*1 872 hоwever, Court, 1972, cognizant plant July 24, that who of does not believe viewing incurred, damages production essential or ad- such a would be and the California; vantageous disposition residing Angeles, for a in Los sound
now damaged equipment Cresta, (2) Joseph has mainte- case. I. head of the pic- repaired already plant, and therefore is knowl- been division who nance representations equipment edgeable duties, now about defendant’s torial Princeton, Jersey; (3) immediately after incident would in New located Moreover, Lamb, inspector probative if have more needed, value. W. chief Charles representation plant, defendant’s a film fac- who aware of repairs, tory disrup- operation obligations less and the would be costs Houston, Texas; (4) adequately ful- Faul- tive of a trial and John would now accounting manager plant, haber, the circum- for the fill that function under presented damages, now record. stances is familiar with the who (5) (6) Washington; Richland, reasons, For all of above Joos, and Robert J. Arnold Glassman that motion for Court finds defendant’s knowledgeable dam- about who are change of venue Denied. should be accounting standpoint, ages now from an (7) Philadelphia, Pennsylvania; Cal Davis, operator in the involved crane 0. currently employee incident, not an party action, in Morn- in this now
either Iowa; Sun, (8) (9)
ing Vern Six experts Peters, as- who
and Les crane respec- investigation, now in the sisted Ames,
tively Moines, in Des Iowa Iowa; (10) Beach, defendant’s Chet SEPARA AMERICANS UNITED FOR supervisor incident. time of the OF AND STATE TION CHURCH proof is a access to Ease of sources Plaintiffs, al., et by the must be considered factor which v. making Po its Court determination. Henry BUBB, Chairman, A. State Educa F.Supp. Corp., v. 340 lin 602, Conductron Dеfendants, Commission, al., tion et (E.D.Pa.1972). in In the 606 Audley, Patrick J. Intervenor. plaintiff’s relat records case all of stant Civ. A. No. W-5351. damages ing involved and the incident Court, located in the Eastern District United here are States District D. Pennsylvania. Kansas. 27, Feb. recognizes Iowa that Court While applied, factor does be law will weight Little should alter the result. foreign law to the fact attached disposition case.
controls Pipe Line v. United Gas
Monsanto Co. (D.D.C. 1054, Co., F.Supp. 1056 360 Engineering, 1973); & Ocean Science Corp., Inc. v. International Geomarine F.Supp. (D.Del.1970), Inc., supra, Sons, v. Levitt & Breindel F.Supp. at 44.
Finally, trans- defendant stresses granted jury,
fer should be so that the necessary, premises of
if could view the factory equipment. and the *3 eligible private
that all Plaintiffs, pursuant related. to 28 U.S.C. 2201 and Rules 57 § F.R.Civ.P., declaration that seek a violates the establishment Statute exercise the First free clauses Amendment to the States Consti- United violates tution Statute protection equal Four- clause Amendment. teenth citizens, Plaintiffs residents taxpayers of the State Kansas. controller, defendants include the state head of office the administrative *4 Commission, and the State Education State Education the members of the defendant-intervenor, Commission. a rently receiving cur- student Southwestern grant, a state tuition permitted pursuant to was to intervene 24(b)(2), Rule F.R.Civ.P. Jurisdiction 1343(3), and is based 28 U.S.C. § enjoin complaint since the seeks to repugnant law as to the state tion, Constitu- three-judge court has been pursuant convened to 28 U.S.C. §§ allege they Plaintiffs first been laws; equal protection denied choosing is, an that those students independent college edu- for their Wichita, Kan., Lawing, Jim Walter C. eligible are tuition cation to receive Wright, Md., Springs, Silver for Ameri- grants the Statute. The Statute under only. cans United etc. impermissible therefore class constitutes Miller, Atty. Gen., John- Vern John C. legislation violates the Fourteenth which son, Gen., Atty. Topeka, Kаn., Asst. protection equal Amendment’s clause. defendants. argument vi- Their second is the Statute H. R. Gerrit Wormhoudt and Donald free exer- olates establishment and Newkirk, Kan., Wichita, for intervenor. Amendment. cise clauses of the First be- The establishment clause violated BROWN, Judge, HILL, Before Circuit grants cause the tuition subsidize THEIS, Judge, and Dis- Chief District advance mission of Judge. trict stitutions. The free exercise clause requires violated the State because HILL, Judge. Circuit financially taxpayers plaintiffs to aid denying religious institutions, thereby OPINION right freely their them exercise Kansas’ Private Tuition Grants for individual beliefs. Institutions, seq. 72-6107 K.S.A. et (Statute), grants any provides deny there has been Defendants private qualified They protection equal students enrolled’ assert violation. (Col- attempt and universities there is to divide leges). college population arises the fact This case from into two classes grant fifty then to one year benefits class hundred and dollars each They resources, other. also are withheld from the suggest from his own work and and if standing plaintiffs reasonably possible parents have no his must argue equal protection clause also contribute to his education. any personal in the lack stake since grants paid begin- Tuition are at the outcome; plaintiff organiza- neither ning of each semester or other term any plaintiffs tion nor of the individual upon certification the accredited in- students. Defendants also dependent institution that student violations, deny Amendment the First qualified enrolled and is a student. arguing connection between the Payment upon approved is made an Colleges churches and is formalistic. voucher and the warrant student; to the is issued Colleges essentially They assert the however, warrant, is deliv- quite secular with currículums similar independent ered the accredited insti- those found state institutions. Their tution in which the student is enrolled. position Colleges minimal is the receive apply appli- To for a tuition churches, aid financial from the do application cant must file for a tui- proselytize indoctrinate; nor and allow grant; responsible tion for the sub- religions races, students of all parents’ mission of his confidential creeds to enroll. con- Thus statement to the commission and to the nection with the is minimal. higher learning institution of at which The case is now before us for final enrolling; report promptly he is to the *5 decision on the merits of the constitu- any requested commission information hearing tional claims. We have held a relating act; to administration of depositions at which we received time annually application and file a new and together documentary evidence, and with parents’ for de- confidential statement stipulations certain parties. entered into termining eligibility his for a tuition record, the basis of this we On grant. following findings make the of fact and To receive tuition student following in reach the conclusions of law must a resident of Kansas who is en- be compliance 52(a), Rule F.R.Civ.P. independent rolled at an accredited insti- covering study tution in a course of I. OF FACT FINDINGS least twelve hours each semester. college attends must be an accredited he Statutory A. The Scheme. higher independent learn- institution of grants authorizes tuition Statute ing (1) oper- located in Kansas which qualified any an student enrolled at independently and not controlled or ated independent A accredited institution.1 agency by any state аdministered may not the tuition student receive (2) state, en- allows subdivision grants eight for more semesters than who merits its rollment student undergraduate study