Florida Christian College (FCC) and five of its students filed suit against the State of Florida March 8, challenging their religion-based exclusion from the Florida Resident Access Grant (FRAG) program. My colleagues and I at the Alliance Defense Fund are privileged to represent them.
Through the FRAG program, the state provides over $2,000 in annual tuition assistance to qualifying students who attend private colleges and universities in the state. In order to participate, a student must attend a college that has ”a secular purpose.” Officials with the state Department of Education concluded that FCC lacked “a secular purpose” and excluded the college and its otherwise eligible students from the program. FCC includes within its educational program “secular” subjects and prepares many of its students for “secular” vocations.
When writing the FRAG statute, the Florida legislature misunderstood the First Amendment’s ban on laws “respecting an establishment of religion.” Interpreting that language, the U.S. Supreme Court has held that government benefit programs may include religious individuals and organizations as long as (among other things) the programs have “a secular purpose.” When it adopted the statute governing the FRAG program in 1989, the Florida legislature misunderstood this constitutional rule, erroneously requiring each participating school – rather than the program as a whole itself – to have “a secular purpose.”
Compounding the problem, the Department has not applied the constitutionally erroneous statute consistently, excluding FCC while allowing nine other religious schools and their students to participate: Clearwater Christian College, Palm Beach Atlantic University, Southeastern University, Warner University, Ave Maria University, Saint Leo University, Bethune-Cookman University, Edward Waters College, and St. Thomas University. Students at a total of 31 institutions of higher education are eligible.