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Council of Organizations and Others for Education About Parochiaid, Incorporated v. Engler

455 Mich. 557, 566 N.W.2d 208 (1997)

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Council of Organizations and Others for Education About Parochiaid, Incorporated v. Engler

Michigan Supreme Court

455 Mich. 557, 566 N.W.2d 208 (1997)

Facts

The Council of Organizations and Others for Education About Parochiaid, Incorporated (council) (plaintiff) and a group of individuals (plaintiffs) sued Michigan Governor Engler (defendant) to challenge the constitutionality of 1993 P.A. 362 (P.A. 362). Under P.A. 362, public school academies were organized as nonprofit corporations with a board of directors and a set of bylaws. The academies were authorized by a school-district board, intermediate-school board, community-college board, or a public state university’s governing body. The law required the authorizing body to establish a method of selection, duration of term, and number of members for the board of directors. Authorizing bodies could but were not required to issue academy contracts, which could be revoked at any time. Academies were prohibited from accepting tuition or having religious affiliations. The council alleged that P.A. 362 violated the state constitution because the academies were not public schools. The council argued that the academies were not under the ultimate and immediate, or exclusive, control of the state and that the board of directors was not publicly elected or appointed by a public body.

Rule of Law

Issue

Holding and Reasoning (Brickley, J.)

Dissent (Boyle, J.)

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