Baptist News Global
Sections
  • News
  • Analysis
  • Opinion
  • Curated
  • Storytelling
    • Faith & Justice >
      • Charleston: Metanoia with Bill Stanfield
      • Charlotte: QC Family Tree with Greg and Helms Jarrell
      • Little Rock: Judge Wendell Griffen
      • North Carolina: Conetoe
    • Welcoming the Stranger >
      • Lost Boys of Sudan: St. John’s Baptist Charlotte
      • Awakening to Immigrant Justice: Myers Park Baptist Church
      • Hospitality on the corner: Gaston Christian Center
    • Signature Ministries >
      • Jake Hall: Gospel Gothic, Music and Radio
    • Singing Our Faith >
      • Hymns for a Lifetime: Ken Wilson and Knollwood Baptist Church
      • Norfolk Street Choir
    • Resilient Rural America >
      • Alabama: Perry County
      • Texas: Hidalgo County
      • Arkansas Delta
      • Southeast Kentucky
  • More
    • Contact
    • About
    • Donate
    • Planned Giving
    • Letters to the Editor
    • Advertising
    • Ministry Jobs and More
    • Transitions
    • Subscribe
    • Submissions and Permissions
Support independent, faith-based journalism. Donate
Search Search this site

Feds won’t enforce law limiting use of taxpayer funds by private schools

NewsBob Allen  |  March 12, 2019

U.S. Education Secretary Betsy DeVos announced March 11 that her department will not enforce parts of a federal law governing the nation’s elementary, middle and high schools deemed unconstitutional in light of a recent Supreme Court decision regarding the separation of church and state.

In a letter to House Speaker Nancy Pelosi, DeVos said the department “will refrain from enforcing, applying or administering” a provision of the Elementary and Secondary Education Act that “categorically excludes religious organizations simply because they are religious.”

The 449-page law passed in 1965 as part of President Lyndon Johnson’s War on Poverty and reauthorized most recently as the Every Student Succeeds Act by President Obama in 2015, provides financial assistance to public schools with high percentages of children from low-income families.

It also provides services such as special education, counseling, mentoring and one-on-one tutoring to private school children that are “equitable in comparison” to those offered by public schools.

The law requires local educational agencies to provide services for students in private schools either through employees of a public agency or a contract with an individual or agency. It mandates that whoever provides those services “be independent of such private school and of any religious organization” and under control and supervision of the public agency.

DeVos, a champion of school choice, school vouchers and charter schools, said that provision runs afoul of the 2017 Supreme Court decision in Trinity Lutheran Church of Columbia Inc. v. Comer, that a church cannot be excluded from a state program to enhance playground safety solely because of its “religious character.”

“The Trinity Lutheran decision reaffirmed the long-understood intent of the First Amendment to not restrict the free exercise of religion,” DeVos said in a statement. “Those seeking to provide high-quality educational services to students and teachers should not be discriminated against simply based on the religious character of their organization.”

In her letter to Pelosi, DeVos said after consulting with the Justice Department she concluded the law “impermissibly excludes a class of potential equitable service providers based solely on their religious status, just like the state policy that was struck down in Trinity Lutheran.”

“Permitting religious organizations and secular organizations alike to provide secular services to schools does not violate the Establishment Clause,” the secretary said. She said moving forward the education department generally considers faith-based organizations to be eligible” to contract and be eligible for grants “on the same basis as any other private organization.”

She said the department will continue to enforce other provisions of the law, including a requirement that equitable services be “secular, neutral and nonideological.”

Tags:separation of church and stateEducationBetsy DeVos
Bob Allen
More by
Bob Allen
  • Get BNG headlines in your inbox

  • Featured

    • Here’s help for addressing mental health in marriage

      News

    • Why we must not turn away from the Derek Chauvin trial

      Opinion

    • From Texas to Tennessee, evangelical parents are trying to take the ‘public’ out of public education

      Opinion

    • When the dying stops, will we remember to address the multiplied grief of COVID?

      News


    Curated

    • Liberty University shake-ups continue as Falwell Jr.’s son leaves post as VP

      Liberty University shake-ups continue as Falwell Jr.’s son leaves post as VP

      April 15, 2021
    • As policies shift, Protestants and other faith groups join Catholics in helping immigrants at the border

      As policies shift, Protestants and other faith groups join Catholics in helping immigrants at the border

      April 15, 2021
    • Religious leaders recall Prince Philip’s spiritual curiosity

      Religious leaders recall Prince Philip’s spiritual curiosity

      April 15, 2021
    • How ‘complementarianism’ – the belief that God assigned specific gender roles – became part of evangelical doctrine

      How ‘complementarianism’ – the belief that God assigned specific gender roles – became part of evangelical doctrine

      April 14, 2021
    Read Next:

    When politics becomes religion

    OpinionDavid Gushee, Senior Columnist

    More Articles

    • All
    • News
    • Opinion
    • Curated
    • On Earth Day: Let’s walk on water together

      OpinionKatherine Smith

    • Attacks on Critical Race Theory are ‘attempt to maintain the status quo’

      NewsJeff Brumley

    • From Texas to Tennessee, evangelical parents are trying to take the ‘public’ out of public education

      OpinionMark Wingfield

    • When the dying stops, will we remember to address the multiplied grief of COVID?

