Senate renews private school funding program that a judge declared unconstitutional
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Feb. 17—JACKSON — The state Senate, in a close vote, decided to renew a program that allows Mississippi's private K-12 schools to use federal stimulus dollars, despite a state judge declaring the program unconstitutional.
The Senate on Thursday approved Senate Bill 3052 that authorizes state agencies to continue spending COVID-19 relief dollars that lawmakers appropriated last year. Part of the bill authorizes a state agency to award $10 million in stimulus money for private schools.
Sen. David Blount, D-Jackson, attempted to amend the bill by removing the provision that reauthorized the American Rescue Plan Act money for private schools, but the amendment failed 19-26.
"If this amendment passes, the $10 million would be returned to the ARPA account, that lawsuit would be over, the state wouldn't have to pay for it and the money would go back into ARPA and make its way through the appropriations process," Blount said.
The Legislature passed two bills last year, which the governor signed. One created a grant program to help private schools pay for water, broadband and other infrastructure projects. The other allocated the $10 million of federal money for the program, starting July 1.
The state constitution limits lawmakers to only passing spending bills in one-year increments, so the Legislature often has to pass bills to re-authorize state agencies to continue to spend tax dollars appropriated from previous years.
Hinds County Chancellor Crystal Wise Martin last year ruled the Legislature and Gov. Tate Reeves skirted around Section 208 of the state Constitution which prohibits the use of public money for any school that is not "a free school."
Attorney General Lynn Fitch's Office defended the state in the lawsuit and appealed the ruling to the Mississippi Supreme Court, where it remains unresolved.
The program remains frozen with the judge's order, but Sen. John Polk, R-Hattiesburg, asked Senate colleagues to support re-authorizing the funds in the event the Mississippi Supreme Court overturned the Hinds County court's ruling within the next year.
Pockets of Northeast Mississippi, particularly in Lee and Lafayette counties, contain powerful public school systems, but senators from those areas were split on Blount's proposal.
Both Sen. Nicole Boyd, R-Oxford, and Sen. Angela Turner Ford, D-West Point, said they decided to support Blount's amendment because they did not believe the state should spend more tax dollars on something tied to pending litigation.
"Honestly, it's an appropriation to private schools," Turner Ford said. "That should remain out of the bill until further action from the court."
The other Northeast Mississippi senator who supported Blount's amendment was Republican Daniel Sparks of Belmont.
Sen. Chad McMahan, R-Guntown, voted against Thursday's amendment, though he supported efforts during the previous legislative session to prevent the stimulus money from going toward private schools.
"If we changed that particular fund, I was afraid it would cause a ripple effect for other funds," McMahan said, adding that he would have liked more information from Blount before he cast his final vote.
The other Northeast Mississippi senators who opposed the amendment were Kathy Chism of New Albany, Ben Suber of Bruce, Neil Whaley of Potts Camp, Bart Williams of Starkville and Chuck Younger of Columbus, all of whom are Republicans.
Democratic Sen. Hob Bryan of Amory and Republican Sen. Rita Parks of Corinth did not vote on the amendment.
The bill will head to the House for consideration, but it contains a measure that requires it to come back to the Senate for more debate.
The money in the grant program must be allocated to schools by December 2024 and spent by December 2026 according to federal regulations.
