Attorney General Lynn Fitch’s office is appealing a recent court decision which declared giving federal money to private schools is unconstitutional, according to new documents filed Tuesday.
Rep. Alyce Clarke, D-Jackson, walks out of the Capitol during a recess in the special session of the Legislature in Jackson Tuesday, August 28, 2018. . The funding comes from the American Rescue Plan Act , which gave the Mississippi Legislature $1.8 billion to spend on pandemic response, government services, and infrastructure improvements to water, sewer, and broadband. Success! You're on the list.
The Mississippi chapter of the American Civil Liberties Union , Democracy Forward, and the Mississippi Center for Justice brought a lawsuit challenging this allocation on behalf of Parents for Public Schools, a Jackson-based national nonprofit., found that the allocation violated section 208 of the Mississippi Constitution, which prohibits giving any public funds to private schools.
The decision from Hinds County Chancery Court Judge Crystal Wise Martin rebukes this argument, pointing out that the prohibition on allocating public money to private schools is not limited to any specific government body. The judge separately rejected the Midsouth Association of Independent Schools’ attempt to intervene in the lawsuit. Since private schools had to be a member of MAIS to be eligible for this money, the group sought to become a party to the lawsuit in order to defend the interests of their member schools, but both the state and the attorneys for Parents for Public Schools said MAIS was introducing new legal issues that were not relevant to the case.
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