      NewsMark Wingfield

    • Baylor and Buckner remind us: We’ve not yet reckoned with our past ties to slavery

      OpinionMichael Chancellor

    • On Earth Day, let us remember the earth is filled with God’s glory

      OpinionPhawnda Moore

    • CeCe Winans is experiencing a season of firsts

      NewsMaina Mwaura

    • Climate change is heating up the terrorist conflict in Africa’s Sahel region

      NewsAnthony Akaeze

    • Learning to see my hometown from a different perspective with a little help from my friends

      OpinionEric Minton

    • Join BNG webinar with Beth Allison Barr to discuss ‘biblical womanhood’

      NewsBNG staff

    • Transitions for the week of 4-16-21

      NewsBarbara Francis

    • Texas takes the spotlight as statehouses across the nation seek to restrict trans teens and voter access

      AnalysisMark Wingfield

    • Why we must not turn away from the Derek Chauvin trial

      OpinionFloyd Thompkins

    • Ways of seeing racism

      OpinionDuke L. Kwon and Gregory Thompson

    • Here’s help for addressing mental health in marriage

      NewsJeff Brumley

    • Ministry jobs and more

      NewsBarbara Francis

    • America 2021: Got church and steeple but where are the people?

      OpinionBill Leonard, Senior Columnist

    • Finding sabbath in a hammock

      OpinionPatrick Wilson

    • ‘Pandemic acknowledges no religious exemption,’ interfaith group warns state legislatures

      NewsMark Wingfield

    • When politics becomes religion

      OpinionDavid Gushee, Senior Columnist

    • Kieve senses a calling to new role helping churches prevent and respond to sexual abuse

      NewsJeff Brumley

    • ‘The Bible says’: Sermons then and now

      OpinionCarl Kell

    • Join Ryan Burge and Mark Wingfield for a free webinar on the ‘nones’

      NewsBNG staff

    • It’s up to the Senate now to fix our democracy

      OpinionElder Lee Harris

    • De La Torre calls for ‘badass believers’ to decolonize Christianity

      NewsJeff Brumley

    • Attacks on Critical Race Theory are ‘attempt to maintain the status quo’

      NewsJeff Brumley

    • When the dying stops, will we remember to address the multiplied grief of COVID?

      NewsMark Wingfield

    • CeCe Winans is experiencing a season of firsts

      NewsMaina Mwaura

    • Climate change is heating up the terrorist conflict in Africa’s Sahel region

      NewsAnthony Akaeze

    • Join BNG webinar with Beth Allison Barr to discuss ‘biblical womanhood’

      NewsBNG staff

    • Transitions for the week of 4-16-21

      NewsBarbara Francis

    • Here’s help for addressing mental health in marriage

      NewsJeff Brumley

    • Ministry jobs and more

      NewsBarbara Francis

    • ‘Pandemic acknowledges no religious exemption,’ interfaith group warns state legislatures

      NewsMark Wingfield

    • Kieve senses a calling to new role helping churches prevent and respond to sexual abuse

      NewsJeff Brumley

    • Join Ryan Burge and Mark Wingfield for a free webinar on the ‘nones’

      NewsBNG staff

    • De La Torre calls for ‘badass believers’ to decolonize Christianity

      NewsJeff Brumley

    • Another Friday night, another Supreme Court rapid ruling on churches and COVID

      NewsMark Wingfield

    • Now Beth Moore is taking on patriarchy in the church

      NewsMark Wingfield

    • When pastors change churches during a global pandemic, it takes creativity and perseverance

      NewsJeff Brumley

    • Angry man with bulldozer severely damages Dellanna West O’Brien School in Liberia

      NewsGrace Thornton

    • Chip Gaines writes about building a network of support and not being constrained by conventional wisdom

      NewsMaina Mwaura

    • Months after two hurricanes, vaccinated volunteers finally heading to Lake Charles

      NewsJeff Brumley

    • Ministry jobs and more

      NewsBarbara Francis

    • Contrary to what you’ve heard, study finds churches thrive with racial diversity

      NewsCynthia Astle

    • CBF Benefits Board names executive vice president and COO

      NewsMark Wingfield

    • In state legislatures, a push against trans teens, for churches as ‘essential’ and seeking to define ‘religious freedom’

      NewsMark Wingfield

    • What we missed most about in-person church, what’s coming back and what’s likely to change

      NewsJeff Brumley

    • If you want to help the poor, first understand their humanity

      NewsJeff Brumley

    • Second Easter during pandemic brings greater sense of hope nationwide

      NewsMark Wingfield

    • On Earth Day: Let’s walk on water together

      OpinionKatherine Smith

    • From Texas to Tennessee, evangelical parents are trying to take the ‘public’ out of public education

      OpinionMark Wingfield

    • Baylor and Buckner remind us: We’ve not yet reckoned with our past ties to slavery

      OpinionMichael Chancellor

    • On Earth Day, let us remember the earth is filled with God’s glory

      OpinionPhawnda Moore

    • Learning to see my hometown from a different perspective with a little help from my friends

      OpinionEric Minton

    • Why we must not turn away from the Derek Chauvin trial

      OpinionFloyd Thompkins

    • Ways of seeing racism

      OpinionDuke L. Kwon and Gregory Thompson

    • America 2021: Got church and steeple but where are the people?

