Cite as: 530 U. S. 793 (2000)
Opinion of Thomas, J.
quirement is haphazard, see App. 113a, and, even if the requirement were followed, we fail to see how a label prevents diversion.16 In addition, we agree with the dissent that there is evidence of actual diversion and that, were the safeguards anything other than anemic, there would almost certainly be more such evidence. See post, at 903, 906- 910.17 In any event, for reasons we discussed in Part II-B-2,
projectors, the record appears to be just a sign-out sheet, and the LEA official simply checks whether "the recordation of use is attempted." Id., at 143a. The contact person is not a teacher; monitoring does not include speaking with teachers; and the LEA makes no effort to inform teachers of the restrictions on use of Chapter 2 equipment. Id., at 154a-155a. The contact person also is usually not involved with the computers. Id., at 163a. Thus, the contact person is uninvolved in the actual use of the divertible equipment and, therefore, in no position to know whether diversion has occurred. See id., at 154a. Unsurprisingly, then, no contact person has ever reported diversion. Id., at 147a. (In Agostini, by contrast, monitors visited each classroom—unannounced—once a month, and the teachers received specific training in what activities were permitted. 521 U. S., at 211-212, 234.) The head of the Jefferson Parish LEA admitted that she had, and could have, no idea whether Chapter 2 equipment was being diverted: "Q: Would there be any way to ascertain, from this on-site visit, whether the material or equipment purchased are used not only in accordance with Chapter 2 plan submitted, but for other purposes, also?
"A: No.
"Q: Now, would it be your view that a church-affiliated school that would teach the creation concept of the origin of man, that if they used [a Chapter 2] overhead projector, that would be a violation . . . ?
"A: Yes.
"Q: Now, is there any way, do you ever ask that question of a church-affiliated school, as to whether they use it for that purpose?
"A: No." App. 144a, 150a-151a.
See id., at 139a, 145a, 146a-147a (similar).
16 In fact, a label, by associating the government with any religious use of the equipment, exacerbates any Establishment Clause problem that might exist when diversion occurs.
17 Justice O'Connor dismisses as de minimis the evidence of actual diversion. Post, at 864-865 (opinion concurring in judgment). That may be, but it is good to realize just what she considers de minimis. There is
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