Arkansas Attorney General Appeals School Voucher Program Ruling

LITTLE ROCK, AR – Arkansas Attorney General Tim Griffin is escalating the legal battle over the state’s school voucher program, appealing to the Arkansas Supreme Court to overturn a lower court decision that allowed a challenge to the program’s constitutionality to proceed. The appeal, filed Friday, asserts that the lawsuit should have been dismissed based on sovereign immunity, a legal doctrine protecting the state from certain lawsuits.

griffin’s Office Defends LEARNS Act in Supreme Court filing

The Attorney General’s office argues that pulaski County Circuit Judge Morgan “Chip” Welch erred in declining to dismiss the case, contending that the plaintiffs failed to demonstrate an exception to sovereign immunity. The lawsuit, brought by parents and educators, seeks to invalidate the Educational Freedom Account (EFA) program, a key component of the LEARNS Act, and recoup funds already distributed The education Commission of the states provides further information on Arkansas’ education policies.

Did You Know? The LEARNS Act was signed into law in March 2023 and is considered a signature legislative achievement of Governor Sarah Huckabee Sanders.

Constitutional Challenge to School Voucher Program

The plaintiffs, including Gwen Faulkenberry, Special Renee Sanders, Anika Whitfield, and Kimberly Crutchfield, argue that the EFA program violates Article 14 and Article 16 of the Arkansas Constitution.these articles stipulate that funds designated for public schools cannot be used for other purposes and that tax revenue must be used for its intended purpose.Richard H. Mays, the plaintiffs’ attorney, describes the voucher program as a “shell game,” diverting resources from public schools to private entities.

In response, Griffin’s office maintains that the LEARNS Act aligns with the state’s constitutional duty to “adopt all suitable means to secure to the people the advantages and opportunities of education.” They further argue that the plaintiffs have not demonstrated how the act violates the cited constitutional provisions.

Key arguments in the Case

• Plaintiffs’ Argument: The LEARNS Act illegally diverts public school funds to private schools, violating the Arkansas Constitution.
• Defense’s Argument: The LEARNS Act is constitutional and promotes educational opportunities for Arkansas students; the lawsuit is barred by sovereign immunity.

Educational Freedom Accounts: Funding and Availability

The Educational Freedom Accounts are now available to all school-age children in Arkansas for the 2025-26 school year. The approved funding for the upcoming year is $6,864 per student, with $7,627 allocated for former Succeed scholarship recipients. The program initially limited participation to a percentage of the state’s public school enrollment, gradually increasing over time.

Pro Tip: Stay informed about changes to the LEARNS Act and EFA program by regularly checking the Arkansas Department of Education’s website.

Impact of the LEARNS Act

Governor Sanders has championed the LEARNS Act as a transformative education reform, while critics argue it undermines public education by diverting crucial funding. The Arkansas Supreme Court’s decision will have significant implications for the future of education funding and school choice in the state. The program aims to provide options for families seeking alternatives to traditional public schools, but faces scrutiny over its potential impact on the public school system. The debate highlights the ongoing tension between school choice and the funding of public education.

What are your thoughts on the potential impact of school voucher programs on public education? How do you think the Arkansas Supreme Court should rule in this case?

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