      OpinionBill Leonard, Senior Columnist

    • Finding sabbath in a hammock

      OpinionPatrick Wilson

    • When politics becomes religion

      OpinionDavid Gushee, Senior Columnist

    • ‘The Bible says’: Sermons then and now

      OpinionCarl Kell

    • It’s up to the Senate now to fix our democracy

      OpinionElder Lee Harris

    • Here’s something to try on for size: Talk about things that are ‘more-than-human’

      OpinionCody J. Sanders

    • Would Jesus wear $800 sandals?

      OpinionTerry Austin

    • Where is Mike Huckabee?

      OpinionRobert P. Sellers

    • We cannot now close our border to those fleeing the horror we helped create

      OpinionChris Conley

    • That time I went to the school board meeting to speak against banning books

      OpinionMark Wingfield

    • What I found hidden in my mother’s Bible after her death

      OpinionKim Brewer

    • Four ways to help others through grief and mourning amid social isolation

      OpinionJacob George

    • A few good men?: Promising Young Woman and the culture of abuse

      OpinionGreg Garrett, Senior Columnist

    • I knew the truth about women in the Bible, and I stayed silent

      OpinionBeth Allison Barr

    • How American exceptionalism is killing America

      OpinionRichard T. Hughes

    • The end of American exceptionalism

      OpinionSteve Sullivan

    • To live into Easter, we need to keep writing a new song

      OpinionLaura Mayo

    • How to find resilience for the long run of COVID, as we’re ‘almost there, but not quite yet’

      OpinionPaula Mangum Sheridan

    • Liberty University shake-ups continue as Falwell Jr.’s son leaves post as VP

      Curated

      Exclude from home pageBNG staff

    • As policies shift, Protestants and other faith groups join Catholics in helping immigrants at the border

      Curated

      Exclude from home pageBNG staff

    • Religious leaders recall Prince Philip’s spiritual curiosity

      Curated

      Exclude from home pageBNG staff

    • How ‘complementarianism’ – the belief that God assigned specific gender roles – became part of evangelical doctrine

      Curated

      Exclude from home pageBNG staff

    • Can America’s ‘Civil Religion’ Still Unite The Country?

      Curated

      Exclude from home pageBNG staff

    • Fox stands behind Tucker Carlson after ADL urges his firing

      Curated

      Exclude from home pageBNG staff

    • How a Georgia pastor practiced what he preached by accepting LGBTQ members into his Southern Baptist church

      Curated

      Exclude from home pageBNG staff

    • Public policy leader Weston Ware dies at age 88

      Curated

      Exclude from home pageBNG staff

    • Panel advances bill to let Arkansas teachers talk creationism

      Curated

      Exclude from home pageBNG staff

    • Are LGBTQ students at Christian schools discriminated against? A lawsuit, scholarly studies say yes.

      Curated

      Exclude from home pageBNG staff

    • A Georgia church, kicked out of the SBC for allowing gay members, wants to make sure ‘everybody’s welcome’

      Curated

      Exclude from home pageBNG staff

    • Faith leaders call for elimination of Senate filibuster

      Curated

      Exclude from home pageBNG staff

    • Joe Biden is not planning to solve the Israeli-Palestinian conflict

      Curated

      Exclude from home pageBNG staff

    • Christian nationalism is a barrier to mass vaccination against COVID-19

      Curated

      Exclude from home pageBNG staff

    • Celebrity lineup to read King’s anti-war speech on assassination anniversary

      Curated

      Exclude from home pageBNG staff

    • Montana House backs bill on religious challenges to rules

      Curated

      Exclude from home pageBNG staff

    • Georgia faith leaders to leave water bottles around Capitol in protest of new voter laws

      Curated

      Exclude from home pageBNG staff

    • Vatican makes moral case for supporting people displaced by climate change

      Curated

      Exclude from home pageBNG staff

    • Baylor partnership brings Baptist Standard archive online

      Curated

      Exclude from home pageBNG staff

    • Survey: Most Americans know Biden is Catholic, far fewer know Harris’ religion

      Curated

      Exclude from home pageBNG staff

    • Georgia’s new GOP election law draws criticism, lawsuits

      Curated

      Exclude from home pageBNG staff

    • At nationwide rallies, Christians stand up for Asian Americans

      Curated

      Exclude from home pageBNG staff

    • Appellate court arguments set for Charleston church shooter

      Curated

      Exclude from home pageBNG staff

    • Franklin Graham unfazed after evangelical base blasts him for encouraging vaccines

      Curated

      Exclude from home pageBNG staff

    • Shooter at Kansas Jewish centers appeals death sentence

      Curated

      Exclude from home pageBNG staff

    Conversations that Matter.

    © 2021 Baptist News Global. All rights reserved.

    Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here.

    • Facebook
    • Twitter
    • Instagram
    • LinkedIn
    • RSS