A judge on Monday denied the Arkansas attorney general’s motion to dismiss a lawsuit challenging the constitutionality of the state’s new school voucher program.
Parents and guardians of public school children filed a lawsuit in Pulaski County Circuit Court in June asking a judge to block enforcement of the new Educational Freedom Account Program, which provides state funds for allowable educational expenses, such as private school tuition.
The voucher program, which is being phased in over three years, was created through the LEARNS Act, a 2023 law that made wide-ranging changes to the state’s education system. The plaintiffs contend the legislation violates the state Constitution by transferring taxes intended to benefit public schools to the EFA program.
In a motion to dismiss the lawsuit filed in July, Attorney General Tim Griffin argued that plaintiffs’ claim that EFAs illegally divert funding from its intended purpose “is mistaken as a matter of law” and therefore their suit should be dismissed for failure to state a claim.
Griffin also argued the case should be dismissed because plaintiffs failed to state an exception to sovereign immunity, a legal doctrine that the state cannot be sued in its own courts.
In Monday’s order, Circuit Court Judge Morgan “Chip” Welch denied Griffin’s motion to dismiss, arguing that the plaintiffs’ pleadings are sufficient under the Arkansas Rules of Civil Procedure.
Additionally, plaintiffs allege the voucher program constitutes illegal exaction, an exception to the doctrine of sovereign immunity. Therefore, sovereign immunity does not apply to this case, Welch said.
Illegal exaction refers to the use of tax funds for unauthorized or illegal purposes.
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