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Efforts Seek to Restore ACC Funding
SOLDOTNA,AK (October 17, 2005) - The attorney representing Alaska Christian
College (ACC) says the institution is working with the U.S. Department
of Education (DOE) to reinstate more than $431,000 in federal funding
the department suspended a week ago.
The school is working with the DOE and the White House Office of Faith
Based Initiatives to develop a corrective action plan, says the
college's attorney, Derek Gaubatz. "We are confident that at the end of
that process, we will come up with a plan that allows funding to return
to the school and satisfies all concerned."
The DOE ruled in a determination letter that money it initially
appropriated for the school violated the separation of church and state.
During the last three years, Alaska's congressional delegation had
obtained a little more than $1 million for the school through earmarked
funds, including the $431,000. That allocation accounts for 34 percent
of the school's budget, says Keith Hamilton, ACC president.
Gaubatz contends the determination letter "seriously misstates existing
Establishment Clause precedent." For example, challenges to the funding
continually claim that the school cannot receive funds because the
school has a 'religious purpose' behind its mission. "But that is not
the law, under either the Establishment Clause or the applicable DOE
regulations."
Gaubatz adds that if the department's reasoning was upheld, "then no
religiously affiliated school could ever get any government money
because anything that such a school does would be 'tainted' by its
religious mission." Those schools would have to "strip the faith out of
its program – the very element that makes the program effective – in
order to receive government money."
The DOE began investigating the funding after a lawsuit was filed April
21 by the Freedom From Religion Foundation based in Madison, Wisconsin.
The group argued that the funding violated the separation of church and
state because ACC "promotes whole-life discipleship, including teaching
from the Bible and teaching about faith in Christ."
The law allows funding to be used for non-religious activities, Gaubatz
says. The school maintains the money is not used for religious purposes,
but is used for scholarships and activities such as tutoring.
Scholarships were not able to be extended to many students because of
the withholding of funds, Hamilton says. "That's what has taken the
biggest hit." The school has been able to retain its staff and has not
had to reduce programs. Some future projects have had to be delayed,
however.
Hamilton says the school, which was established in 2000, helps students
transition from village life to their first year of college. Less than
five percent of Alaska Native high school graduates complete even their
first semester of college, statistics show.
Gaubatz also takes issue with the department's determination that
students are forced to participate in religious activities against their
will, saying, "The DOE ignores, however, that every Native Alaskan
student who attends ACC has done so voluntarily and has selected ACC
over other schooling options in the state that offer a completely
secular curriculum."
Gaubatz is the director of litigation for The Becket Fund for Religious
Liberty, which helps organizations with First Amendment issues.
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