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East Lansing Public Schools opts out of state abortion regulations

October 11, 2019
<p>Graffiti is seen on June 6, 2014, at East Lansing High School. Corey Damocles/The State News</p>

Graffiti is seen on June 6, 2014, at East Lansing High School. Corey Damocles/The State News

Photo by Corey Damocles | The State News

A reclarified abortion policy hidden in the 2016 School Aid Act went into effect Oct. 1, introducing penalties for public school employees referring students to receive one — but the East Lansing Public Schools opted out.

Teachers are already prohibited from teaching about abortion in sexual education courses. Previously, school districts with an employee that suggested an abortion were subject to a 5% cut in state aid.

The law also brings greater regulation. The price was changed by the 2016 law to be $100,000 if a school district fails to comply. Now, the penalty is 1%.

“What it does now is say they have to have a disciplinary policy, but that is only if a teacher were to take a student to have, or be told about an abortion,” said Jennifer Smith, Michigan Association of School Boards director of government relations.

Smith said districts that don't comply undergo a state investigation, where they get 30 days until they forfeit 1% of their funding.

East Lansing Public Schools issued a formal rebuke of the new rules, unanimously passing a resolution condemning them in their Sept. 30 meeting, according to Board of Education President and Michigan State University professor Erin Graham.

Until the language in the section is more clear, Graham said she believes it is difficult for schools to implement a policy that fits the criteria outlined in the law.

“For example, a miscarriage is also referred to as a ‘spontaneous abortion’,” Graham said. “So are we telling our employees that if we had a student that was pregnant and miscarrying at school that they would not be able to assist that student? We would never tell an employee if a student is having a medical issue at school, don’t assist them.”

School board members voted that the law restricts free speech for employees and board members, in a resolution that questions the policy's constitutionality and clarity. It calls upon Gov. Gretchen Whitmer and lawmakers to repeal the provision and Attorney General Dana Nessel to challenge it in court.

While Gov. Whitmer vetoed 147 lines from the budgets passed by Michigan's legislature, she couldn't touch this policy because former Gov. Rick Synder signed it into law.

“It is boilerplate, meaning that ... she can’t just line item veto it,” Graham said. “So, she would have had to either reject it in its entirety, the state’s school aid ... or she would have had to sign it into law. She did sign it into law.”

Whitmer signed the revision into law on Sept. 30, which was when she signed most other school aid budgets.

“The difference is that it’s a broader prohibition on referring or assisting a student in obtaining an abortion,” Graham said. “I think it’s an attack on students' rights. I think it’s an attack on freedom of speech. I think it could be potentially harmful to students' health.”



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