§604a Services Provided by Charitable, Religious, or Private Organizations

Summary

States may let charities, religious groups, or private organizations run certain federal programs, or let people use certificates, vouchers, or similar payments at those groups. This applies to a State program funded under this part and to other programs under Title I or II that allow contracts or vouchers. States must do this in a way that follows the Constitution’s rule against the government favoring religion. Religious groups may be treated like any other contractor. They keep control over their beliefs, worship, symbols, and how they are run, and they cannot be forced to change those things to get or keep a contract. If someone objects to getting help from a religious provider, the State must give that person an alternative provider of equal value that they can use in a reasonable time. Federal funds may not pay for sectarian worship, religious instruction, or trying to convert people. Religious employers keep their special hiring rule under federal law. Religious providers may not refuse help to people because of their religion or because someone won’t join religious activities. They follow the same financial rules as other contractors, unless they put federal funds in a separate account (then only those funds are audited). People can sue in State court to stop violations. States may still enforce their own laws that bar using State money with religious organizations.