agostini
et
al
felton
et
argued
april
decided
june
aguilar
felton
held
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york
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sent
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school
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schools
provide
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disadvantaged
children
pursuant
title
elementary
secondary
education
act
necessitated
excessive
entanglement
church
state
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first
amendment
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clause
remand
district
entered
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injunction
reflecting
ruling
years
later
petitioners
parties
bound
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filed
motions
seeking
relief
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operation
federal
rule
civil
procedure
emphasized
significant
costs
complying
aguilar
assertions
five
justices
board
ed
kiryas
joel
village
school
dist
grumet
aguilar
reconsidered
argued
relief
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rule
rufo
inmates
suffolk
county
jail
aguilar
squared
intervening
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clause
jurisprudence
longer
good
law
district
denied
motion
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aguilar
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instruction
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children
neutral
basis
invalidunder
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york
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title
program
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aguilar
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dist
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time
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pp
rufo
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equitable
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aguilar
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rapids
michigan
shared
time
program
analogous
new
york
city
title
program
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lemon
kurtzman
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ball
acknowledged
shared
time
program
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served
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religious
school
premises
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inculcate
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work
see
ii
presence
public
employees
private
school
premises
creates
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symbolic
union
church
state
see
id
iii
public
aid
directly
aids
educational
function
religious
schools
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finances
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indoctrination
even
aid
reaches
schools
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private
decisionmaking
see
additionally
aguilar
set
forth
fourth
assumption
new
york
city
title
program
necessitates
excessive
government
entanglement
religion
violation
lemon
test
third
element
public
employees
teach
religious
school
premises
must
closely
monitored
ensure
inculcate
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see
pp
recent
cases
undermined
assumptions
upon
ball
aguilar
relied
contrary
aguilar
conclusion
placing
full
time
government
employees
parochial
school
campuses
matter
law
impermissible
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religion
indoctrination
subsequent
cases
modified
two
significant
respects
approach
uses
assess
whether
government
impermissibly
advanced
religion
inculcating
religious
beliefs
first
abandoned
ball
presumption
public
employees
placed
parochial
school
grounds
inevitably
inculcate
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presence
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union
government
religion
zobrest
catalina
foothills
school
evidence
ever
shown
new
york
city
instructor
teaching
parochial
school
premises
attempted
inculcate
religion
students
second
departed
ball
rule
government
aid
directly
aids
educational
function
religious
schools
invalid
witters
washington
dept
servs
blind
zobrest
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relevant
respects
provision
instructional
services
issue
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sign
language
interpreter
zobrest
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witters
make
clear
current
law
shared
time
program
ball
new
york
city
title
program
matter
law
deemed
effect
advancing
religion
indoctrination
thus
precedent
experience
require
rejection
premises
upon
ball
relied
pp
new
york
city
title
program
give
aid
recipients
incentive
modify
religious
beliefs
practices
order
obtain
program
services
although
ball
aguilar
completely
ignored
consideration
establishment
clause
cases
since
examined
criteria
aid
program
identifies
beneficiaries
determine
whether
criteria
effect
advancing
religion
creating
financial
incentive
undertake
religious
indoctrination
cf
witters
supra
zobrest
supra
incentive
present
aid
allocated
basis
neutral
secular
criteria
neither
favor
disfavor
religion
made
available
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secular
beneficiaries
nondiscriminatory
basis
circumstances
aid
less
likely
effect
advancing
religion
see
widmar
vincent
newyork
city
