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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- ZOBREST et al. v. CATALINA FOOTHILLS
- SCHOOL DISTRICT
- certiorari to the united states court of appeals for
- the ninth circuit
- No. 92-94. Argued February 24, 1993-Decided June 18, 1993
-
- Petitioners, a deaf child and his parents, filed this suit after respondent
- school district refused to provide a sign-language interpreter to
- accompany the child to classes at a Roman Catholic high school.
- They alleged that the Individuals with Disabilities Education Act
- (IDEA) and the Free Exercise Cause of the First Amendment
- required respondent to provide the interpreter and that the
- Establishment Clause did not bar such relief. The District Court
- granted respondent summary judgment on the ground that the
- interpreter would act as a conduit for the child's religious inculcation,
- thereby promoting his religious development at government expense
- in violation of the Establishment Clause. The Court of Appeals
- affirmed.
- Held:
- 1. The prudential rule of avoiding constitutional questions if there
- is a nonconstitutional ground for decision is inapplicable here, since
- respondent did not urge upon the District Court or the Court of
- Appeals any of the nonconstitutional grounds it now raises in this
- Court. Pp. 3-5.
- 2. The Establishment Clause does not prevent respondent from
- furnishing a disabled child enrolled in a sectarian school with a sign-
- language interpreter in order to facilitate his education. Government
- programs that neutrally provide benefits to a broad class of citizens
- defined without reference to religion are not readily subject to an
- Establishment Clause challenge just because sectarian institutions
- may also receive an attenuated financial benefit. Mueller v. Allen,
- 463 U. S. 388; Witters v. Washington Dept. of Services for Blind, 474
- U. S. 481. The same reasoning used in Mueller and Witters applies
- here. The service in this case is part of a general government
- program that distributes benefits neutrally to any child qualifying as
- disabled under the IDEA, without regard to the sectarian-
- nonsectarian, or public-nonpublic nature of the school the child
- attends. By according parents freedom to select a school of their
- choice, the statute ensures that a government-paid interpreter will be
- present in a sectarian school only as a result of individual parents'
- private decisions. Since the IDEA creates no financial incentive for
- parents to choose a sectarian school, an interpreter's presence there
- cannot be attributed to state decisionmaking. The fact that a public
- employee will be physically present in a sectarian school does not by
- itself make this the same type of aid that was disapproved in Meek v.
- Pittenger, 421 U. S. 349, and School Dist. of Grand Rapids v. Ball,
- 473 U. S. 373. In those cases, the challenged programs gave direct
- grants of government aid-instructional equipment and material,
- teachers, and guidance counselors-which relieved sectarian schools
- of costs they otherwise would have borne in educating their students.
- Here, the child is the primary beneficiary, and the school receives
- only an incidental benefit. In addition, an interpreter, unlike a
- teacher or guidance counselor, neither adds to nor subtracts from the
- sectarian school's environment but merely interprets whatever
- material is presented to the class as a whole. There is no absolute
- bar to the placing of a public employee in a sectarian school.
- Pp. 5-11.
- 963 F. 2d 1190, reversed.
- Rehnquist, C. J., delivered the opinion of the Court, in which White,
- Scalia, Kennedy, and Thomas, JJ., joined. Blackmun, J., filed a
- dissenting opinion, in which Souter, J., joined, and in which Stevens
- and O'Connor, JJ., joined as to Part I. O'Connor, J., filed a dissenting
- opinion, in which Stevens, J., joined.
-