Full opinion text
OPINION HEEBE, District Judge. The plaintiffs in this action are Mary L. Helms, individually and on behalf of her minor daughter, Amy T. Helms; Marie Louise Schneider; and Esperanza Tizol.' They reside within the Jefferson Parish School District and within Jefferson Parish, Louisiana. The defendants currently remaining in this case are: a) Dr. Raymond K. Arveson as the Louisiana Superintendent of Public Instruction; b) Mary Landrieu as Louisiana State Treasurer; c) Richard W. Riley as Secretary of the United States Department of Education; d) United States Department of Education; e) Louisiana State Board of Elementary and Secondary Education (BESE); f) Jefferson Parish School Board (JPSB); g) Barbara Turner as Superintendent of the Jefferson Parish Public School System; h) Martin Marino as President and member of the Jefferson Parish School Board; i) Polly Thomas as Vice President and member of the Jefferson Parish School Board; j) Robert Wolfe, Barry Bordelon, O.H. Guidry, Laurie Rolling, Cedric Floyd, Sharon D. Bitzer, and Michael Hurley as members of the Jefferson Parish School Board; and k) the Special Educational Services Corporation. The intervenors in this action are Guy and Jan Mitchell; Earline Castillon; and Edward and JacLynn Welsch. Plaintiffs have challenged federal statutes, as well as Louisiana state programs, on their face and/or as administered and applied in Jefferson Parish, on the grounds that they violate the Establishment Clause of the First Amendment and the Fifth and Fourteenth Amendments. Presently before the Court are the following claims: 1. That the special education programs providing special education services through the use of public school employees on the premises of sectarian schools in Jefferson Parish, Louisiana are unconstitutional. 2. That Louisiana statutory provisions authorizing the funding of special education programs on the premises of pervasively sectarian institutions are unconstitutional on their face, and as implemented and applied. 3. That Louisiana’s legislatively-adopted program for the provision of reimbursement to nonpublic schools for administrative expenses is unconstitutional. 4. That the transportation program which provides for separate transportation of public and nonpublic school children in Jefferson Parish is unconstitutional in its application. 5. That the transportation program results in excessive entanglement. 6. That the state statute authorizing a flat-rate reimbursement to parents transporting their children to school is unconstitutional on its face and as previously administered and applied. 7. That the capital expense provision of Chapter 1 of the Education Consolidation and Improvement Act of 1981 is unconstitutional on its face. This matter came on for trial on a previous date. This Court, having heard the testimony at trial and having considered the record, the evidence, the transcript, the applicable law, and the excellent memoranda submitted by the parties, now makes the following findings of fact and conclusions of law pursuant to Fed.R.Civ.P. 52(a), as hereafter set forth. FINDINGS OF FACT 1. Plaintiff, Mary L. Helms, is the mother of Amy T. Helms who at the time of trial was an eleventh grade student at Bonnabel High School, which is located in Jefferson Parish and is operated by the Jefferson Parish Public School System. 2. Plaintiff, Esperanza Tizol, is the mother of Herman Tizol and Alia Tizol who at the time of trial were enrolled at Congetta Trippe Janet Elementary School, which is located in Jefferson Parish and is operated by the Jefferson Parish Public School System. 3. Plaintiff, Marie Louise Schneider, has no children enrolled in the Jefferson Parish Public School System. She represents Chapter 1 parents in Jefferson Parish as the “parental advisory counsel parishwide chairperson.” Doc. 260, p. 7. 4. Each of the plaintiffs is a United States citizen and citizen of the State of Louisiana, and pays either excise taxes or income taxes to the United States. Doe. 219, p. 3. 5. This Court has already found that each of the plaintiffs pays sales and other taxes to the State of Louisiana and each plaintiff pays local sales tax which ultimately benefits the Jefferson Parish Public School System. Doc. 219, p. 3. Therefore, this Court finds that the plaintiffs have standing to challenge the various state programs at issue in this case. 6. Plaintiffs also have standing to challenge the facial validity of the “capital expenditures” provision of Chapter 1 of the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. § 2727(d). Doc. 219. I. SPECIAL EDUCATION A. WHETHER THE SPECIAL EDUCATION PROGRAMS PROVIDING SPECIAL EDUCATION SERVICES THROUGH THE USE OF PUBLIC SCHOOL EMPLOYEES ON THE PREMISES OF SECTARIAN SCHOOLS IN LOUISIANA INCLUDING JEFFERSON PARISH, ARE UNCONSTITUTIONAL. B. WHETHER LOUISIANA STATUTORY PROVISIONS AUTHORIZING THE FUNDING OF SPECIAL EDUCATION PROGRAMS ON THE PREMISES OF PERVASIVELY SECTARIAN INSTITUTIONS ARE UNCONSTITUTIONAL ON THEIR FACE, AS WELL AS IMPLEMENTED AND APPLIED. FINDINGS OF FACT 1. Plaintiffs claim that the state’s special education program, that being La.Rev.Stat. §§ 17:1941-1956, as it is being administered and applied, is unconstitutional under the First and Fourteenth Amendments to the United States Constitution. 2. Plaintiffs also make a facial challenge to the special education statutes, contending that they authorize the expenditure of tax-derived funds for the payment of the salaries and expenses of teachers and staff at pervasively sectarian institutions where the employees of those institutions, other than public school employees, provide special education services. 3. La.Rev.Stat. § 17:1941 provides that it is the duty of the state, city and parish public school systems of the state of Louisiana “to provide an appropriate, free, publicly supported education to every exceptional child who is a resident therein.” La.Rev.Stat.Ann. § 17:1941 (West 1982). 4. The stated legislative purpose of the Louisiana special education statute is: to provide for a flexible and uniform system of special education for all children requiring such programs and related services; to provide a flexible and nondiscriminatory system for identifying and evaluating the individual needs of the child; to determine the appropriateness of the special education program; to conduct a periodic evaluation of the program and its benefit to the child; to prevent denials of equal educational opportunities on the basis of national origin, sex, economic status, race, religion, and physical or mental handicap or other exceptionalities in the provision of appropriate, free publicly supported education; and to provide such special education programs herein described and related services in the least restrictive alternative education settings. La.Rev.Stat.Ann. § 17:1941. 5. La.Rev.Stat. § 17:1943(2) defines an exceptional child as one who is “mentally disabled, gifted and talented, hard of hearing, deaf, speech impaired, severe language disordered, visually impaired, emotionally disturbed, orthopedically impaired, hospital/homebound, other health impaired, learning disabled, which includes attention deficit disordered and dyslexia, traumatic brain injured, or autistic, and as a result may require special education or related services.” La. Rev.Stat.Ann. § 17:1943(2) (West Supp.1994). 