On Wednesday, Governor Rick Snyder asked the Michigan Supreme Court for an advisory opinion on the constitutionality of a section of the school aid budget appropriating general fund dollars to reimburse certain state-mandated expenses incurred by private schools. Under the school aid budget recently signed into law, $2.5 million in general fund dollars may be used to reimburse private schools for costs associated with state-mandated requirements, including employee background checks, compliance with state building health and fire code requirements, and immunizations. The Governor is asking the Michigan Supreme Court to evaluate whether the appropriation violates the Michigan Constitution, which prohibits certain types of aid to be distributed to non-public schools.
Under the Michigan Constitution, the Governor may request an opinion by the court on an important question of law. Requests must be issued in regards to concern on the constitutionality of legislation and must be made after the legislation has been signed into law but before the effective date. Governor Snyder has requested the Supreme Court issue an opinion before October 1, 2016, which is the effective date for the law.
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