Local Governments Can Not Close Schools
The Wisconsin Supreme Court ruled in a 4-3 decision Friday (6/11), that the Madison Dane County Public Health Department’s order to close schools last August was not constitutional.
The Court found in WCRIS v. Heinrich that local health officials do not have the authority to close schools. In addition, the order violates the Wisconsin Constitution’s religious liberty provision. The court declined to review other arguments claiming the order violated the state constitutional guarantee of a parent’s right to direct their child’s education and upbringing.
Public Health Madison & Dane County (PHMDC) issued its closure order suddenly late one Friday after WCRIS schools had spent weeks and thousands of dollars complying with the county’s requirements for a return to in-person instruction amid the COVID-19 Pandemic.
The County’s notice was a shocking blow to schools who were poised to reopen the next week. In many cases, families had less than 72 hours to find alternative child care and job accommodations. This threatened the very livelihood and safety of many of our students’ homes.
It was uncertain whether the PHMDC had the actual legal authority to make such a sweeping decision. Realizing the potential impact on every school in every Wisconsin county, the WCRIS Board of Directors agreed to turn to the courts for clarification.
“We could see that in other parts of the world, children remained safely in school with proper health measures,” said WCRIS Executive Director Sharon Schmeling.
“Our schools were totally willing to follow whatever measures were necessary to keep our students and staff healthy. But the government wouldn’t allow it. The question had never been tested in the state’s 172-year history. So, it was our role to ask if such a ruling was what the legislature had intended when the law was written,” she said.
“Clearly, the court found it was not.”
“It’s a noteworthy decision for many reasons. For our part, it will forever enshrine WCRIS in the state’s case law and be a reminder of the role that religious and independent schools serve in Wisconsin K-12 education infrastructure,” she said.
Read about the details of the ruling here from the attorneys at the Wisconsin Institute for Law and Liberty (WILL), who generously and successfully represented WCRIS before the court.