6. In Louisiana, special education is “any program of instruction within the preschool, elementary, and secondary school structures of the state, specifically designed to provide for different learning styles of exceptional children.” La.Rev.Stat.Ann. § 17:1943(4) (West Supp.1994). 7. Section 17:1944(A)(1) provides that the special educational services are to “be administered at the state level by the Department of Education, with the approval of its governing authority, and on the city or parish level by parish or city school boards.” La.Rev. StatAnn. § 17:1944(A)(1) (West Supp.1994). Section 17:1944(A)(2) provides that the office of special education services within the Department of Education “shall provide general supervision and monitoring of all education programs for exceptional children conducted within the state, including all such education programs administered by other state or local agencies.” La.Rev.Stat.Ann. § 17:1944(A)(2) (West Supp.1994). 8. La.Rev.Stat. § 17:1944(B)(13) authorizes the Department of Education “[t]o conduct or contract with any federal, state, city, parish, or private agency, research and development projects designed to improve the quality of special education programs or to increase the efficiency of such programs.” La.Rev.Stat.Ann. § 17:1944(B)(13) (West 1982). 9. Under La.Rev.Stat. § 17:1946(A), the Department of Education must approve alternative education settings in which special education programs are to be conducted, including nonpublic day school facilities and private residential schools. La.Rev.Stat.Ann. § 17:1946(A) (West Supp.1994). 10. La.Rev.Stat. § 17:1946(0) and (D) allows a public educational agency to place an exceptional child in an approved special nonpublic day school program as an alternative education setting. La.Rev.Stat.Ann. § 17:1946(0), (D) (West 1982). Subsection (C) states that any exceptional child, who has been placed prior to or during the 1978-1979 school year by a public education agency in an approved special nonpublic day school as an alternative education setting because public facilities and programs were not available and who has received special education and related services in an approved special nonpublic day school during the 1978-1979 school year, shall not be transferred by the public education agency without formal parental approval. Id. 11. The parties stipulated concerning special education tri-party agreements entered into between the Louisiana State Department of Education and certain approved nonpublic schools pursuant to La.Rev.Stat. § 17:1946(0). Ex. S-35. The stipulation reads: The Louisiana State Department of Education, by and on behalf of certain local education agencies, has entered into triparty agreements with some approved nonpublic schools under the authority of LA.REV.STAT.ANN. 17:1946(0) for the provision of special educational services and where necessary related services as specified in an Individualized Education Program for certain handicapped children within the jurisdiction of the local education agency. Plaintiffs’ Exhibit No. 239, annexed hereto as Attachment A, is an example of such a tri-party agreement between De La Salle Special Education School, and the Louisiana State Department of Education by and on behalf of the Jefferson Parish School Board for the provision of special education services to one handicapped child placed by a public agency prior to the 1978-79 school year. Each of said children listed in those triparty agreements executed pursuant to LA.REV.STAT.ANN. 17:1946(c) has been identified as a handicapped child who is between the ages of three (3) and twenty-one (21), and who was placed by a public agency in an approved nonpublic school prior to the 1978-79 school year because the local educational agency did not provide direct services to said child. Ex. S-35. 12. The stipulation applies to a limited number of identified exceptional children, between the ages of 3 and 21, each of whom was placed in an approved nonpublic school prior to the 1978-79 school year because “the local educational agency did not provide direct services to said child.” Id. 13. Under La.Rev.Stat. § 17:1949, a parish or city school board or special school district is authorized to enter into a purchase of services agreement with any nonpublic school agency or institution to provide free appropriate education to exceptional children in need of special education and related services. In purchasing such services, the local school board is “authorized to negotiate a contract for special education and related services and to pay tuition or other costs not to exceed the average gross costs per educable child in the school district plus the pro rata part of the state allotment” provided in La.Rev.Stat.Ann. § 17:1956 for serving students requiring special education and related services. La.Rev.Stat.Ann. § 17:1949 (West 1982). 14. The Department of Education may contract with nonpublic agencies to provide special education and related services subject to the conditions and limitations of the statute. La.Rev.Stat.Ann. § 17:1950 (West 1982). 15. The Jefferson Parish School Board (JPSB) is a political subdivision of the State of Louisiana. It is vested with the authority to direct the operations of the Jefferson Parish Public School System (JPPSS), subject to the rules and regulations promulgated by the Louisiana State Board of Elementary and Secondary Education (BESE). 16. Special Educational Services Corporation (SESC) was established as a Louisiana nonprofit corporation in 1981. It was organized for the purpose of “assisting] students who are having academic and behavior problems to cope in the school environment.” Doc. 250, p. 163. 17. SESC was originally funded with $1.65 million by the 1982 Louisiana legislature. Ex. P-253. 18. Since at least 1987, SESC has not received any funds from the State of Louisiana or any other governmental body. Doc. 250, p. 164. 19. At the time of trial, the sole employee of SESC was the executive director, Jan Janz, who volunteered her time to the corporation. Her paid position was with the Office of Special Education for the Archdiocese of New Orleans. Id. at pp. 76, 78, 105, 134. 20. The members of SESC are “[t]he respective Presidents of the Archdiocesan School Board and Diocesan School Board of the Roman Catholic Archdiocese of New Orleans, and the Roman Catholic Diocese of Lafayette, Baton Rouge, Houma-Thibodaux, and Lake Charles, and a representative to be appointed by the Bishop of the Diocese of Alexandria-Shreveport respectively.” John C. Rice, Jr. Dep. at 43-44. The corporate members appoint the Board of Trustees. Id. at 45. 21. The Court finds that SESC is a religiously-affiliated corporation. 22. In Jefferson Parish, special education services have been provided by public school teachers to nonpublic school students on the premises of schools operated under the authority of the Archdiocese of New Orleans under a contract entered into between the JPSB and SESC. Ex. S-9. 23. JPPSS first assigned special education teachers to instruct students at nonpublic schools during the 1975-76 school year. Ex. P-253. Four teachers and four aides were placed. The reason for this placement was “the lack of classroom space in the public school system.” Id. 24. By the 1982-83 school year, the request had increased to 105 special education teachers and 71 aides for the nonpublie schools. The estimated cost to the Jefferson Parish Public School System was $504,871.00. Ex. P-253, p. 12. 