Smith v. Board of Governors of University of North Carolina

429 F. Supp. 871
CourtDistrict Court, W.D. North Carolina
DecidedMarch 30, 1977
DocketC-C-76-131
StatusPublished
Cited by2 cases

This text of 429 F. Supp. 871 (Smith v. Board of Governors of University of North Carolina) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Board of Governors of University of North Carolina, 429 F. Supp. 871 (W.D.N.C. 1977).

Opinions

PER CURIAM:

A statutory three-judge court was convened to consider this constitutional challenge to North Carolina statutes extending tuition grants and scholarships to students enrolled in church-related colleges. The challenge is not to the entire program in a vacuum, but it is contended that sectarianism is so pervasive at Belmont Abbey College and Pfeiffer College that state tuition grants and scholarships to students at those institutions are in violation of the First Amendment. It is not contended that such pervasiveness is present at other church-related institutions, such as Duke University.

I.

NORTH CAROLINA’S PROGRAMS

North Carolina has three separate programs which channel state funds into tuition assistance for North Carolina residents attending independent colleges in North Carolina, including church-related ones.

A.

The first, enacted in 1971 (N.C.G.S. § 116-19, et seq.) was enacted as a result of a general study of higher education in North Carolina. The study resulted in some reformation of the system of state institutions and a recognition of the state’s need to keep private and independent colleges in the state financially healthy and viable and open to North Carolina residents. It was recognized that their tuition costs were relatively high and that many deserving North Carolina students could not afford to attend them.

Under the 1971 statutes, as amended, funds are granted to the private colleges in the state, including those with church relations, on the basis of the number of North Carolina resident students enrolled in them on a full time basis. These funds are disbursed by the North Carolina Board of Higher Education to individual colleges under contracts which obligate the colleges to use the funds for scholarship assistance to financially needy North Carolina resident students. To participate, a college must be accredited by the Southern Association of Colleges and Schools and must not be a “seminary Bible school, Bible college or similar religious institution.” By an amendment adopted in 1975,1 the scholarships may be granted only for secular education. By an amendment enacted in 1976,2 each recipient college must keep the funds received from the state in a separate, identifiable account, and it must notify each scholarship recipient of the source of the funds. At the end of each year, any funds unused for the authorized purpose must be returned to the state. The current contracts between the [873]*873Board and the colleges specifically exclude from scholarship eligibility any student pursuing a course of study primarily designed to prepare the student for a career in a religious vocation.

The principal officer of each participating institution is required to submit certificates and reports showing compliance with the requirements of the statutes, the Board’s regulations and the contract provisions, including a certification that all of the funds are used for secular educational purposes only. The Board has required no post-year audits of the records of the colleges, but has required reports showing in detail the disbursement of the funds.

B.

Because of the higher tuition costs in private institutions, the growing enrollment in state institutions and the limitation of the 1971 program to scholarships for needy students, in 1975 there was enacted another tuition grant program.3 Under this statute, the State Education Assistance Authority was authorized and directed to grant $200 for each academic year to each North Carolina resident attending a qualified college in North Carolina on a full time basis. The qualified colleges were the same as those qualified to participate in the 1971 scholarship program. Each qualified student attending an approved institution on a full time basis must apply for the tuition grant. The participating college then certifies the eligibility of each applying student, whereupon the Authority disburses to each approved college the sum of $200 multiplied by the number of eligible students enrolled on a full time basis in that institution. No cash is remitted to the students, but each participating student receives a credit of $200 on his bill, and the regulations require that each student receive notice of the tuition reduction. The statute provides that these funds may be used for secular educational purposes only, and the regulations specifically provide for the exclusion of any student enrolled in a program designed as preparation for a religious vocation.

The Authority has conducted post-year audits of seven participating colleges, including Belmont Abbey and Pfeiffer. The first of these was said to have taken one and one-half days, but later ones took as little as one-half day each. The procedure was said to be quick, mechanical and not judgmental.

C.

In 1975, the North Carolina legislature decided to participate in the federal program of “Grants to States for State Student Incentives”.4 Five Hundred Thousand Dollars ($500,000) in state funds were appropriated for its participating share for the year 1975-76, and $650,000 as its share for 1976—77.5 These funds are administered by the State Education Assistance Authority, and they are available for scholarship grants to post-secondary school undergraduate students “on the basis of substantial financial need.”6 The Authority has contracted with College Foundation, Inc., a non profit institution, for administrative assistance in identifying eligible students with the greatest financial need.

In addition to showing greater financial need, a student applicant for assistance under this program must show that he is a resident of North Carolina and enrolled in an approved institution in that state, whether public or private, on a full time basis. Under North Carolina’s regulations, no student pursuing a program of instruction designed as preparation for a religious vocation is eligible.

North Carolina’s student selection criteria have been approved by the Federal Commissioner of Education.

II.

THE COLLEGES

In the organization and structure of the two colleges involved in these proceedings, [874]*874there appears to be a pervasive sectarianism, but that sectarianism is not pervasively evident in their actual operation. The evidence shows them to be liberal arts colleges functioning in the liberal arts tradition. They are not engaged in proselytizing students or any one else.

BELMONT ABBEY COLLEGE

Belmont Abbey College was founded by the Benedictine Monks of Belmont Abbey Monastery. The financial affairs of the Monastery are conducted by The Southern Benedictine Society, Inc., an eleemosynary corporation controlled by a Board of Trustees of whom three are appointed by the Abbot and three are elected by the Benedictine Monks of the Monastery. The Southern Benedictine Society, Inc. owns income producing properties. It maintains the Monastery and a cathedral; it pays for the living expenses of all members of the Abbey, and it makes charitable contributions.

The Southern Benedictine Society, Inc. is the owner of the entire campus occupied by Belmont Abbey College. It is leased, rent free, to Belmont Abbey College, Inc., which maintains the college buildings and campus and services any debt that may be placed upon any of the leased buildings. Belmont Abbey College, Inc.

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Related

Ala. Ed. Ass'n v. James
373 So. 2d 1076 (Supreme Court of Alabama, 1979)
Smith v. Board of Governors of University of North Carolina
429 F. Supp. 871 (W.D. North Carolina, 1977)

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Bluebook (online)
429 F. Supp. 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-board-of-governors-of-university-of-north-carolina-ncwd-1977.