How this document has been cited
—if the cost of school buses and the maintenance and operation thereof is in aid of the public schools, then it would seem to necessarily follow that when pupils of parochial schools are transported by them such service is in aid of that school.
- in Board of Education for Ind. Sch. Dist. No. 52 v. Antone, 1963 and 3 similar citations
In most of the state courts where the question has been presented, the legislation has been held to violate state constitutional restrictions.
- in Snyder v. Newtown, 1960 and 4 similar citations
—the next in this line of cases, any survey of our jurisprudence on the issue before us requires its consideration.
- in Prescott v. OKLAHOMA CAPITOL PRESERVATION, 2015 and 3 similar citations
The Supreme Court of Oklahoma has held that Article II, § 5 of that state's constitution prevents use of public funds to transport parochial school students to school.
- in American public school law and 3 similar citations
Seven times in six states, courts in rejecting the child benefit theory had found transportation an aid to the school and therefore an unconstitutional assistance to sectarian education
- in The school bus law: a case study in education, religion, and politics and 2 similar citations
Furthermore, applying the "true beneficiary theory" to uphold the school voucher programs would effectively make the Aid Clause of the Arizona Constitution redundant, since " `practically every proper expenditure for school purposes aids the child.'"
- in Cain v. Horne, 2008 and 2 similar citations
Constitutional prohibition on use of public money for a church or denomination prohibits use of funds for sectarian schools, and thus renders unconstitutional a statute providing for transportation of children attending parochial schools.
- in Hearings, Reports and Prints of the Senate Committee on Labor and Public Welfare and 2 similar citations
—but the local school board had asked the highest Oklahoma court to re-examine its position in light of the 1947 Everson case, supra.
- in Society on trial: current court decisions and social change and one similar citation
—or sect and its religious symbolism was obscured by the commercial atmosphere in which it was placed.
- in School Choice and State Constitutions: A Guide to Designing School Choice … and 2 similar citations
—the Oklahoma Supreme Court held that sectarian schools are sectarian institutions and ruled that aid to sectarian schools was unconstitutional under article II, section 5.
- in Constitutional Law: Vouchers, Sectarian Schools, and Constitutional … and 2 similar citations
Cited by
368 P. 3d 1270 - Okla: Supreme Court 2016
496 P. 2d 789 - Okla: Supreme Court 1972
384 P. 2d 911 - Okla: Supreme Court 1963
362 P. 2d 932 - Alaska: Supreme Court 1961
405 A. 2d 16 - RI: Supreme Court 1979
174 SE 2d 711 - W Va: Supreme Court of Appeals 1970
432 P. 2d 460 - Ariz: Supreme Court 1967
226 A. 2d 471 - NJ: Superior Court, Law Div. 1967
17 Wis. 2d 148 - Wis: Supreme Court 1962
147 Conn. 374 - Conn: Supreme Court 1960