25. In the Fall of 1982, Barbara Turner Windhorst was the Director of Special Education for the Jefferson Parish Public School System and Dr. Carolyn Weddle was the Assistant Superintendent for Instructional Programs for the school system. Dr. David DeRuzzo, the Superintendent of Schools for the JPPSS, directed Dr. Weddle and ultimately Ms. Windhorst to research the issue of special education teachers assigned by the JPPSS to nonpublic schools and to provide him with information for a report to the school board. Doc. 255, p. 96. 26. In his report to the school board, Dr. DeRuzzo noted: The continued dramatic escalation of requests for special education teachers and aides by the approved non-public schools emphasizes three issues: a. the possible loss of student population to the parochial schools, especially at the high school level where parochial secondary schools who have never offered special education classes are now proposing them. b. will the SESC continue its source of funding and its willingness to contribute to the cost of teachers and aides? c. parents of public school special education students complain that our most experienced and best educated teachers request voluntary transfer to parochial and private settings leaving the public school special education students with some teachers who are not certified in special education. Ex. P-253, p. 11. 27. The Jefferson Parish School Board at its September 15, 1982 meeting directed the Superintendent to develop a cooperative plan between the Jefferson Parish Public School System and the approved non-public schools to accomplish the following: 1. An approach to controlling the growth in the number of teachers placed in non-public schools 2. A more equitable method of placing qualified special education teachers (See Exhibit III) Ex. P-253, p. 1. 28. On October 5,1982, Dr. DeRuzzo sent a letter to Mr. Howard Jenkins, Superintendent of Schools for the Archdiocese of New Orleans, concerning the development of policy and procedures for the placement of special education classes and teachers in nonpublic schools. Ex. P-253, pp. 20-21. A committee comprised of staff from the Archdiocese and staff from the Jefferson Parish Public School System was formed to develop procedures for placement of special education classes and teachers in nonpublic schools. The goals/guidelines to be achieved were as follows: a. Planned approach to capping and reducing Special Education classes authorized to non-public schools; and b. An equitable plan to place special education certified teachers in the public schools before placement in non-public schools is finalized each year and during the adjust period of the school year. Id. at 21. 29. The recommendations on staffing and funding emanating from negotiations between JPPSS and the Archdiocese of New Orleans, as well as the contractual agreement between JPPSS and the Jefferson Federation of Teachers, anticipated the following results: a. That the present level of funding for teachers and aides currently working in the Archdiocesan schools will be maintained. (This excludes those teachers covered under the contractual agreement for 1982-83 with Special Educational Services Corporation.) b. Should Special Educational Services Corporation not renew its contract as implemented during the 1982-83 session, the Archdiocese will be responsible for assuming all local costs for those teachers and aides. c. That beginning with the 1983-84 academic year, the total local costs for any new positions or vacancies for teachers or teacher aides will be borne by the Catholic schools to which these persons are assigned. d. That capping of the Jefferson Parish Public School System costs at the 1982-83 level will not affect any new special education classes the Archdiocese might establish; the total local costs for such classes, however, will be the responsibility of the individual schools. e. That new classes will be allowed to be established in the Archdiocesan schools. f. That there will be no reduction in the number so [sic] teachers over a period of time. Ex. P-253, p. 3. 30. The report (Ex. P-253) was submitted to the Jefferson Parish School Board, and the school board approved it. Doc. 255, pp. 98-99. 31. The contract entered into between the Jefferson Parish School Board (JPSB) and Special Education Services Corporation (SESC) for the 1989-90 school year provided that the JPSB shall hire up to 14 special education teachers and up to 5 teacher assistants. Ex. S-9. These teachers and assistants were assigned to the following nonpublic schools: Chinchuba Institute for the Deaf, Immaculate Conception High School, Archbishop Rummell High School, St. Agnes Elementary School, St. Angela Elementary School, St. Benilde Elementary School, St. Christopher Elementary School, St. Francis Xavier Elementary School, and St. Mary Magdalen Elementary School. Id. 32. Under the contract, the classrooms were to be provided by SESC at no cost to the JPSB. Ex. S-9. The special education programs conducted in those classrooms were to be supervised by both the JPSB and the administrator of SESC. Id. 33. Pursuant to the contract, SESC billed the JPSB for the cost of the special education teachers and teacher assistants provided to the nine nonpublic schools. Ex. S-9. The cost for teachers and teacher assistants for the fiscal year 1989-90 was estimated at approximately $149,583.00. Id. 34. State funds appropriated by the Louisiana Legislature for the provision of special education and related services for exceptional children in Louisiana are distributed to the Jefferson Parish Public School System based on the number of exceptional children served by employees of the local school board, consistent with state-required pupil/teacher ratios for the provision of services to students with particular exceptionalities. Doc. 277, p. 90. 35. The public school system receives federal monies based on the “child count” of special education students enrolled at both public and nonpublie schools. Doc. 254, p. 136. 36. The salary of a special education teacher consists of 1) money from the minimum foundation program which is money that comes to Jefferson Parish from the State of Louisiana; and 2) the local salary supplement. Doc. 255, p. 78. In the public schools, the local salary supplement is paid by the Jefferson Parish School Board. In the nonpublic schools, the local salary supplement is paid by SESC. Id. SESC has agreed “to assume full responsibility for any portion of a teacher’s or teacher assistant’s salary and benefits not reimbursable by the State of Louisiana and/or the United States Government.” Ex. S-9. 37. The minimum foundation money received from the State and the local salary supplement received from SESC are placed into the general fund of the Jefferson Parish Public School System. The salary of the special education teacher at the nonpublic school is then paid out of this general fund. Doc. 255, p. 100. 38. Since Ms. Janz became executive director of SESC in 1987, SESC has been funded by contributions from the nonpublic schools that are receiving special education services on their premises. Each school contributes a local supplement for the special education teachers to SESC. SESC has a contract with each of the participating nonpublie schools called a donor agreement which sets forth the amount of money that the nonpublic school pays to SESC. Doc. 250, pp. 96-98. 