Lawsuit Argues Program Violates State Constitution
A new lawsuit has been filed challenging the constitutionality of Arkansas’s school voucher program. The program, known as the Arkansas Children’s Freedom Account Program, was established under the LEARNS Act, an education reform package signed by Governor Sarah Huckabee Sanders in 2023.
Lawsuit Targets Funding Mechanism
Four Arkansas residents are named as plaintiffs in the lawsuit, filed late Friday in state court. The lawsuit specifically targets the funding mechanism of the voucher program. The program offers financial assistance to students attending private or home schools, with payments equivalent to 90% of the state’s per-student allocation for public schools.
Plaintiffs Claim Violation of Funding Protections
The lawsuit argues that this funding approach violates the Arkansas state constitution’s protections for educational funding. The plaintiffs contend that the program diverts tax dollars intended to support public schools, thereby weakening the public education system.
Concerns About Resource Drain and Unequal Education
The lawsuit goes further, expressing concern that the voucher program will drain “valuable and necessary” resources from public schools. Additionally, it raises concerns about the potential creation of “a separate and unequal dual school system” where opportunities are divided based on factors such as socioeconomic background, race, and special needs.
Legal Backdrop and Upcoming Battle
The LEARNS Act, and by extension the voucher program, has already faced legal scrutiny. The Arkansas Supreme Court rejected a previous challenge in October 2023, which focused on procedural aspects of the legislation’s passage. However, this new lawsuit tackles the core issue of the program’s constitutionality. Arkansas Attorney General Tim Griffin anticipates a successful defense, citing the previous legal victory.
