The news: About 23,000 families who rely on a unique Alaska’s education unique correspondence program that dates to before statehood will not have to scramble to find other educational options after the state supreme court rejected parts of a lawsuit against the state backed by the National Education Association’s Alaska affiliate. 

The ruling: The state’s high court announced its decision upholding the correspondence program, which gives families funding allotments they can use to access a variety of educational options, one day after hearing oral arguments. A lower court stay on the ruling had been due to expire on June 30, threatening to uproot students who rely on the program. The justices said a full order would soon follow.  

 What opponents say: A group of parents and teachers sued the state over the law establishing the allotment program, which gives participating families the ability to direct up to $4,500 of their child’s public education allocation to pay for approved goods and services. The plaintiffs argued that it amounted to a shadow voucher program that undermines the public school system by directing money elsewhere, including private and religious schools. 

 What the high court said: In an eight-page summary opinion, justices sided with the state’s hired lawyer who argued that the Superior Court incorrectly struck down the entire state statute governing the program as unconstitutional. Justices said the law could be preserved because “there are many constitutionally permissible uses” of the state allotment funds, which homeschool families may spend on various approved uses from public and private providers. The high court also directed the lower court to consider correspondence families’ arguments that the U.S. Constitution required the state to let them use the money on private school tuition.  

The plaintiffs in the case argued that the laws were unconstitutional because they allowed public money to be spent on private school tuition. The lower court judge agreed that the laws violated the state constitutional ban on spending public money “for the direct benefit of any religious or other private educational institution.”  

Catch up quick: The correspondence program began in 1939 to ensure that children in remote regions had access to education. Schools would send assignments by mail or float planes to students, who completed and returned them. Laws were updated in 2014 to create allotments that functioned as education savings accounts. The program operated without controversy until 2022 when the wife of state Attorney General Treg Taylor wrote a blog post with step-by-step instructions on using the funds to pay for private school tuition.  

What the high court left out: Justices didn’t decide the constitutionality of using allotment funds for private tuition. However, they did tell the plaintiffs that they picked the wrong defendant because the school districts, not the state Department of Education, are charged with approving vendors to be paid from the allotment program. The high court sent the case back to the lower court to decide that point.  

And the winners are: Besides the families who faced being left in the lurch as the new school year approached, Gov. Mike Dunleavy also claimed victory. An education choice champion, the former state senator sponsored legislation that created the allotment program. “This is a huge win for public education and a huge win for families,” Dunleavy said in a statement. “The Court got it right on this one. We were confident that the statutes were always constitutional. We thank the Alaska Supreme Court for their prompt decision in favor of the state.” 

What they’re saying: “Friday’s ruling is a win for the rights of parents to pick the education that best fits their children’s unique needs, but the fight is likely not over yet,” said Kirby Thomas West, an attorney for the Institute for Justice, which intervened to represent families and defend the program. “The many parents who use the program for non-tuition purposes can now rest assured that their use of the program is secure, but we are going to keep fighting to ensure the same happens for parents like our clients who use the program towards tuition costs.”  

Dunleavy called the decision “a huge win” for public education and families. “The Court got it right on this one. We were confident that the statutes were always constitutional. We thank the Alaska Supreme Court for their prompt decision in favor of the state.” 

The fight isn’t over: The plaintiff’s attorney said he thinks his clients will ultimately prevail. 

“There’s zero indication from the court that they remotely think spending correspondence funds at a private school is allowable,” attorney Scott Kendall told Alaska Public Media. “While this will cause some delay in the ultimate outcome, we remain very, very confident that that will be the outcome.” 

Alabama: The Institute for Justice, a national civil rights law firm, says vouchers are constitutional in the state (Al.com).

Alaska: School choice opponents voice their concerns at a public hearing over a constitutional amendment to allow public funding of private schools (Anchorage Daily News, Nonprofit Quarterly). The proposed constitutional change passes the House Education Committee but the amendment faces a tough road ahead (Anchorage Daily News). There are 27 charter schools in the state with no cap on how many schools may operate (Alaska Dispatch).

Arizona: The state has many school choice programs (Camp Verde Bugle). A state court rules the Department of Education cannot recoup $5.9 million in over-payments to charter schools due to a change in teacher performance pay because it didn't notify the schools of the rule change (Arizona Republic). Charter school operators plan to open 25 new charter schools in Phoenix (Arizona Republic).

California: Parent trigger elicits emotions from parents on both sides (Hechinger Report). The superintendent of LA Unified says every "student has the right to a choice of a highly effective school" (Reason Magazine). San Diego school board members are attempting to exclude some charter schools from receiving bond money approved by city voters (Fox 5 San Diego).

D.C.: A new study reveals area charter schools are being shortchanged on student funding compared with district schools (Washington Post).

Florida: School choice is growing by leaps and bounds (Sunshine State News). The Palm Beach Post editorial board says giving students public school choice could reduce the disadvantages faced by low-income students. After 17 years as president and CEO of Florida Virtual School, Julie Young announces her retirement (redefinED, Orlando Business Journal). Gov. Rick Scott proposes allowing charter schools access to construction funds if they serve students within attendance zones of low-performing public schools (Tallahassee Democrat).

Georgia: A lawmaker wishes to expand the tax credit scholarship program with a $100 million cap (GPB News).

Illinois: Nobel charter schools name thee schools after donors who give $1 million or more, but the donors do not decide curriculum or which teachers to hire (Chicago Sun Times).

