Is Virginia’s Lab School Law Constitutional?
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43 responses to “Is Virginia’s Lab School Law Constitutional?”
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Public money should not be funding private schools – religious or not. Pretty simple solution.
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That is one of the legal alternatives that I offered to current law.
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Yes, I saw that. Seems to be the logical way to go…
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As the old Western Airlines commercial used to say, “It’s the only way to fly!”
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Yes, I saw that. Seems to be the logical way to go…
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Private nonsectarian organizations are likely to be the ones that get hurt by this Supreme Court opinion. Rather than have to fund organizations with religious ties, governments may decide to stop funding of all private organizations.
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That would work. But then we are stuck with public schools that have less and motivation to be responsive to parents and the public.
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Talk to Supreme Court. They appear to be making law lately.
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yup. The actual separation of Church and State is apparently not in the Constitution per se – so when that happens, it’s not clear if SCOTUS has a standard approach to such things.
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The Court has simply said that separation does not permit hostility.
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Maine officials are in the process of ensuring that any religious or private institutions eligible for funding are clearly in accord with non-discriminatory laws and policies with respect to admissions and staffing. Doctrinal ideology may disqualify many; and be the next legal battle. Justice Thomas is waiting.
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And Justice Alito.
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Most importantly, the local school board should not govern the school and the funding should follow the student. It
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Also, the state board is to come up with policies for these lab schools. That is in the appropriation act. But, a dem board is not likely to make it easy or doable. Passive aggressive at best.
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Agreed.
The Board of Education will have to define whether the lab schools, defined as experiments in education, will have their pedagogy and curriculum restricted to state “model policies” and be examined for hints of instruction in morality.
I will try to follow that.
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Agreed.
The Board of Education will have to define whether the lab schools, defined as experiments in education, will have their pedagogy and curriculum restricted to state “model policies” and be examined for hints of instruction in morality.
I will try to follow that.
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The Board of Education consists of nine members. The General Assembly refused to confirm three appointments made by Governor Northam. Of the remaining six members, the terms of two will expire on June 30. That gives Governor Youngkin five appointments to make, a majority. The terms of three other members expire next year. So, whatever policies or procedures are adopted by the Board of Eduction, on this or any other matter, will be the product of a Youngkin board.
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Assumedly, the state funded tuition would flow to students enrolled in the lab school institutions not the sponsoring higher education ones. Both would be required by collateral statutes to be non-discriminatory with respect to admissions and staff personnel policies.
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I think it would be possible for Liberty University to run a nonsectarian lab school. However, regardless of the Carson decision, Liberty probably would not be able to meet the requirements for a lab school under Virginia law.
As I pointed out in my earlier article, Virginia law (Sec. 22.1-349.3) provides:
“A college partnership laboratory school is subject to all federal and state laws and regulations and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, ancestry, or need for special education services.” (Emphasis added.)
Virginia law is very specific about nondiscrimination. Sec. 2.2-3900 stipulates:
“It is the policy of the Commonwealth to:
1.
Safeguard all individuals within the Commonwealth from unlawful discrimination because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, or disability in places of public accommodation, including educational institutions” (emphasis added)If Liberty University pledges not to refuse admission or employment of students and teachers due to their LGBTQ+ status, then it would be eligible to establish a lab school.
By the way, the state of Maine has invoked a similar provision in its law regarding the use of vouchers by private schools and the two schools involved in the Carson case have said they would not take the state money.
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You wrote: “If Liberty University pledges not to refuse admission or employment of students and teachers due to their LGBTQ+ status, then it would be eligible to establish a lab school”.
Do you think that would be the only test for Liberty’s lab school, or would the pedagogy and curriculum also be examined for hints of religious content?
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Of course it would, but, with the Supreme Court, whether it contained religious content would not matter.
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I was under the impression that these schools would have to meet the same SOL curriculum requirements.
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They are subject to the SOQ standards, which includes SOL requirements, but there is nothing that would prevent a lab school from including something in its curriculum that is not covered by the SOLs.
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Recalls a conversation (more than one, really) I had in person with the late Dr. Falwell Sr. in the early days of Liberty, while still with the newspaper. How much government interference would he begin to tolerate to get the king’s gold? He said none. I predicted more than he expected. I predicted it would move more secular, more U. Notre Dame and less Bob Jones U.