equivalent or the enroll- and other reasonable academic grants are to a student thereof. Such regard requirements ment without any year in to the lesser of limited sex, religion, race, ori- creed or national required of that total tuition and fees gin, (3) the North is accredited semesters, one thou- for two student and Sec- Association Central eligible To the student sand dollars. ondary Schools. need; financial must demonstrate by the is administered The Statute is, difference between he must show a The Com- Education Commission. State and his financial resources his available regulations for adopts rules and mission attending anticipated expenses ac- an need; determining determines financial independent Each institution. credited approves student; an in-state who four least student must contribute question. gee pertinent of Statute Appendix sections “A” independent colleges op- grants; most awards tuition determines is that learning erating red, in the with deficits exceed- institutions of ing independent qualify insti- million. The situation financial accredited $1 grant pro- ; so has become tenuous that one tutions evaluates the tuition depend- gram period president an an- lamented: are so for each and makes “We legisla- upon percent governor report tuition for of our ent nual expenses authority operating that if 40 fewer stu- ture. The Commission’s independent September requiring come in than ex- dents we cludes accredited budgeting pect, promptly have a deficit furnish infor- we institutions co.uld $50,000 requests or more.” mation which the Commission relating or effect administration legisla- Understandably, Kansas the Statute. fi- ture was and is concerned about the facing independent col- nancial crisis Leading B. Nature of Crises leges. private As tuition col- costs at Statute. leges mushroom the of students number Independent colleges Kansas, like enrolling supported in tax institutions colleges throughout independent na- multiply. sup- The result tax facing tion, In- crisis. financial ported cam- institutions are forced to flation, unprecedented growth faculty paign for more state and more fa- funds operation costs, salaries and and required rising cilities and staff to handle the “knowledge explosion” Economically speak- of students. tide sophisticated expensive equip- more money by ing, the state will subsi- save fact, ment libraries. the cost of colleges. dizing Presently private educating a student has increased pays $1,150 year per per over stu- average percent annually. The of 7.5 supported at a dent enrolled tax institu- drastically that costs have increased so grant pro- tion. Even with average year period five the last gram, about half of the Kansas res- among private tuition increase private colleges enrolled in are el- idents percent. was 67 Because tui- igible grant. for a tuition Thus with independent colleges tions at take care receiving *6 3,500 the tuition students percent of 65 to 90 of the institutional being average grant grants, with the costs, pay it is the student who must $800, the cost is still the state Although spiral. the cost institu- state $1,225,000 year less if same than those rising costs, are also tions faced with attended state institutions. students kept the tuitions have at a relative- been has also cost of edu- The state saved the treasury ly by asking low level the state cating at- the other half of the students up larger pick student bill for each tending independent colleges plus ex- year. Approximately per- 70 to each adding pense to handle facilities for each cent of the instructional costs have en- influx of students who would university student, $1,150 or about grants if the rolled at a state institution by per paid per year, are now student not available. were taxpayer. colleges private in Kansas, As the costs at in a letter The Governor increased, grant pro- opponent Kansas enrollment the tuition explained purposes gram, has declined. In the Kansas inde- served colleges educating pendent (1) program: 17.5 were Kansas to assist such percent independent of the stu- col- total Kansas to attend the population; they choice; lege (2) dent enrolled of their and to indi- percent. private rectly give about 12 left the This financial aid to the state’s colleges faculties, colleges way dependent and labo- libraries and in assist 5,700 remaining meeting open ratories for students than more them and enrolled, rising maintaining and loss from an income costs of institutions learning. tuition alone of The result million. $4.5 challenge ownership Plaintiffs do not the state’s for denominational of the College’s enacting but reasons for statute assets. argue deprive effect is to the Statute’s establishing reasons for Col- them of their First Fourteenth leges charters; are often stated in the protections. must Amendment Thus we many primary of the times one reasons operation independ- scrutinize the of the promote is to in a broad sense Chris- collegеs separately ent to determine example, tian For education.
whether state aid under this statute Wesleyan amended charter of Kansas plaintiffs’ does in fact constitu- violate states: guarantees. tional organized origi- corporation This nally was exist, and shall continue to Purpose Operation Inde- C. profit purposes but of en- pendent Colleges. couraging promoting the cause of independent col- There are -nineteen^ generally Christian education and to leges grants may at which the be science, art, extend the influence of They used. are all liberal arts and Christian . culture. degree and to a to the church. related University: Amended charter Friends They college; Baptist one include a Catholic; Lutheran; Brethren; purposes six two . for which it is Mennonite; Methodist; (a) three two formed three maintain an insti- are: Quaker.2 give Presbyterian; tution and one All which shall instruction incorporated departments arts, the ences, under the state laws various sci- literature, apparent most it that in the Bible and learning some control such other field of instances denominational or of over the poration’s the cor- human is assured endeavor as the Board of (b) requires designate; pro- ma- charter Trustees shall jority giv- corporate vide that members to this instruction shall be affiliating members of the church. en such men and women and under many provides such instances the charter also conditions that the life Christian Religious College Affiliation Location University Baker City Methodist Baldwin College Benedictine Catholic Atchison
Bethany College Lindsborg Lutheran College Bethel Mennonite North Newton Emporia Emporia Presbyterian *7 Donnelly College City Kansas Catholic University Friends Quaker Wichita College Hesston Mennonite Hesston College Kansas Newman Catholic Wichita Wesleyan Kansas Methodist Salina Marymount College Catholic Salina College McPherson Brethren McPherson University Baptist Ottawa Ottawa College St. John’s Lutheran Winfield Mary College St. Leavenworth Catholic Mary St. of the Plains College Dodge City Catholic College Southwestern Methodist Winfield Sterling Sterling College Presbyterian College Tabor Mennonite Hillsboro encouraged personal and translate faith Christ as of the student shall be developed. discipleship Savior into under Christ . our Lord. College: Donnelly by-laws of Amended college help endeavors to the stu- College Donnelly to the is dedicated aspects pro- dent to view all his for his tem- of man education liberal gram perspective from the of Chris- through well-being poral and eternal tian faith and concern. We believe intellectual, reli- the cultivation gious through possible persons this is trans- consistent with moral values by experience formed an of God Faith and Judaeo- the