39. The nine schools listed in the contract between SESC and JPSB all make contributions to SESC. The amount contributed is “an approximation of the local supplement for the teachers ...,” that is, the difference between what the state pays for the teachers’ salaries and “what Jefferson Parish school district would have to come up with in order to be able to pay the total salary for the teacher.” Id. at pp. 96-97, 99-100. 40. The JPPSS special education teachers serving students in both public and nonpublic schools are all subject to the provisions of the same Collective Bargaining Agreement. Ex. S-6. 41. Article 18(G) of the 1989-90 “Agreement between the Jefferson Federation of Teachers and the Jefferson Parish School Board” specifically addressed the issue of the placement of special education teachers at nonpublic school sites. Ex. S-6, p. 20. Section G(2) states that “[pjositions in special education classes which are provided in non public schools and are a duplication of services provided by the Jefferson Parish Public School System shall be filled only after all special education positions in the Jefferson Parish Public School System have been filled by certified special education teachers.” Id. (Emphasis added). 42. Section G(5) is an exception to the requirement set forth in Section G(2). This section states that “[t]he Board shall not involuntarily transfer special education teachers assigned to non-public schools prior to the 1983-84 school session unless pupil-teacher ratio changes reduce teacher needs.” Id. 43. Ms. Windhorst testified that this provision “means that those teachers who were assigned to nonpublic schools prior to the ’83-84 school year whether certified or not would remain in those settings and would not be involuntarily transferred----” Doc. 255, p. 47. 44. The Court finds that Section G(5) of Article 18, which is in the current collective bargaining agreement, was originally placed there “in order to effect a compromise agreement involving” public school teachers providing special education services at non-public schools. Id. at p. 50. 45. Twelve of the fourteen special education teachers currently employed by JPPSS and providing services at the nonpublic schools are there by reason of Section G(5) of the collective bargaining agreement (the grandfather provision). Id. at p. 53. 46. The Court finds that there are positions to be filled for special education teachers in the Jefferson Parish public schools. These vacancies are for teachers certified in the mild-moderate category which is the same category held by the twelve public school teachers grandfathered into teaching at the non-public schools. Id. at pp. 55-57. 47. Louisiana law requires that each child must receive special education in the “least restrictive environment” appropriate for the child’s individual educational needs. La.Rev. StatAnn. § 17:1946(A)(2) (West Supp.1994). 48. The special education policies and procedures of the JPPSS are set forth in “Jefferson Parish Public School System Special Education Policies, Procedures, Practices (1989)” (hereinafter “JPPSS Special Education Handbook”). Ex. S-15. 49. The JPPSS Special Education Handbook explains that the least restrictive environment means that “[t]o the maximum extent appropriate, exceptional children, including children in public or private institutions or other care facilities, are educated with children who are not exceptional.” Ex. S-15, p. 109. 50. In the special education field, a regular classroom with supplemental aids — such as speech services or visual aids — is considered the least restrictive environment for exceptional children. Doc. 250, pp. 150-51. A “resource room” program, in which a child spends 180 minutes or less of instructional time per day in the “resource room,” with the remainder spent in a regular classroom, is the next least restrictive environment. Id. at p. 151. A “self-contained” special class is the next least restrictive environment. The student spends more than 180 minutes of instructional time in the “self-contained” special class and spends the remainder in the regular classroom. At a minimum, a student in a “self-contained” program must have homeroom, lunch, and recess with the non-handicapped students. Id. at pp. 151, 173-74. A “special school” program, in which the entire school day is spent in special education, at a school attended only by other exceptional children, is more restrictive still. Ms. Janz testified that a child in this setting risks learning inappropriate behaviors and is not as challenged because of the lack of interaction with his “regular peers.” Doc. 250, p. 151. More restrictive is a “residential special school.” Ex. S-5, p. 40. A “hospital/homebound” program is for students who cannot function in any of the more socially interactive settings. Doc. 250, p. 152. 51. “The Least Restrictive Environment rules may not be waived by any party, including the parent(s).” Ex. S-5, p. 41. 52. The Louisiana Department of Education has determined that the school system should ensure that the exceptional child is placed “in the school which the child would attend if not exceptional, unless the IEP/Placement document requires some other arrangement.” Ex. S-5, p. 39. 53. Jefferson Parish special education programs are provided to two distinct types of exceptional children. The first type are those exceptional children who have been placed by a public agency in a nonpublic residential facility. These children have been determined to require educational placement in a special day school. 54. The second group of exceptional children are voluntarily enrolled in an approved nonpublic school. They require educational placement in either a special education resource room or a special education self-contained classroom on a regular school campus. 55. The Chinchuba Institute for the Deaf is a nonpublic, independent special school which is not affiliated with a religious institution and where all of the students are deaf or hearing-impaired. Ex. S — 9; Doc. 255, p. 35; Doc. 250, pp. 103, 163. Chinchuba is a “special nonpublic day school,” as that term is used in La.Rev.Stat. § 17:1946(C)-(E) (West 1982) & (West Supp.1994). 56. Immaculate Conception High School, Archbishop Rummell High School, St. Agnes Elementary School, St. Angela Elementary School, St. Benilde Elementary School, St. Christopher Elementary School, St. Francis Xavier Elementary School, and St. Mary Magdalen Elementary School are affiliated with the Catholic Church. None of these schools is a “special nonpublic day school” as that term is used in La.Rev.Stat. § 17:1946(C)-(E). 57. In addition to the annual contract entered into between Jefferson Parish School Board and SESC for services at Chinchuba Institute for the Deaf and the eight parochial schools, an annual contract for special education teachers and assistants is also entered into between JPSB and Hope Haven/Madonna Manor School. Ex. S-10. The contract is signed by the Executive Director of Associated Catholic Charities, the Administrator of Hope Haven/Madonna Manor, the Superintendent of the Jefferson Parish School Board, and the Director of the Special Education Department, Jefferson Parish School Board. Id. 58. Hope Haven/Madonna Manor is a special day school for students exhibiting behavior disorders to the degree of severe emotional disturbances. Doc. 255, p. 24. All of the students are handicapped. Id. These students cannot be assured a least restrictive environment on a regular school campus. Id. 59. The agreement entered into for the 1989-90 school year provided 15 special education teachers and 15 special education assistants at Hope Haven/Madonna Manor. Ex. S-10. 