title
services
available
children
meet
eligibility
requirements
matter
religious
beliefs
go
school
pp
aguilar
erred
concluding
new
york
city
title
program
resulted
excessive
entanglement
church
state
regardless
whether
entanglement
considered
course
assessing
program
impermissible
effect
advancing
religion
walz
tax
city
new
york
factor
separate
apart
effect
lemon
kurtzman
considerations
used
assess
excessiveness
similar
looks
character
purposes
benefited
institutions
nature
aid
state
provides
resulting
relationship
government
religious
authority
simplest
recognize
entanglement
significant
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walz
aspect
inquiry
statute
effect
aguilar
finding
excessive
entanglement
rested
three
grounds
program
require
pervasive
monitoring
public
authorities
ensure
title
employees
inculcate
religion
ii
program
required
administrative
cooperation
government
parochial
schools
iii
program
might
increase
dangers
political
divisiveness
current
establishment
clause
understanding
last
two
considerations
insufficient
create
excessive
entanglement
present
matter
title
services
offered
held
title
services
offered
campus
aguilar
supra
first
consideration
undermined
zobrest
zobrest
abandoned
presumption
public
employees
inculcate
religion
simply
happen
sectarian
environment
longer
need
assume
pervasive
monitoring
title
teachers
required
suggestion
record
system
new
york
city
place
monitor
title
employees
insufficient
prevent
detect
inculcation
moreover
failed
find
excessive
entanglement
cases
involving
far
onerous
burdens
religious
institutions
see
bowen
kendrick
pp
thus
new
york
city
title
program
run
afoul
three
primary
criteria
currently
uses
evaluate
whether
government
aid
effect
advancing
religion
result
governmental
indoctrination
define
recipients
reference
religion
create
excessive
entanglement
carefully
constrained
program
reasonably
viewed
endorsement
religion
pp
stare
decisis
doctrine
preclude
recognizing
change
law
overruling
aguilar
portions
ball
inconsistent
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decisions
gaudin
moreover
light
conclusion
aguilar
decided
differently
current
establishment
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law
adherence
decision
undoubtedly
work
manifest
injustice
law
case
doctrine
apply
accord
davis
pp
significant
change
establishment
clause
law
entitles
petitioners
relief
rule
general
practice
apply
rule
law
announcing
parties
rodriguez
de
quijas
express
even
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case
adarand
constructors
peña
neither
acknowledges
holds
courts
ever
conclude
recent
cases
implication
overruled
earlier
precedent
rather
lower
courts
follow
case
directly
controls
leaving
prerogative
overruling
decisions
rodriguez
de
quijas
supra
respondents
various
arguments
relief
granted
case
different
analysis
required
reviewing
abuse
discretion
district
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relief
petitioners
unprecedented
use
rule
vehicle
effecting
changes
law
rather
means
recognizing
encourage
litigants
burden
federal
courts
deluge
rule
motions
petitioners
use
rule
context
erode
institutional
integrity
wait
better
vehicle
evaluate
aguilar
continuing
vitality
persuasive
pp
reversed
remanded
delivered
opinion
rehnquist
scalia
kennedy
thomas
joined
souter
filed
dissenting
opinion
stevens
ginsburg
joined
breyer
joined
part
ii
ginsburg
filed
dissenting
opinion
stevens
souter
breyer
joined
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
wash
ington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
nos
rachel
agostini
et
petitioners
betty
louise
felton
et
al
chancellor
board
education
city
new
york
et
petitioners
writs
certiorari
appeals
second
circuit
june
justice
delivered
opinion
aguilar
felton
held
establishment
clause
first
amendment
barred
city
new
york
sending
public
school
teachers
parochial
schools
provide
remedial
education
disadvantaged
children
pursuant
congressionally
mandated
program
remand
district
eastern
district
new
york
entered
permanent
injunction
reflecting
ruling
twelve
years
later
petitioners
parties
bound
injunction
seek
relief
operation
petitioners
maintain
aguilar
squared
intervening
establishment
clause
jurisprudence
ask
explicitly
recognize
recent
cases
already
dictate
aguilar
longer
good
law
agree
petitioners
aguilar
consistent
subsequent
establishment
clause
decisions
conclude
facts
presented
petitioners
entitled
federal
rule
civilprocedure
relief
operation
district
prospective
injunction
congress
enacted
title
elementary
secondary
education
act
stat
modified
et
provid
full
educational
opportunity
every
child
regardless
economic
background
sess
hereinafter
title
toward
end
title
channels
federal
funds
local
educational
agencies
lea
lea
spend
funds
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education
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job
counseling
eligible
students
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services
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also
iv
eligible
student
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resides
within
attendance
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public
school
located
low
income
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ii
failing
risk
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state
student
performance
standards
title
funds
must
made
available
eligible
children
regardless
whether