Catholic living seek to realize Christ which we culture. Christian college community. adapt- in the Colleges’ for existence reason ing program its individual stu- catalogs; few ex- in their found also amples dent, college help him strives to below: which are stated genuine develop . Chris- philosophy tian of life. eth- of diversified attract students To backgrounds social, nic, campus place To make the where the character, ability, possess the who college community can members poten- develop terest, their and will to recognize acknowledge pres- dedicated in an institution tials many reality ence and God higher education. Christian day to encour- dimensions of their age person’s response reali- to this free provide environment To ty. intensi- inquiry will honest fy of confrontation sense student’s Although church-re- truth, discovered as it is both given lated, support them financial probings revealed and as it is man’s small; affiliating church is their Holy Bible. percent usually five no more than budget.3 college The Catholic total essentials the student teach To monetary provides practically no heritage, helping him to the Christian institu- support related to its church self-discipline develop needed budget Percentage total supported funds denominational 1972-73 1971-72 College 1970-71 4.5 4.3 University 5.7 Baker 0.0 0.0 0.0 College Benedictine 5.5 5.5 5.8 Bethany College 14.7 College 10.9 11.2 Bethel 3.7 3.4 3.6 College Emporia 0.0 0.0 College Donnelly 0.0 1.2 1.5 University 1.6 Friends 4.3 3.6 4.0 College Hesston 0.0 0.0 College 0.0 Newman 5.3 4.9 Wesleyan 3.7 Kansas Marymount years for all Less than College 1% 3.4 3.5 2.4 McPherson *8 7.0 6.8 University 6.9 Ottawa 44.7 44.7 College 50.9 John’s St. 0.0 College 0.0 Mary 0.0 St. Mary Plains of the St. 0.0 0.0 College 0.0 4.3 4.4 College 5.0 Southwestern 1.7 2.5 Sterling College 3.2 4.6 4.2 College 5.6 Tabor tions, religious provide Although Colleges religious the do but orders the have a connection, a substantial number of teachers at the in- the facts do not show the Colleges Catholic which effect is indi- stitutions instruments of the support. purposes rect financial this finan- church for of With indoctrination support goes proselytizing. contrary, influ- cial denominational On the the evi- ence, usually through Colleges denominational dence shows all of the to be Although highly higher respected boards of education. academic institutions of ordinarily higher learning provide these denominational boards an educa- policies par dirеctly in- do for tion to on a with establish students which is they institutions, supported often are All in- dividual institution. give upon called counsel on to the 1940 advice and stitutions subscribe State- policy Principles these boards ment of on Academic Free- matters.4 Because agencies by dom the Ameri- are the official of the various and Tenure endorsed University they power churches, Professors wield can Association of sometimes support disproportionate and leges. the of American Col- to the financial Association Colleges given Colleges respective All are also the their of the ac- no credited Central Associa- churches.5 There has been evidence North Colleges showing Secondary presented, however, these tion of Schools. by this association a to have dic- To be accredited boards of education requires pro- any policies dis- show that it a tated which in effect must gram general against of education to enable the criminate non Christians acquainted Colleges propa- student to major with the cause to serve as become knowledge biologi- gandists respective areas of for their faiths. —the sciences, humanities, physical cal higher education are Church of boards sciences, and the social sciences. Colleges not the contacts given faculty op- members must be respective Because with their churches. portunity present the truth as majority require of the a charters see it so that the students are free to corporate be members of members to investigate learn and without restric- church, corporate mem- related no doubt tion. usually trust- bers elect as directors and faculty members, men who relation to ees of the and women College religious requires sponsoring affiliation as of the also members obtaining teaching prerequisite spheres in- for church. a position Other College.6 In most with fluence the church conferences faculty groups majority mem- stances a conventions and the local church affiliation within area. bers have same developed Responsible for and Publication. It has 4. Churcli-Related Boards ucation Baptist-Re- Relationship Higher Education, Dept, Health, U. S. “Statement (Bulletin 13,1964). Colleges” must Education & lated institution Welfare No. adopt qualification affiliating with as a University example, 5. Id. For Senate of sup- being eligible services and for the may investigate the Methodist Church port the Board and the denomination. operation aspects and all of a related requires, among other This “Statement” objec- institution, including the institution’s things, Board Trustees tives, program, academic stand- educational college cooperate the Board of Educa- ards, public personnel, relations, student Baptist tion of the American Convention personnel services, life, church re- Higher developing philosophy of Christian lations, and so forth. Failure of the institu- providing program reli- Education gious comply tion to with the recommendations campus. training life and may the Senate render the institutions ineli- gible support by faculty Higher College’s requires Sterling the Division of charter Education, Education, Christians, the Board of but in fact this is or An- members to be jurisdictions. nual Conference Another ex- not enforced. ample Baptist is the American Ed- Board of
881 teach, congregаtions College but cants from where of the Luther- as the Synod, fact is a been no evidence this an Church-Missouri all there has regard allow students to result of ecclesiastical direction.7 enroll without race, sex, religion, creed or national requires all accredited The Statute origin. regard affilia- stu- enrollment to allow tion, apparent it is that often stu- other its academic dent who meets dent is affiliated with the same requirements enrollment reasonable attending, as the he religion, school but there regard race, sex, without has been no the re- origin. evidence that this is the ex- With or national creed On the College, sult discrimination.8 ception John’s of St. contrary, unequiv- appli- the evidence indicates gives preference on enrollments Religious Faculty (Number) Affiliations 7. Agnostic Bapt College Breth Luth Menu Other Quaker Oath Presb Metli No exist records Baker 3 61 10 Benedictine 4 1 5 Bethany 2 7 22 43 1 1 1 3 Bethel Emporia 4 13 12 10 Col. 1 Donnelly 32 2 exist No records Friends 1 43 2 2 Hesston 4 29 2 1 2 Ks. Newman 4* 2 Wesleyan 5 3 3 10 3 12 2 Ks. Marymount 3 38 1 5 10* 1 17 5 5 1 1 2 McPherson 11 4 6 27 2 Ottawa 2 30 John’s 2 St. Mary No records exist St. Mary 5 31 PI. 1 3 St. 1 5* 1 4 5 19 Southwestern Sterling 1 3 3 25 7 Tabor * Jews, Moslems, persons etc. Includes of other faiths — (%), Fall 1972-73 Student affiliation Agnostic Bapt Luth Menn Breth Quaker Meth Presb Cath Other 12.3 6.0 3.0 25.0 42.7 11.0 Baker 80.2 0.5 17.0 Benedictine 1.3 0.6 1.2 Bethany 47.8 0.7 13.8 7.0 5.0 0.7 20.6 4.3 0.1 0.4 4.0 0.4 58.5 28.0 5.4 0.7 2.6 Bethel Emporia 28.0 5.8 0.6 1.7 45.0 Col. 9.5 9.4 Donnelly Unidentified 3.0 3.0 7.0 16.0 8.0 41.0 Friends 16.0 1.0 5.0 88.5 0.2 3.3 0.7 0.4 0.7 4.2 0.9 Hesston 3.0 5.0 24.0 66.0 1.0 Ks. Newman 1.0 Wesleyan 7.2 33.0 6.0 9.2 44.4 0.2 Ks. Marymount 5.7 5.0 0.2 0.3 18.8 11.0 0.2 55.4 3.4 5.0 33.0 20.0 15.0 4.6 7.1 3.1 McPherson 12.2 6.4 Ottawa 6.3 8.4 50.8 0.3 18.9 6.7 