East Lansing schools refuses to adopt rules against abortion assistance, could face $250K penalty

EAST LANSING —  East Lansing Public Schools is taking a stand against a state law that requires school districts to punish any employee or official who assists a student in obtaining an abortion.

It could cost the district close to $250,000, 1% of its state funding.

The district's board of education voted 6-0 at a special meeting Sept. 30 to reject adopting a policy that would discipline school officials, board members or district employees who help a student get an abortion and then voted 6-0 again in support of a resolution opposing the law, calling on Michigan legislators and Gov. Gretchen Whitmer to repeal it.

The law is vague and lacks clear definitions for crucial words, like “abortion,” “refer” and “assist,” said school board President Erin Graham. She called the law an overreach of state government that limits what students learn about important health issues.

"Schools are in the business of education,” she said, in an email. "It ties appropriations to the passage of a local board policy restricting speech about a legal medical procedure. To my knowledge, nowhere else in statute are state appropriations for schools tied to speech about a legal medical procedure."

Section 166 of Michigan’s State School Aid Act went into effect in 2016 and has since been revised. Other local schools, the Lansing School District and Williamston Community Schools among them, have adopted policies or continue revising their rules.

East Lansing is one of the few districts to challenge the law. Graham has been in contact with Whitmer’s office and with legislators. She also hopes Attorney General Dana Nessel will take a look and find the law to be “unconstitutional and unenforceable.”

The attorney general’s office currently is not looking into the law, said Communications Director Kelly Rossman-McKinney.

Despite the cost of not following the law’s requirement, “Ultimately, I believe that protecting our students’ health and well-being must take priority,” Graham said.

Chris Martin, another East Lansing school board member, taught in Harlem in New York City for four years before going to law school. He said he learned there that teachers sometimes play an important role for students who do not have support at home or from the community.

“If it comes down to a time where a student needs to talk to a teacher about it, then it’s probably pretty darn important,” he said. “If it came up, I wouldn’t want to limit that.”

State Rep. Jim Lower, R, Greenville, advocated for the law and supports the rule requiring schools adopt disciplinary policies.

He said teachers “should not be helping students procure abortions.” He also challenged assertions from those, like Graham, who say the law is too vague.

“I think it’s a cop-out answer,” he said. “They don’t want to debate the real issue, which is should teachers be assisting students in what is a life or death issue.”

He doesn’t see any more changes coming to the law, especially since it’s already been revised. A significant change included cutting individual penalties for individual teachers and school officials.

Board member Kathleen Edsall said public schools have an obligation to address public health issues.

She believes district officials and employees should be allowed to “assist” or “refer” students without fear of repercussions. And students should have access to comprehensive sex education classes, Graham said. 

“This would include information about all legal and available reproductive healthcare services, including abortion, in order for students to be able to make informed decisions,” she said. 

Edsall fears the financial penalties the school district could pay, but she's also worried about the precedent the law sets. 

“What if the legislature required all teachers to carry guns?" Edsall said, in an email. "Where does local control end and state control begin in regards to these issues?”

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Contact Mark Johnson at 517-377-1026 or at majohnson2@lsj.com. Follow him on Twitter at @ByMarkJohnson.