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children
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private
schools
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equitable
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school
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cfr
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aid
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private
school
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aid
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wide
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wide
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schools
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materials
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title
services
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services
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employees
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school
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institution
title
services
must
secular
neutral
nonideological
must
supplement
case
supplant
level
services
already
provided
private
school
cfr
petitioner
board
education
city
new
york
board
lea
first
applied
title
funds
grappled
ever
since
provide
title
services
private
school
students
within
jurisdiction
approximately
total
number
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eligible
title
services
private
school
students
see
app
recognizing
private
schools
within
board
jurisdiction
sectarian
felton
secretary
dept
board
initially
arranged
transport
children
public
schools
school
title
instruction
enterprise
largely
unsuccessful
attendance
poor
teachers
children
tired
parents
concerned
safety
children
ibid
board
moved
school
instruction
onto
private
school
campuses
congress
contemplated
enacted
title
see
wheeler
barrera
program
also
yielded
mixed
results
board
implemented
plan
weevaluated
aguilar
felton
plan
called
provision
title
services
private
school
premises
school
hours
plan
public
employees
serve
title
instructors
counselors
assignments
private
schools
made
voluntary
basis
without
regard
religious
affiliation
employee
wishes
private
school
ibid
appeals
aguilar
observed
large
majority
title
teachers
worked
nonpublic
schools
religious
affiliations
different
vast
majority
title
teachers
also
moved
among
private
schools
spending
fewer
five
days
week
school
ibid
public
employee
provide
title
instruction
private
school
given
detailed
set
written
oral
instructions
emphasizing
secular
purpose
title
setting
rules
followed
ensure
purpose
compromised
specifically
employees
told
employees
board
accountable
public
school
supervisors
ii
exclusive
responsibility
selecting
students
title
program
teach
children
met
eligibility
criteria
title
iii
materials
equipment
used
title
program
iv
engage
team
teaching
cooperative
instructional
activities
private
school
teachers
introduce
religious
matter
teaching
become
involved
way
religious
activities
private
schools
ibid
religious
symbols
removed
classrooms
used
title
services
rules
acknowledged
might
necessary
title
teachers
consult
student
regular
classroom
teacher
assess
student
particularneeds
progress
admonished
instructors
limit
consultations
mutual
professional
concerns
regarding
student
education
ensure
compliance
rules
publicly
employed
field
supervisor
attempt
make
least
one
unannounced
visit
teacher
classroom
every
month
six
federal
taxpayers
respondents
sued
board
district
eastern
district
new
york
respondents
sought
declaratory
injunctive
relief
claiming
board
title
program
violated
establishment
clause
district
permitted
parents
number
parochial
school
students
receiving
title
services
intervene
codefendants
district
granted
summary
judgment
board
appeals
second
circuit
reversed
noting
board
title
program
done
much
good
little
detectable
harm
appeals
nevertheless
held
meek
pittenger
wolman
walter
compelled
declare
program
unconstitutional
decision
affirmed
ground
board
title
program
necessitated
excessive
entanglement
church
state
administration
title
benefits
remand
district
permanently
enjoined
board
using
public
funds
plan
program
title
extent
requires
authorizes
permits
public
school
teachers
guidance
counselors
provide
teaching
counseling
services
premises
sectarian
schools
within
new
york
city
app
pet
cert
pp
disputed
additional
costs
complying
aguilar
mandate
significant
since
school
year
board
spent
million
providing
computer
aided
instruction
leasing
sites
mobile
instructional
units
transporting
students
sites
app
million
spent
school
years
annual
additional
costs
average
around
million
secretary
education
regulations
costs
incurred
result
implementing
alternative
delivery
systems
comply
requirements
aguilar
felton
paid
state
federal
funds
deducted
federal
grant
title
funds
distributed
student
cfr
aguilar
costs
thus
reduce
amount
title
money
lea
available
remedial
education
lea
cut
back
number
students
receive
title
benefits
title
funds
available
new
york
city
children
school
years
board
deduct
million
top
compliance
aguilar
app
aguilar
handed
estimated
economically
disadvantaged
children
city
new
york
see
dissenting
children
nationwide
see
levy
establishment
clause
experience
decline
title
services
see
also
estimating
aguilar
costs
resulted
decline
percent
number
private
school
children
served
october
december
petitioners
board
new
group
parents
parochial
school
students
entitled
title
services
filed
motions
