Over 50 years ago, Michiganders voted to ban public money or property from funding private education, approving a state constitutional amendment to protect public schools.
Thirty years later, Michiganders overwhelmingly voted down a ballot proposal that would’ve reversed this ban.
However, President Donald Trump’s Federal Tax Credit Voucher Program proposes a new challenge to this long-held ban.
Last year, Trump signed a bill creating the new voucher program. Beginning next year, states may elect to join the program, making this a vital question for Michigan’s next governor.
This program would grant taxpayers a nonrefundable tax credit
for contributions to federally recognized “scholarship granting organizations.” Those organizations would then use those contributions to give students "scholarships," including for private school tuition. Notably, the federal dollars used would be redirected from funds Congress has already appropriated to support our most economically challenged public schools.
Trump’s voucher plan collides with Michigan’s Constitution
I have grave concerns about whether the voucher program violates the Michigan Constitution. By design, our constitutional restriction is broad. Michigan law prohibits public money from supporting private schools. While this program concerns federal dollars, Michigan officials, including the governor, would be charged each year with identifying the scholarship organizations and verifying each organization’s eligibility. Such efforts could involve substantial time and effort and, therefore, state money. If so, it may run afoul of our state constitution by using public resources to support attendance at private schools.
Additionally, the voucher program sacrifices state control over education policy in exchange for federal mandates. As proposed, the regulations limit the state’s ability to create guardrails or oversight over the scholarship organizations while placing the sole responsibility for policing the program upon the state’s shoulders. This is a significant departure from other federally mandated education programs. The Individuals with Disabilities Education Act, for example, guarantees all students with disabilities a free, appropriate public education while allowing states some flexibility to establish their own guidelines.
The voucher program is also designed to favor multi-state educational organizations over local or state-based programs whose curriculum is more likely to be crafted with Michigan’s education standards in mind.
These new problems stand in contrast to Michigan’s long-standing ban on public funds in private schools - a ban that has been consistently upheld by both state and federal courts.
Public dollars, public schools
Michigan stands alone in how it approaches school funding. Unlike many states, which generally prohibit public funding only for religious schools, Michigan treats all private schools alike, whether religious or secular. No state education money may flow to them. Michigan’s even-handedness is a virtue, ensuring that the state is not in the business of funding some private schools, but not others.
By keeping public funds dedicated to public schools, we ensure that quality education remains a universal birthright in our state. Strong public support is necessary for strong public schools. Our public schools are open to all children, no matter their background, neighborhood or financial status. Public schools are obligated to serve every child in our state, from Rosedale Park in Detroit to Rapid River in the U.P. Drawing the line between public and private schools — rather than between religious and non-religious schools — ensures that Michigan remains singularly focused on maintaining resources for our public schools. The legality of the Voucher Program in Michigan will require further study, and should a Michigan governor opt in, will certainly lead to a challenge in the courts. But one thing is clear: Michiganders have drawn a sharp line in our constitution with the goal of fully funding our public schools. They expect their elected leaders to faithfully follow their constitution.
Dana Nessel is Michigan's attorney general. Submit a letter to the editor at freep.com/letters, and we may publish it in print or online.
This article originally appeared on Detroit Free Press: Dana Nessel: Michigan's next gov could trigger a voucher fight | Opinion
