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Gov. Tate Reeves vetoes $50M appropriation to UMMC

Gov. Tate Reeves announced Thursday he had partially vetoed an appropriations bill for the University of Mississippi Medical Center, citing the state-owned hospital’s ongoing contract dispute with Blue Cross & Blue Shield of Mississippi.

Reeves’ partial veto of Senate Bill 3010 withholds $50 million of federal American Rescue Plan Act funding appropriated to UMMC by the state legislature for the completion of capital improvements to the patient care facilities and operating suites of UMMC’s adult hospital.

The governor justified the veto by arguing that while UMMC’s teaching center is largely funded by the state, the hospital is not. He accused the hospital of “willingly” turning away patients on private insurance, a reference to UMMC’s contract dispute with Blue Cross that has resulted in the hospital going out of network with the insurer.

Though Blue Cross insurance is not currently accepted at UMMC, the hospital is not turning away patients covered by that insurer. Instead, those patients must pay for their care out of pocket, but at a discounted rate.

“There is little reason that Mississippi taxpayers should radically increase the commitment to further subsidize the operations of UMMC to the detriment of competitors,” Reeves said in a statement. 

READ MORE: Blue Cross, UMMC agree to mediation to settle contract dispute

UMMC officials declined to comment on what this loss of funding would mean for the planned improvements to the hospital. The hospital  is receiving other ARPA funding for improvements to teaching facilities, including $55 million for its School of Nursing building. 

While the governor vetoed the appropriation for UMMC, which is tasked with treating many of the state’s uninsured, he did approve a $7 million appropriation for Gulfport Memorial Hospital.

The legislation, signed into law earlier this week by Reeves, provides $7 million to Gulfport Memorial for the pediatric multispecialty center on or near the hospital’s campus “in collaboration with University of Mississippi Medical Center and Gulf Coast Community College.”

UMMC is a public hospital owned by the state. Gulfport Memorial is a public not-for-profit hospital owned jointly by the city of Gulfport and Harrison County.

Reeves has publicly clashed with Dr. LouAnn Woodward, vice chancellor of health affairs and medical school dean at UMMC, over his handling of the COVID-19 pandemic. Meanwhile, Kent Nicaud, the chief executive officer of Memorial Hospital of Gulfport, hosted a fundraiser at his home for the governor in the midst of a surge in the pandemic. At the time of the event, health care experts were urging caution during social gatherings as most hospitals in the state were filled to capacity.

Nicaud served on Reeves’ state finance committee for his 2019 gubernatorial campaign and has donated tens of thousands of dollars to the governor. Nicaud’s son has also been a significant campaign donor to Reeves.

The state constitution gives the governor partial veto authority, but that authority had been significantly limited by the courts in past rulings. In rulings going back to the 1800s, state courts had significantly limited the governor’s authority to veto portions of appropriations or spending bills until a 2020 Supreme Court decision.

The state Supreme Court had previously ruled that governors could not veto “the purposes or conditions” of appropriations bills. Instead, the governor had to veto entire sections of a bill, not just individual earmarks.

But in the landmark 2020 decision, with six of the nine justices concurring, the court reversed those previous decisions. The state’s highest court went a step further, with six of the nine justices saying that legislators did not have standing to challenge a governor’s partial veto in court.

This means it would be up to UMMC or the Institutions of Higher Learning to file a lawsuit challenging the constitutionality of the partial veto.

If the UMMC veto is not challenged, that $50 million will return to the state’s pool of ARPA funds, which the legislature has until 2024 to appropriate. 

The 2020 partial veto also involved health care and another round of federal coronavirus-relief spending. In that instance, the governor vetoed a $2 million appropriation earmarked to then-shuttered North Oak Regional Medical Center in Tate County that it would receive should it reopen. He also scrapped a $6 million to a program designed to combat health care disparities in poor and minority communities.

Reeves also argued in his statement that building improvements are not the best way to spend $50 million in pandemic relief funding, citing a greater need of health care providers statewide for more staffing.

“That money would be better served in one of the programs that I recently signed to incentivize more training around the state for doctors, nurses, and other healthcare professionals,” Reeves said. “After all, throughout COVID, we always had adequate bad capacity for patients. The central challenge was always the hospitals’ inability to properly staff the beds.” 

