A judge says the state cannot reimburse private and parochial schools for any expenses, even if they’re the result of state mandates.
The judge was responding to a legal challenge to the state budget
A provision in the state budget allows private and parochial schools to be reimbursed for state-required health and safety requirements. The challenge says that runs afoul of the state constitution, which bans direct or indirect public funding for private or parochial schools.
The judge’s opinion says the ban is not religious discrimination.
Don Wotruba with the Michigan Association of School Boards says that’s because the ban does not distinguish between different types of private schools.
“It is any non-public school, religious or otherwise.”
He says that suggests public schools’ challenge will succeed in the end.
“We’re hopeful with an injunction that it could lead to a final decision from her that would say that this is, in fact, unconstitutional, and can’t move forward.”
“We believe Michigan’s constitution is very clear that no direct or indirect aid can be given to private and non-public schools in Michigan, and it’s regardless of whether they’re religiously affiliated or not.”
The judge agreed the ban on public funds for private and parochial schools does not amount to religious discrimination. The order is a preliminary injunction while the case is argued. But it could be appealed.