JUNEAU — The Alaska Legislature’s attorneys on Tuesday suggested that public homeschool programs can continue operating constitutionally with a relatively simple change in state law.enacted in 2014 that allowed public funds to be spent at private and religious schools. The two statutes, proposed by then-Sen. Mike Dunleavy, have been increasingly used by parents to pay for tuition at private and religious schools. But the extent of the practice is not fully known.
Four regulations currently used to govern correspondence programs were tied, in part, to the two statutes struck down by the Superior Court’s decision, the Legislature’s attorneys said, meaning they would likely need to be updated. “I think it would be the safest — and provide the most clarity — if we were to simply enact a statute that put us right back where we were prior to those unconstitutional provisions being active,” he said.that Zeman’s decision be stayed until the Alaska Supreme Court had a chance to weigh in and potentially issue its own verdict, which could take months or even years.
The Legislature’s attorneys also suggest a narrower reading of the implications of Zeman’s decision. The issue addressed in the lawsuit “was whether allowing parents to purchase services and materials from private or religious organizations was constitutional,” the attorneys said. “If the stay is granted, the District will be able to resume previous procedures. The District has advised families to continue to keep their receipts, in the event a stay is granted,” said Kristin Bartlett, a spokesperson for Juneau schools, in a prepared statement Wednesday.calling on the state Board of Education to quickly implement emergency regulations that would allow correspondence schools to continue operating.
The House on Wednesday indicated it does not believe lawmakers have time left in the session to pass a bill resolving the uncertainty surrounding correspondence programs. After three hours of floor debate, House members narrowly approved a non-binding resolution that called for a stay on Zeman’s decision until the end of June 2025.