Change Michigan’s Constitution So Students Can Flourish

In the wake of COVID-19, it has become increasingly obvious that educational opportunities must be as diverse as the needs of students. While some thrive with the flexibility of online learning, others are being left behind in schools that aren’t meeting their needs.

Because of a misguided rule in the Michigan Constitution, however, it’s currently impossible to enact policies that promote educational diversity. The first step we must take to fix our educational crisis requires amending the state constitution.

Article VIII Section 2 of the Michigan Constitution, as interpreted by the Michigan Supreme Court, prohibits the use of public funds “directly or indirectly to aid or maintain” a nonpublic school.

While many other states have had similar provisions struck down under the federal Constitution for violating the First Amendment’s free exercise of religion clause, Michigan’s anti‐​aid provision was carefully worded to apply to any nonpublic school as opposed to just religious ones.

Ironically, Michigan’s anti‐​aid provision has thus survived by banning school choice programs even more comprehensively than other state constitutions. What this means for Michigan residents is that their only option for “free” education is a public school.

Not surprisingly, then, most Michigan children attend traditional public schools. These schools are free to attend, operated by school districts, and funded by taxpayers. Other public options include charter schools and magnet schools — if you live in an area with these opportunities. On average, Michigan spends $13,016 per public school pupil each year.

Although the average cost of tuition at a private school in Michigan is just $6,941, Michigan families who might prefer this option are on the hook for the full price of tuition while also contributing tax dollars to the public school system. In practical terms, that puts private schooling out of financial reach for many Michigan families.

One way to give families control over their kids’ education is through a school voucher program. These programs allow families the financial flexibility to choose an educational approach that best meets their own needs. Vouchers give parents the freedom to choose a private—or public—school for their children by using the public funding set aside for their children’s education.

Funds that would normally be spent by a school district are instead allocated to a participating family in the form of a voucher to pay partial or full tuition at a private school, including both religious and nonreligious options. Such programs have been success stories in 18 states and Washington, D.C. But in Michigan, vouchers are currently illegal thanks to the anti‐​aid provision.

Under Article XII of the Michigan Constitution, there are two methods for proposing and ratifying constitutional amendments. Section 1 allows the Legislature to submit a proposal that must then be ratified by popular vote. Alternatively, Section 2 allows the people to propose amendments by petition, with ratification by popular vote. The current anti‐​aid provision was the result of a ballot initiative under Section 2. Now is the time to fix that provision using the same method.

In the COVID era, disparities in educational attainment for families of lower socioeconomic status have become starker than ever. Families that can afford private schools have been able to send their kids safely back to smaller classroom settings.

Meanwhile, overcrowded public schools have been forced to stay entirely virtual.

Michigan families are frustrated. Students are not only suffering academically from limited options during COVID-19, but also mentally and emotionally as their daily routines are disrupted by everchanging public school regulations. It is time to channel that frustration to make meaningful change in the way we fund education in our state.

Repealing the anti‐​aid provision would open the door for a school choice program, which in turn would empower parents to use their tax dollars on the educational system that works best for their children’s specific needs.

Everyone has a right to learn. Effective opportunities must be extended to students so they can work to reach their potential. Eliminating the anti‐​aid provision will pave the way for students to flourish in Michigan.