Lawsuit Challenges Constitutionality of Arkansas LEARNS Act Voucher Program
Four Arkansans have taken legal action against the state’s LEARNS Act, a sweeping K-12 education package championed by Governor Sarah Huckabee Sanders. The lawsuit claims the school voucher program created by LEARNS is unconstitutional and demands that it be halted.
The lawsuit filed in Pulaski County Circuit Court targets the voucher program, which allows families to use public funds for private school or home schooling costs. The program initially allocated .7 million for the 2023-24 school year and increased funding to .5 million for the 2024-25 school year. The lawsuit argues that participation in the program is expected to grow significantly, with all students in the state eligible by the 2025-26 school year.
The four plaintiffs – Gwen Faulkenberry, Special Sanders, Dr. Anika Whitfield, and Kimberly Crutchfield – are all either educators or guardians of children in public schools. They contend that the program unconstitutionally transfers funds from public schools to private providers, thus draining resources from the public school system. The lawsuit names Governor Sanders, Education Secretary Jacob Oliva, and various state agencies as defendants.
The suit cites historical precedent in Arkansas, referring to a 1958 law that allowed the governor to close public schools “threatened with integration” and created a means to fund private schools. This law was later barred by federal courts. The lawsuit argues that the LEARNS Act will have a similar effect, creating “a separate and unequal dual school system that discriminates between children based on economic, racial and physical characteristics and capabilities.”
The state funding mechanism for the voucher program has been designed to avoid constitutional challenges by allocating funds separately from the public school budget. However, the lawsuit alleges that this amounts to a “shell game,” as funds are ultimately diverted from public schools. The case is currently assigned to Pulaski County Judge Morgan “Chip” Welch, with a hearing date yet to be set.
