Governor's
coronavirus order 'bans homeschooling'
Critics blast back: 'Parents have a fundamental
constitutional right to raise and educate their children'
WND Staff By WND Staff
Published April 12, 2020 at 1:00pm
Michigan Democratic Gov. Gretchen Whitmer's order closing
public school buildings also bans homeschooling, which is unconstitutional,
contends a legal non-profit in the state.
"The Great
Lakes Justice Center calls upon Gov. Whitmer to correct this
unconstitutional action and assure parents in Michigan that they may continue
to safely home school their own children while the EO is in effect," the
organization said in a statement Thursday.
The
April 2 order states "in-person instruction for pupils in
kindergarten through grade 12 … is suspended for the remainder of the 2019-2020
school year."
It applies to all "non-public ... schools in the
state."
"The governor clearly has the authority to close
school buildings," the legal team acknowledged. However, "Michigan
law defines home schools as nonpublic schools."
That means the executive order bars parents from directly
teaching their children at home, the organization argued.
"While this may be an unintended consequence of
faulty drafting, the EO's plain language bans all 'in-person instruction' of
all children."
Great Lakes Justice spokesman
David Kallman said: "The governor has no authority to direct
nonpublic schools (i.e., private schools and home schools) to operate their
educational programs and processes in any particular way. Further, parents have
a fundamental constitutional right to raise and educate their children."
The organization noted the Michigan Constitution assigns
leadership of public education to the State Board of Education, not the
governor.
"Gov. Whitmer's EO usurps the authority of the State
Board of Education over public schools," the organization said. "The
governor overstepped her authority by ordering public schools to operate in a
certain manner, to mandate educational credit, etc.
"The governor holds no legal authority to enact the
expansive educational orders mandated in EO 2020-35. Declaring an emergency to
deal with a public health crisis does not bestow control over the public-school
system to the governor. When officials improperly exercise power beyond that
provided in law it violates principles of good governance and the Rule of
Law," the organization said.
"The Great Lakes Justice Center calls upon Gov.
Whitmer to rewrite the EO consistent with the Constitution and the laws of the
state of Michigan."
The governor's order also dictates the contents of
"other than in-person" education.
It also continues food distribution to students, pay for
school employees and the provision of "mental health support."
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