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Constitutional Law Keyed to Maggs
Lemon v. Kurtzman
Citation:403 U.S. 602 (1971)
The Pennsylvania Nonpublic Elementary and Secondary Education Act was passed in 1968 in response to a crisis that the Pennsylvania Legislature found existed in the State’s nonpublic schools due to rapidly rising costs. The statute authorizes appellee state Superintendent of Public Instruction to purchase specified secular educational services from nonpublic schools. Under the contracts authorized by the statute, the State directly reimburses nonpublic schools solely for their actual expenditures for teachers’ salaries, textbooks, and instructional materials. A school seeking reimbursement must maintain prescribed accounting procedures that identify the separate cost of secular educational service. Reimbursement is limited to courses presented in the curricula of the public schools. The statute prohibits reimbursement for any course that contains any subject matter expressing religious teaching, or the morals or forms of worship of any sect.
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