2.2 9.0 2.0 St. John’s 1.0 2.0 85.0 1.0 Mary St. 2.0 3.0 0.5 15.5 0.7 74.0 4.0 0.3 Mary 1.0 15.0 PI. 6.5 73.0 3.0 1.5 St. 51.0 7.9 9.4 8.4 1.0 1.0 10.1 Southwestern Sterling 10.2 18.0 44.0 3.5 2.5 2.5 21.0 11.5 17.1 4.7 1.3 1.7 1.7 61.2 Tabor 11.7 0.6 *10 Colleges’ open taught ocally they ap- doors are that the are all from an academic proach encourages investiga- open to all. dogmatic tion rather than sectarian requirements for ob- The academic doctrination. All of evidence degree Colleges taining lit- are presented by taking religion institu- that of state tle different from courses indicates the are neu- instructors learning. Colleges tions of approach views, in tral their and that all “liberal arts institu- are all classified agnostic they religious, whether their curriculum tions” and divide atheistic solicited. There has been general departments: into five humani- suggesting no evidence view that one’s ties; sciences; sciences social natural religion grade in affects his or status mathematics; arts; and educa- and fine eyes faculty or administra- tion and To obtain behavioral sciences. tion. degree required usually the student to take a of courses from each number religion Instructors in at the various regardless departments of his of these Colleges support concept of neutrali- major. harmony In a liberal arts ty. Fletcher, Reverend Emeric who has of the Col- education about two-thirds taught religious Mary’s studies at St. leges require to take at their students California; College, University, religion part of their least one course as Lawrence; College, and Benedictine At- Generally requirement.9 humanities chison, states there in difference course; of- student is free to select the approach teaching public his in the may tentimes he a course which choose private sector. The standards of history. treats the literature or Bible as professional preparation compe- Colleges religion require- some In tence, goals scholarship and the of sound taking may ment fulfilled studies objectivity are obtained in both sec- Religion philosophy in cours- ethics. Toews, tors. Professor John E. who has taught Colleges, interestingly es at the taught University, at Northwestern Ev- enough, are little different from those anston, Illinois; Waterloo, University of at state institutions.10 fact offered Waterloo, Ontario; College, and Tabor Colleges accept all will for academic Hillsboro, many of states that he uses comparable in credit courses the same books and literature at Tabor supported from state institutions studies University he did at Northwestern higher learning in Kansas. University and the says He Waterloo. private Whatever studies are chosen that in neither the nor the Colleges, public at the the evidence shows that compelled sector has he felt to ad- Prophets Century; 9. The minimum number of courses 20th of the Old Testa- required ; Religious Thought; in several is three. to take ment Current Judaic Philosophy. courses offered at Some Uni University: Indiana The Christian Church Teachings versity Life and Kansas: Times; Development in New Testament Contemporary Jesus; Ethics in Christian Traditions; Paul and Ilis Jesus Influ- Society; Concepts Basic of Christian Early Christianity; ence Contemporary Religious Christian Thought; American Thought: from the Reformation to the Thought; Theology; New Testament Con Present; Religion ; Religion in America temporary Theology ; Roman Catholic Stud Social Issues. Theology. ies University: University Wichita State Life and Teach- of Iowa: The Nature and Rele- ings ; Studies; Thought; of Jesus Old New Testament vance of Biblical Modern Inter- Studies; preters Jesus; Religion Testament The Problem of Salva- Quest ; Religion America; Values; Synoptic Gospels tion ; Paul; Reli- Current gious Issues; Judaism; Religion Epistles; ; and the New Testament Faith Protestant Theology ; Theological Future. ; of Luther Questions University Thought; of Arizona: Christian Litera- Catholic Social Christian Mar- Thought; Thought riage ; Faith; ture and Catholic The Catholic Problems Century; Thought Theology. 20th Protestant in the Catholic approach objectivity myth teaching religious or to the here to the cours- *11 neutrality ideas. does es not differ pretend on issues and from methods much English, political he has as used teach Professor Toews asserts science private did or he other sector as freedom in the humanities course. Friesen, public. K. Duane in the emphasis religious studies does religion Bethel at Bible and structor of appear to be excessive at these Col professor reli- College, and assistant leges. religion The number of courses University, gion states at State Wichita taught high inordinately is not to the to methodology his that the content and tal number of courses offered. On the university in the state courses average percent about 3.5 of the courses nearly identi- related church religion.11 offered are related to Nor suggestion that cal. He refutes appear Colleges graduate does it an teach an must instructor unusually high number of students ma religion dogma. joring During studies. apparent the evidence It from year school 1971-72 less than of the 2% presented courses graduating majored students taught College from curriculum are religion.12 point objective of view. Of- and neutral appears There little church in- philoso- in with are tied ten courses fluence over the curriculum most sociology psychology, disci- phy, other Colleges. fact, policy is In academic taught phe- plines as one faculty dean of the col- left to the than rather of human existence nomena lege any quasi-religious than rather accept. Thus as a creed Marymount ; ; College, religion: McPherson Percentages related of courses 3.2% 11. 1% University, 3.2%; College, 1.7%; University, Ottawа 2.7%; Benedictine Col- Baker Mary College, ; College, College, 1.6%; Bethany St. lege, 3.6%; John’s Bethel St. 9.6% ; Plains, ; Mary 2.3%; Emporia, South- 2.9%; College St. College, 2.2% 3.8% ; Sterling College, College, University, 4.- College, ; Donnelly western Friends 2.0% 5.7% ; College, College, 3.7%; Tabor 3.4%; New- Kansas 4.5%. Hesston 2% Wesleyan, ; College, 2.- Kansas man 2.7% (Number) Conferred, Degrees 1971-72 Major Keligious College Total 1 University 162 Baker College 10 484 Benedictine 0 Bethany College 100 0.5 College 89 Bethel 0 College Emporia 142 College Not available Donnelly 11 University 150 Friends * Not Available College 137 Hesston 0 College 108 Kansas Newman 2.5 Wesleyan 130 0 College 109 Marymount 0 College 141 McPherson 4 University 183 Ottawa 2 College 50* St. John’s 2 College 104 Mary St. 0 129 Mary the Plains St. 3 College Southwestern Sterling College 5.5 1.5 College Tabor * Degrees Associate clubs; youth fellowship youth body.13 we con- instance did find one however, activities, policy has ferences. These academic represent only portion ac- a small overtones.14 campus. Like tivities on findings part cen- The final of these learning, other institutions religion plays on role ters around the many academic also have including campus, ex- the character and college clubs, honorary societies, Unques- tent of activities. groups, organizations, music de- drama tionably opportunity for students teams, *12 bate and so forth. religious partake exists activities Colleges. presented them have at least
the All of Plaintiffs have evidence religious religious following any activi- enu- some of the that of the activities religious services; empha- mandatory chapel merated on the ties: above are week; (YMCA-YWCA); Campus-Y chapel or sis students. In relation to wor- n Athletes; chap- ship services, Fellowship of has no evidence Christian there been retreats; college.15 choir; compulsory chapel any el 13.
