In addition to Espinoza, the Supreme Court handed down another ruling supporting private - in particular religious - schools. In Our Lady of Guadalupe School v. Morrissey-Berru, the Court ruled 7-2 that the "ministerial exception" does not allow the courts to adjudicate the employment-discrimination claims brought against two Catholic schools.

"Although these teachers were not given the title of 'minister' and have less religious training than Perich, we hold that their cases fall within the same rule that dictated our decision in Hosanna-Tabor. The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission. Judicial review of the way in which religious schools discharge those responsibilities would undermine the independence of religious institutions in a way that the First Amendment does not tolerate."

After a week of dueling orders on the part of Montgomery County health officials and the governor of Maryland, Montgomery County Health Officer Travis Gayles officially rescinded his two orders blocking the return of in-person learning at private schools. Governor Larry Hogan's barring of blanket closures appeared to be the decisive move in the see-saw battle over school reopening, which also saw a lawsuit filed by a group of private school families angry over the county's efforts against in-person reopening.

Kelly Branaman, Interim Superintendent of Schools for the Archdiocese of Washington, said in a statement, "I am grateful that the County recognized the autonomy of non-public schools to make local decisions on reopening in a safe and appropriate manner."

Readers of CAPE Outlook will recall that when Congress passed the CARES Act in March of 2020, its K-12 COVID relief provisions included a requirement for equitable services. Because of ambiguity in the law on the matter of how the funds are to be distributed, the US Department of Education proceeded to issue guidance calling for all students to be served equally. This policy led to a firestorm of criticism from public school advocates over the funds.

The Department responded by promulgating a legally binding rule that gave Local Educational Agencies (LEAs) the option of distributing the relief funds either through the simple enrollment count the guidance provided for, or a Title I approach if and only if that Title I approach would also apply to that LEA's public schools. Otherwise, LEAs might well limit CARES Act relief to a select number of low-income children in private schools, while serving all kids, rich and poor alike, in public schools.

The Department's olive branch did not satisfy opponents of the rule, who have proceeded to file several lawsuits against its implementation. In two of those cases federal judges have blocked enforcement of the rule while expressing strong skepticism of the Department of Education's position.

CAPE has signed onto three amicus briefs supporting the rule.

Since then, negotiations between the House, Senate, and White House have failed to produce a deal. Reports suggest the Senate may attempt to consider a scaled-down "skinny bill" as soon as next week, but it remains unclear when, or if, a new round of COVID relief will get to the president's desk.

The Neubauer Prize for Urban Teaching is presented by Wisconsin's Center for Urban Education Ministries in recognition of teacher excellence. Eight of the twelve educators recognized in this the award's inaugural year teach at private schools:

Megan Dills, St. Marcus School, Milwaukee

Nadia Lopez, Pilgrim Lutheran School, Milwaukee

Quanesha Medina, HOPE Christian School (Semper), Milwaukee

Michelle Minnihan, St. Martini Lutheran School, Milwaukee

Zach Murray, HOPE Christian School (Fidelis), Milwaukee

George Paasewe, HOPE Christian School (Fortis), Milwaukee

Amanda Stewart, St. Martini Lutheran School, Milwaukee

Liz Swarczewski, St. Martini Lutheran School, Milwaukee

Congratulations teachers!

In other news from Wisconsin, Dane County has ordered both public and private schools closed because of COVID-19. In response, the Wisconsin Institute for Law & Liberty, acting on behalf of a group of parents and schools, has asked the Wisconsin Supreme Court to overturn that order. Stay tuned.

The Department of Education has released guidance affirming that religious organizations are equally eligible to participate in Department-administered programs as their secular counterparts. A Department release describes the guidance as also making clear that "religious organizations receiving federal financial assistance under a Department program...may continue to carry out their missions and maintain their religious character."