How will Alaska lawmakers tackle state funds going to religious private schools?

State funds indirectly sent to correspondence programs and private schools with elements of sectarian leanings in Alaska since 2014 would become illegal under state law if a bill considered by the Senate Education Committee on May 8 becomes law; a similar bill is moving through the House.

The bills would allow payments to many families of the 22,289 students enrolled in the program while complying with an Alaska Superior Court judge’s April 12 decision that certain parts of the payments are unconstitutional according to Alaska law.

Alaska’s Superior Court Judge Adolf Zeman has agreed to delay enforcing an order that would impact approximately 22,289 students who attend private and religious schools until June 30 not to disrupt the remaining school year, but rejected the state’s request for a more extended stay. Alaska Attorney General Treg Taylor emphasized the importance of the Supreme Court’s final determination and suggested an interim solution that minimizes disruption.

Due to the state’s size, the ruling directly impacts payments to correspondence programs, an essential program in Alaska’s education system. These programs allow homeschooled students to receive public funds to pay for educational materials under the guidance of certified teachers.

At issue: according to Alaska’s constitution, state money cannot substantially benefit and be indirectly spent on private religious institutions that parents choose for their children.

“This Court finds that there is no workable way to construe the statutes to allow only constitutional spending and must be struck down as unconstitutional in their entirety,” wrote Alaska’s Superior Court Judge Adolf Zeman in the April decision, effectively striking down two statues.

Governor Mike Dunleavy’s administration argued the judge’s decision meant no public funds could be spent on any private vendor - including textbooks and transportation companies. But Zelman wrote in his latest ruling that the state’s legal interpretation “mischaracterizes and misreads” the court’s ruling on correspondence school allotments. 

The judge noted that his original decision in April “did not find that correspondence study programs were unconstitutional” and that correspondence programs would “continue to exist after this Court’s Order.”

The state has since requested that the Alaska Supreme Court extend the stay and issue a decision as soon as possible.

While the judicial progress plays out, all eyes are on the state legislature, as similar bills in the House and Senate are moving their way through committee.

The Senate bill, supported by most Democrats, would allow the correspondence programs to continue while prohibiting the allotments to benefit the secular portions of the programs. The House bill would allow compliance with the judge's order while leaving language open for a constitutional amendment. Republican state Rep. Jamie Allard's House Joint Resolution directly calls for a constitutional amendment that would allow the programs to continue unchanged.

The HJR seeks to change the language by adding a statement allowing the payments “for the direct educational benefit of students as provided by law.”

During public testimony before the state Senate Education Committee in Juneau, Stacey Lange of Alaska criticized the bill and labeled it a “blatant attempt to force families back to public education.” She added that the teaching of critical race theory and gender ideology would lead to a “mass exodus.”

“This bill clearly violates the free exercise clause of the First Amendment of the United States,” Lange argued. “And [I] would ask that you would protect it."

During the same hearing, Emily Ferry from Juneau spoke in favor of the bill. “Religious education and skiing are important to my family. Those are things that I pay for, and it doesn’t seem unreasonable that we would treat homeschool families equitably in that way as well.”

The Republican governor urged on social media that the House Bill could protect correspondence programs, ensuring they “remain intact,” but time is running out as the Legislature is scheduled to end its session in mid-May.