COUNCIL OF ORGANIZATIONS & OTHERS v. STATE

No. 343801.

931 N.W.2d 65 (2018)

326 Mich. App. 124

COUNCIL OF ORGANIZATIONS AND OTHERS FOR EDUCATION ABOUT PAROCHIAID, American Civil Liberties Union of Michigan, Michigan Parents for Schools, 482Forward, Michigan Association of School Boards, Michigan Association of School Administrators, Michigan Association of Intermediate School Administrators, Michigan School Business Officials, Michigan Association of Secondary School Principals, Middle Cities Education Association, Michigan Elementary and Middle School Principals Association, Kalamazoo Public Schools, and Kalamazoo Public Schools Board of Education, Plaintiffs-Appellees, v. STATE of Michigan, Governor, Department of Education, and Superintendent of Public Instruction, Defendants-Appellants.

Court of Appeals of Michigan.

Decided October 16, 2018, 9:05 a.m.


Attorney(s) appearing for the Case

White Schneider PC (by Jeffrey S. Donahue , Okemos, and Andrew J. Gordon ) for the Council of Organizations and Others for Education about Parochiaid.

Daniel S. Korobkin , Kristin Totten , Kalamazoo, Michael J. Steinberg , and Kary L. Moss , Detroit, for the American Civil Liberties Union of Michigan, Michigan Parents for Schools, and 482Forward.

Dickinson Wright PLLC (by Peter H. Ellsworth , Lansing, Brandon C. Hubbard , Phillip J. DeRosier , Lansing, and Ariana D. Pellegrino , Detroit) for the Michigan Association of School Boards, the Michigan Association of School Administrators, the Michigan Association of Intermediate School Administrators, the Michigan School Business Officials, the Michigan Association of Secondary School Principals, the Middle Cities Education Association, the Michigan Elementary and Middle School Principals Association, Kalamazoo Public Schools, and Kalamazoo Public Schools Board of Education.

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, and Jonathan S. Ludwig , Assistant Attorney General, for Michigan, the Governor, the Department of Education, and the Superintendent of Public Instruction.

Paul, Weiss, Rifkind, Wharton & Garrison, LLP (by Lynn B. Bayard , Sara E. Hershman , and Sarah K. Weber ) and Salvatore Prescott & Porter, PLLC, Northville (by Jennifer B. Salvatore ), Amici Curiae for the Education Law Center.

Dykema Gossett PLLC (by Lori McAllister ; Lansing, Leonard C. Wolfe , Lansing, and Courtney F. Kissel , Bloomfield Hills), Amici Curiae for the Michigan Catholic Conference and the Michigan Association of Non-Public Schools.

Before: Murphy, P.J., and Gleicher and Letica, JJ.


In this appeal, we are called upon to judge whether MCL 388.1752b, which allocates money from the state's general fund "to reimburse actual costs incurred by nonpublic schools in complying with a health, safety, or welfare requirement mandated by a law or administrative rule of this state," MCL 388.1752b(1), violates Const. 1963, art...

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