Fourth Circuit Rules in Favor of Private Schools

Private school advocates are applauding a recent ruling from the Fourth Circuit Court of Appeals declaring that 501(c)(3) nonprofit status does not constitute receipt of federal financial assistance. The 4th Circuit decision overturns a stunning lower court ruling from the summer 2022 which ruled that tax-exempt status is a form of federal financial assistance. That lower court decision would require private schools and other nonprofits to comply with a range of federal regulations, even if they do not accept federal funds.
CAPE signed a letter supporting an amicus brief on behalf of the appeal. While this ruling is helpful, legislation from Congress remains a priority to cement this clarification into law. CAPE has expressed support for the Safeguarding Charity Act, introduced by Senator Marco Rubio and Representative Greg Steube, which would clarify that tax-exempt status is not federal financial assistance. Read more!

New Book on Educational Pluralism

Ashley Rogers Berner, director of the Johns Hopkins Institute for Education Policy (and CAPE board member), has a thought provoking new book out: Educational Pluralism and Democracy. “The argument of the book,” Berner says, “is that when governments fund a variety of schools equally and hold them accountable for academic results, kids benefit.” Berner shows how this sort of pluralism is rooted in the American tradition and is common in other countries around the world. Read more in John Hopkins Magazine.

Webinar Invitation on Equitable Services for Private Schools

The Department of Education is hosting a webinar on equitable services under ESEA.

Date: Tuesday, April 16, 2024, 1:00 PM — 2:00 PM. Register here.

EdChoice: How Choice Transforms Education for Students with Disabilities

To mark the end of Disabilities Awareness Month in March, EdChoice highlighted special needs choice programs across our nation. The U.S. currently has over 25 choice programs specifically targeted to serve students with disabilities, delivered through education savings accounts, tax credits, tax credit scholarships, and vouchers. See the full list.


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