LANSING - A Michigan Education Association lawsuit filed in February against the state of Michigan, which claimed the state violated its constitution by financing charter schools sponsored by Bay Mills Community College, was dismissed on Wednesday, Dec. 7, by Ingham County Circuit Judge Joyce Draganchuk. The MEA will have 28 days to appeal the decision.
The lawsuit named the state superintendent of public instruction, the Department of Education, the state Board of Education, the state treasurer, and the Department of Treasury as defendants. It accused them of "the unconstitutional and/or illegal expenditures of state funds which jeopardizes the continued integrity and viability of Michigan's system of public education."
The MEA alleged that when BMCC began authorizing charter schools in 2001, beginning with schools in Bay City and Pontiac, they were far from the boundaries of their chartering "district." However, BMCC, in its charter, states that the whole state of Michigan functions as its chartering district. Since 2001, BMCC has opened a total of 32 charter schools statewide, excluding the Detroit area where they are prohibited from opening schools due to the city's status as a class-one school district, and boast an enrollment of nearly 11,000.
In 2001, six state representatives requested an opinion from former attorney general and current Governor Jennifer Granholm on whether or not a public school academy authorized by a federal tribally controlled community college are subject to any geographic limitations. Granholm concluded that they were indeed limited geographically by the boundaries of their district, but also agreed that determining such boundaries would be found in their formal charter. Since BMCC's service area, as a tribal college, includes the entire state of Michigan, and clearly states so in Article XI of their charter, Granholm's opinion validated the state's decision to finance charter schools.
According to BMCC President Michael "Mickey" Parish, the judge's recent ruling agreed with the college that it has the authority to authorize charter schools because of their status as a tribally owned community college. Parish added that what the MEA was trying to argue were issues already addressed in 2001 by the state legislature and by the former attorney general. More importantly, Parish said that, with the recent dismissal, schools can be reassured that funding will continue.
"What this decision really means is that our schools can be a little bit reassured that their funding will continue," Parish said. "We have a lot of places trying to buy or renovate their buildings and this lawsuit made it really hard for them to get financing. Hopefully, this time, the MEA will understand that charter schools are here to stay. If people are not happy with public schools, they now have an option."