The governor’s claim that there were always enough beds for COVID-19 patients is inaccurate. While staffing shortages were, and are still, a major issue for hospitals statewide, capacity issues also emerged during the delta wave of the pandemic. 

UMMC had to construct two separate field hospitals in parking garages during the Delta variant surge last August to handle patient overflow. 

Mississippi has lost more than 2,000 nurses over the course of the pandemic due to burnout or higher paying jobs in other states, often in travel nursing. Some of the state’s ARPA funding has been appropriated to help address this issue, including $40 million for nurse training at colleges and universities and $6 million for repaying nurses student loans. 

Reporter Geoff Pender contributed to this report.

The post Gov. Tate Reeves vetoes $50M appropriation to UMMC appeared first on Mississippi Today.

Amid vetoes, Gov. Reeves lets pay raises for elected officials pass

Gov. Tate Reeves has allowed large pay raises for statewide elected officials — including the governor — to pass into law without his signature amid his vetoing a handful of other measures.

Starting in 2024, after the next election, Mississippi’s statewide elected officials will see pay increases ranging from $25,000 a year to $60,000 a year, or 22% to 67% increases. The governor’s salary will increase 31%, from $122,160 to $160,000. Lawmakers, with some debate, passed the salary increases at the end of this year’s legislative session. A proposal to raise legislators’ pay died.

Lawmakers this session passed a raise in teachers’ pay that averages $5,140, increasing starting teacher pay from $37,123 to $41,638.

Mississippi’s median household income is $45,081 a year — the lowest in the country.

The increases for statewide elected and other officials taking effect in 2024 are:

Office Current salary 2024 salary
Governor $122,160 $160,000
Attorney General $108,960 $150,000
Secretary of State $90,000 $120,000
Insurance Commissioner $90,000 $150,000
Treasurer $90,000 $120,000
Auditor $90,000 $150,000
Agriculture Commissioner $90,000 $120,000
Transportation Commissioners $78,000 $95,000
Public Service Commissioners $78,000 $95,000

The lieutenant governor and House speaker’s salaries will increase from $60,000 a year to $85,000 a year under the new law.

Reeves did not comment on the pay raises. But in a social media post on why he vetoed lawmakers’ spending $50 million on upgrades at the University of Mississippi Medical Center, Reeves said: “It is important to ensure that your money is invested wisely: based on creating value for you. This is the first of several spending vetoes that we will share and answer questions on in the coming days.”

The post Amid vetoes, Gov. Reeves lets pay raises for elected officials pass appeared first on Mississippi Today.

Blue Cross, UMMC agree to mediation to settle contract dispute

Blue Cross & Blue Shield of Mississippi and University of Mississippi Medical Center have agreed to utilize a mediation process to settle the contract dispute that has left the state’s largest hospital out of network with its largest insurer.

The decision comes after Mississippi Insurance Commissioner Mike Chaney sent them a letter on April 21 urging them to agree to mediation. The arbitration process involves bringing in an expert and impartial mediator who can preside over new contract negotiations. 

Chaney told Mississippi Today on Thursday that he’ll be providing several recommendations for prospective mediators by next week. 

Blue Cross and UMMC used the same mediation process to settle their last contract dispute in 2018, and it took around ten days to strike a deal, Chaney said. At that time, Blue Cross agreed to remove language that made the contract evergreen, meaning the insurance company could no longer change the contract terms at any time.

UMMC is asking for the same increases to its reimbursement rates as it did in 2018.

After the two parties agree on who the mediator should be, a deadline will be set for them to settle their differences.  Chaney told Mississippi Today that the deadline will likely be  June 1 – 30 days before the end of the 90-day “continuity of care” period, where certain Blue Cross patients can still receive care at UMMC and have their insurance accepted. 

Under state agency rules, Chaney is not allowed to directly mediate or help settle disputes over contacts between insurance companies and health care providers.

Chaney’s involvement stems from concerns that UMMC not being in Blue Cross’ network runs afoul of state network adequacy regulations due to UMMC providing services that cannot be found elsewhere in the state, such as its organ transplant unit and children’s hospital.