district
seeking
relief
federal
rule
civil
procedure
permanent
injunction
entered
district
remand
decision
aguilar
petitioners
argued
relief
proper
rule
decision
rufo
inmates
suffolk
county
jail
decisional
law
changed
make
legal
injunction
designed
prevent
specifically
petitioners
pointed
statements
five
justices
board
ed
kiryas
joel
village
school
dist
grumet
calling
overruling
aguilar
district
denied
motion
district
recognized
petitioners
bottom
sought
procedurally
sound
vehicle
get
propriety
injunction
back
app
pet
cert
concluded
board
ha
properly
proceeded
rule
seek
relief
injunction
despite
observations
landscape
establishment
clause
decisions
changed
may
good
reason
conclude
aguilar
demise
imminent
district
denied
rule
motion
merits
aguilar
demise
yet
occurred
appeals
second
circuit
affirmed
substantially
reasons
stated
district
opinion
granted
certiorari
reverse
question
must
answer
simple
one
petitioners
entitled
relief
district
permanent
injunction
rule
rule
subsection
petitioners
proceeded
motion
upon
terms
may
relieve
party
final
judgment
order
longer
equitable
judgment
prospective
application
petitioners
point
three
changes
factual
legal
landscape
believe
justify
claim
forrelief
rule
first
contend
exorbitant
costs
complying
district
injunction
constitute
significant
factual
development
warranting
modification
injunction
see
brief
petitioner
agostini
et
al
petitioners
also
argue
two
significant
legal
developments
since
aguilar
decided
majority
justices
expressed
views
aguilar
reconsidered
overruled
see
supra
aguilar
event
undermined
subsequent
establishment
clause
decisions
including
witters
washington
dept
servs
blind
zobrest
catalina
foothills
school
rosenberger
rector
visitors
univ
respondents
counter
costs
providing
title
services
site
known
time
aguilar
decided
relevant
case
law
changed
district
err
denying
petitioners
motions
obviously
neither
law
supporting
original
decision
litigation
facts
changed
need
decide
propriety
rule
motion
accordingly
turn
threshold
issue
whether
factual
legal
landscape
changed
since
decided
aguilar
agree
respondents
petitioners
failed
establish
significant
change
factual
conditions
required
rufo
petitioners
time
aguilar
decided
aware
additional
costs
incurred
title
services
provided
parochial
school
classrooms
see
app
defendants
joint
statement
material
facts
dispute
filed
detailing
costs
providing
premises
services
aguilar
dissenting
observing
costs
complying
aguilar
decision
likely
cause
decline
title
services
new
york
citystudents
predictions
additional
costs
turned
accurate
constitute
change
factual
conditions
warranting
relief
rule
accord
rufo
ordinarily
modification
granted
party
relies
upon
events
actually
anticipated
time
order
entered
also
agree
respondents
statements
made
five
justices
kiryas
joel
furnish
basis
concluding
establishment
clause
jurisprudence
changed
kiryas
joel
considered
constitutionality
new
york
law
carved
public
school
district
coincide
boundaries
village
kiryas
joel
enclave
satmar
hasidic
sect
new
district
created
satmar
children
wishing
receive
special
educational
services
individuals
disabilities
education
act
idea
et
receive
services
public
schools
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ante
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motion
say
otherwise
see
committee
public
ed
religious
liberty
secretary
dept
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pearl
ii
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la
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brief
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york
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helms
case
appealed
fifth
circuit
involves
establishment
clause
challenge
louisiana
special
education
program
pearl
ii
district
upheld
aspects
new
york
city
current
title
program
challenged
establishment
clause
plaintiffs
filed
notice
appeal
case
parties
later
stipulated
withdraw
appeal
without
prejudice
reinstatement
pending
decision
case
see
stipulation
withdrawal
appeal
committee
public
ed
religious
liberty
secretary
dept
filed
mar
unlike
majority
find
cause
await
arrival
helms
pearl
ii
perhaps
another
case
review
appropriately
may
sought
deciding
whether
aguilar
remain
law
land
cause
lies
maintenance
integrity
interpretation
procedural
rules
preservation
responsive
non
agenda
setting
character
thiscourt
avoidance
invitations
reconsider
old
cases
based
speculat
ions
chances
changes
membership
illinois
central
footnotes
together
chancellor
board
education
city
new
york
et
al
felton
et
also
certiorari
title
reenacted
varying
forms
years
recently
improving
america
schools
act
stat
refer
current
title
provisions
differ
meaningfully
purposes
title
program
referred
previous
decision
litigation
school
dist
grand
rapids
ball
also
invalidated
separate
program
called
community
education
distinct
title
program
issue
today
understand
discussion
implicate
ball
evaluation
community
education
program
refusal
recognize
extent
student
participation
relevant
constitutionality
aid
program
see
ante
ignores
contrary
conclusion
witters
washington
dept
servs
blind
point
see
noting
among
relevant
factors
evidence
ha
presented
indicating
person
ha
ever
sought
finance
religious
education
activity
pursuant
state
program
reason
attempted
analogy
title
idea
fails
see
ante
james
zobrest
unlike
students
receiving
title
services
applied
individually
interpretative
services
issue
zobrest
catalina
foothills
school