ABSTRACT
Title I of the Elementary and Secondary Education Act of 1965 was intended to provide remedial instruction to academically "at risk" students. Congress directed that students eligible under Title I could be enrolled in either public or non-public schools. In Aguilar, the Court had concluded that church and state were excessively entangled because Title I required "pervasive monitoring" to ensure that school employees did not inculcate religion; necessitated ongoing administrative cooperation between the public school district and non-public schools; and increased the danger of "political divisiveness." Twelve years later, Justice Sandra Day O'Connor wrote in Agostini that the Court's rulings following Aguilar modified the approach the Court used to assess "indoctrination." The Court's ruling in Agostini permitted New York to resume its on-premises Title I program and allowed other school districts greater latitude in delivering Title I and other educational services to non-public school students.
