Hartle
ADP 631-G1 School Law – Unit 2
Board of Education of Central School District No.1 v. Allen
The Citation: Case Name: Board of Education of Central School District No.1 v. Allen Supreme Court of the United States, 1968 392 U.S. 236, 88 S. Ct. 1923 Docket No. 660 Decided: Monday, June 10, 1968
Issues: Is it a violation of the first and fourteenth amendments to prohibit the state of New York from lending text books to parochial schools? The textbooks were obtained with taxpayer money.
Facts:
The 1965 amendment to the New York Education Law said that the school boards had to buy text books for all students in their district including public school and parochial school students. The books were to be borrowed and used for their…show more content… In the New York court of appeals, it was decided that the board had basis for their stance, but, the law was constitutional because it benefited all of the students. They sided with the state. Next, the case was appealed and sent to the Supreme Court.
Holding:
6 votes for Allen, 3 votes against Allen
The Supreme Court found that the law was unconstitutional because the books didn’t support or encourage any religion. The court also stated that buying these textbooks benefited the parents and students, not the schools.
Rationale:
The court system had to determine whether or not this law defied the amendments governing separation of church and state. They sided with the state because providing textbooks for the purpose of secular education didn’t pertain to religion. There was no reason for them to take action against the board. After reviewing the facts the conclusion was that there was no basis for the argument that the books supported any type of religion. They found that even though parochial schools do teach religion, they also teach secular education. This is what the textbooks were to be used
