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Pearl Tells Court That Mandated Services Act is Unconstitutional

April 12, 1972
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The Committee for Public Education and Religious Liberty (PEARL) argued in federal court here today that the 1970 New York State Mandated Services Act–allocating $28 million per year to nonpublic schools for examination and record-keeping purposes–was “unconstitutional on its face and in its application” because it gave state funds to religious schools in violation of the First Amendment. The Mandated Services Act appropriates $28 million annually for nonpublic schools to be distributed on a per-pupil formula of $27 for each child in grades 1 through 6 and $45 for each student in grades 7 through 12.

Arguing before a three-judge panel, PEARL’s attorney Leo Pfeffer said the state grants were impermissible under the decisions of the US Supreme Court last June barring public funds for church-operated schools. PEARL–a coalition of 33 civic, religious, education, labor and civil rights organizations in New York–successfully sued to bar $33 million in state funds for teacher salary payments under the 1971 Secular Educational Services Act. A three-judge federal panel struck down that law in January, declaring it to be “substantially similar” to those ruled unconstitutional last June by the Supreme Court.

The Valley Jewish Community Center and Temple of North Hollywood, Calif, will hold its 2nd Annual “Israel Expo” on April 16.

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