At issue in Wheeler v. Barrera (1975) was whether the parents of educationally deprived children who attended nonpublic schools were entitled to equitable relief regarding the distribution of federal funds for Title I programs in public and nonpublic schools. Title I of the Elementary and Secondary Education Act of 1965 was the first law to authorize federal funding of programs for educationally deprived children in both public and nonpublic schools. Title Fs implementing regulations define educationally deprived children as [Page 893]those, including students with disabilities, who need special assistance as a result of poverty, neglect, delinquency, or cultural or linguistic isolation from the community at large in order to attain the educational level appropriate for their ages (45 CFR § 116.1 (i)).

While enacting President Lyndon ...