'A legitimate question of legality': Bishop says Des Moines diocese will review publicly financed grants to Catholic schools Bishop says there's some question of the county grants' legality

Clark Kauffman | The Des Moines Register

Saying there is "a legitimate question of legality," Bishop Richard Pates announced that the Roman Catholic Diocese of Des Moines will conduct a legal review of $844,000 in Polk County grants that benefited nine area Catholic schools.

Pates told the Des Moines Register on Wednesday that he wants to examine the publicly financed grants that were used to purchase equipment for nine Catholic schools and one Christian academy in 2012 and 2013.

The Register reported earlier this week that the when the Polk County Board of Supervisors learned in 2011 it couldn’t legally give grant money directly to church-affiliated schools, it routed the money to those schools through a separate entity — a newly formed corporation called Education for the 21st Century.

That corporation was set up by the schools’ supporters for the purpose of soliciting grants derived from the county's share of gambling revenue generated by the Prairie Meadows Casino and Hotel.

The corporation then spent the county money on computers, whiteboards and other instructional aids for the schools.

“We’re concerned about the legal dimensions of that,” Bishop Pates said. “There is, I think, a legitimate question of legality.”

More: State auditor and AG won't examine Polk County grants for Christian schools

As to whether the diocese will seek a legal opinion from its own attorneys, or seek advice from an outside, independent legal expert, Pates replied: “That’s a good question. I expect we’ll consult with our attorney and see what direction we want to go.”

Some county taxpayers have suggested the schools should reimburse the county for the $844,000, citing the state law, county policy and the Iowa Constitution’s ban on the use of public money for organizations that are under ecclesiastical or sectarian control.

The county supervisors say they are proud of the financial assistance awarded to the schools and that, going forward, thanks to a 2017 U.S. Supreme Court ruling, they can legally provide those sorts of donations directly to church-affiliated organizations and schools.

The supervisors are referring to a ruling that says states cannot discriminate against churches by making them ineligible for financial assistance to pay for such non-religious amenities as playground resurfacing.

Finney: Every Polk County supervisor should apologize for questionable grants to religious schools

It’s not clear, however, whether the ruling authorizes public financing of basic instructional equipment for church-affiliated schools.

Pates noted that the state of Iowa already provides some forms of taxpayer-financed assistance for students at private schools.

For example, Iowa students attending accredited, nonpublic schools are entitled to transportation to and from school, and parents can seek reimbursement from the state for some of their transportation expenses.

Also, public school districts are allowed to make textbooks available to the students of nonpublic schools upon the request of the student or the student's parents.

Such programs have to operate within the framework of the Iowa Constitution, which states that no person shall be compelled to pay taxes “for building or repairing places of worship, or the maintenance of any minister, or ministry."

More: Polk County hires a public relations firm to promote 'thoughtful' gambling-revenue grants it previously used to fund Christian schools