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Justice Department sees bias in limits on private schools

New Mexico PED

SANTA FE, N.M. (AP) — The U.S. Justice Department is siding with the father of a seventh grade prep school student in a lawsuit that challenges pandemic-related limits on classroom capacity at private schools in New Mexico as more restrictive than public school guidelines.

Albuquerque-based U.S. Attorney John Anderson filed a statement of interest on Monday that argues the state is violating the equal protection clause of the U.S. Constitution by limiting attendance at private schools to 25% of building capacity when public school guidelines say 50%. Separately, President Donald Trump has proposed diverting federal funding away from public schools that decline to open.