60. The students at Hope Haven/Madonna Manor residential facility are placed there by the State of Louisiana, the Office of Health and Human Development and/or by the court system. Doc. 255, p. 22; Doc. 277, pp. 90-91. 61. The teachers are paid from “minimum foundation monies” and the Jefferson Parish Public School System contributes the local funding. Doc. 254, pp. 149-50. 62. The estimated cost for the 30 teachers for the 1989-90 school year was $198,-121.00. It was agreed “that there is no cost incurred by Hope Haven/Madonna Manor (Associated Catholic Charities) for services stated in the agreement.” Ex. S-10. The Jefferson Parish School Board was to be reimbursed by the State by way of the “minimum foundation formula.” Id. It was further noted that “the cost to the Jefferson Parish Public School System would be greater if it assumed direct responsibility for the special education needs of children handled by HOPE HAVEN/MADONNA MANOR.” Id. 63. During the 1989-90 school year, there were approximately 103 students attending Hope Haven/Madonna Manor School. Doc. 257, p. 9. 64. No classes in religion or theology are offered at the Hope Haven/Madonna Manor school. Id. at p. 13. 65. There are no religious symbols in Hope Haven/Madonna Manor. Id. 66. A Catholic church is located near the school. Id. It is used for school assemblies. 67. The principal of Hope Haven/Madonna Manor is a lay person, Barbara Garland. She is employed by Associated Catholic Charities. Id. at p. 4. Ms. Garland reports to the administrator of Hope Haven/Madonna Manor, Robert Guaseo. 68. Two Catholic sisters teach at Hope Haven/Madonna Manor. 69. All of the teachers at Hope Haven/Madonna Manor are Jefferson Parish Public School System teachers. Doc. 255, pp. 23-24. 70. Neither Hope Haven/Madonna Manor nor Chinehuba Institute for the Deaf are under the supervision of Mr. Howard J. Jenkins, the Superintendent of the Archdiocese of New Orleans School System. Doc. 250, pp. 58-59. 71. State regulations governing special education programs are contained in Louisiana Department of Education Bulletin 1706, “Regulations for Implementation of the Exceptional Children’s Act” (Revised 1983). Ex. S-5. 72. Additional state policies and procedures related to special education are described in Louisiana Department of Education Bulletins 741, “Louisiana Handbook for School Administrators” (public and private) (Revised 1983); 1508, “Pupil Appraisal Handbook” (Revised 1983); and 1530, “Louisiana’s IEP Handbook” (Revised 1989). Exs. D-86, S-14, and S-13. 73. The “Regulations for Implementation of the Exceptional Children’s Act” (hereinafter “State Regulations”) require that each school system and the Department of Education develop and formally enter into an interagency agreement. Ex. S-5 § 801. Since the relationship between the Department of Education and the school system is defined by the State Regulations “in regard to providing a free, appropriate public education to exceptional children,” the inter-agency agreement need not define such relationships. Id. § 810. The purpose of an interagency agreement is to assure that state standards established to guarantee a free, appropriate public education for exceptional children are implemented by “approved public or nonpublic agencies not within the governance of the State Board.... ” Id. § 820. 74. Interagency agreements may be entered into between a city/parish school system and either “a licensed and approved nonpublic habilitation agency” or “a licensed and approved nonpublic education and habilitation agency.” Ex. S-5 § 830. 75. An interagency agreement was entered into between the JPSB and SESC which was to be effective for one year beginning on July 1, 1989. Ex. S-12. It was signed by Dr. Russell J. Protti, Superintendent of the JPPSS; Jan Janz, Executive Director of SESC; and Barbara C. Adams, Director of the Special Education Department of the JPPSS. The stated purpose of the agreement was “to formalize the cooperation and to identify the responsibilities of the Jefferson Parish School Board and the Special Educational Services Corporation in order that Special Education Services be offered to the students enrolled at the Special Educational] Services Corporation eligible schools.” Id. 76. The interagency agreement between JPSB and SESC does not specifically provide for monitoring to determine whether the special education teacher engages in either religious discussion or religious conduct. Ex. S-12. The contract only provides that the principal of the nonpublic school “will ensure that the policies and procedures of the Jefferson Parish School Board will be followed in all areas of cooperative effort.” Id. 77. In the interagency agreement, the Jefferson Parish Special Education Department provides the following special education services to the nine “Special Education Services Corporation schools”: A. Conduct inservices to include non public special education teachers, assistants, and administrators B. Provide personnel to monitor special education programs and review I.E.P. records C. Assure the coordinator’s attendance at I.E.P.s when requested D. Provide staff assistance in program development and implementation E. Provide surrogate parent training for those students in need of surrogate parents F. Provide all necessary LANSER tracking, I.E.P. and periodic progress forms G. Provide personnel for data entry (LANSER) and tracking of evaluations, I.E.P.S and related services H. Provide teachers with materials and equipment through the Material Resource Center check system I. Provide pupil appraisal personnel supplemental salaries for the tenth (10) month of employment J. Provide Health Services (Related, to include occupational therapy, physical therapy, audiological and hearing aid evaluations), when appropriate K. Monitor all non public school students’ evaluations to ensure compliance with Bulletin 1508. L. Type, copy and disseminate evaluations to non public schools and parents M. Provide materials of instruction amounting to 26% of the FY 90 EHA-B Flow-Through Budget allocated to voluntarily enrolled students Ex. S-12. 78. Walter B. Gatlin, the Assistant Superintendent of Education, Division of Special Educational Services, Louisiana Department of Education, testified that the State sends state personnel to inspect the special education programs on the premises of certain nonpublic schools on a scheduled basis once every three years. Doc. 257, p. 64. “Programs throughout the school district are selected randomly by school and by students to ensure that the school district is adhering to all the policies and procedures for the education of the handicapped child.” Id. at 65. 79. In their inspection, the State reviews the school records of the special education students attending nonpublic schools “very thoroughly” and confers with the principal and the teachers in the nonpublic schools. Doc. 257, p. 70. 