BCBSMS maintains that even without UMMC, it is still meeting its network adequacy requirement. BCBSMS also said that the remedy in a situation where network adequacy is an issue is for it to provide network level benefits to its customers for those services, which it has offered to do by directing its members to sign a written direction of payment instructing the insurer to pay the hospital. 

UMMC has declined to accept those payments from BCBS, arguing that it would allow BCBSMS to continue paying at unsustainable rates. 

UMMC and Blue Cross have not been in communication since April 1, when UMMC officially went out of network with the insurance company, according to officials from both entities. Tens of thousands of Mississippians – some of them gravely ill and others in need of advanced specialties only available at UMMC – are stuck in the middle of the dispute.

Though the two parties have had similar contract disputes in previous years, this is the first time UMMC has been removed from BCBSMS’ network. 

As a result, tens of thousands of Mississippians have been left to face higher out-of-pocket medical expenses or find care elsewhere. Potential transplant recipients who have spent months or years on organ donation waitlists have been placed on hold. Parents of children who require specialized care that can only be provided at UMMC’s children’s hospital have been left with costly and inconvenient options for continuing their child’s care. 

UMMC is asking Blue Cross for substantial increases to inpatient, outpatient and professional reimbursement rates, some as large as 50%. Overall reimbursement from Blue Cross would increase by around 30% in the first year of the new contract. 

Mississippi has the lowest reimbursement rate from commercial insurance companies for inpatient services in the nation, according to a 2021 white paper by the actuarial and consulting firm Milliman. While UMMC maintains that BCBSMS is paying them well below market rates for other academic medical centers in the region, BCBSMS argues that agreeing to the increases would necessitate significant premium increases for their customers – despite a Mississippi Today investigation that revealed the insurer is sitting on an enormous reserve of money.

The post Blue Cross, UMMC agree to mediation to settle contract dispute appeared first on Mississippi Today.

State Auditor Shad White Responds to Guilty Plea of Nancy and Zach New in State Case

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JACKSON, Miss. – Today Nancy and Zach New pleaded guilty to the largest public fraud scheme in state history. I will avoid extensive commentary because there is still a gag order in one case, but as I said today, I’m proud of the work my investigators and the prosecutors did to get us here.

I’ve pledged to both state and federal prosecutors that we will help them obtain any information they need as they decide on others they will charge.

In February 2020, I gave the FBI access to all the evidence we had. Since then we’ve worked hand in glove each day with them to move this case forward. Between us, the FBI, and the Office of the Inspector General, this case will be fully investigated. Period

The post State Auditor Shad White Responds to Guilty Plea of Nancy and Zach New in State Case appeared first on Mississippi Office of the State Auditor News.

Elon to the rescue….

It’s a bird. It’s a plane. It’s Elon Musk?

Not too long ago we learned that Musk, the enigmatic CEO of Tesla, had gone from being a Twitter provocateur to its largest shareholder. Discussions followed on whether he should receive a board seat.

Instead, he just decided to buy the whole company for a whopping $44 billion (pending the paperwork pushers finishing their duties). Musk maneuvered the acquisition like Don Corleone, making an offer the Twitter board of directors could not refuse.

He is certainly one of the more eccentric businessmen in the world. His cryptic tweets are well known. A single emoji can influence the value of a stock or cryptocurrency. He was once a hero of progressive voices, leading the revolution to end the use of fossil fuels. Tesla’s business model has relied heavily on government subsidies, but Elon simultaneously exhibits a libertarian streak.

His commitment to the open exchange of ideas has turned him into a cult-like hero for many conservatives, who have felt censored and deprioritized by platforms like Twitter. After the purchase, he called “free speech the bedrock of a functioning democracy.” And Elon believes, as many others do, that social media is today’s digital town square.

In recent years, there have been serious questions about Twitter’s growing influence over culture and its design and operation bias. Accusations that Twitter’s algorithms boost the reach of progressive content, while restricting or “shadow banning” conservative content, have been frequent. Most visibly, the platform has banned certain accounts, spanning from former President Trump to the Babylon Bee.

The Bee, a Christian, conservative satire site, drew the ire of Twitter’s overlords for daring question woke cancel culture and in the process ironically got canceled. Simultaneously, Twitter has allowed accounts for the Taliban, and even Russian autocrats launching war on the sovereign nation of Ukraine, to remain active. This inconsistency has raised eyebrows, including those belonging to its new owner.

