Houston public school backs out of deal with religious academy

Church & State, Dec 1999

Officials with the Houston Independent School District have suspended a plan to send some poor-performing students to a private religious school with taxpayer dollars, after the scheme drew fire from church-state separationists.

The school district had entered into discussions with Dr. Leon Spivey of Life Ministries Christian Academy, who had expressed an interest in accepting Houston public school students who fail to meet promotion standards. Spivey said he would create a new school for the students called Fifth Ward Preparatory Academy, which would be separate from his ministry and would comply with relevant state and federal laws.

Spivey, however, refused to say exactly where the new school would operate, leading some critics to believe he intended to simply enroll the public school students in his religious academy at taxpayer expense. This raised concerns among church-state separationists.

On Sept. 28, Americans United Litigation Counsel Ayesha Khan wrote to Dr, Rod Paige, superintendent of the Houston Independent School District, and Board President Laurie Bricker, warning them that the proposal was "rife with constitutional pitfalls."

Observed Khan, "My understanding is that Fifth Ward Preparatory Academy will be located in the same building as the pre-existing Life Ministries Christian Academy, and that both academies will be operated by the same person(s). According to the terms of the agreement, 'Students enrolled in the Contract School will be integrated into the existing school program in accordance with all district policies and procedures."'

Khan noted that Americans United litigated a string of cases with similar facts in the 1970s and won them all. She urged the school officials to "reconsider the arrangement to require that the Fifth Ward Preparatory Academy be truly independent of religious authorities in all aspects of its operations, including its location."

In addition, Charlotte Coffelt, vice president of the Houston Chapter of Americans United, testified against the plan at a school board meeting Sept. 16. "If you board members authorize the superintendent to negotiate and execute the final contract with a sectarian school and award money to fund public school children's education at such an establishment, that action will surely call into serious question your fiduciary responsibility to the public," Coffelt told the board. "Please consider the implications of this recommendation. Any use of tax dollars to support a religious ministry will violate the Constitution and almost certainly result in litigation."

On Oct. 13, Paige wrote a letter to Spivey suspending negotiations over the proposal.