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Copyright 1999 Globe Newspaper Company  
The Boston Globe

June 15, 1999, Tuesday ,City Edition

SECTION: NATIONAL/FOREIGN; Pg. A8

LENGTH: 564 words

HEADLINE: Justices to address states' high-tech aid to parochial schools

BYLINE: By Richard Carelli, Associated Press

BODY:

   WASHINGTON - The Supreme Court said yesterday it will decide whether computers and other instructional materials paid for with taxpayer money can be used by religious schools, a case one analyst called the most important church-state dispute to reach the court in two decades.

The court's parochial-aid decision in a Louisiana case could affect the national debate over school vouchers, financial help from the government for families whose children attend religious and other private schools. Expected sometime in 2000, the ruling also may determine the scope of federal efforts to connect every American classroom to the Internet.

A New Orleans-based federal appeals court struck down a federal program last year by ruling that providing educational materials other than textbooks for religiously affiliated elementary and secondary schools violates the constitutionally required separation of government and religion.

The same program, which makes federal money available through local school districts, was upheld by a San Francisco-based federal appeals court.

The Rev. Barry Lynn of Americans United for Separation of Church and State said the 14-year-old Louisiana case "is likely to be the most important church-state lawsuit to come before the Supreme Court in over two decades." He said it "forces the court to face squarely the question of direct taxpayer aid for religious schools."

Lawyers for parents of children in religiously affiliated schools in Louisiana said the case "involves the vital interests of American schoolchildren in obtaining access to modern technological equipment and materials.'

"Millions of students nationwide, including over a million attending religiously affiliated schools, receive benefits under the program," those lawyers told the court in the appeal granted review yesterday.

Overall, the federal government provides about 7 percent of the money states spend on education. That percentage is significantly higher in poorer states.

The federal program at issue is authorized by the Elementary and Secondary Education Act of 1965, which gives public schools money for special services and instructional equipment. Public school districts are required to share the equipment in a "secular, neutral and nonideological" way with students enrolled in private schools within their boundaries.

More than 70 percent of the students who benefit attend public schools, but many of the rest attend religiously affiliated schools.

The court also took these actions yesterday:

- Agreed to decide whether people suspected of sexually assaulting children can be prosecuted under a Texas law enacted after they allegedly committed the crimes. A man convicted of assaulting his stepdaughter argues that applying the new law retroactively to his case violates the Constitution.

- Allowed the Equal Employment Opportunity Commission to order other federal agencies to pay damages to employees they discriminate against. The 5-4 ruling said the EEOC can require agencies to pay compensatory damages, intended to reimburse for harm such as emotional distress.

- Turned down an appeal by Operation Rescue founder Randall Terry and other foes of abortion, who challenged nearly $600,000 in fines and lawyer fees they were ordered to pay following a campaign to block New York City-area abortion clinics a decade ago.

LOAD-DATE: June 15, 1999




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