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Source Freedom of Religion Delaware Bar Exam Topic Index Matched to this deck.

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State pays tuition for students in rural districts that lack public high schools. Parents may choose any accredited private school except a school that provides religious instruction. Parents who chose an accredited religious school challenge the exclusion.
Which statement is most accurate?

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The exclusion is constitutional because the government never has to fund religious schools once it funds secular private schools. The exclusion likely violates free exercise because the state made a public benefit generally available but excluded schools because they provide religious instruction. The exclusion is valid if the state calls the school religious rather than secular. The exclusion is valid because strict scrutiny never applies to funding conditions.

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