Eleven organizers who planned to open new voucher schools this fall but were rejected by the recently formed New Schools Approval Board have sued State Superintendent of Public Instruction Tony Evers and Marquette University.
In a lawsuit filed this month, the organizers contend that Evers and Marquette University violated the due process clause of the U.S. Constitution's 14th Amendment by turning over the legislative authority to approve voucher schools to a private party, the Institute for the Transformation of Learning at Marquette.
The school organizers are asking for an injunction restraining Evers from enforcing the new provisions passed by the Legislature this summer that tightened regulations on schools within the Milwaukee Parental Choice Program, or voucher program.
Those provisions required that plans for new voucher schools be approved by the New Schools Advisory Board, part of the Institute for the Transformation of Learning, which is led by voucher and charter school advocate Howard Fuller.
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