At Empower, we believe that good ideas can withstand bad ideas. The best way for us to learn and grow as a people is to hear and consider a wide swath of viewpoints, even viewpoints that make us a little uncomfortable or challenge our preconceived notions. Echo chambers, where we only ever hear from people who agree with us, make us mentally flabby and less equipped to engage in civil discourse that advances the ball.

While platforms like Facebook and Twitter are private companies with the ability to set terms and guidelines for their use, they offer the greatest benefit when they do not tilt the scale, but allow for real debate. We’re hopeful that Twitter can come closer to that ideal under Elon’s rule.

One final word, the purchase of Twitter by Musk has raised a lot of “he could have used that money to end world hunger” type arguments. It seems worth noting that the U.S. government spent $6.8 trillion in 2021, or over 150 times the purchase price of Twitter, and it did not end world hunger. The best way to address need in this country and globally is to expand economic opportunity—that is to create jobs that allow people to both take care of themselves and create value for their neighbors. An investment in a sustainable business is a more impactful way to improve lives than even temporary charity.

Tweet on.

CORRECTION: Sweet Turns Sour Over ‘Dream Team’ Antics

attorney-dennis-sweet-III
Jackson Attorney Dennis Sweet III

(CORRECTION: It was incorrectly stated that Dennis Sweet III filed a motion to withdraw as co-counsel to Mrs. Bevily in her capital murder trial. Mr. Sweet did not file the motion, but instead sent the motion to third parties for review, with the intention of filing it under seal. The post has been updated and the title has been modified from “Sweet Turns Sour Over ‘Dream Team’ Antics, Motions to Withdraw as Co-Counsel” to “Sweet Turns Sour Over ‘Dream Team’ Antics.” HPNM regrets the error.

Additional information can be found by clicking here.

Sweet III is currently co-counsel with his son Dennis Sweet IV. Sweet stated in his unfiled motion,

“Recently, Sweet learned that certain individuals are believed to have contacted members of the general public in Monroe County, Mississippi, the site of the Defendant’s new trial, in an effort to sway public opinion as to the guilt or innocence of the Defendant. Sweet does not desire to be involved in any way in the conduct alleged to have occurred. It is further asserted, that under the present circumstances, it is impossible for Sweet to prepare for a trial. For the foregoing reasons, Sweet desires to immediately withdraw from his representation of the Defendant.”

“WHEREFORE, PREMISES CONSIDERED, Dennis C. Sweet, III, one of the attorneys of
record for the Defendant, T’Kia Bevily, requests that he be allowed to withdraw as counsel for said Defendant and that he assume no further duties or responsibilities in this matter.”

You can learn more about the criminal contempt investigation into Mrs. Bevily’s brother, Christopher Smith, by clicking the links below.
https://hattiesburgpatriot.com/instant-articles/judge-awakens-dream-team-with-criminal-contempt-investigation-special-judge/

https://hattiesburgpatriot.com/crime/courtroom-coverage-trials/tkia-bevilys-dream-teams-sweetnlow-efforts-to-taint-the-jury-pool-leads-to-contempt-hearing-tomorrow/

Bevily Motion to Withdraw
Dennis Sweet III filed a motion to withdraw as co-counsel in T’kia Bevily’s defense.

State accepts guilty pleas from Nancy and Zach New in welfare case

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The state accepted the guilty pleas of Nancy and Zach New in Mississippi’s sprawling welfare scandal on Tuesday — a move that makes their agreement to cooperate with prosecutors and testify against their co-defendants official.

The News had submitted their guilty pleas for the state charges last week. 

Nancy New, a 69-year-old former educator, is pleading guilty to four counts of bribing a public official, two counts of fraud against the government, six counts of wire fraud and one count of racketeering. Her deal comes with a total maximum sentence of 100 years, but prosecutors have recommended that the state sentence her to equal or lesser time than her federal sentence, once federal sentencing has occurred. 

In other words, state prosecutors recommend Nancy New serve her entire sentence in federal prison — allowing her to avoid serving time in the more barbaric state prisons — and serve no additional time for the state charges above what she serves in the federal case. She pleaded guilty in the federal case earlier last week to one count of money laundering, which carries a maximum sentence of ten years.

