Alaska Supreme Court Weighs Constitutionality of Public Funds for Private Education in Home-Study Programs

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Alaska Supreme Court Weighs Constitutionality of Public Funds for Private Education in Home-Study Programs

The Alaska Supreme Court is deliberating on the constitutionality of laws allowing families with children in home-study programs to use public funds for education-related expenses at private schools. This case stems from a decade-old state law permitting reimbursements for instruction-related costs, challenged after Jodi Taylor highlighted in a 2022 opinion piece that families could use these funds for private school classes. In April, Superior Court Judge Adolf Zeman ruled these provisions unconstitutional, conflicting with the Alaska Constitution's prohibition of using public funds for private educational institutions. The state attorneys have appealed, arguing the ruling is overly broad, while parents' attorneys assert the benefits are for families, not private schools.

More than 22,000 students in Alaska's correspondence schools, supported by local districts, could be affected. These programs, offering homeschooling options, allow families to use allotments for services such as therapy or college courses. The provisions under scrutiny, part of a 2014 law requiring individual learning plans, were declared unconstitutional by Zeman. This case also involves a bill proposed by then-Sen. Mike Dunleavy, now governor, who sought a constitutional amendment to allow public funds for private schools. State lawmakers recently passed a bill to provide stability for correspondence students during the ongoing litigation, amid debates over public school funding.

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