Thursday, January 22, 2009

FW: ACLU suing TIZA school for advancing Islam












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Dear solsticewitch13


You may recall that in March of last year news reports surfaced

containing allegations of improper advancement of Islam at the
Tarek ibn Ziyad Academy (TIZA), a taxpayer-funded charter
school in Minnesota. Based on these reports there appeared
to be substantial evidence that TIZA was in fact an Islamic
school funded with tax dollars.

We sent out several educational and alert emails on
this.
One of our chapter leaders took action, including
contacting elected officials. Guy Rodgers, ACT! for
America Executive Director, spoke with an official at
the Minnesota Department of Education regarding an
investigation of the school.

The investigation led to the Department issuing two citations

to the school for impermissible advancement of Islam. At least
one subsequent Star Tribune story reported that questions about
TIZA’s practices persisted, in spite of contentions by the school
that it was meeting state and federal guidelines.

Yesterday a new story appeared in the Star Tribune which reports

that the ACLU has announced it will file suit against TIZA,
“alleging that it is promoting the Muslim religion…” The
ACLU is also including the Minnesota Department of
Education in the suit, which, according to the story,

“is at fault for failing to uncover and stop the alleged
transgressions.”


As we all know, over the past several years the ACLU
has
actively fought anything that appeared to be an
impermissible advancement of either Christianity or
Judaism in the public schools. We are pleased to see
that the ACLU has finally begun to recognize how
aggressively and militantly Islam
is being promoted in some
public schools across the country.










ACLU to sue TIZA charter school
in Twin Cities


RANDY FURST and SARAH LEMAGIE, Star Tribune
Last update:
January 21, 2009 - 5:04 PM


http://www.startribune.com/local/stpaul/38009569.html


The American Civil Liberties Union of Minnesota said
it will file suit today
against a publicly funded charter
school, alleging that it is promoting the Muslim religion
and that it is leasing school space from a religious
organization, the Muslim American Society of
Minnesota, without following
state law.

The suit was to be filed this afternoon in U.S. District

Court against Tarek ibn Ziyad Academy, known as
TIZA, and the Minnesota Department of Education, which
the ACLU says is at fault for failing to uncover and stop the
alleged transgressions. The suit names the department and
Alice Seagren, the state education commissioner,
as co-defendants.

The department investigated the Twin Cities school last year, and the

school said it had taken corrective actions in response to concerns
about the practicing of religion in the school. TIZA officials have
previously said they are in compliance with federal and state regulations.
In May, Asad Zaman, TIZA's director, said the state inquiry vindicated

the school's position.

"I now have proof that this is not a religious school," Zaman said at the time.

He is one of the defendants, as is Islamic Relief USA, a California
non-profit
organization and TIZA's sponsor.


But the ACLU claims the school is using federal and state money to
promote
religion in violation of the First Amendment of the U.S.

Constitution.

The state ACLU said that the suit was being filed after a lengthy
investigation by the organization. "TIZA has received millions
of dollars of taxpayer money to support what is, in essence, a
private religious school," said Charles Samuelson, state
ACLU executive director. The school, which has one

campus in Inver Grove Heights and a smaller site in
Blaine, had about 430 K-8 students last year, most of
them Muslim.

The public charter school, founded in 2003, receives
per-pupil funding from
the state that the ACLU said is expected

to total $3.8 million for the current school year.

Samuelson said the school took government aid money and paid
it to a
holding company which then donated it to the Muslim
American Society of
Minnesota. The money was used to

pay for rent, according to the suit. He said that the school,
holding company and the society were all incorporated

on the same day by the same people, which Samuelson
said was a conflict
of interest. "They created legal fictions,

but it's the same organization," Samuelson said.

The suit also alleges that there are prayers on the walls of

the school entry and that teachers have participated in student
prayer activities, which is
forbidden in public schools. Samuelson

said the school has used its website to seek volunteers to lead
prayers. He also said that students and staff are required to dress
in attire that conforms to Islamic religion.

The school has issued a handbook instructing staff to not discuss what

goes on at the school, Samuelson said. "You cannot have a broad secrecy
oath"
in a school funded with public dollars, he said.

The ACLU investigation was prompted by a column about the school's

practices by Katherine Kersten, a columnist for the Star Tribune,
Samuelson said.

The column by the conservative writer was recently discontinued.
Samuelson acknowledged that he has heard that the school has
made
changes, but he said he has not seen any documentation to
support the claim.He said he was not asking that the school go out
of business.


"They may choose to become an Islamic school. That would be fine
and
we would defend their right to do it," but they would have to do so
without
public funding, he said. "Or they could choose to follow state

law and change some of their procedures. That would be fine as
well."

The suit also accuses the state Department of Education of
failing to provide
proper oversight over the dispersal of taxpayer
funds to the academy.

"The commissioner and the department have not terminated the

sponsorial relationship, have certified funds for the school,
and have dispersed funds
to the school despite repeated violations....,

" the lawsuit alleges.

Samuelson said the ACLU was not targeting Muslims but defending the

U.S. Constitution, whose First Amendment states in part, "Congress shall
make no law respecting an establishment of religion." He said the school
was also violating a Minnesota charter school law, which states that a charter

school can rent from a religious organization if other suitable space is not
available, the space rented was built as a school and the state approves
of the lease. State law governing charter schools also states that they must
be non-sectarian in their programs and policies. TIZA made no apparent
attempt to rent from a non-profit organization or commercial entity and there
was apparently no review of the lease by either the state Department of
Education, as required by statute, or by the state Department of
Administration, Samuelson said.

In May, the Minnesota Department of Education ordered the school to

change the way it handled student prayer and busing. The school was
allowing students and teachers to attend 30-minute Friday prayers
on school grounds. The state said those prayers could
burden non-praying

students, take up too much class time and give students the impression
that the school endorsed Islam.

The state also took issue with the fact that TIZA did not provide
busing

immediately after classes. Instead, the school waited until the end of
after-school activities, including a religious studies course run by the
Muslim American Society that more than half the students took last year.
In response to the state's concerns, TIZA said in August that it would shorten

the Friday prayers and have teachers who wanted to pray go to a separate
room, but it said some staff members would still join the students to ensure
their safety. The school said an "overwhelming majority" of parents liked the
school's later bus schedule, but said it would reimburse families who wanted
to arrange earlier transportation.

State education officials said at the time that the changes may satisfy the
law,
adding that they would visit the school again. But the ACLU says the

changes are not enough to bring the school into compliance with
constitutional requirements.

School officials said they received death and arson threats, as well as

harassing anti-Muslim messages, after public scrutiny intensified last
spring. Police increased patrols in response, and the school put in a
security buzzer at the door. The suit was prepared by Peter Lancaster
and Megan McKenzie, attorneys from the Dorsey and Whitney law firm,
according to the ACLU.


They did the work on a pro bono basis on behalf of the ACLU, Samuelson
said.




-------------------------------------------------------------------------------------------


ACT for America

P.O. Box 6884
Virginia Beach, VA 23456
www.actforamerica.org



ACT for America is an issues advocacy
organization dedicated to effectively organizing and mobilizing


the most powerful grassroots citizen action
network in America, a grassroots network committed to


informed and coordinated civic action that
will lead to public policies that promote America’s


national security and the defense of
American democratic values against the assault of radical
Islam.








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