READ MORE: Nancy and Zach New plead guilty to bribery and fraud in state welfare case

Zach New, the 39-year-old vice president of his mother’s nonprofit, pleaded guilty to the same charges, minus racketeering and one less count of wire fraud. State prosecutors have offered him the same deal to serve only the number of years he receives in the separate federal case. He pleaded guilty in the federal case to conspiracy to commit wire fraud, which comes with a maximum sentence of five years. 

Prosecutors split off Zach’s charge in a separate bill of information, a document that is filed when a defendant agrees to plead guilty without the grand jury handing down an indictment, to ensure that Zach would be able to serve his time in federal prisons.

Both Nancy and Zach New have agreed to cooperate with prosecutors and testify against their co-defendants. Both state and federal criminal investigations are ongoing and could result in charges against additional people, sources close to the probes say.

READ MORE: Phil Bryant had his sights on a payout as welfare funds flowed to Brett Favre

The post State accepts guilty pleas from Nancy and Zach New in welfare case appeared first on Mississippi Today.

Report: Proposed college aid program will create ‘new problems’ for low-income students

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A proposed overhaul of Mississippi’s state financial aid programs is complicated, unlikely to address existing issues and could create problems for low-income students, according to a new report from the Urban Institute. 

Instead of pursuing the Mississippi One Grant, the report recommends the state consolidate its college aid programs into two simple grants: One program to provide low-income students with need-based aid, and another that makes awards based on a students’ grades or test scores. 

“The state will always face trade-offs between controlling the budget and providing the support on which so many students depend,” the report says. “But designing programs that allow students who cannot afford college on their own is the most promising strategy for ensuring a high return on the state’s investment.” 

The report also says the One Grant will not effectively help more students get degrees, in part because it will decrease the funding available for low-income students who already struggle to afford college in Mississippi, the poorest state in the country. 

“Taking the money from students who really depend on it just doesn’t seem like the best way to balance the budget, because it’s very short-sighted,” said Sandy Baum, one of the report’s authors. 

Baum and her co-author, Kristin Blagg, have studied state aid programs in Texas and New Jersey. Baum and Blagg studied annual reports from Mississippi’s Office of Student Financial Aid, looked at existing research on state aid and college access, and talked with Get2College, a local non-profit. 

Mississippi’s three college financial aid programs have faced scrutiny in recent years. Advocates for college access in Mississippi, like Get2College, say the state’s programs no longer serve their original purpose, which is to help low income and middle class students afford to go to college.

The Postsecondary Education Financial Assistance Board, which oversees Mississippi’s financial aid programs, is primarily concerned about the growing cost. As the price of college tuition increases in Mississippi, so has the cost of the state financial aid programs, particularly the Higher Education Legislative Exchange Grant for Needy Students, which pays for all four years of undergrad for low-income students. 

The board has explored ways to minimize the cost of its programs since 2019. The One Grant, unveiled last October, was the board’s latest proposal. 

Under the One Grant, the state would award aid based on a student’s financial need and academic merit. The highest award of $4,500 would go to the poorest students with the best ACT scores — that award is significantly less than many low-income students currently receive from the HELP grant. 

READ MORE: How much financial aid will you get under the Mississippi One Grant?

While low-income students would lose thousands of dollars in financial aid under the One Grant, more affluent students would gain money. That also means that Black students, on average, would lose money, and white students would gain money. 

“Every state has different demographics, different circumstances and different goals,” Baum said. “But what’s always going to be true is, awards based on test scores, and on high school grades, are going to be disproportionately tilted towards more affluent students.” 

Research shows that affluent students whose families can afford college are more likely to go regardless of the financial aid they can receive, Baum said, whereas grants and scholarships make more of a difference for low-income students. 

Baum said she would urge policymakers in Mississippi to see how the One Grant creates “this problem of trying to kill two birds with one stone.” 

“It’s really tough to take one specific policy tool and use it to solve both of your very diverse goals,” she said. “That’s not something that’s specific to Mississippi.”  

College is increasingly unaffordable for the average Mississippi family as the eight public universities have steadily increased tuition. Yet lawmakers and members of the Post-Secondary Board have looked for ways to limit the number of students who can qualify for college financial aid in Mississippi. 

