Lecture 12 POLS 207 Outline of Last Lecture Fiscal and Policy Capacity of the States Part 1 I Increased federal gvt role in education A ESEA 1965 B NCLB 2001 II Northwest Ordinance of 1787 III Incrementalism Outline of Current Lecture Fiscal and Policy Capacity of the States Part 2 I Government funding for religious schools A Constitutional national and state issue B Selective incorporation C Supreme Court s 3 fold test D Political considerations E Federal education aid between 1965 and 2001 Current Lecture Prior to ESEA Elementary Secondary Education Act 1965 Federal aid money very small Targeted to specific matters Barriers to general federal aid for K 12 education before ESEA 1965 Overview Private religious schools racially segregated schools fear of federal control Barriers to general federal aid for K 12 education before ESEA Religious parochial schools Should the government give them funding That s the big question o See also D M chapter 16 554 57 Constitutional issue involving both national Constitution and numerous STATE constitutions 1st Amendment to US Constitution Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof Texas Bill of Rights Article 1 Section 7 No money shall be appropriated or drawn from the Treasury for the benefit of any sect religious society theological or religious seminary Reminder Free exercise thereof establishment of religion with selective incorporation initiated by Gitlow v New York 1925 this part of national Bill of Rights now also applies to states 1940s See also D M chapter 9 293 94 By mid 1960s US and state constitutional issue of public funds to religious schools finessed with child benefit doctrine Cochran v Board of Education 1930 US Supreme Court s 3 fold test to see if an issue of governmental entanglement is permissible since 1970s Lemon test D M 16 555 56 The activity needs to have a primarily secular purpose Neither advance nor inhibit religious expression of any group No excessive entanglement for example no ongoing monitoring of religious instruction activities Lemon v Kurtzman 1971 Political considerations Fear among protestants of Catholicism esp distrust of the institutional Catholic church Fear that they might interfere intervene with government Complicated legislative politics Northeast and Midwest Dems esp And some Reps refused to support general federal aid unless it also went to catholic schools Racially segregated schools esp after 1954 Brown Decision becomes moot w passage of 1964 Civil Rights Act Prior to 1964 one of the barriers to federal aid had to do with this question of what to do with mostly Southern schools that were still segregated These schools were unconstitutional illegal and so funding them was tricky Federal control if Federal government funds public education it will be the first step on the slippery slope of extensive monitoring of control over education esp fear of national test and curricula Political log jam over enhanced federal aid bill for K 12 education was broken in 1965 with the results of the 1964 elections ESEA consequence of Nov 64 elections and break up Republican Southern Democrat leg coalition Democrat Lyndon Johnson defeats Republican Barry Goldwater with 61 of the popular vote Also in 1965 the US Congress enacts Medicare and Medicaid Voting Rights Act of 1965 This was the golden age of activist national government policymaking for Democrats Typical template for federal aid to education between 1965 ESEA and 2001 NCLB 7 8 billion in Title 1 federal aid to states and localities with officials feeling entitled to stream of federal dollars Even though ESEA was NOT general aid it was targeted to schools with a high concentration of children from low 2000 income families to reflect equity theme of 60s Great Society and to satisfy critics of federal aid to religious schools Use of strings Decision making process