A state judge is considering whether to delay a ruling that struck down a program used by more than 22,000 students.
Senate President Gary Stevens, R-Kodiak, and Speaker of the House Cathy Tilton, R-Wasilla, speak to legislators during a break in the Tuesday, March 12, 2024, joint session of the Alaska House and Senate.
“It should be clear to the judiciary that we are divided and we do not have our collective act together … and we need more time,” said Rep. Ben Carpenter, R-Nikiski.a constitutional amendment on the issue The three members of the Senate’s minority caucus say they’d like to wait for the Supreme Court: Zeman’s decision could impact other parts of the state education system, they believe, and those parts might need legislative attention as well.
It isn’t clear how many of the state’s estimated 5,000 private-school students followed suit, but the state spendson correspondence programs, including the allotment program. After the state’s legal opinion was published, the state’s largest teachers’ union backed a lawsuit alleging that the allotments represented an unconstitutional use of public education funds.
Unusually, plaintiffs have also asked Zeman to stay his ruling, but only until June 30, 2024, the end of this fiscal year. A longer stay, plaintiffs’ attorneys have said, runs the risk of the state continuing to spend money on an unconstitutional program. But thus far, there’s been no action by the Department of Education and Early Development or the state school board, meaning legislative action is required for fast changes.
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