Last year, state Sen. Briggs Hopson, R-Vicksburg, proposed a bill that would raise the ACT scores required to get financial aid through the MTAG and MESG programs. His proposed requirements — 17 for MTAG and 30 for MESG — are higher than the minimum ACT score of 16 that most students need to gain entrance to Mississippi’s public universities. 

The report says it is “counterproductive” that the ACT standards to receive state aid in Mississippi are higher than the scores required to be admitted to public universities. 

“You don’t have to believe that everybody should go to college right after high school to think that, if you’re going to accept students and enroll them, you should do everything you can to help them succeed,” Baum said. “And that means both giving them academic support and social support and financial support.” 

“It’s hard to see the logic of saying, you know what, let’s accept them and then hope that they can’t afford to come,” she added. 

The One Grant has floundered as a proposal. This session, no lawmaker introduced the One Grant in a bill. The Post-Secondary Board is now considering ways to engage lawmakers in discussion about state financial aid programs this summer. 

Baum and Blagg hope board members will consider the proposal the next time they think about retooling state aid. Their report recommends that Mississippi should consider programs that have the same deadline, require minimal application materials, pay for summer semesters, and provide aid to part-time and adult students. 

“In the next go around, a good next step (for the board) is thinking clearly about separating out where you want the aid for merit to go and where you want aid for financial needs to go,” Blagg said. 

The post Report: Proposed college aid program will create ‘new problems’ for low-income students appeared first on Mississippi Today.

Auditor White Announces Vicksburg Warren School District as First PIE Award Winner

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JACKSON, Miss. – Today State Auditor Shad White honored the Vicksburg Warren School District (VWSD) as the first-ever Mississippi Public Innovations and Efficiencies (PIE) Award winner. To win the award, the school district demonstrated successful use of computer software meant to keep its students safe and save public money.

“It’s great when the Auditor’s office gets to honor good work by someone in government, and that’s the purpose of these PIE awards. We want to encourage new thinking that saves taxpayers’ money,” said Auditor White.

Auditors were particularly struck by a portion of Vicksburg Warren’s PIE application. Within days of implementing a new software program meant to prevent students’ unsafe online behavior, school administrators were alerted to a student’s concerning online activity. The alert indicated the potential for self-harm. A principal immediately contacted the student’s family. By implementing the software, VWSD was able to help prevent what might have been a tragedy.

“A child’s life is priceless, and it’s great to see an innovative practice helping the taxpayers and simultaneously protecting our most precious resource: Mississippi’s children,” said Auditor White.

The innovative use of technology in Vicksburg Warren School District has also reduced the risk of ransomware (and the losses to taxpayers that can come from paying a ransom) and reduced the risk of computers being misplaced or stolen.

“Cybersecurity may not be the first thing people think of when they consider the field of education, and yet we focus on protecting students and staff each day from cyber threats. An ounce of prevention is worth a pound of cure, and our Technology Team, along with our vendor partners, has made great strides in keeping our students and staff safe online,” said VWSD Superintendent Chad Shealy. “We appreciate being recognized by the State Auditor, Shad White, for this important work and look forward to continued collaboration with the Office of the State Auditor to continually improve our effectiveness in all areas as we work together to serve children.” The Mississippi PIE Award was established this year to recognize high-performing government offices.  The State Auditor’s office will continue to release more PIE Awards winners in the coming weeks

The post Auditor White Announces Vicksburg Warren School District as First PIE Award Winner appeared first on Mississippi Office of the State Auditor News.

Lawmakers spent public money on private schools. Does it violate the Mississippi Constitution?

This past session the Mississippi Legislature gave $10 million to K-12 private schools even though the state constitution appears to be one of the few in the nation to prohibit the practice of providing public money to private schools.

Mississippi is among the 37 states that have so-called “Blaine Amendment” constitutional provisions that ban the expenditure of public funds for private, religious schools. But Mississippi takes that provision a step further: its 1890 Constitution appears to prohibit the expenditure of public funds at any private school.

“No religious or other sect or sects shall ever control any part of the school or other educational funds of this state; nor shall any funds be appropriated toward the support of any sectarian school, or to any school that at the time of receiving such appropriation is not conducted as a free school,” Section 208 of the Mississippi Constitution reads.

