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On Demand

A Crumbling Wall? Religious Institutions and Public Education Funding


Total Credits: 1.5 CLE

Average Rating:
   8
Categories:
Miscellaneous |  Appellate Practice & Advocacy |  Constitutional Law
Faculty:
Timothy David Keller |  David D Garner |  Paul Vincent Avelar |  Bradley John Pew |  Bryan David Neihart |  Bethany Sarah Miller
Format:
Audio and Video
Original Program Date:
May 02, 2025


Description

For over 50 years, the Supreme Court has interpreted the Establishment Clause of the US Constitution to require public education to be non-religious. From statehood, Arizona's Constitution has prohibited "appropriation of public money in aid of any ... private or sectarian school." But in Carson v. Makin (2022) and Espinoza, et al v. Montana Department of Revenue (2020), the U.S. Supreme Court upheld programs that allow tax dollars to flow to religious schools. This Spring, the Court will again consider the constitutionality of religious charter schools in Oklahoma Statewide Charter School Bd. v. Drummond. Arizona has two public aid programs which parents can use to pay for private education--even at religious institutions. How has the law evolved to allow these things, and how might Drummond impact it further? Join education law experts as they discuss Arizona education law and its place within the religion clauses of the Arizona and US Constitutions as well as its legal future.

Faculty:
David D. Garner, Osborn Maledon PA 
Tim Keller, The Center for the Rights of Abused Children
Bryan Neihart - Senior Counsel, Alliance Defending Freedom
Moderated by Paul Avelar, Institute for Justice Arizona Office

This program has been evaluated by the State Bar and will not provide partisan or political views. 

Handouts

Faculty

Timothy David Keller Related Seminars and Products


is Senior Vice President and Legal Director at the Center for the Rights of Abused Children, where he defends the constitutional rights of abused and abandoned children. His work focuses on protecting children from abuse, securing timely and permanent placements, and ensuring legal representation. Tim also oversees the Center’s pro bono Children’s Law Clinic. Inspired by fostering children, Tim is passionate about advocating for their right to counsel. He previously worked at the Institute for Justice, where he focused his practice on defending school choice programs and led teams in two U.S. Supreme Court victories. Tim lives in Chandler with his wife, Lisa, their four sons, one daughter-in-law, and their dog, Gus, whose popular Instagram account has nearly 12,000 followers.


David D Garner Related Seminars and Products


is a school attorney with Osborn Maledon PA in Phoenix, Arizona. Dave is a former high-school English teacher and took his love for schools with him into the practice of law. For nearly twenty-five years, he has regularly represented charter schools and other public, K-12 schools, as well as institutions of higher education, in litigation, administrative hearings, board governance matters, employment matters, student matters, policy advice, and day-to-day issues of all stripes. His practice has included representing schools in litigation involving constitutional challenges, including issues arising under the Establishment and Free Exercise Clauses of the First Amendment. Dave is a frequent presenter on both the national and local level and enjoys helping schools avoid legal pitfalls and be prepared to effectively defend themselves when litigation is ?necessary. When not practicing law, Dave is an avid runner and hiker who can regularly be found in the Grand Canyon and other trails throughout the Southwest. He posts his favorite hiking photos on Instagram @azhikingfotos.


Paul Vincent Avelar Related Seminars and Products

Managing Attorney

Institute for Justice Arizona Chapter


is the Managing Attorney of IJ’s Arizona Office. He has worked at IJ for 15 years, litigating free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts nationwide. Prior to IJ, Paul worked as an attorney in Philadelphia representing pharmaceutical companies in civil litigation and government investigations. He clerked for Judge Roger Miner on the U.S. 2nd Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals. He received his law degree from the Arizona State University College of Law and his undergraduate degree from Princeton University.


Bradley John Pew Related Seminars and Products


is an attorney at Brown & Brown Law Offices, P.C., located in St. Johns, Arizona. His practice focuses on environmental litigation, water rights, and appeals. Bradley earned his J.D. from Brigham Young University’s J. Reuben Clark Law School. In 2024, he was selected to the Super Lawyers Rising Stars list. Prior to his tenure at Brown & Brown, Brad worked at Fennemore, a prominent Arizona law firm. During his time there, he was recognized for his pro bono work, earning the designation of a Top Pro Bono Attorney for 2023 by the Arizona Bar Foundation.


Bryan David Neihart Related Seminars and Products


serves as senior counsel with Alliance Defending Freedom, where he is a member of the Center for Conscience Initiatives. He has represented artists, licensed professionals, and organizations to protect their freedom to express their faith in the public square, including 303 Creative LLC v. Elenis at the U.S. Supreme Court. Before joining ADF, Neihart clerked for judges on the U.S. District Court for the District of Colorado and the Colorado Court of Appeals. He also practiced law with a litigation firm in Denver and represented businesses, insurance companies, and hospitals in both federal and state courts. Neihart earned his J.D. from the Sturm College of Law of the University of Denver and an M.A. in international human rights from the Josef Korbel School of International Studies. He is a member of the state bars of Arizona and Colorado. When he’s not working, Bryan spends time with his family, hikes, and manages a fantasy football league.


Bethany Sarah Miller Related Seminars and Products


is Legal Counsel for the Center for Arizona Policy, a nonprofit advocacy organization committed to promoting and defending the foundational principles of life, marriage and family, and religious freedom in Arizona. In her role, Miller focuses on advocating for parental rights and educational freedom. She has been actively involved in discussions and legislative efforts related to these issues, including participating in CAP's Summer Issues Series to discuss navigating the complexities of parental rights in education. A fourth generation Arizonan, Miller holds undergraduate degrees in English literature and politics from Arizona State University where she also received her law degree, cum laude. She is also a mother of four and educates her children at home, providing her with firsthand experience in the challenges and opportunities of parental involvement in education.


Reviews

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Overall:      4.8

Total Reviews: 8

Comments

George D

"On point. Timely. Thorough. Neutral."

Kenneth B

"Very good legal analysis and practical application"

Timothy T

"good speakers"

Christopher S

"I thought all of the panelists were experts in this field and presented well."

John T

"It provided context of the law--state and federal--impacting charter schools and religion"

Suzanne M

"Very informative; well prepared"