JACKSON, Mississippi (AP) — A Mississippi judge on Thursday blocked state legislation that invested $10 million of federal pandemic relief money in infrastructure grants for private schools.
Hinds County Chancery Judge Crystal Wise Martin’s decision is a victory for public school parents. The nonprofit group filed a lawsuit to block the program, arguing that the funding gives private schools a competitive advantage over public schools.
The lawsuit cites Section 208 of the Mississippi Constitution, which prohibits the use of public funds for any school that is not “a free school.”
“Any appropriation of public funds to be received by private schools negatively affects schools and their students,” Martin wrote. “Taxpayer funding for education is limited.”
During this year’s legislative session, Mississippi’s Republican-controlled House and Senate planned to spend most of the $1.8 billion the state receives from the federal government for pandemic relief.
Republican Gov. Tate Reeves signed two bills into law in April. One created a grant program to help private schools pay for water, broadband and other infrastructure projects. The other has allocated the $10 million in federal funds for the program, beginning July 1.
The program awards grants of up to $100,000 to any school in the state that is a member of the Midsouth Association of Independent Schools and accredited by a state, regional or national organization. Public schools cannot apply for infrastructure grants.
Lawmakers created a program to provide interest-free loans to public schools to improve buildings and other facilities, with money coming from the state. These loans must be repaid within 10 years. Grants to private schools do not need to be repaid.
Attorney General Lynn Fitch’s staff are reviewing the judge’s order and “evaluating next steps” on whether to appeal, Chief of Staff Michelle Williams said Thursday.
The American Civil Liberties Union of Mississippi, Mississippi Center for Justice and Democracy Forward filed a lawsuit June 15 on behalf of Parents for Public Schools, an advocacy group founded more than 30 years ago.
Democracy Forward attorney Will Bardwell said in a statement that Martin’s decision is “a victory for the Mississippi Constitution and for anyone who cares about public education in the state.”
“When the state legislature violated the constitution by allocating public funds to private schools, it did more than just continue Mississippi’s shameful history of undermining its children’s public schools. It broke the law, period,” Bardwell said. “Today’s ruling is clear: no one, not even the Mississippi Legislature, is above the law.”
The Private Schools Infrastructure Grant Program is administered by the Mississippi Department of Finance and Administration. An agency spokeswoman was out of state Thursday and did not immediately respond to questions about whether any of the grant money had been distributed.
Martin noted that Mississippi’s public education system was “chronically underfunded.” A 1997 state law established a complex funding formula called the Mississippi Adequate Education Program, which was designed to ensure schools received enough money to meet mid-level academic standards. Lawmakers have only fully funded the formula for two years.
Martin noted that the same day she heard oral argument in the case, Aug. 23, Forest Hill Public High School in Jackson had to dismiss early due to low water pressure. On Aug. 30, all public schools in Jackson were temporarily forced to online-only classes as problems at the city’s main water treatment plant caused most of Jackson to lose running water for A few days.
“This court need only sit in Hinds County and consider current events to find that exclusive public infrastructure funding for private schools affects public school students differently than the general public,” wrote Martin.
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Emily Wagster Pettus, Associated Press