ACLU Found To Have Standing to Challenge Islamic (?) Charter School:

[paulsby]

source:www.volokh.com

The opinion is ACLU of Minnesota v. Tarek ibn Ziyad Academy, filed yesterday. Most of it deals with whether the ACLU's members have "taxpayer standing" to challenge the allegedly Establishment-Clause-violating program; the court said that it does, and also rejected some other procedural objections to the lawsuit. The court also concluded that the charter school is, under Minnesota law, a part of the state public education system, albeit a part that has considerable autonomy; the First Amendment thus applies to its actions. And the court concluded that the organization that runs the school is also to be treated as a state actor as to the school's operation, because of its close involvement with the school.

This leaves the substantive question: Does the charter school indeed unconstitutionally promote Islam, or does it simply offer an environment that's appealing to, and suitably accommodating to, its overwhelmingly Muslim students (chiefly the children of Somali immigrants)? To give one example, the lawsuit challenges the "school calendar" and the "school menu," but I take it that there wouldn't be any problem with public schools that have many Jewish students offering kosher options on the cafeteria menu and Jewish religious holidays off (given that so many students would be absent in any event). Whether the school's actions are seen as endorsing a religion or merely accommodating Muslim students' religious beliefs — the question that, rightly or wrongly, must be answered under the current Establishment Clause test — thus turns on the factual details.

And the court concluded that, because of this, the case can't be resolved without further factual discovery, presumably followed by hearings to resolve the contested factual questions:

The issues raised in both TIZA’s and Islamic Relief’s Rule 12(b)(6) motions are factual in nature and are not appropriately resolved at this stage in the litigation. For example, TIZA argues that Plaintiff conflates the uniform-dress code with religious entanglement and that Plaintiff has failed to explain how a conservative dress code has the effect of promulgating religion. However, whether or not TIZA’s dress code involves religious entanglement requires a factual inquiry into the particulars and reasons for the dress code. In addition, TIZA asserts that it has honored certain requests for religious accommodation and that in honoring such requests, it is not endorsing religion. However, this inquiry also involves fact issues not appropriately resolved at this stage of the litigation.

Similarly, Islamic Relief argues, for example, that the Charter School Contract demonstrates that Islamic Relief was not endorsing a religious point of view because TIZA made representations in that contract that the charter school would be nonsectarian. In addition, Islamic Relief asserts that Plaintiff’s Complaint must be dismissed because Islamic Relief, as a sponsor, had no role in setting school policies that could be construed as endorsing religion. Again, whether or not Islamic Relief played a role in the allegedly sectarian operations of TIZA is a factual inquiry, and the role and importance of the Charter School Contract will be just one part of that inquiry.

The Court also notes that, at least with respect to TIZA’s motion, there are several alleged sectarian practices, such as TIZA’s busing schedule, that TIZA does not address. That not all allegedly sectarian practices and policies are addressed underscores the premature nature of TIZA’s motion. It is inappropriate, at this early stage of the litigation, to dismiss Plaintiff’s Establishment Clause claim, particularly because it requires an analysis of all the allegedly impermissible religious practices together.

[imdjh]

1. Tarek ibn Ziyad was a Muslim general who invaded Europe.

What next, a Mongolian charter school called Genghis Kahn Middle School?

[paulsby]

2. i would totally want to go to that school

that's bad ass. the Genghis Khan Marauders or something like that.

better than my high school. the quakers. a name that strikes fear in the hearts of ... nobody.

[imdjh]

4. Yeah, well I don't think the Mongol Empire has the same image problem right now...

[XemaSab]

6. I would totally go too

What does the cafeteria there serve? Horse boiled with mutton fat with a kumys chaser?

Is there an intramural bushkazi team?

And the real question: Are the classes taught in yurts that move around the city? :shrug:

[muriel_volestrangler]

9. All that much different from "Andrew Jackson High School"?

Both were generals who invaded territories to expand the realm of their masters.

[imdjh]

3. Hare Krishnas denied charter school

Hare Krishnas denied charter school

Jacksonville Times-Union/May 17, 1999
By Thomas B. Pfankuch

Alachua -- Tom Allin doesn't have a shaven head, he doesn't wear long robes to work and he doesn't ask people for money at airports.
Make no mistake, Allin, 49, is a practicing member of the Hare Krishna faith. But Allin says he and members of the other 200 Krishna families that live in and around this small town 15 miles north of Gainesville aren't trapped in stereotypical images of a religion that few Americans understand.

And now, Allin and a handful of other Krishnas want to open an 80-student public charter school, one with low student-teacher ratios, mandatory parental involvement and other ideas they believe will help kids learn.

But the proposed school - the Alachua Learning Center - was denied recently by the Alachua County School Board, which Allin and his lawyer claim has been influenced by "religious scare tactics" perpetuated by people who don't understand the Krishna religion.

School Board members said they are worried the school won't be open to non-Krishnas and will be a state-funded replacement for a school now run by the Alachua Krishnas.

Charter school contracts, which must be approved by county school boards, require the schools be non-sectarian. Several groups with religious ties are running charter schools in Florida and many are located inside churches. The contracts mandate the schools not teach religion and provide for monitoring by the School Board to ensure religion is kept out of the curriculum or entrance guidelines.

http://www.rickross.com/reference/krishna/krishna10.html

[Canuckistanian]

5. I do hope they keep the argument to religion in general

I would hate for this to be turned into a precedent for Islam schools only.

[XemaSab]

7. The problem here is that there's religion and there's culture

A school founded on Islamic culture doesn't bother me, any more than a school intended for African-Americans or Asian-Americans would.

A school founded on Islamic religion seems to violate the establishment clause, though.

[paulsby]

8. interesting juxtaposition you use. it's imprecise at BEST

you say ISLAMIC culture, and african-american and asian-american culture.

which one of the three specifically references a religion? i'll give you a hint. the first one.

if you were being precise and/or intellectually honest (i might accuse you being imprecise, since i don't know your intent), you would have compared islamic culture to christian or jewish culture.

but you didn't.

"islamic" doesn't represent the same thing that asian or african-american does. the latter represent ethnicities within a broader country framework. the former represent a religion.

so, if you are willing to be equally accepting of a school founded on christian or jewish culture, you would have a point. but your analogy is.. disanalogous.