When the Mississippi Supreme Court heard oral arguments this week about the Legislature’s attempt two years ago to funnel $10 million to private schools, it prompted two overriding questions in our mind.
First, how come this case is even taking up the high court’s time?
Second, can’t folks read?
This is not a complicated case. The Mississippi Constitution is clear. It spells out the prohibition in Section 208. Here’s what that section says in its entirety.
No religious or other sect or sects shall ever control any part of the school or other educational funds of this state; nor shall any funds be appropriated toward the support of any sectarian school, or to any school that at the time of receiving such appropriation is not conducted as a free school.
The second half of that section is what applies here. In 2022, Mississippi lawmakers were rolling in money appropriated from Washington for coronavirus relief. Willfully ignoring the state constitution, the Legislature decided to set aside $10 million of this federal largesse for private schools, who could apply for grants to upgrade their broadband capabilities or for water and drainage projects.
The plan drew immediate protests and a lawsuit from public school supporters, who, among other things, noted the disparity between the free money allocated for private schools while a similar program for public schools would be in the form of loans that the districts would be obligated to repay.
Although the two sides argued in court this week whether public schools would really be damaged by the private school grants, that argument is irrelevant. Also irrelevant is how one feels about public schools, private schools or school choice. All that matters is what the constitution says.
Private schools are not free schools. By definition, they can’t legally get money from the state. It doesn’t matter that the Legislature tried to implement one degree of separation by sending the money first to the Department of Finance and Administration. The net effect would have been the same: public money going to schools that are not free.
A state judge correctly ruled the appropriation was unconstitutional and blocked it. If the high court doesn’t affirm the lower court’s decision, it would be stunning. It would also open the door to more of the same, as noted by one of the attorneys representing the plaintiffs. As he said, if the Legislature can make an exception to the constitution for $10 million, why not $100 million, or $500 million?
Usually when a dispute reaches the state’s highest court, there are gray areas in the law, both sides can make compelling arguments, and what the court should do is not cut-and-dried. This is not, however, one of those cases.