College
Responsible
Determining
Policy-
Academic
President,
faculty
Baker
dean and
Faculty
Benedictine
Bethany
Faculty
approval
of Board of Directors
Faculty
Bethel
college
Emporia
Dean of the
Col.
Faculty
Donnelly
policy
and administration under broad
of board
of trustees
Faculty
Friends
Dean
his
Hesston
and
administrative academic counsel
Faculty
Ks. Newman
Wesleyan
authority
Ks.
final
Board
trustees has
Marymount
Faculty
policy
faculty, subject
Education
committee of
to ratifi-
McPherson
by faculty,
cation
and board
trustees
faculty
and
President
Ottawa
Faculty develops
adopts,
approves;
board of control
John’s
St.
periodically
denominational board
reviews
Faculty
Mary
St.
Faculty
Mary
St.
PI.
faculty
Dean’s
council of
Southwestern
academic
Sterling
faculty
affairs
Academic
committee of board and
Faculty
Tabor
College requires
stipulations
suggest
Although
14. Bethel
all seniors to take
none of
the
graduating.
policy relating
an
oral
examination
before
the
has an absolute
year
chosen,
chapel,
compulsory
Each
col-
two books are
one of cur-
we find that
three
policy
leges
rent or
services
historical
interest
and the other
have a
toward
religion.
campus
from the Bible. The
includes
which in effect fosters
examination
on
topics
Sterling College requires
Mon-
related to Christian faith and the stu-
attendance at
philosophy
day
Wednesday chapel services unless
dent’s
of life. The examination’s
missing
purpose, among
provide
things,
the
has a valid reason for
оther
is to
student
specific
may
dismis-
students with a
talk se-
them.
absences
lead to
occasion to
Chronic
riously
College requires
spiritual
the
devel-
sal. Tabor
student
about intellectual and
per
opment
Following
faculty
philosophy
three times
week
of life.
to assemble
spiritual
examination,
to,
alia,
life
the
prepares
order
inter
enhance the
the examination committee
community.
per-
report;
college
Hesston
if
evaluation
require chapel
apparently
inadequate
attend-
formance is
student
does not
deemed
chapel
may
ance,
repeat
but extended absences
from
be asked to
examination.
may
part
dismissal.
become
basis in
sug-
question
Nor has
been
evidence
has been
will
there
raised
we
proceed
gesting
argue
activi-
it.
that
answer
Plaintiffs
implicitly
explicitly
or
the Statute creates
dis-
ties
either
class
invidious
mandatory.
fact,
solely upon
crimination
evidence
based
the choice
subject suggests
university
all
that
or
selected
we
voluntary. A stu-
student
further
these activities
his education.
not,
settled,
may
depending
however,
participate or
law is well
dent
equal protection
upon
personal
his
wishes.
clause of
Four-
deny
teenth Amendment
a state
does
Nothing
a stu-
us to
leads
believe
power
to treat different classes
ostracized,
ridi-
dent is
condemned or
persons differently;
what the clause
personal
No evi-
culed for his
beliefs.
treating
prohibit
legislation
does
pres-
dence
that a student
indicates
statutorily imposed
those
dif-
classes
faculty
students,
sured
fellow
ferently
upon
wholly
based
criteria
un-
participating in
into
the administration
religious
objective
related
statute.
adhering
to a sec-
activities
statutory
If
able,
classification is reason-
Obviously
tarian belief.
ground
and rests on
some
dif-
*13
campuses
relat-
present
on the
of
having
ference
a fair and substantial
only
colleges,
present
to the
it
but
ed
object
legisla-
relation
to
degree
student. The
desired
persons similarly
tion so that all
situat-
campuses re-
on most
facts indicate that
alike,
ed
treated
there is no violation
force,
ligion
de-
neither
is a neutral
equal protection
of
clause. Reed v.
manding
rejecting adherence
nor
Reed,
71,
251,
404 U.S.
92
30 L.
S.Ct.
students.16
(1971); Dandridge
Ed.2d 225
liams,
v. Wil-
471,
1153,
397 U.S.
90 S.Ct.
25 L.
OF LAW
II. CONCLUSIONS
(1970).
Ed.2d 491
While the
in
Statute
question establishes a
of
class
students
Equal
Protection
of
A. Denial
attending private
to
limited
those
col-
Laws.
leges,
way
in
the Statute
discrimi-
por
attack the
first
Plaintiffs
against
nates
the class of students at-
finan
of
which limits
tion
the Statute
tending
colleges
state
and universities.
prospective
only
to
those
cial assistance
Any
attending
student
a state institu-
college
attend
who choose to
students
higher
automatically
learning
of
tion
re-
col
nineteen
one of the
church-related
equal
ceives
state aid
least
to the
They argue
leges.
de
classification
this
may
amount a student
receive under
equal
plaintiffs
protection of the
nies
grant program. Admittedly
tuition
two
right
public
If
to
funds.
from
benefit
college
exist,
classes of
students
but both
primary purpose
aid
is to
the Statute’s
college
similarly
are treated
and thus the Stat-
suggest,
students, plaintiffs
ute
no discrimination
creates
between
college
should suf
is accredited
the two classes.
urge
if the
They
even
further
fice.
arguendo
Assuming
the Statute
Kansans
enacted
aid
to
Statute were
produce unequal treatment, plain
assistance,
does
public financial
who need
still
failed to show that
arbitrarily
tiffs
students
classifies
Statute
relationship
no rational
Statute bears
institutions
church related
legitimate
purposes.
in
receiving
As noted
learning
worthy
Education,
v.
347
denying
Brown Board
483,
U.S.
grants
at state
while
493,
686,
691,
887
charge
grades
through
nor
to students
this: Neither
7
least
attending parochial
up a
Board
can
schools.
set
12
Federal Government
Allen,
pass
236, 88
Education v.
392 U.S.
can
laws
church. Neither
1923,
(1968).
religions,
religion,
20
all
or
L.Ed.2d 1060
aid
S.Ct.
aid one
prefer
allowed
issue
another. And
Carolina was
to
one
over
South
Bap-
per-
provided to a
bonds which
nor influence
revenue
can force
Neither
go
away from
financial assist-
remain
tist-controlled
to or to
son
against
him to
in the construction
additional
or
ance
buildings
his will
force
church
Hunt v. Mc-
profess
re-
facilities.
or disbelief
belief
2868,
Nair,
734,
ligion.
punished
L.
person
413
93 S.Ct.
37
can be
U.S.