It was almost 40 years ago…
As to the original premise of the post, the law as drafted reflected the law that then existed. Amending it come January 23 to deal with the new ruling if needed will be easy. Bills come in all the time to adjust sections to reflect new court rulings.
No public funding for private schools? Then give the parents a tax break to reflect the fact they are not imposing the cost of educating their children on the taxpayers. Won’t do that, will you…
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The purpose of the TAG program is to give parents of Virginia students a break to reflect “the fact they are not imposing the cost of educating their children on the taxpayers.” In the just-adopted budget, the amount is $4,500 the first year of the biennium and $5,000 the second year. That’s equivalent to a pretty good tax break.
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so that would mean the folks who don’t do that would have to pay higher taxes to fund those tax breaks?
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That is $90.8 million in the first year and $100,3 million in the second year that is paid out of the general fund
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Related: Looks like the Thomas Court is set to green light coaches organizing and leading prayer groups at football games. I wonder how the Religious Right will feel when a teacher encourages and leads prayers to Allah in the classroom…??
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For some of these folks, they’re counting on the “Christians” outnumbering the heathens….. those who
are not of the majority religion will be encourage to find other opportunities…. -
It’s possible that, over time, publicly-funded religious schools in various flavors would be created. So, there will be predominately Christian, Catholic, Jewish, Muslim, schools, all hewing to SOL academic standards but each with additional “content” specific to their religion.
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Is it just a matter of time before they outlaw secular schools…??
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Oh no. They would be just another flavor to choose from… for the unaffiliated… and such… for those that did not want religion in the curriculum. Could be popular.
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It’s nice to see the far-right does not have a monopoly on “boogie-men” and paranoia…
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You are right… that probably won’t happen… probably…
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As long as student/player participation in the prayer is voluntary it won’t bother me at all.
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I don’t understand how this ruling is so controversial. He didn’t require anyone join him, nor did he punish anyone who didn’t.
Pray to which ever deity you’d like, it has no impact on myself.
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Is participation in daily mass voluntary in Catholic schools…? Does “voluntary” count…?
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Nice straw man. Catholic schools are not public schools.
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No strawman. They are private schools and are therefore (per the cited rulings) able to access public school funding even if they compel Christian prayer.
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Please post the portion of the ruling where the ability to “compel Christian prayer” resides.
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I am waiting for a Islamic school to claim state funds that are available to private schools. That is when it will hit the fan. There are several in Virginia. https://www.privateschoolreview.com/virginia/islamic-religious-affiliation
Related: Looks like the Thomas Court is set to green light coaches organizing and leading prayer groups at football games. I wonder how the Religious Right will feel when a teacher encourages and leads prayers to Allah in the classroom…??
I’m not sure how the SCOTUS decision may affect it, but I think this is why the GA currently does not consider funding sectarian enterprises, including schools:
from the Virginia Constitution:
Section 10. State appropriations prohibited to schools or institutions of learning not owned or exclusively
controlled by the State or some subdivision thereof; exceptions to rule.
No appropriation of public funds shall be made to any school or institution of learning not owned or exclusively controlled by the State or some political subdivision thereof; provided, first, that the General Assembly may, and the governing bodies of the several counties, cities and towns may, subject to such limitations as may be imposed by the General Assembly, appropriate funds for educational purposes which may be expended in furtherance of elementary, secondary, collegiate or graduate education of Virginia students in public and nonsectarian private schools and institutions of learning, in addition to those owned or exclusively controlled by the State or any such county, city or town; second, that the General Assembly may appropriate funds to an agency, or to a school or institution of learning owned or controlled by an agency, created and established by two or more States under a joint agreement to which this State is a party for the purpose of providing educational facilities for the citizens of the several States joining in such agreement; third, that counties, cities, towns, and districts may make appropriations to nonsectarian schools of manual, industrial, or technical training, and also to any school or institution of learning owned or exclusively controlled by such county, city, town, or school district.
Section 16. Appropriations to religious or charitable bodies.
The General Assembly shall not make any appropriation of public funds, personal property, or real estate to any church or sectarian society, or any association or institution of any kind whatever which is entirely or partly, directly or indirectly, controlled by any church or sectarian society. Nor shall the General Assembly make any like appropriation to any charitable institution which is not owned or controlled by the Commonwealth; the General Assembly may, however, make appropriations to nonsectarian institutions for the reform of youthful criminals and may also authorize counties, cities, or towns to make such appropriations to any charitable institution or association.
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