The Alaska Supreme Court has reversed a lower court ruling that deemed two statutes unconstitutional for directing public funds to private schools.
The case revolved around provisions in a state law enacted a decade ago, permitting families enrolled in correspondence school programs to receive reimbursements for education-related expenses.
Governor Mike Dunleavy, a staunch supporter of the program, welcomed the unanimous decision handed down on Friday.
Correspondence schools, often utilized in remote parts of Alaska, serve over 22,000 students and are overseen by local school districts.
They provide an alternative to traditional schooling, particularly favored by families in rural and urban areas alike.
Central to the dispute were clauses mandating that districts offering correspondence programs must devise individualized learning plans for enrolled students. Parents were allowed to utilize allocated funds to procure services and materials from public, private, or religious entities.
Initially, a lower court had ruled these provisions violated the Alaska Constitution, which prohibits the use of public funds for the direct benefit of private educational institutions, whether religious or secular.
“This ruling preserves the program, which is great news for the 22,000 families relying on it,” remarked Kirby Thomas West, an attorney from the Institute for Justice representing families who allocate their correspondence school funds to private education.
West expressed relief over the decision, highlighting its significance for families planning the upcoming school year.
However, the Alaska Supreme Court did not address the constitutionality of using these funds at private schools. Instead, the justices redirected the case to the lower court to determine the appropriate party for the lawsuit, emphasizing that school districts, not the state, oversee vendor approvals for expenditure of these funds.
Attorney Scott Kendall, representing a group of public school parents opposing the correspondence school statutes, remained optimistic despite the setback.
“While the outcome may be delayed, we are confident that ultimately, the court will rule against spending correspondence funds at private schools,” Kendall asserted in an interview with Alaska Public Media.
The decision marks a pivotal moment in the ongoing legal debate over educational funding in Alaska, setting the stage for further deliberations on the scope and constitutionality of public fund usage in private educational settings.
