Abstract

New York State provides institutional aid to nonpublic institutions of higher learning within the context of its constitutional prohibitions against aid to denominational institutions. To qualify for state aid, New York's private colleges and universities must prove they are constitutionally eligible, a process which has prompted extensive self-evaiuation and frequently some changes by many of those institutions with traditional religious affiliation. State aid administrators have chosen to restrict their constitutional approach to state standards and ignore the United States Supreme Court's tripartite standards articulated inLemonv.Kurtzman, as modified by theTilton-Hunt-Roemerdecisions. The state law has been cautiously and diplomatically administered, but the possibility of future state “entanglement” with church-related institutions remains.

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