80. Principals at nonpublic schools in Jefferson Parish at which JPPSS special education teachers serve handicapped students must by contract with the Jefferson Parish School Board enforce, apply, and follow all Jefferson Parish School Board personnel policies and procedures, including but not limited to the Collective Bargaining Agreement, the Teacher Evaluation Program, and the Teacher Assistant Evaluation Program, in the “management and supervision of the teachers” employed by the JPPSS. Ex. S-9. 81. The teaching responsibilities of each JPPSS special education teacher are described in the Individualized Education Program (IEP) of each of the teacher’s students. E.g., Doc. 250, pp. 130, 161. The IEP of each student describes the child’s entire special education curriculum. Pursuant to state regulation, “[t]he responsibility for the development of each initial IEP rests with the [public] school system’s special education supervisor.” Ex. S-5, Special Ed.Regs. § 440.D. 82. Religious instruction is not described in the IEP. 83. No church or religious officials have any authority whatsoever over the content of the IEP. Doe. 250, p. 161. 84. Special education teachers must and do teach only what is outlined in the IEP. Id. at pp. 130, 161. 85. The JPPSS special education teachers at the nonpublic schools do not teach religion. Id. at pp. 131, 168; Doc. 251, p. 63; Doc. 252, p. 27. 86. The special education classrooms within the nonpublic schools are used only for special education instruction. Doc. 250, pp. 86-87, 122-23, 150-51. 87. JPPSS special education teachers at the eight Catholic schools are not required to attend any religious services. Doc. 251, pp. 63, 65; Doc. 252, pp. 26-27; Doc. 253, pp. 38, 87-88; Doc. 254, pp. 65-66. 88. JPPSS special education teachers provide grades (in addition to progress reports) on nonpublic school report cards. “[G]rading is based on the student’s progression through a continuum of skills, with grades reflecting the student’s effort rather than a specific amount or rate of progress.” Ex. S-15, p. 25. 89. Nonpublic school principals may assign JPPSS special education teachers non-teaching custodial duties involving oversight of student safety and behavior — such as lunch duty or bus duty — only in a manner consistent with the Collective Bargaining Agreement. Ex. S-6, Art. 31; Doc. 255, p. 70. 90. Pursuant to the Collective Bargaining Agreement, JPPSS special education teachers may also be required to attend faculty meetings no more frequently than once per month, for one hour. Ex. S-6, Art. 26; Doc. 255, pp. 69-70. 91. In the contract between the JPSB and SESC, it is stated that “[t]eacher evaluation in the non-public schools falls under the auspices of the Jefferson Parish Public School System; therefore, the non-public schools must follow all policies and procedures of the Jefferson Parish Public School System governing teacher evaluation.” Ex. S-9. 92. The contract between the JPSB and SESC also stipulates that in the nonpublic schools, principals and special education teachers shall participate in evaluation and special education policies and procedures. Ex. S-9. 93. The principal at the nonpublic school completes the JPPSS evaluation form for the JPPSS special education teacher assigned to that school. Doe. 251, pp. 35, 83-85, 90; Doc. 255, pp. 59-61. 94. The special education teachers teach throughout the day in self contained or resource classrooms within each Catholic school’s facility. Doe. 254, pp. 23-24, 62. 95. In all schools where it provides special education services, JPPSS requires that classrooms for learning disabled students “be located in the center of the school” because a “central location makes it easier for students to get to their classroom[,] reduces the time they are in transit in the halls [and] allow[s] [the] students to be mainstreamed as needed.” Ex. S-15, p. 28. 96. In most nonpublie schools in Jefferson Parish, special education classrooms are located in the main school building or on the main school campus. Doc. 250, pp. 86, 157-159; Doc. 251, pp. 9, 73-74; Doe. 253, pp. 9-10; Doc. 254, p. 60; Doc. 274, p. 38. The special education classroom is located in a portable unit at St. Christopher’s Elementary School. Doc. 250, p. 159. 97. In the nonpublic schools in Jefferson Parish, there is no sign or other special designation indicating that the special education classroom or area used is a public school classroom or area. Id. at p. 126. 98. The parents of the special education students are informed that the special education teachers are employed by the Jefferson Parish School Board at the yearly IEP meeting. Id. 99. The Director of Special Education for the Jefferson Parish Public School System, Barbara C. Adams, testified that the school system is “not establishing new classes for providing teachers” at nonpublic school sites, but has continued “to provide teachers to those classes who have been in existence and by attrition to gradually phase that component out____” Doe. 254, p. 99. She admitted that the school system is not increasing on-site special education services at other nonpublic schools, and had decreased the number of participating schools since she has been special education director. Id. at p. 100. 100. Ms. Adams agreed that one of the reasons why the school system was not increasing the number of nonpublic schools offering special education services was because the JPPSS was now able to offer those services at public school sites. Id. at p. 101. 101. Ms. Adams also testified that under the current policy for the Jefferson Parish Public School System, a nonpublic school student cannot receive special education services at a public school site. Nonpublic school students can only receive “related services,” such as speech therapy, at a public school site. Id. at pp. 125-26. 102. Louisiana’s IEP Handbook, prepared by the Louisiana Department of Education, states: The public school system is not required to serve voluntarily enrolled students in nonpublie schools. Parents should be informed that in choosing not to accept the available free, appropriate public education, their rights and those of the student to services, due process, and procedural safeguards are limited. Ex. S-13, p. 52. 103. At the time of trial, intervenor, JacLynn Welsch, had a son, Christopher, at St. Angela Merici Catholic School located within Jefferson Parish. Welsch Dep., p. 10. She was employed at St. Angela as a playground monitor and as a substitute teacher. Id. at 32-34. She also performed volunteer work in the school library. Id. at 35. In 1990, she volunteered to assist Jean Douglass, a Jefferson Parish special education teacher who teaches at St. Angela Merici. Id. at 36. 104. Intervenor Welsch indicated that Jean Douglass provides special education services to the upper grades in a classroom which is partially partitioned. Id. at 37. The classroom also serves as the special education room for another special education teacher. Ms. Welsch testified that there is a crucifix in the room. Id. at 38. 105. Mary L. Cerise testified that she is currently employed by the Jefferson Parish Public School System as a special education teacher at St. Angela Merici. Doc. 253, pp. 4-5, 9. Prior to her employment as a special education teacher by the Jefferson Parish Public School System, she was employed by St. Angela Merici for approximately 10 years as an elementary education teacher. Id. at 6. 