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158751 - Council of Orgs & Others for Ed about Parochiad v State of Michigan

Council of Organizations and Others for Education about Parochiaid, American Civil Liberties Union of Michigan, Michigan Parents for Schools, 482Forward, Michigan Association of School Boards, Michigan Association of School Administrators, Michigan Association of Intermediate School Administrators, Michigan School Business Officials, Michigan Association of Secondary School Principals, Middle Cities Education Association, Michigan Elementary and Middle School Principals Association, Kalamazoo Public Schools and Kalamazoo Public Schools Board of Education,


Phillip DeRosier





(Appeal from Ct of Appeals)



(Ct of Claims – Stephens, C.)


State of Michigan, Governor, Department of Education, and Superintendent of Public Instruction,


Eric Restuccia





In MCL 388.1752b, the Legislature allocated $2.5 million from the general fund to reimburse nonpublic schools for the cost of complying with health, safety, and welfare requirements mandated by state law or administrative rule.  The plaintiffs filed a lawsuit in the Court of Claims, alleging that MCL 388.1752b violates Const 1963, art 8, § 2, which bars the payment of public monies to aid or maintain nonpublic schools.  The Court of Claims held that MCL 388.1752b violates art 8, § 2, and enjoined the defendants from distributing any funds under the statute.  In Council of Orgs & Others for Ed about Parochiaid v Michigan, 326 Mich App 124 (2018), the Court of Appeals, in a 2-1 opinion, reversed the Court of Claims and remanded the case to that court for further proceedings.  The Supreme Court has granted leave to appeal to address whether MCL 388.1752b violates Const 1963, art 8, § 2.  After adjourning oral argument and holding this case in abeyance for the decision in Espinoza v Montana Dep’t of Revenue, 591 US ___; 140 S Ct 2246; 207 L Ed 2d 679 (2020), the Supreme Court has rescheduled this case for oral argument.​