The Minnesota Department of Education wants to be removed from an ACLU lawsuit involving an Inver Grove Heights charter school.
5 EYEWITNESS NEWS first reported on the Tarek ibn Ziyad Academy, or TIZA, last year after a substitute teacher accused the school of blurring the line between church and state.
In January, the American Civil Liberties Union of Minnesota sued TIZA. The suit claims the school's operation and funding promote the Islamic religion and should be declared unconstitutional.
As a charter school, TIZA receives tax dollars and is not supposed to be a religious institution.
The MN ACLU included the Minnesota Department of Education, or MDE, in the suit alleging that the state's funding of TIZA violates the state constitution and the state's charter school law.
The MN ACLU also wants an order requiring TIZA and the MDE to make sure the school operates legally. It also wants TIZA to return all state funds to the department.
In a new court filing, the MDE argues it's immune from being sued in federal court on state law claims.
A hearing on the issue is set for June.