106. Mrs. Cerise did not remember for certain whether there was a sign posted at the entrance of her classroom indicating the type of classroom, but she did not think there was any designation. Id. at 16. She has told her students that she is employed by the Jefferson Parish Public School System. Id. She stated that the parents became aware of her employment when they signed the child’s Individualized Education Program (IEP). Id. at 16-17. 107. Parent-teacher conferences are held in Mrs. Cerise’s classroom and are scheduled the same day the parents have parent-teacher conferences with other teachers employed by St. Angela Merici. Doc. 253, p. 18. 108. Mrs. Cerise, in testifying about her contacts with the principal of St. Angela Merici, indicated that “we see him in the morning for a cup of coffee in the lounge and during the day he often walks in and out of the classrooms.” Id. at 20. When asked at the trial why the principal walks into her classroom, Mrs. Cerise responded: “I suppose that’s part of his job description.” Id. at 21. 109. Mrs. Cerise testified that the principal was her immediate supervisor in that “[h]is position is to see that [she] implement[s] the program as outlined on the individual educational program and that [she is] carrying out the instructional objectives and trying to meet the needs of each child that is in [her] care.” Id. at 24. 110. No state employee has monitored Mrs. Cerise’s classroom activities. Id. at 25. 111. Prior to her tenure, an employee of the Jefferson Parish Public School System would regularly monitor her files and her classroom activities at the school. Id. However, since she has been tenured, everything that she does is written down clearly on the IEP and “sent to an IEP specialist” and thereafter returned to her stating either that everything was all right or “this or the other had to be done.” Id. at 25. 112. The IEP specialist, Barbara Cavallino, a JPPSS employee, did not visit St. Angela Merici during the present school year, but did visit once during the last school year. Id. at 26. 113. Mrs. Cerise’s contact with the IEP specialist is normally by telephone and occurs when she has an “academically or IEP related” question that she wants clarified. Id. at 40. 114. In addition to the IEP file stored in the classroom of the special education teacher, St. Angela Merici also maintains a separate file on each student in the administrative office of the school. Id. at 29. Those files contain the “cumulative reports which is a copy of the child’s work record and history, academic, behavioral, and what have you on each student as well as the file that keeps the current report cards.” Id. 115. The parochial school, such as St. Angela Merici, issues the report card for each student in the school. In addition, the special education teacher, such as Mrs. Cerise, completes a progress report which is required by the Jefferson Parish Public School System for every special education student. Id. at 30. 116. Mrs. Cerise attends faculty meetings at St. Angela Merici on a monthly basis. Id. at 34. She attended one general workshop for all special education teachers sponsored by the Jefferson Parish Public School System at the beginning of the school year. Id. at 39. 117. During the past school year and at the end of the prior school year, the JPPSS furnished materials and supplies valued at $60.00 to each special education student at St. Angela Merici. Id. at 49. 118. A special education student attending St. Angela Merici who pays full tuition pays an additional $500.00 fee to help “balance out the budget.” Doc. 251, p. 22. 119. A special education student attending St. Agnes pays an additional $300.00 fee. Doe. 252, p. 11. These fees are used to provide a “donation” to SESC. Id. at 12. 120. The Jefferson Parish Public School System does not charge tuition for any of the special educational services stated on the IEP. Doc. 254, p. 154. 121. According to the “Regulations for Implementation of the Exceptional Children’s Act” prepared by the Louisiana Department of Education, “[t]he term ‘free’ does not preclude incidental fees normally charged to nonhandicapped children or their parent(s)/guardian(s) as a part of the regular educational program.” Ex. S-5, p. 17. 122. The principal of the nonpublic school is the supervisor and “formal evaluator” of the special education teachers in that school. Doc. 254, pp. 142-44; Doc. 255, pp. 59-61. 123. The special education teacher at a nonpublic school site is considered by the personnel department of the Jefferson Parish Public School System to be part of the faculty of the nonpublic school. Doc. 255, p. 69. 124. Ms. Janz has “general supervision” of the special education program provided on the premises of the nonpublic schools by the contract between SESC and the JPPSS. Doc. 250, p. 82. She visits the special education classrooms and monitors the evaluations and tñe IEPs of the special education students that are on file. Id. at 85. 125. Barbara Turner Windhorst, the director of special education from June of 1982 until January of 1987, was not aware of any policy established by the Jefferson Parish Public School System which required the director of special education to observe whether religious symbols were present in the special education classrooms. Doc. 255, p. 73. She did not investigate for the presence of religious symbols, and did not recall whether any religious symbols were present in the special education classrooms. Id. at 73-74. 126. Ms. Janz testified that she did not specifically monitor for religious symbols in the special education classrooms, but that if she observed a religious symbol in the classrooms, she “would ask that they remove it.” Doc. 250, p. 188. 127. The State of Louisiana has no policy that requires its employees to inspect the special education classrooms in nonpublic schools for religious symbols. Doc. 257, p. 94. 128. The Court finds that special education teachers employed by the Jefferson Parish School Board provide special education services on the premises of parochial schools. 129. The Court finds that there was no financial incentive for the parents of special education students to choose a nonpublic school. In fact, it is undisputed that the students would have received special education at no cost in the public schools. Instead, the parents of special education students elected to pay an extra charge, in addition to the regular tuition, in order for their children to attend a parochial school. 130. The State of Louisiana is presently disbursing funds to Jefferson Parish to provide special education services to all qualified children in Jefferson Parish, whether they attend public or nonpublie schools. 131. The Court finds that no state, federal, or Jefferson Parish funds are paid directly to SESC or to the parochial schools. Rather, SESC contributes monies to the Jefferson Parish School Board to help pay for the salaries of the JPPSS special education teachers located at the parochial schools. SESC receives its monies from the individual schools providing the special education services. 