As part of a comprehensive federal aid-to-education program, Congress included the following provisions as conditions for state receipt of federal funds: (1) Whenever textbooks are provided to students without charge, they must include no religious instruction and must be made available on the same terms to students in all public and private schools accredited by the state educational authority. (2) Salary supplements can be paid to teachers in public and private schools, up to 10 percent of existing salary schedules, where present compensation is less than the average salary for persons of comparable training and experience, provided that no such supplement is paid to any teacher who instructs in religious subjects. (3) Construction grants can be made toward the cost of physical plant at private colleges and universities, provided that no part of the grant is used for buildings in which instruction in religious subject matters is offered."Federal taxpayer Bates also challenges the construction grants to church-operated private colleges and universities. The most likely result is that the construction grants will be
sustained, because aid to one aspect of an institution of higher education not shown to be pervasively sectarian does not necessarily free it to spend its other resources for religious purposes.  sustained, because bricks and mortar do not aid religion in a way forbidden by the establishment clause of the First Amendment.  held unconstitutional, because any financial aid to a church-operated school strengthens the religious purposes of the institution.  held unconstitutional, because the grants involve or cause an excessive entanglement with religion