No
(1973).
professing
entertaining
923
Ed.2d
or
disbeliefs, for
at-
or
beliefs
gleaned
principles
to be
tax
tendance
non-attendance. No
or
these
is that
First
from all
decisions
large
any amount,
small,
or
be
can
absolutely prohibits any law
Amendment
respecting
support
activi-
levied
governmentally
established
institutions,
they
or
whatever
ties
may
governmental
religion or
interference
called, or whatever form
be
religion.
Kurtzman,
Lemon v.
may adopt
practice
or
reli-
to teach
602,
matically quali- College College.20 invalidated because the Tabor and Hesston fying Colleges Sterling College chapel rela- formalistic conducts services tionship sponsoring weekly with churches. twice the and unless student has missing opera- at the Instead we will look overall valid reason for these services may tion of to discern an each institution excessive number absences religion pervasive disciplinary probation so whether that a lead to portion College substantial of its functions is dismissal.21 At Tabor the entire religious student-faculty community subsumed in mission. assembles Hunt, supra. per first note that with three We times to “enhance the week College exception spiritual community.” John’s no St. life of the At religious College imposes College chapel restrictions on Hesston attendance at mandatory admission of students. facts readi- services is not but absences ly reported part show that are admitted with- are and become religious аffiliation, personal out concern for student’s folder. Extended ab- being Colleges “may chapel result most serve sences from become the ba- many sis, part, students of faiths as well those for students discontinuation College, however, College.” of no faith. St. John’s as a student at We Hesston right give preference requirement reserves the on find that because applicants congrega- religious participation students, enrollments to from state tions Colleges religion of the Lutheran Church-Missouri aid to these fosters Synod. requires applicants impermissible. It also all to is therefore submit to the director admissions a any Colleges Third, require do pastor’s evaluation student.19 We obedience students to the doctrines preferential pol- find that such a dogmas particular of a faith? Al icy only express provi- violates though college requires student obedi sions of the act but particular ence to a faith we find at money it causes received from the tui- College giving Bethel a method of sen grant program tion be used for implicitly oral iors examinations that establishment of and is thus verbally express forces students to belief violative of the First Amendment. Christianity. All Bethel seniors at College A consideration second are asked to take an oral exami Colleges require graduating. year whether attendance nation before Each pupils religious chosen, activities. two We do books are of them al one ways being Topics not believe that aid must be disal from Bible. re opportunity may lowed because the lated for reli to Christian raised faith be gious participation exists at these examine Col the student’s intellectual and leges, Zоrach, supra, partici spiritual development. see but if The examina pation explicitly implicitly purpose, among things, is either other tion’s tois provide mandatory “faculty then must conclude we members and students Colleges serving primarily specific seriously a reli occasion to talk gious purpose. shows, spiritual develop The evidence about intellectual and however, philosophy ment three re of life.” If quire participa perform satisfactorily some form of student does not College, may repeat Sterling tion he students: asked to the examina- Sterling College College Catalog, Catalog, 19. 21. St. John’s 1972-1974 73-75 at 35-36. 15-16. Catalog College ’73-74, 22. Tabor at 11. cognizant stipulation 20. We are filed Catalog College 1972-1974, 23. Hesston at 33. concerning chapel herein attendance. Our findings regard 1972-74, Bethel based on state- Bulletin at 51. catalogs ments contained in the issued for college year. the 1973-74 through policy chapel inserts dents. No doubt services examination tion. Such organizations opportu- into the educational sectarian influence nity mis- program; exists for therefore the instillment of Christian *20 College per- values, is too but these are volun- functions sion served Bethel tary: Besides, skeptical participation in the of the mind col- vasive to allow its lege grant program. limits effect of tuition students the attempt. such Colleges require Fourth, do the Colleges Seventh, impose the do reli- pupils in instruction the theol to attend gious appoint- faculty restrictions on ogy particular a faith? or doctrine of previously ments? noted no As indoc of find no evidence sectarian We religious faculty ap- has restrictions taught in at church the cоurses trination pointments; the facts show that Chris- colleges. Although at most of students tians, non Christians non-believers Colleges in reli the must take courses Colleges. teach at these gion part re of their educational as taught Colleges Finally, impose the quirement, do reli- are these courses gious point of restrictions on what or how the objectively a and from neutral taught faculty may faculty No. teach? All Because these courses view. given high degree approach en members are a aca- from an academic teaching investigation courages open no demic freedom their we find courses. See First violation Amendment. In find most of conclusion we Schempp, Abington v. District School colleges provide pri- a Kansas church 1560, 10 L.Ed.2d S.Ct. 374 U.S. Colleges marily secular education. The (1963). integral part of do not constitute an religious sponsoring integral Colleges Fifth, mission an are the religious unique part nor do churches their character- mission of sponsoring then vehicle for istics make a inculcat- church After read- them? ing religious through by-laws ing charters, result doctrine. students, including major- Colleges that all those conclude the bulletins we ing religion, arts, religious existing. receive liberal have But reasons for suggest five spon- secular There are Col- not education. evidence does leges Bethel, Hesston, John’s, Colleges soring St. Ster- tools use the as churches — ling however, religious propaganda. that serve a Nor in most Tabor — Colleges substantially tu- sectarian mission. The instances do the teach church grant program respect dogma attempt with ition to indoctrinate their Colleges the effect of fos- these re- five has students the Christian fаith. The tering religion ligious today pro- and is therefore violative mission is served viding establishment opportunity of the First Amendment’s students with the Nyquist, supra; religious Sloan, supra; degree involvement, clause. and the Levitt, respect supra. to the other With totally involvement is left to the stu- colleges pri- colleges there is Kansas church dents. lure The church neither being marily religious served participation sectarian mission students into infringement high the estab- offering unusually and hence no an number supra; Tilton, Hunt, provide lishment clause. nor students courses supra. large number activi- Religion, per- not therefore, ties. so differ- there a factual We realize college campuses vasive on that stu- in Hunt and ence the situations between dents cannot receive secular education. present aqd Tilton the situation in challenged In Hunt and Tilton Sixth, case. do the a sub- merely provided to church col- purpose statutes the inculcation of reli- stantial government leges gious for the construc- aid do find from the values? We not buildings try and facil- colleges tion of non-sectarian evidence offered that church seg- easy It the Court ities. was in their stu- instill values regate purposes for which the build- activities. But in all three sit- ings colleges providing would uations facilities be the church used. grant program pro- primarily our case the secular function and thus government attending vides aid aid financial does not have the effect colleges. way respecting There we can of is no of reli- establishment gion. part sure the students will not take religious activities. We do be- Although may a statute survive lieve, however, that the tuition “legislative purpose” “primary program is unconstitutional becausе tests, effect” it still will be struck down recipients in reli- some involved become enduring if it creates an excessive and gious The church activities. *21 entanglement between church and state. religion