The constitutional mandate can in part be carried out by censoring the curricula. 571, 69 L.Ed.

89, 310 F.Supp. Thus, Arkansas, as part of its attempt to avoid the consequences of Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. Approximately two-thirds of the teachers in these schools are nuns of various religious orders. No. William P. ROBINSON, Jr., Commissioner of Education of the State of Rhode Island, et al., Appellants, v. John DiCENSO et al. 89, see ante, p. 625, while intimating no view as to the continuing vitality of Everson v. Board of Education, 330 U.S. 1, 67 S.Ct. v. COMMITTEE FOR PUBLIC EDUCATION & RELIGIOUS LIBERTY et al., 413 U.S. 472 (1973), HUNT v. MCNAIR, GOVERNOR OF SOUTH CAROLINA, et al., 413 U.S. 734 (1973), SLOAN, TREASURER OF PENNSYLVANIA, et al.

6, § 6 (c); Ky. . In other words, `[i]n the case of direct subsidy, the state forcibly diverts the income of both believers and nonbelievers to churches,’ while `[i]n the case of an exemption, the state merely refrains from diverting to its own uses income independently generated by the churches through voluntary contributions.’ Thus, `the symbolism of tax exemption is significant as a manifestation that organized religion is not expected to support the state; by the same token the state is not expected to support the church.’ ” 397 U. S., at 690-691 (footnotes and citations omitted) (concurring opinion). No.

', Moreover the DiCenso cases reveal another, but related, knotty problem presented when church and state launch one of these educational programs. As in Allen, we find nothing here that undermines the stated legislative intent; it must therefore be accorded appropriate deference.

In fact, after 1840, no efforts of sectarian schools to obtain a share of public school funds succeeded.

Having recognized the value of educated citizens and assumed the task of educating them, the States now before us assert a right to provide for the secular education of children whether they attend public schools or choose to enter private institutions, even when those institutions are church-related.

Walz, supra, at 674. The statute authorizes appellee state Superintendent of Public Instruction to “purchase” specified “secular educational services” from nonpublic schools. As Judge Coffin said, 316 F. Supp.

The language of the … Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. Const., Art.

Reimbursement is restricted to courses in specific secular subjects, the textbooks and materials must be approved by the Superintendent, and no payment is to be made for any course containing 'any subject matter expressing religious teaching, or the morals or forms of worship of any sect.'

The Rhode Island Roman Catholic elementary schools are under the general supervision of the Bishop of Providence and his appointed representative, the Diocesan Superintendent of Schools. Our decision makes it unnecessary for us to reach this issue. To qualify, a school must demonstrate that its pupils achieve a satisfactory level of performance in standardized tests approved by the Superintendent of Public Instruction, and that the textbooks and other instructional materials used in these courses have been approved by the Superintendent of Public Instruction. The court found it unlikely that such determinations would be necessary with respect to Catholic schools because their heavy reliance on nuns kept their wage costs substantially below those of the public schools. Our prior holdings do not call for total separation between church and state; total separation is not possible in an absolute sense. The State cannot finance secular instruction if it permits religion to be taught in the same classroom; but if it exacts a promise that religion not be so taught—a promise the school and its teachers are quite willing and on this record able to give—and enforces it, it is then entangled in the 'no entanglement' aspect of the Court's Establishment Clause jurisprudence.

Pennsylvania has adopted a statutory program that provides financial support to nonpublic elementary and [p607] secondary schools by way of reimbursement for the cost of teachers' salaries, textbooks, and instructional materials in specified secular subjects.

569, Earley et al. But if a faculty member in a parochial school is disciplined or dismissed he has no recourse whatsoever. . It rests on the legislative finding that the quality of education available in nonpublic elementary schools has been jeopardized by the rapidly rising salaries needed to attract competent and dedicated teachers.

* * * The public schools are supported entirely, in most communities, by public funds—funds exacted not only from parents, nor alone from those who hold particular religious views, nor indeed from those who subscribe to any creed at all.

In Walz v. Tax Commission, 397 U.S. 664, 674, 90 S.Ct.

I accept the Court's invalidation of the provision in the federal legislation whereby the restriction on the use of buildings constructed with federal funds terminates after 20 years.

569 and 570.

1971). 89. Appellants are state officials charged with administration of the Act, teachers eligible for salary supplements under the Act, and parents of children in church-related elementary schools whose teachers would receive state salary assistance. In my view the taxpayers' forced contribution to the parochial schools in the present cases violates the First Amendment. § 711 et seq. At the same time strong opposition developed to use of the States’ taxing powers to support private sectarian schools. If our pupils are to hear the Good News so that their minds are enlightened and their hearts respond to the love of God and His Christ, if they are to be formed into vital, twentieth-century Christians, they should receive their religious instructions only from the very best teachers. 3, § 15; R.I.Const., Art. Since the District Court made no findings whether the four institutional appellees here are sectarian, I would remand the case to the District Court with directions to determine whether the institutional appellees are 'sectarian' institutions.

[13] In 1960 the Federal Government provided $500 million to private colleges and universities. au thorities to attempt to maintain a one-to-one ratio between nuns and lay teachers in all schools rather than to permit some to be staffed almost entirely by lay teachers.

The judgment of the Pennsylvania District Court in No. Court said government support of religious schools violated First Amendment in Lemon Walz v. Tax Commission, supra, at 681 (concurring opinion). But the hydraulic pressures created by political forces and by economic stress were great and they began to *630 change the situation. And see R. Finney, A Brief History of the American Public School 44—45 (1924). The judgment of the Pennsylvania District Court in No. Ibid. At the risk of repetition, I emphasize that a sectarian university is the equivalent in the realm of higher education of the Catholic elementary schools in Rhode Island; it is an educational institution in which the propagation *660 and advancement of a particular religion are a primary function of the institution. 1971).

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