194-B:7 Chartered Public Schools; Secular or Nonsecular Determination. –
For purposes of determining whether a proposed chartered public school is a prohibited religious school, the following 3-part test set forth by the United States Supreme Court shall be used.
I. The school shall have a secular purpose.
II. The school’s "primary effect" shall neither advance nor prohibit religion.
III. The school shall not foster "excessive entanglement" between the school and religion.
Source. 1995, 260:6. 2008, 354:1, eff. Sept. 5, 2008.