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Understanding the Impact of State & Federal Aid on the Catholic Identity of Colleges and Universities in New York State

Fernando Ontiveros St. John Fisher College, [email protected]

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Publication Information Ontiveros, Fernando, "Understanding the Impact of State & Federal Aid on the Catholic Identity of Colleges and Universities in New York State" (2017). Biology Faculty/Staff Publications. Paper 31. https://fisherpub.sjfc.edu/biology_facpub/31 Please note that the Publication Information provides general citation information and may not be appropriate for your discipline. To receive help in creating a citation based on your discipline, please visit http://libguides.sjfc.edu/citations.

This document is posted at https://fisherpub.sjfc.edu/biology_facpub/31 and is brought to you for free and open access by Fisher Digital Publications at St. John Fisher College. For more information, please contact [email protected]. Understanding the Impact of State & Federal Aid on the Catholic Identity of Colleges and Universities in New York State

Abstract There are close to 200 institutions of higher education in the US that claim a Catholic identity. The degrees to which the values and attitudes proclaimed by this identity are actually experienced by students on campus varies widely across the country. One of the defining influences on the institutional history and leadership composition of many colleges and universities founded by religious orders has been the availability of governmental monetary support, in particular during the last five decades. Federal and state laws regarding the use of public funds to support higher education at institutions with a religious affiliation have prompted changes in the culture of these organizations. This work provides an introduction to the relevant sources of aid, legislation and related documents affecting Catholic institutions of higher education, particularly in New York State. It presents a historical perspective and analysis addressing the degree to which changes in Catholic identity were prompted by attempts to conform to perceived or real aideligibility guidelines.

Keywords fsc2017

Disciplines Biology

Comments Presented at the Society of Catholic Scientists Origins Conference in Chicago, Illinois, in April 2017.

This poster presentation is available at Fisher Digital Publications: https://fisherpub.sjfc.edu/biology_facpub/31 Understanding the Impact of State & Federal Aid on the Catholic Identity of Colleges and Universities in New York State

Biology Department, St. John Fisher College. 3690 East Ave, Rochester, NY 14618 Fernando Ontiveros, PhD.

Abstract Catholic Identity Considerations There are close to 200 institutions of higher education in the US that claim a A student enrolled in a Catholic university should experience “the joy of a) The aid-eligibility requirements motivated by the “Blaine Catholic identity. The degrees to which the values and attitudes proclaimed searching for, discovering and communicating truth” (JPII). amendment” and based on the Horace Mann case have 6,13,21 by this identity are actually experienced by students on campus varies widely Attributes of a Catholic university : prompted or catalyzed a dramatic change in the culture of religious academic institutions in NYS. across the country. One of the defining influences on the institutional history a) A welcome to all that seek to explore the truth, the good and the beautiful. and leadership composition of many colleges and universities founded by b) The pursuit of knowledge to achieve the common good. b) The NYS Constitution and the Bundy requirements are religious orders has been the availability of governmental monetary support, c) The will to challenge anything that diminishes human dignity. significantly more restrictive than the US Constitution and in particular during the last five decades. Federal and state laws regarding the d) A connection to the great teachers in the Catholic intellectual tradition. several landmark Supreme Court decisions. e) A sense of unity, ownership and rationality within the membership of the c) A court is likely to rule that NYS discriminates on the base of use of public funds to support higher education at institutions with a academic community. religion, violating the First Amendment and the Establishment religious affiliation have prompted changes in the culture of these f) A faculty composed in its majority by Catholics willing to promote the Clause. institution’s identity. organizations. This work provides an introduction to the relevant sources of d) The availability of “conditioned” aid places religious aid, legislation and related documents affecting Catholic institutions of “In regard to faculty members at Catholic colleges and universities, I wish to reaffirm the institutions at a disadvantage and harms student choice. great value of academic freedom. In virtue of this freedom you are called to search for the higher education, particularly in New York State. It presents a historical truth wherever careful analysis of evidence leads you. Yet it is also the case that any appeal to e) Academic accreditation for non-religious formation should perspective and analysis addressing the degree to which changes in Catholic the principle of academic freedom in order to justify positions that contradict the faith and the suffice to meet aid-eligibility criteria. teaching of the Church would obstruct or even betray the university's identity and mission; a identity were prompted by attempts to conform to perceived or real aid- mission at the heart of the Church's munus docendi and not somehow autonomous or f) In spite of these constraints, many academic institutions in the eligibility guidelines. independent of it.” (Benedict XVI) state have maintained a religious identity.