force on most cases do not Lemon, supra. considering entangle In opportunity there for students. The is aspects analyzed; ment two must be religious degree participation the but first, does the administration of the totally upon depends involvement the entanglement statute cause excessive and Religious participation vol- student. is second, among does the statute create the untary and the ed- is thus distinct from potential political electorate the dis colleges. ucation received at these church along religious cordance lines ? The Constitution never intended the respect With to the administrative en- wall between church and state to be ab- tanglement aspect we note that the basic Douglas empha- solute. As Mr. Justice enacting reason for the tuition Kansas religious in Zorach sized are a “[w]e grant program needy was to assist stu- people presuppose whose institutions attending independent colleges. dents in Supreme Being. guarantee the free- We provide This statute does not funds worship dom one . as chooses. religious pur- which are earmarked for sponsor part We an attitude the of poses provides pay- but rather funds for government partiality that shows no ment of tuition money costs. The no group one and lets each flour- goes College’s general doubt into each according ish to the zeal and its adher- operation fund purposes. to be used for dogma.” appеal ents and of its argued can While it be that such a tui- gov- 313, at at S.Ct. U.S. grant program tion in effect allows religion ernment’s attitude toward is one spent funds from other sources to neutrality. Walz, supra. Thus, religious purposes Supreme Court on grant recipient whether tuition choos- rejected several occasions has this rea- religious participate es to activities denying son for gious state assistance to reli- government. no makes difference to Hunt, supra; Tilton, institutions. Our concern is not whether students at supra; Walz, supra. colleges participate Although grant pro a tuition Colleges activities but whether the ei- gram usually impermissible would cause explicilty implicitly subject ther entanglement between church and state students to sectarian influence. And elementary secondary at educa as we noted earlier in most instances a level, program tion essarily such a does not nec being provided secular education is entanglement cause excessive at Colleges. these In Hunt Tilton the degree level. The of entan government provided support financial glement large varies measure with buildings for construction of secular religion permeates the extent to which gov- present In the case the facilities. Lemon, supra; Tilton, the institution. providing ernment is financial aid for a supra. Burger As Mr. Chief Justice secular education. No doubt some of pointed plurality out for the in Tilton: buildings using the secular Tilton, just and facilities in Hunt and Since indoctrination is not a receiving purpose some of the students activity a tuition substantial case, present participated in the these church-related and uni- primarily versities, purpose than there likеlihood secular is less educational secondary primary schools and attract students of all faiths from throughout religion permeate the area will world. Because diversity repre- education. students and secular 403 U.S. faiths campuses, political on all the at 2100. sented S.Ct. likely along split is volvement less to be emphasized Because secular education Tilton, supra. lines. Colleges, independent the Kansas government necessity surveillance conclude tuition We that Kansas’ entanglement generates resulting grant program impermissi- reduced and the government government less- between ble involvement between the Tilton, supra. ened. neither See and state. statute creates entangle- political an administrative nor being no reason for ad- Another there therefore ment and does not violate entanglement is because ministrative clause. establishment primarily to- is directed Kansas Statute applicants rath- ward individual student The Free II. Exercise Clause.25 Colleges. independent er than the only pertinent fact, section finally Plaintiffs contend relating independent Statute grant program offends 72-6111(f) states: is K.S.A. *22 the free' exercise clause of First Although may plaintiffs have Amendment. The commission [state education] any explained independent in- how tuition require not the Kansas accredited grant any program exercise promptly violates the free to furnish stitution it are re- clause assume formation which the commission we because relating pay proceeds quests compelled taxes, of to or to administration part grants act. in under the effect of this finance Supreme on numer Court Statute. gives (f) the commissiоn Section 72-6111 argu rejected ous occasions has authority to demand information con- ment, however, more is needed because cerning grant program the tuition from free than to show a violation exercise colleges; give it them church does not plaintiffs taxpayers. Til- the fact authority operation to interfere with ton, Walz, Allen, supra. supra; supra; Colleges. of the plaintiffs must free exercise a case entangle- aspect The second “the coercive enact show effect “political ment doctrine involves entan- against operates in the it him ment as glement”. government While democratic Abington religion.” practice of his polit- when active functions best there is Dist., supra, U.S. School very involvement, purpose ical have made at 1572. Plaintiffs S.Ct. political prevent First Amendment is to attempt to show the Kansas how activity that fractionalizes the electorate against grant operates program them in along religious Lemon, supra. lines. religion. practice their government Thus elementary aid to parochial pro- secondary is often schools III. CONCLUSION political because divi- hibited debate and scrutiny along might From a careful sion exist lines findings grant” statute and the the numerous these “tuition communities where level, herein, operate. college K.S.A. made we conclude of fact schools At frag- seq. potential unconstitutional. political et however, 72-6107 for above, However, find unlikely. we do as indicated there mentation is In Kansas in the eligible colleges op- infirmities some constitutional are nineteen erating five Col of the Act. The in sixteen local communities. administration Hesston, Sterling, leges, St. Bethel, a noted earlier serve As these prohibiting “Congress gion, there- free exercise Amend. make or U.S.Const. shall ” respecting of; an reli- . . . no law establishment No Tabor, standards. of the find ance with educational because John’s allega- them, presumptions mere ings flow from to heretofore made as each ; pro required, consistent participate in the tions no one can be to are not entitled process, prove gram. Therefore, due to the absence are with the defendants enjoined extending tu violation law.” from further attending grants those ition to students opin- in our Thus under the law cited shall be This decree five institutions. required to hold ion we have been application prospective and no student they require colleges, the five because required pay to will be institution knowledge chapel of a attendance money heretofore to the state back fostering religious view, particular granted by Act under the the defendants addition, College, religion. Bethel Also, in question.26 each of the five policies goes further in its somewhat may again become stitutions listed above requires an adherence and in effect eligible participate in the tuition dogma. its sectarian taking appropriate program ac I Except Bethel this action particular infirmi tion eliminate a than find no more sectarian adherence participa found herein as a bar ties college requirement order to tion. degree the student must obtain opinion the find- constitute This shall understanding pass sufficient ings court. and conclusions language English foreign course in or a prepare for the defendants shаll Counsel requirement degree. as a to a appropriate in ac- Decree and submit academic freedom at standards of herewith, signature by the cordance requires, not level filing. of the court and members right concept, study but non-religious concept. The here- also a BROWN, E. District Chief WESLEY teaching requirement of tic much a is as Judge (concurring). *23 advocacy of re- academic freedom as opinion of this I concur Court. ligious thought. teaching of either strong feelings, however, my Because of constitutionally discipline is a form of required