Section 9.14 Teachers

• Library: School Law (2003 Ed. + 2016 Supp)

C. (§9.14) Teachers

The Supreme Court of Missouri held in Mallory v. Barrera, 544 S.W.2d 556 (Mo. banc 1976), that:

[T]he use of any part of Title I funds by the state to provide teaching services to elementary and secondary school children on the premises of parochial schools would constitute the use of public funds (a) in aid of a denomination of religion proscribed by Art. I, § 7; and (b) to help to support or sustain a school controlled by a sectarian denomination proscribed by Mo.Const. Art. IX, § 8.

Id. at 561.

On the federal level, see the discussion of Mitchell v. Helms, 530 U.S. 793 (2000), in §9.11 above. It should be noted that the Supreme Court’s decision in Agostini v. Felton, 521 U.S. 203 (1997), declared that Aguilar v. Felton, 473 U.S. 402 (1985), is no longer good law. As discussed in §9.11 above, the Court in Agostini held that a...