DeVos: Feds Can Give Funds to Religious Education Groups

Education Secretary Betsy DeVos on Monday sent a letter Congress indicating that she plans to clear the way for religious schools and organizations to be eligible for federal funding and grants.

In the letter dated Monday, DeVos said she'll decline to enforce a statute in federal law mandating that service providers and contractors must be "independent of the private school and of any religious organizations." DeVos said the statute "categorically excludes religious organizations simply because they are religious."

The education chief is arguing that she won't uphold the specific statute in the Elementary and Secondary Education Act because it's "unconstitutional" in light of the 2017 Supreme Court case Trinity Lutheran Church of Columbia Inc. v. Comer.

DeVos cited the 2017 case, in which justices ruled that the Missouri Department of Natural Resources' policy of denying grants for playground resurfacing programs to churches and other religious groups was unconstitutional and violated Trinity's rights under the Free Exercise Clause of the First Amendment.

"Permitting religious organizations and secular organizations alike to provide secular services to schools does not violate the Establishment Clause," DeVos wrote in her letter.

"And absent specific language to the contrary, the Department generally considers faith-based organizations to be eligible to contract with grantees and subgrantees and to apply for and receive Department grants on the same basis as any other private organization."

DeVos, who said she consulted with the Justice Department, is circulating the letter to House and Senate leadership, the chairmen and ranking members of the House and Senate Judiciary and Education committees and legal counsel in both chambers.