are to fol- decisions we required freedom. prohibiting low have the effect of by pointed out As was Justice White free exercise of and academic in his dissent Committee for Public freedom, speak I must out. Nyquist, supra, Education v. 413 U.S. dealing In the case before us we are 985, 756, 2955, not S.Ct. 37 L.Ed.2d 93 grants legisla- who, by with to students completely all state aid to fiat, not adults tive children but exemptions, tax bus barred view responsibilities all of the and obli- transportation, pro- and which are books gations of adulthood. parochial and schools vided churches It clear also as we have said by many states. law, seq., et is on its K.S.A. 72-6107 by any plainly paint brush face constitutional stand- It is time to with a broad involving grant permit prohi- Amendment ards First and hold that a tuition college Harrison, study religiously bitions. In Norwood 413 a oriented v. giv- 455, 723, fostering religion. merely 2804, U.S. 93 L.Ed.2d not It is S.Ct. right ing grown by we are advised that a school school a man woman required study as determination was to determine secular sectarian ideas and/or Only by a that state aid is confined to secular edu- such the individual sees fit. said, policy and cation. Court there “This both academic will we have may time school school determination freedom. At the same policy permit cumbersome no more so than the use of fa- but such would process ascertaining compli- private aid to State’s schools as an cilities 2105, (1973). Kurtzman,
26. Lemon v. 403 U.S. Ct. L.Ed.2d 745 S. secondary level even and ciation of education schools religiously accrediting though agency re- oriented. based on their quirements April 1, as of “A” APPENDIX (f) “Open pol- enrollment” means learning icy higher institution of an FOR Article GRANTS 61.—TUITION opportunity enrollment PRIVATE INSTITUTIONS who meets its oth- student academic and used As 72-6107. Definitions. requirements, er reasonable enrollment act, re- unless the context otherwise this regard religion, sex, race, without grant” (a) quires: an “Tuition means origin. or national creed under this state to award act (g) “Commission” ed- means qualified student. ucation commission K.S. established (b) the dif- “Financial need” means Supp. A.1971 72-6204. fi- ference between a available student’s (h) “Term” means of two or one to- nancial resources and such student’s year of an more divisions academic expenses anticipated tal to attend cer- in, learning institution of independent tain accredited institution. substantially begin all and courses A student’s financial resources shall substantially time, end at same fifty (1) four hundred dollars clude regularly during which instruction is year ($450) each from his own work given to students. resources, (2) a contribution parents’ assets, if from his income and (i) one of two “Semester” means sufficient, by completed determined principal terms, when two there parents’ confidential statement principal year, terms the academic upon accepted criteria of a na- based whether or not there are other shorter recognized tiоnally financial needs anal- during year. terms the same academic agency. ysis need shall be re- Financial grants; Awarding tuition 72-6108. annually. least determined at limitation. A tuition semesters (c) student” “Full-time in-state may any qualified student be awarded person who is a resident means independent enrolled at accredited who at an ac- Kansas and is enrolled institution, except qualified stu- that a independent in a credited institution grants may receive dent (12) study of at least course twelve eight (8) under- more than semesters of equivalent or the hours each semester graduate study equivalent there- thereof. The commission shall deter- *24 of. The commission shall determine oth- mine the number of hours for terms eight equivalent (8) of when semesters er than to constitute the semesters part stu- all or of terms for which a (12) equivalent of twelve hours. grants tuition not se- dent receives are (d) “Qualified means a full- student” mesters. has estab- time in-state student who grant to of 72-6109. Amount tuition initially lished financial need and who is need; equal financial limitations. entering acceptable of for an institution grant qualified a tuition to a amount of learning higher entered or has so who spring the fall semes- student for and making good standing sat- and is and thereof, ters, equivalent shall be or the graduation. isfactory progress toward financial the amount such student’s (e) independent institu- “Accredited period, except that tuition need for the tion” means institution any year not grants shall to a student learning (1) located which the lesser of: exceed independently operated con- and not required (a) The total tuition and any by trolled or administered semesters, student for of that two fees state, agency any or subdivision of thereof, equivalent or the (3) open enrollment, (2) maintains ($1,000). by (b) thousand dollars north central asso- one is accredited grants by defining analysis agencies, received tuition nancial needs When determining required fees, terms that for one or more tuition and student priority semesters, apportionment de- the commission shall of tuition grants equivalent necessary termine what is the and other for matters spring fall and semesters. the administration of this act. may provide apportion- commission Payment grants; of tuition 72-6110. grants appropria- ment of tuition if the dropout approved; how certified and grants tions for tuition are insufficient liability. grant may A tuition be made grants. pay approved all tuition To annually spring the fall and se- both determine who is an in-state student for equivalent Pay- mesters, or the thereof. purpose act, the commission grant any ments under such tuition shall regulations adopt shall rules and consist- equally allocated between the semes- be ent with statutes for determination plans ters, when the student to attend in-state students universities and col- year, two semesters an academic leges regents. under the state board specified the commis- otherwise as grants paid (e) Approve Tuition at the sion. shall be award tuition beginning grants. of each semester or other upon
term certification the accredit- (d) Determine those institutions independent ed institution that the stu- higher learning qualify which as ac- qualified dent is enrolled and is a stu- independent credited institutions. Payments any dent. under tuition (e) report gov- Make an annual to the upon approved shall made vouchers legislature, ernor and and evaluate by the administrative officer of the com- grant program period. for the designated by it, upon mission re- ceiving the same the director of ac- (f) require any may The Commission reports counts and shall issue his war- independent accredited institution rant to the entitled thereto student promptly furnish information which shall cause such warrant to be delivered relating requests the commission to ad- independent to the accredited institution ministration or of this act. effect is, in which such "student enrolled. If a grants; Applications 72-6112. student discontinues attendance before parents’ confidential Each statements. term, the end of semester or other applicant grant, for a tuition in accord- receiving payment after under a tuition regulations ance with the rules and grant, the entire amount such stu- commission, shall: qualify dent would otherwise to have re- funded, up any pay- to the amount of (a) Complete application and file an grants ments made for tuition in the ac- grant. for a tuition year, paid by ademic shall be the ac- (b) responsible Be for the submission private credited institution to the state. parents’ confidential statement 72-6111. Administration of act the commission and to the institution of commission; state education rules and higher learning at which such student is regulations; grants; apportionment of enrolling. *25 institutions; qualification of informa- reports. (e) Report tion and promptly The state education to the commis- relating requested commission shall administer this act and sion information shall: to administration of this act. (a) application Provide forms (d) application par- File a new parents’
forms for confidential state- annually ents’ confidential statement ments. eligibility the basis of which his for a (b) Adopt regulations rules and shall evaluated and de- determining need, selecting financial fi- termined.