State laws allowing correspondence students to use public funds at private and religious schools will remain in place through the end of June, but not after, an Anchorage Superior Court judge ordered May 2.
Judge Adolf Zeman last month struck down two statutes governing Alaska’s correspondence programs, finding that they violated a state constitutional prohibition on spending public funds at private institutions.
The decision affect hundreds or thousands of correspondence students across the state, depending on how the Legislature and Gov. Mike Dunleavy respond.
After Zeman’s April decision, the plaintiffs in the case — a group of parents and teachers — asked for the decision to be paused through the end of the school year, allowing any affected students to complete the year with minimal interruptions.
The judge granted that request May 2, but denied a request from the Dunleavy administration to pause the decision for a longer period until the Alaska Supreme Court can hear the case on appeal, which could take months. Zeman wrote in his order that the state “has not shown a likelihood of prevailing on the merits on appeal.”
The state filed its appeal with the Supreme Court on May 3.
Zeman in his May 2 order took issue with Dunleavy’s expansive interpretation of his original ruling that struck down the statutes which allowed public funds to be spent on private or religious school tuition.
Dunleavy has said Zeman’s decision meant no public funds could be spent on any private vendor — including textbook and transportation companies. That interpretation contradicted the legal analysis of nonpartisan legislative attorneys, who said correspondence programs could continue with small statutory or regulatory changes.
Zeman wrote Dunleavy’s administration “mischaracterizes and misreads” the court’s April decision.
The judge went on to reiterate that his decision only affects two state statutes from 2014 which expanded correspondence programs, including the one that allowed spending on private and religious programs. Those statutes were originally proposed by Dunleavy when he was a state senator.
The state pays correspondence programs per student, and the programs can use the money to provide an allotment of up to $4,500 per student per year that parents can spend on educational materials or activities.
Families had been increasingly using the funds to cover the cost of tuition at private and religious schools — a practice that Zeman said was not allowed.
“This court did not find that correspondence study programs were unconstitutional,” Zeman wrote, adding that “correspondence programs continue to exist after this court’s order.”
“This court finds that a limited stay is the best solution to ensure that students, families and school districts are protected from undue disruption,” Zeman wrote on May 2.
Dunleavy had said — before the limited stay was granted — that he thought lawmakers should not pass legislation addressing correspondence programs until the state Supreme Court hears the case. The governor hopes the Supreme Court will overturn Zeman’s ruling.
However, the governor on May 3 endorsed legislation that could resolve the dilemma, but lawmakers in the House and Senate have different proposals and there is limited time to act before the May 15 deadline for the end of the legislative session.
Without a new court order, or legislative action, Zeman’s ruling would be in effect for the 2024-2025 school year.
The Senate proposal would put in statute regulations that existed prior to 2014. Those regulations included specific restrictions on how funds could be used, including a ban on using the funds for most out-of-state travel; a requirement that unspent funds be returned to the state at the end of each school year; and limits on use of the funds for gym memberships and other recreational pursuits.
The House proposal favored is far less direct. It would tell the state board of education to adopt regulations as they see fit.
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