The audio version of this story is AI generated and is not human reviewed. It may contain errors or inaccuracies. The effort of Mississippi House leaders and others to expand programs providing public funds to private schools validates the oft-repeated quote that “history may not repeat itself, bu t it often rhymes.” Efforts by Mississippi legislators to send public funds to private schools go back to at least the 1960s. The current effort, led by House Speaker Jason White and buttressed by President Donald Trump and Gov. Tate Reeves, would provide funds to parents to allow them to help pay for the children’s education at a private school. The argument is made that such a scheme, sending the money to parents to help pay for their child’s private school education, will not violate Section 208 of the Mississippi Constitution, which states definitively that public money may not go to schools not operating as “free schools.” The argument is being made that it would be constitutional because the public money is going to the parent instead of the private school. Some would argue that the process is simply trying to achieve through deception what the Mississippi Constitution says is prohibited and, who knows, maybe that is the definition of lawyering. There have been limited state court cases involving Section 208, and none of those addressed directly the issue of whether providing public funds to a family to be spent on a private school education is constitutional. It is almost certain that many of the nine members of the Mississippi Supreme Court would prefer not to have to take up the explosive issue. But if the bill passes the Legislature, it is almost certain that it will land in justices’ laps at the state’s highest court. While it does not appear there has been a state case addressing the particulars that will be in front of the Mississippi Supreme Court if the bill becomes law, in 1969 there was a federal case with similar facts. The U.S. 5th Circuit Court of Appeals struck down a state law sending public funds, called tuition grants, to families to be spent on a private school education. As the number of Mississippi private schools exploded in the 1960s to provide white students an escape from attending classes with Black students, the Mississippi Legislature passed a bill to provide funds to white students to be used to attend segregationist academies. Many of those academies still exist today and could benefit if the new effort to provide public funds to private schools becomes law. The 5th Circuit did not address Section 208 of the Mississippi Constitution, but instead said the law was discriminatory. The 5th Circuit found that the law “encourages, facilitates and supports the establishment of a system of private schools operated on a racially segregated basis as an alternative available to white students seeking to avoid desegregated public schools.” Granted, 2026 is much different than the 1960s. There are many private schools that enroll and do a good job educating Black students. But there are still private schools that take great pride in being the sole overseer of their enrollment criteria. The private schools told legislators during a hearing on the issue last year that they would not relinquish their authority to decide who they enroll. There are, no doubt, private schools that deny enrollment to certain disabled students because of the high cost of providing those children an education. And, no doubt, there would be private schools that would balk at enrolling gay or trans students. Some private schools also might deny enrollment to students who openly embrace certain religious practices. Are those forms of discrimination? In 1969, like today, the executive branch of the federal government got involved in the issue of sending public funds to private schools. The Trump administration has endorsed the bill pending in the Mississippi Legislature. In 1969 the Justice Department of then-president Richard Nixon opposed the effort to provide “tuition grants” for students to attend private schools. The opposing positions taken by the two presidents perhaps proves that sometimes history does not repeat itself and doesn’t even rhyme. ...read more read less