A state law in New York was passed to reimburse church and nonpublic secular schools for cost associated with mandatory testing and reporting services. Covered tests and examinations included both state prepared, and more common teacher prepared exams. The Court struck this down. Almost immediately a new law was passed that only reimbursed for the mandatory state tests. The District Court invalidated the new law under the reasoning in Meek (substantial aid to the educational function necessarily results in aid to the sectarian school enterprise as a whole). Under the Levitt II case, we held that state aid may be extended but only if that aid will have secular value and does not present any appreciable risk of being used to aid transmission of religious views. Under this re-review, the District Court found that there was no violation of the Establishment Clause.

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