Indiana: The Lafayette Journal & Courier editorial board argues that private schools should continue to take the state test in order to create a fair comparison with public schools. Since vouchers can be worth no more than 90 percent of per-pupil state funding to local school districts, vouchers save the state money (Indianapolis Daily Star). Five voucher schools in the state say they teach intelligent design or creationism (Journal-Gazette). The Star Press editorial board worries that allowing students to use vouchers without ever attending public school creates two classes of education. (more…)

Montana: House Republicans endorse three school choice bills - one to authorize charter schools, another to create a modest tax credit scholarship program and a third to create an education savings account program for students with disabilities (Independent Record). A day later, several defect on the charter school bill and it goes down - though maybe not permanently - on a 50-49 vote (Billings Gazette). The tax credit scholarship bill clears the Senate (The Missoulian).

Florida. U.S. Sen. Marco Rubio, R-Fla., introduces legislation to create a national tax credit scholarship program (redefinED). A parent trigger bill that was defeated last year in a dramatic tie vote is back this year (redefinED).

Colorado: Two bills to expand private school choice through tax credits go down to defeat (Ed News Colorado). A student is in limbo after his mother withdraws him from a charter school to send him back to his zoned district school but the district says it's too late (9News.com).

Arizona: Charter schools would have to follow state purchasing laws and those that use management companies would have to post salary information under a bill filed in the wake of a newspaper investigation (Arizona Republic). Lawmakers nix a bill that would have required mailers be sent to parents informing them of school choice programs (Arizona Daily Sun).

New Mexico: Public schools, including charter schools, would be barred from contracting with private entities under a bill supported by critics who fear "a Trojan horse-type assault on the state to divert public education funds" (Santa Fe New Mexican).

Idaho: Lawmakers consider equitable funding for charter schools (Idaho Reporter).

Washington: The state public schools superintendent asks legislators to put charters under his watch, a move that conflicts with the new law voters recently approved that calls for a separate supervisory panel (King5).

California: The San Francisco school district triples the rent for charter schools, after charging less than other districts for years, prompting an outcry from some charters (San Francisco Chronicle). (more…)

Tennessee: Gov. Bill Haslam proposes a voucher that's limited to low-income students in low-performing schools, with additional state funding for those schools to boot (KnoxNews). More from timesfreepress.com and Nashville Public Radio. Haslam reiterates that his proposal won't affect funding for public schools (Nooga.com). Both supporters and opponents find details to criticize (KnoxNews). Haslam's administration is also backing a bill that would cap enrollment at a virtual charter school run by K12 Inc, reports timesfreepress.com.

Florida: At a National School Choice Week event, new Florida Education Commissioner Tony Bennett gives some school districts credit for expanding public options such as magnet schools and career academies (redefinED).

Louisiana: The teachers union in New Orleans asks for the names of teachers in the city's charter schools in the hopes of organizing them (The Lens).

Arkansas: Former Florida Gov. Jeb Bush makes an appearance during National School Choice Week, urging lawmakers to expand charter schools and other choice options and calling education reform both the civil rights and economic issue of our time (Associated Press). More from the Arkansas Press-Gazette.

Virginia: Democratic lawmakers kill a charter school bill and snub their party's national platform in the process (Watchdog.org). More from the Associated Press. A bill to allow home-schoolers to play sports in public schools - a so-called "Tebow" bill - passes the House but must still clear the Senate (Associated Press).

Georgia: The state charter schools commission holds its first meeting since being revived by passage of a constitutional amendment (Atlanta Journal Constitution). More than 1,000 charter school supporters gather to celebrate the amendment's passage (Atlanta Journal Constitution).

South Carolina: State Superintendent of Education Mick Zais says at a National School Choice Week event that he supports a legislative proposal for tax credit scholarships (SCNow.com).

North Carolina: An expansion of charter schools brings debate about quality (Durham Herald Sun).

Mississippi: A bill backed by Gov. Phil Bryant to create a tax credit scholarship program clears the Senate education committee (Associated Press).

Texas: A charter school chief executive testifies in a trial about education funding that low state spending is hurting charters too (San Antonio Express News). The Amarillo school district joins others in supporting an anti-voucher resolution (NewsChannel 10). Gov. Rick Perry backs expansion of charter schools and a proposal for tax credit scholarships (Dallas Morning News). (more…)

Louisiana: Senate approves statewide voucher program on a 24-15 vote. (New Orleans Times Picayune) The vote was bipartisan, again. (redefinED) Gov. Bobby Jindal succeeds in a sweeping education overhaul. (Associated Press)

South Carolina: Former Florida Gov. Jeb Bush will be the keynote speaker at an education reform summit later this month.

Pennsylvania: Flier flap in state House race tied to voucher battle. (philly.com)

Alaska: School choice expansion effort stalls. (Juneau Empire)

Arizona: Gov. Jan Brewer vetoes expansion of education savings accounts. (Arizona Republic)

Connecticut: Democratic Gov. Dan Malloy points to the rift over education reform between two of his party's biggest constituencies, African Americans and teachers unions. (CT News Junkie)

Mississippi: House education committee narrowly votes down charter school expansion bill. (Associated Press) It gets real ugly afterwards. (Memphis Commercial Appeal)

Tennessee: Charter school diversity blooms. (Nashville Tennessean)

New Jersey: State Department of Education is set to consider 32 new charter school applications. (Newark Star-Ledger)

Georgia: More families are considering on-line learning options. (Macon Telegraph)

(Image from politico.com)