Alaska Supreme Court proposes expedited consideration of correspondence school dispute

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The House and Senate are advancing competing bills to ensure correspondence schools can continue to operate amid the legal challenge.

The Alaska state seal hangs at the Alaska Supreme Court on Tuesday, June 27, 2023 in the Boney Courthouse in downtown Anchorage.

Alaska’s correspondence programs — which enrolled almost 23,000 students this year — allow the families of homeschooled children to receive allotments of up to $4,500 per student per year to pay for curriculum and other materials. But the funds were increasingly being used to pay tuition at private and religious schools., but that the practice of spending the funds at private schools must stop.

“It is really in the Court’s hands as to how quickly this needs to occur,” said Sullivan, adding that if the court granted a longer stay, “they could give themselves a little more time to deal with these very important matters impacting tens of thousands of students and vendors.” Scott Kendall, an attorney representing the parents and teachers who challenged the statutes, said that his clients generally support the expedited hearing schedule and that it could allow the Supreme Court to issue a decision by the time the stay expires. The plaintiffs have opposed the longer stay requested by the state, arguing it would allow unconstitutional spending to continue unnecessarily.

“I recognize and understand the attorney general’s and the governor’s want to keep the status quo while they continue forward in litigation. I do not believe that will produce the best education outcomes. My focus is on the policy, not the politics,” said Tobin.

 

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Alaska Supreme Court Rules Against Cash Payments for Homeschooled StudentsThe Alaska Supreme Court has ruled against a program that allows the state to distribute cash payments to the parents of homeschooled students, stating that it violates constitutional prohibitions against spending state money on private education. The decision has immediate implications for the thousands of students enrolled in state-operated correspondence programs used by homeschooled students.
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