Muskegon Sun

After Michigan signed on to a federal lawsuit arguing that private schools should not receive funding from the CARES (Coronavirus Aid, Relief, and Economic Security) Act’s Education Stabilization Fund, the Mackinac Center for Public Policy joined an amicus brief filed by the Wisconsin Institute for Law and Liberty (WILL).

In the State of Michigan v. Betsy DeVos, state officials say that the guidance from the Department of Education explains how to distribute the funding and allocates funding for private schools that should instead go to public schools in the state and across the country.

“COVID-19’s impact on America’s students was not confined to public school sectors. Congress allocated critical funding to both public and private schools with the intent of helping schools reopen safely and serve their students. We are proud to represent a broad coalition of groups that recognize the importance of CARES Act relief for America’s private schools,” said Libby Sobic, director and legal counsel of education policy at WILL.

The amicus brief filed by WILL and joined by the Mackinac Center argues that the State of Michigan (and others who joined the suit) is incorrectly interpreting the CARES Act’s distribution of $16 billion for grants to schools impacted by the COVID-19 pandemic.  The funding formula, as part of the Department of Education’s interim final rule, says that CARES Act funding must be distributed equitably to students and teachers in nonpublic schools, as well as those in public schools.

“The coronavirus does not discriminate between school labels, and neither should coronavirus relief funds. The attempt by Michigan officials and others to tip the scales against some students based on choices their families have made is especially shameful, given that public schools already have access to additional pots of federal funding. In the interest of fairness and sound policy, the court should reject the plaintiffs’ claims,” said Ben DeGrow, director of education policy at the Mackinac Center.

Should Michigan prevail in the lawsuit, districts across the state would be able to withhold $16 million from private schools.