AG: Hawaii Legislature’s Subsidy for Private School Unconstitutional
A $1.5 million grant that the 2013 Legislature agreed to set aside for a private Hawaii Catholic school is unconstitutional, according to a recent memo from the state deputy attorney general addressed to Senate President Donna Mercado Kim.
Deputy Attorney General Randall Nishiyama鈥檚 memo, dated Sept. 3, 2013, notifies Kim that the grant for Kalihi鈥檚 violates a in Hawaii鈥檚 constitution prohibiting the state from contributing public money to private schools.
A spokeswoman for the AG鈥檚 office told Civil Beat that means the state won鈥檛 end up releasing the grant money, which would鈥檝e subsidized a $12 million construction project that includes a new athletic complex, library and student services building, among other renovations.
鈥淚鈥檓 glad someone caught it before it was released,鈥 said Rep. Karl Rhoads, whose district includes Kalihi. 鈥淚t (the grant) passed the whole process. Every single member voted in favor of the budget.鈥
Civil Beat reported last week that the Catholic school鈥檚 subsidy is one of about three dozen worth roughly $32 million that the Legislature agreed to allocate through what are known as grants-in-aid. Aside from two preschools, Damien is the only school to receive such a grant. It鈥檚 also one of the only religious institutions.
Damien serves grades six through 12 and falls under an international network of Roman Catholic schools known as the Congregation of Christian Brothers, the same organization that .
A spokesman for Damien told Civil Beat Monday that the school wasn’t aware that the AG’s office has deemed the grant unconstitutional.
The subsidy, which like other grants-in-aid was vetted through the finance committees as part of the , has been raising eyebrows in recent weeks among public school teachers, those who advocate for the separation of church and state, and .
The Legislature can under earmark grants-in-aid for nonprofits as long as the organizations and prove that the money would serve a public purpose. But critics questioned lawmakers for approving the Damien subsidy when aging public schools across the state are notoriously strapped for cash and Hawaii consistently ranks last in the country for public school capital improvement project funding.
What鈥檚 more egregious, they say, is Damien鈥檚 religious affiliation.
A review of budget bills dating back to 2001 shows that grants-in-aid for private schools are very rare.
Chairs of the Legislature鈥檚 finance committees, who ultimately decide which grants to approve, couldn鈥檛 be reached for comment Monday. But lawmakers who did speak with Civil Beat said they didn鈥檛 think the constitutionality of Damien鈥檚 grant had been questioned during session.
Anne Lopez, spokeswoman for Attorney General David Louie, didn鈥檛 think the AG鈥檚 office had received an inquiry about Damien鈥檚 grant prior to Kim鈥檚 memo, either. Lopez did say, however, that the state has in the past chosen not to release grants approved by the Legislature.
The provision Nishiyama cited in his memo involves the same section of the constitution that voters are being asked next year to amend, thanks to a controversial lawmakers passed last session. That bill is putting a question on the November 2014 ballot asking voters whether the Hawaii constitution should be amended to let the state use public money for private preschools.
Nishiyama鈥檚 memo was responding to an inquiry from Kim, who sought the AG’s advice after receiving a phone call from someone questioning the grant鈥檚 constitutionality, according to the senate president鈥檚 Chief of Staff Terrence Aratani.