The 1800’s The 1960’s Higher Education Act of 1965 NYS “Bundy Aid” (1968) & TAP Public schools in the 1800’s were de-facto Christian Institutions of higher education with religious affiliation This document is an important example in which the This aid program spearheaded by Gov. Rockefeller was meant to help private institutions (protestant) schools. It was not until the 1960’s that in NYS faced several challenges: federal government delineates the eligibility of religious of higher education that were in financial trouble at the time. It conflicted, however, with prayer and Bible reading were banned. With the institutions to receive financial aid, properly taking into the state “Blaine amendment”; a repeal of the amendment failed, so a questionnaire for arrival of Irish and later Italian Catholic immigrants, i) Small endowments. consideration the First Amendment and the eligibility was established and it is still in use (based on the Horace Mann case (MD), Less money Establishment Clause. It emphasizes that the government which does not follow US Supreme Court standards.) requests for public funding of Catholic schools was ii) Decline in religious vocations. Less students 1) Institutions may have no denominational control. Boards must be self-perpetuating and a majority denied by the protestant majority (funding would iii) Decline in birth rate. Less Catholic faculty should not control or influence any aspect of the (51%) must be laypersons. (Laypersons appointed by a Bishop, for example, would be unacceptable) only be available to “non-sectarian” schools), iv) SUNY competition. Less confidence institutional culture. 2) Institutions may not require courses in religious doctrine or philosophy. Materials such as catalogs giving rise to the anti-catholic (38) state Blaine v) Self-criticism/Identity crisis . “No loan may be made under this part for any educational detailing degree requirements may be used as evidence. amendments. This was a time in US history in which program, activity or service related to sectarian instruction or When an institution applies for BUNDY aid, a review committee is appointed to examine anti-immigrant and anti-catholic sentiment motivated The identity crisis has its foundations in the lack of religious worship or provided by a school or department of divinity the institution’s administration and religious links. This examination is based on review of a polarization of society and gave rise to institutions understanding of the role of Catholic institutions within or to an institution in which a substantial portion of its functions is subsumed in a religious mission.” materials submitted by the institution and a site visit made by one or more committee like parochial schools and the Knights of Columbus. the world of higher education in the US at this time. For members (normally a theologian). Results of the committee’s findings are provided to the example, the American Association of University “Nothing in this title shall be construed to permit, allow, Commissioner who makes a decision regarding the institution’s eligibility for aid. The “the exclusion of pervasively sectarian schools from Professors stated that “higher education must be free of encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home result of this requirements have been the laicization of board of trustees and the otherwise permissible aid programs” represents a religious or ideological restraints”. At the same time, amendment of institutional charters. Since the 1990s, only a fraction of Bundy aid is “doctrine, born of bigotry, [that] should be buried Vatican II is understood as a revolution that would bring school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, appropriated (~25%). Students attending eligible institutions can receive Tuition ” US Supreme Court opinion in Mitchell v. Helms, 2000. the Church in direct contact with secularizing influences. now. religious, or home schools from participation in programs or Assistance Program (TAP), which is a billion dollars a year program in tuition assistance services under this title. “ Land O’ Lakes (1968) NYS “Blaine amendment” 1844/1894 Some relevant court decisions Ex Corde Ecclesiae Excelsior Scholarship (2017) The International Federation of Catholic Universities is In the footsteps of a failed US Constitutional founded in July 1965. The american chapter (formed by Judd case: ban transportation for parochial schools. Smith case: Apostolic Constitution promulgated in 1990 Offers free college tuition (at SUNY and amendment in 1875, several states amended their administrators of Catholic colleges) comes together in 1968 ban textbooks for parochial schools. Horace Mann (MD) case: by Pope John Paul II seeks to clarify the CUNY) to families making up to $125K constitutions to include laws that would bar funding to write a document meant to shape Catholic institutions of ban economic aid (for buildings). Allen case: provide purpose and role of Catholic colleges and a year. A comparatively cheap approach transportation, textbooks and aid for parochial schools. Sargent of “sectarian” public schools. The NYS “Blaine higher learning. The document seeks: universities. Some key points: ($168 million the first year) to make “True autonomy and academic freedom in the face of case: provide aid to nun-run orphanage. Petrone case: provide amendment” states: nursing services for parochial schools. Nyquist case (NY): - Search for and communicate truth. college free, it comes with some strings authority of whatever kind, lay or clerical, external to the religious affiliation not an impediment to aid-eligibility in NYS. - Free expression of cultural diversity. attached. It originally intended to draw “Neither the state nor any subdivision thereof, shall use its academic community itself.” property or credit or any public money, or authorize or - Bishops have a duty to preserve identity. funding from a tuition assistance -Transition into a “modern university” “the pernicious tendency of a state subsidy to tempt religious - Serve public interest, preserve diversity of program (TAP) that helped students permit either to be used, directly or indirectly, in aid or -Autonomy from diocese schools to compromise their religious mission without wholly maintenance, other than for examination or inspection, of any educational institutions. attending private institutions. Opponents -Increase in “administrative sophistication” abandoning it. The disease of entanglement may infect a law school or institution of learning wholly or in part under the - Have the right to expect authorities to cite that the program will put private -“Gain respectability in the academic world” discouraging wholesome religious activity as well as a law control or direction of any religious denomination, or in encouraging the propagation of a given faith.” Justice Stevens recognize and defend autonomy and colleges in disadvantage and may result which any denominational tenet or doctrine is taught…” By the 1970’s Catholic educators and administrators are no longer sure of what the institutional Catholic identity means. opinion in Roemer v Board of Public Works US 1976 academic freedom and to financial support. in the reduction of educational choice. Bibliography 1. NYS Constitution. 2. Legislation: Pierce v. Sisters of the Holy Names of Jesus and Mary (US 1925), Everson v. 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Higher Education Act of 1965, US Congress. 19. blogs.law.columbia.edu NY city pre-K programs Church-state problem, 2016. 20. Manion, M. The impact of state aid on sectarian higher education: the case of New York State. The Review of Politics, 498(2), 1986. 21. Brady, J. On the meaning of the “Catholic Intellectual Tradition”, J Catholic High Ed. 32(2) 189-205, 2013. 22. A reason Open to God, Pope Benedict XVI (compiled by Garvey, J.) 2013. 23. Dosen, A. Maintaining Ecclesial Identity in Christian Higher Ed. Christian Higher Ed. 11(1) 28-43, 2012. 24. Gellhorn W. and Greenwalt RK. Public support and the sectarian university. 38 Fordham L. Rev. 395, 1969-1970. 25. O’Keefe E. The influence of NYS state aid to private colleges and universities (1968) on the process of change taking place in Catholic institutions of higher learning. PhD dissertation. University of Buffalo, 1974. Image taken from Collegium Magazine, Fall 2016. St. John Fisher College.