Despite the language, the Legislature in recent years has both appropriated funds to private schools and provided tax credits to those who contribute to private schools.

During the recently completed session, the Legislature appropriated $10 million in federal American Rescue Plan Act funds to private schools. The legislation created a debate in both the House and Senate with a bipartisan group of senators stopping the proposal until leadership was able to garner the votes to pass it.

Senate Accountability, Efficiency and Transparency Chair John Polk, R-Hattiesburg, told his colleagues who were opposed to the public funds going to private schools that the private schools had been impacted by COVID-19 and needed help to improve their infrastructure with the federal funds.

“We want to make sure they have some ability to improve their conditions,” he said.

During the lengthy debate of the legislation, though, no one brought up Section 208.

READ MORE: Legislature gives $20 million in pandemic relief funds to private schools, colleges

“We believe public money should be spent on public schools,” said Brandon Jones, an attorney and director of political campaigns and policy for the Southern Poverty Law Center Action Fund. “There are a lot of folks working hard against that idea. This appropriation is part of a coordinated effort by special interest groups and politicians to redirect public dollars to private schools.”

As far as Section 208, Jones said, “Our state constitution has prohibited the use of public dollars for private schools for years, but those types of protections are under attack across the country. As an example, there is a case from Maine that is in front of the U.S. Supreme Court right now that could make it even easier for politicians to send public money to private schools.”

That Maine case — Carson vs. Makin — involves state law, not the constitution. Maine law allows students to access public funds to attend private school in certain rural areas. But the law prohibits the public funds from being used at religious schools.

The argument before the Supreme Court, according to SCOTUSblog, is “whether a state violates the religion clauses or equal protection clause of the United States Constitution by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or ‘sectarian,’ instruction.”

Earlier the Supreme Court ruled in a case from Montana (which does have a provision in its constitution preventing the expenditure of public funds at religious schools) that if money was being provided to non-religious private schools, it also had to be given to religious schools.

The difference between Montana and Mississippi is that the Mississippi Constitution seems to also prohibit providing public funds to all private schools — whether religious or not.

“Mississippi’s Constitution clearly prohibits the appropriation of funds to any private school,” said Nancy Loome, executive director of the Parents Campaign, a public school advocacy group. “The Legislature in recent years has routinely flouted this constitutional mandate, sending taxpayer dollars to private academies while intentionally underfunding the public schools for which the Legislature is responsible.”

South Carolina, like Mississippi, has a clause in its constitution prohibiting the expenditure of public funds at both religious and non-religious schools.

Just as it did with the federal American Rescue Plan Act funds, Mississippi in 2020 provided federal Coronavirus Aid, Relief and Economic Security Act funds to private schools. In South Carolina, the issue of providing public CARES Act funds to private schools was the subject of a lawsuit.

In 2021, a federal judge ruled the South Carolina Constitution prohibited providing federal CARES Act funds to private schools. The judge ruled that the state constitution did not discriminate against religion because it prohibited public funds to all private schools.

The language in state constitutions banning the funding of religious schools is traced back to James Gillespie Blaine, the Republican minority leader of the Maine House of Representatives. He advocated for an amendment to the U.S. Constitution preventing public funds to religious schools. Efforts to place the language in the U.S. Constitution narrowly lost, but through a national movement similar language was added to many state constitutions in the 1800s.

Supporters of school vouchers argue that the language in the state constitutions banning public funds to private schools is discriminatory. The amendments, many believe, was aimed originally at Catholic schools. Many Catholics argued that they were discriminated against in the public schools.

Loome argues that preserving public funds for public schools is far from discriminatory.

“During and following integration in the 60s and 70s, lawmakers diverted much-needed funding and resources away from public schools and into private segregation academies,” she said. “It was wrong then, and it is wrong today. The public’s funds belong in the public’s schools, and our constitution makes that plain. “

She added, “The private schools that are getting millions of taxpayer dollars have no accountability for the expenditure of public funds. Public schools are held accountable publicly, with ratings and test scores, and publicly available data. If private schools operate in private, as is their right, they should do so solely with private funds.”

Others argue that parents should have the right to spend their tax dollars on a school of their choice.

The post Lawmakers spent public money on private schools. Does it violate the Mississippi Constitution? appeared first on Mississippi Today.