Agostini v. Felton: A Legal Overview

Historical Event

Date

June 23, 1997

Location

New York City, NY, United States

Result

Policy enacted

Introduction

Agostini v. Felton was a 1997 U.S. Supreme Court case that addressed the constitutionality of public school teachers providing remedial instruction on-site at religious schools under the First Amendment’s Establishment Clause. The Court overturned its 1985 decision in *Aguilar v. Felton*, ruling 5–4 that such a program did not violate the separation of church and state, as long as the instruction remained secular and neutral, and government and religion avoided excessive entanglement. This landmark decision reflected evolving judicial standards on the Establishment Clause and allowed federally funded education programs to operate in some religious school settings without constitutional conflict.

Background and context of Agostini v. Felton

The case arose from a challenge to New York City’s use of federal Title I funds—part of the Elementary and Secondary Education Act of 1965—to pay public school teachers providing remedial education in private religious schools. Under Title I, educationally disadvantaged students are eligible for support regardless of school type, but the earlier Supreme Court decision in Aguilar v. Felton (1985) had ruled this arrangement unconstitutional, citing the Establishment Clause’s prohibition on “excessive entanglement” between government and religion. This restriction required strict monitoring to prevent religious influence by publicly funded teachers on parochial school grounds. Over time, concerns arose that the limitation imposed unnecessary burdens and did not reflect changes in the Court’s interpretation of the Establishment Clause. Thus, when a group of parents and state officials sought to lift the injunction against New York’s program, the Supreme Court reconsidered the legal landscape, leading to a significant shift in Establishment Clause jurisprudence. The case was decided in 1997, overturning Aguilar and allowing on-site teaching by public employees under strict secular and neutral conditions.

Details of the Agostini v. Felton event

One important Supreme Court case, Agostini v. Felton, involved a detailed review of public school teachers providing instruction inside parochial schools.

Timeline and proceedings

The case was decided on June 23, 1997 by the United States Supreme Court, which heard arguments after appeals from lower courts that had addressed the issue since the mid-1980s. The legal conflict originally stemmed from a 1985 case, Aguilar v. Felton, where the Court had ruled against New York City’s practice of sending public school teachers into religious schools for remedial teaching. In Agostini, the Court revisited the same facts but reconsidered the constitutional implications. The New York City Board of Education had maintained a program under Title I of the Elementary and Secondary Education Act, providing federally funded remedial instruction at parochial school sites. After lower courts rejected attempts to lift an injunction preventing the program, the Board petitioned the Supreme Court to review the decision.

Supreme Court review

The Supreme Court’s review involved a close examination of whether employing public school teachers in religious schools for secular, remedial education violated the Establishment Clause of the First Amendment. The Court noted that no new substantial factual changes had occurred since the 1985 ruling, but the Justices were asked to rethink the prior legal framework. The majority opinion, delivered by Justice Sandra Day O’Connor, carefully analyzed the extent of government entanglement with religion under the program. Several Justices in the majority highlighted that as long as the instruction was neutral and secular, and measures were in place to prevent religious indoctrination, it did not constitute an unconstitutional establishment of religion. The ruling upended the prior strict separationist stance, permitting such programs with safeguards.

Decision and vote

The Court’s decision was narrow and closely divided, with a 5–4 vote. Chief Justice William Rehnquist, along with Justices Antonin Scalia, Clarence Thomas, Anthony Kennedy, and Sandra Day O’Connor, formed the majority affirming the constitutionality of the New York program. Dissenting Justices included John Paul Stevens, Ruth Bader Ginsburg, David Souter, and Stephen Breyer, who maintained that the program did create excessive entanglement. The majority vacated the permanent injunction that barred New York’s Title I remedial services in religious schools. This effectively allowed the public school teachers to continue providing neutral, remedial instruction inside parochial schools, recognizing safeguards as sufficient to comply with constitutional limits.

In sum, Agostini v. Felton was a judicial review event focused on refining the boundaries of church-state separation in public education services, affirming that remedial teaching by public school employees in religious schools is constitutional under controlled conditions.

Outcomes of the Agostini v. Felton case

The outcome of Agostini v. Felton (1997) was that the U.S. Supreme Court overruled its prior decision from Aguilar v. Felton (1985), allowing public school teachers to provide remedial education on the premises of religious (parochial) schools without violating the Establishment Clause of the First Amendment. The Court ruled that such programs are constitutional as long as the instruction is secular, neutral, and does not promote religion or create excessive government entanglement with religion. This decision removed a longstanding injunction that had blocked New York City's Title I program, which provided federally funded supplemental education to disadvantaged children at religious schools. The ruling reflected an evolution in Establishment Clause law, emphasizing that neutral, publicly funded services offered in religious schools are permissible with adequate safeguards. The vote was 5–4, showing a divided Court among the justices.

Historical significance of the case

The historical significance of Agostini v. Felton (1997) lies in its reversal of the 1985 Aguilar v. Felton decision, which had barred public school teachers from providing federally funded remedial education in religious schools. The Supreme Court held that such programs do not violate the Establishment Clause of the First Amendment if they are neutral and include safeguards against religious entanglement. This ruling allowed public school services to be delivered on parochial school premises, reflecting a shift in Establishment Clause interpretation. It also lifted a longstanding injunction, reducing costs and legal burdens for New York City’s Title I program, thus impacting federal education funding policies nationwide.