The Notre Dame program that places recent grads in Catholic schools
to teach for two years will have to get along without the support
of the federal AmeriCorps program if a court ruling earlier this
year stands.
In July a U.S. District Court judge ruled that the Corporation
for National and Community Service, parent of the AmeriCorps national
service program, violated the principal of separation of church
and state by financially supporting Notre Dame's Alliance for
Catholic Education (ACE) program and similar programs organized
by religious institutions. The decision stemmed from a suit brought
two years ago by the American Jewish Congress, which argued that
tax dollars were being used to teach Christianity.
In a statement released soon after the ruling, Notre Dame said
Supreme Court decisions have supported the constitutionality of
funding religious institutions for work that doesn't involve religion.
The University said it planned to appeal the ruling. In adherence
to the University's general policy with active litigation, ACE
officials declined to comment on the decision or describe the
extent to which the program relies on AmeriCorps funds
Launched in 1994, ACE places mainly new Catholic graduates of
Notre Dame into Catholic schools that are short of funds or Catholic
teachers. Participants agree to teach in the schools for two years,
during which time they earn a stipend from the school and live
together in a house or apartment. They also take education courses
at Notre Dame during consecutive summers leading to a master's
degree in education.
AmeriCorps, a Clinton administration initiative begun in 1994,
awards tuition vouchers to people who participate in education-service
programs. The vouchers total $4,725 for those who provide at least
1,700 hours of service. The service programs themselves also receive
up to $400 a year per full-time participant.
ACE and the other service groups named in the suit believed
sufficient restrictions existed to satisfy constitutional concerns.
Applicants for vouchers have to submit time sheets spelling out
how many hours they worked and in what type of service. Hours
spent teaching religion, which ACE teachers sometimes do, can't
count toward the 1,700 hours.
However, U.S. District Court Judge Gladys Kessler said that
paying teachers in Catholic schools crossed "the vague but palpable
line between permissible and impermissible government action under
the First Amendment.
(October 2004)