Wheeler v. Barrera

Facts of the Case

Parents of children attending nonpublic schools in Kansas City, Missouri, brought a class action suit, alleging that state school officials arbitrarily and illegally approved campus-based Title I programs for eligible public school children, such as the use of federally funded teachers during regular school hours, while depriving children in nonpublic schools of comparable services. Prior to Wheeler v. Barrera, the prevailing practice in Missouri was to provide comparable equipment, materials, and supplies to eligible students in nonpublic schools but to exclude providing federally funded teachers and support personnel on the campuses of nonpublic schools.

Among other things, the parents claimed that campus-based programs had to be provided for eligible children in nonpublic schools if such programs were routinely offered in the public schools. The plaintiff parents also claimed that Missouri's constitutional provisions prohibiting the use of public funds in nonpublic schools did not apply to Title I. The defendants countered that the parents' requests exceeded Title I requirements and that Title I programs on nonpublic school campuses violated First Amendment provisions mandating separation of church and state.

Initially, a federal trial court denied relief and dismissed the case. On further review, the Eighth Circuit reversed, ruling that state officials had, in fact, violated Title I's dictates, which required them to provide comparable services to all children who were educationally deprived. In addition, the court found that if Title I programs were provided on public school campuses, officials had to offer comparable programs for children who attended nonpublic schools. The court added that the Missouri law barring use of public funds to support operations in nonpublic schools did not apply to Title I programs. Finally, the court declined to address the petitioners' (state officials') concerns about violating the Establishment Clause, because they had not implemented a formal plan for Title I instruction on nonpublic school campuses at the time. The petitioners sought further review, and the Supreme Court granted certiorari.

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