As previously reported, the ACLU of Minnesota is moving ahead with its Establishment Clause challenge claiming that a Minneapolis area charter school, the Tarek ibn Ziyad Academy, is promoting Islam. As reported earlier this month by the St. Paul Pioneer Press, new state legislation that takes effect June 30 bans out-of-state authorizers for charter schools, and in a settlement of the ACLU's litigation with it, Islamic Relief USA, the school's current authorizer, has agreed not to reincorporate in Minnesota. (See prior posting.) A trial on the merits of the ACLU's claim is set for November. Facing imminent closure, TiZA's attempt to line up a new in-state authorizer that is acceptable to the state has been unsuccessful. An authorizing organization, Novation, has resubmitted an application after its first proposal was rejected by the state.
In an attempt to remain open, TiZA has gone to court. Last month a state court dismissed the school's lawsuit against Islamic Relief USA. The suit charged that IRUSA was obstructing TiZA's efforts to get a new sponsor. Now, according to Minn Post last week, TiZA has filed suit in federal district court against IRUSA and the state Commissioner of Education. The complaint (full text) in Tarek Ibn Ziyad Academy v. Islamic Relief USA, (D MN, filed 6/15/2011) seeks a declaratory judgment that the Minnesota law limiting charter school sponsors to in-state organizations is unconstitutional as a violation of the due process and equal protection clauses, an impairment of the obligation of contracts and as a violation of the commerce clause. The suit also claims that IRUSA is improperly impeding TiZA's attempts to find a new sponsor.