132. The Court finds that the parochial schools have received a direct economic benefit by furnishing special education services on their premises. The parochial schools receive tuition and a special education surcharge from the special education students, yet they are not responsible for the full salaries of the JPPSS special education teachers. The JPPSS special education teachers are paid by the Jefferson Parish School Board with funds primarily obtained from the State of Louisiana and supplemented by the parochial schools through SESC. 133. The Court also finds that if the special education services were not provided at the nonpublic schools, those special education students would be compelled to attend public schools which provide the necessary services at no charge to the parents. Thus, the nonpublic schools would be deprived of an economic benefit, that is, the tuition and the special education surcharge received from the special education students. CONCLUSIONS OF LAW 1. The Establishment Clause of the First Amendment to the Constitution states that “Congress shall make no law respecting an establishment of religion.” U.S. Const, amend. I. 2. The Establishment Clause has been applied to state governments through the Fourteenth Amendment. Everson v. Board of Education of Ewing Township, 330 U.S. 1, 15, 67 S.Ct. 504, 511, 91 L.Ed. 711 (1947). 3. An institution can be deemed “pervasively sectarian” if within that institution “ ‘religion is so pervasive that a substantial portion of its functions are subsumed in the religious mission.’ ” Bowen v. Kendrick, 487 U.S. 589, 610, 108 S.Ct. 2562, 2574, 101 L.Ed.2d 520 (1988) (quoting Hunt v. McNair, 413 U.S. 734, 743, 93 S.Ct. 2868, 2874, 37 L.Ed.2d 923 (1973)). 4. The Court has already determined that the parochial schools operated under the auspices of the Archdiocese of New Orleans are pervasively sectarian. Doe. 220. Thus, the Court finds that Immaculate Conception High School, Archbishop Rummell High School, St. Agnes Elementary School, St. Angela Elementary School, St. Benilde Elementary School, St. Christopher Elementary School, St. Francis Xavier Elementary School, and St. Mary Magdalen Elementary School are pervasively sectarian. 5. No evidence was submitted at the trial to show that Chinehuba Institute for the Deaf is a pervasively sectarian institution. Thus the Court finds that Chinehuba Institute for the Deaf is not a pervasively sectarian institution. 6. The Court finds that Hope Haven/Madonna Manor is not a pervasively sectarian institution. 7. In 1971, the Supreme Court decided Lemon v. Kurtzman, 403 U.S. 602, 612-13, 91 S.Ct. 2105, 2111-12, 29 L.Ed.2d 745 (1971), which set forth a three part test to analyze Establishment Clause cases: “First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion ...; finally, the statute must not foster ‘an excessive government entanglement with religion.’ ” (Citations omitted). The Lemon test has been much criticized by various Justices, but the decision has not yet been overruled. See Lamb’s Chapel v. Center Moriches Union Free School Dist., — U.S.-,-n. 7, 113 S.Ct. 2141, 2148 n. 7, 124 L.Ed.2d 352 (1993). The Lamb’s Chapel majority noted in a footnote that: there is a proper way to inter an established decision and Lemon, however frightening it might be to some, has not been overruled. This case, like Corporation of Presiding Bishop of Church of Jesus Christ of Latter-Day Saints v. Amos, 483 U.S. 327, 107 S.Ct. 2862, 97 L.Ed.2d 273 (1987), presents no occasion to do so. Id. Thus even though Lemon has not been overruled, its continuing vitality appears to be in question. 8. In Zobrest v. Catalina Foothills School District, — U.S.-, 113 S.Ct. 2462, 125 L.Ed.2d 1 (1993), the United States Supreme Court most recently addressed the Establishment Clause. Chief Justice Rehnquist delivered the opinion of the Court. The Supreme Court did not apply the Lemon test, even though the Court of Appeals had applied Lemon. Id. — U.S. at---, 113 S.Ct. at 2464-65. Instead the Zobrest Court applied the reasoning in Mueller v. Allen, 463 U.S. 388, 103 S.Ct. 3062, 77 L.Ed.2d 721 (1983), and Witters v. Washington Dep’t of Services for Blind, 474 U.S. 481, 106 S.Ct. 748, 88 L.Ed.2d 846 (1986), two cases decided using the Lemon test. Id. — U.S. at-- -, 113 S.Ct. at 2466-67. The Zobrest Court found that the facts in that case more closely resembled Mueller and Witters, rather than Meek v. Pittenger, 421 U.S. 349, 95 S.Ct. 1753, 44 L.Ed.2d 217 (1975), and School Dist. of Grand Rapids v. Ball, 473 U.S. 373, 105 S.Ct. 3216, 87 L.Ed.2d 267 (1985), which also were decided using the Lemon test. Id. — U.S. at---, 113 S.Ct. at 2468-69. In Mueller and Witters, the Establishment Clause challenges were rejected; in Meek and Ball, however, the state statutes were struck down as being in violation of the Establishment Clause. Zobrest, — U.S. at ---, 113 S.Ct. at 2466-69. 9. The Zobrest Court held that the Establishment Clause does not bar a school district from furnishing a handicapped child with a sign-language interpreter at a parochial school “in order to facilitate his education.” — U.S. at-, 113 S.Ct. at 2469. The Zobrest Court found important the manner of funding of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1485. First, the Court found that providing the sign-language interpreter did not “relieve[ ] sectarian schools of costs they otherwise would have borne in educating their students.” Id. — U.S. at-, 113 S.Ct. at 2468. Second, the Court found that “any attenuated financial benefit that parochial schools do ultimately receive from the IDEA is attributable to ‘the private choices of individual parents.’ ” Id. — U.S. at-, 113 S.Ct. at 2469. Third, parochial schools are only “incidental beneficiaries” and handicapped children are the primary beneficiaries of the IDEA. Id. Finally, the Zobrest Court found that “the function of the IDEA is hardly ‘to provide desired financial support for nonpublic, sectarian institutions.’ ” Id. (quoting Witters, 474 U.S. at 488, 106 S.Ct. at 752). 10. The Zobrest Court highlighted the fact that the program did not create a “financial incentive for students to undertake sectarian education.” — U.S. at -, 113 S.Ct. at 2467. The “only indirect economic benefit” to the parochial school was perhaps the child’s tuition, and even this benefit is based on the presumption that without the interpreter, the deaf child would have gone to another school and the parochial school would not have been able to fill that child’s spot. Id. — U.S. at-, 113 S.Ct. at 2468. 11. The Zobrest Court stated that the Supreme Court has “consistently held that 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.” Id. — U.S. at-, 113 S.Ct. at 2466. 12. The Court finds that the parents of the special education students in the eight parochial schools in Jefferson Parish operated by the Archdiocese of New Orleans “have chosen of their own free will” to place their children in a “pervasively sectarian environment.” Id. — U.S. at-, 113 S.Ct. at 2469. 13. Since the facts of the instant case also involve the presence of a public employee on the premises of a parochial school, this Court will follow the example of the Zobrest Court and will decide whether the instant case more closely resembles Mueller and Witters or Meek and Ball. 14. The Zobrest Court distinguished School Dist. of Grand Rapids v. Ball, 473 U.S. 373, 105 S.Ct. 3216, 87 L.Ed.2d 267 (1985), which struck down public school programs which provided public school teachers on private school premises as well as instructional equipment and material. The Zobrest Court found that the programs challenged in Ball “in effect subsidize® the religious functions of the parochial schools by taking over a substantial portion of their responsibility for teaching secular subjects.” — U.S. at -, 113 S.Ct. at 2468. On the other hand, the providing of a sign-language interpreter on the premises of a sectar