The ACLU's suit against Minnesota's controversial TiZA charter school can go forward, a judge ruled yesterday. The publicly funded academy, which focuses on Arabic language and culture, denies accusations that it improperly promotes Islam, and moved to have that challenge dismissed. The judge, however, determined there is enough evidence to proceed with a trial.
Viewing the record in the light most favorable to Plaintiff, the Court determines that a reasonable juror could conclude that TiZA’s practices establish a pervasively sectarian atmosphere for the purpose of promoting Islam. In particular, a reasonable juror could conclude that TiZA was founded specifically to create a religious school and that elements of its operation have the primary principal effect of advancing the religion of Islam. Accordingly, the Court denies TiZA Defendants’ motion for summary judgment on Plaintiff’s Establishment Clause claims.
The ACLU previously settled with the state of Minnesota, but the suit continues against the school and some school officials. The Minneapolis Star-Tribune reports the trial will likely get under way in the summer.
