Depends on whether or not the school is public or private. If it's public, more power to him. If it's a private school which does not accept federal/state/local funding, then the ACLU should have backed off. Entering your child in a private school which does not accept the aforementioned funding implies that you and your children are entering into a contract with the school to abide by whatever rules it enacts. Payment of tuition is an agreement to this contract. As the contract would be considered valid by legal standards, the ACLU would not have grounds for a lawsuit.
I read the article, but it didn't say if the school was private or public. Do you know any more about it?
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