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Arkansas AG Griffin certifies proposal aimed against LEARNS Act

Arkansas AG Tim Griffin certified a ballot title from CAPES aimed against the state's LEARNS Act on Monday, after rejecting the ballot title two previous times.

LITTLE ROCK, Ark. — Arkansas Attorney General Tim Griffin certified a ballot title aimed against the state's LEARNS Act on Monday.

The ballot title, which was proposed by CAPES (Citizens for Arkansas Public Education and Students), was previously denied twice by the Attorney General over the past couple of months, with Griffin stating that it was "insufficient." 

Now, the proposed referendum has been certified by AG Griffin and will head to the Arkansas Supreme Court. 

“Because this ballot title largely cuts and pastes at great length from LEARNS, I cannot conclude that it is misleading. I have therefore certified it," AG Griffin said about certifying the ballot title from CAPES. 

The Attorney General emphasized that the ballot title will have to go through the Supreme Court, which is where it will either be accepted or rejected. AG Griffin cited the ballot title's length as a concern, with Griffin calling it "the longest in Arkansas history by a large margin." 

"The Court has cited length and complexity as major factors in rejecting ballot titles with 550, 587, 709, and 727 words. The Arkansas Supreme Court will be the sole arbiter of whether this ballot title is too lengthy and complex if it is challenged at a later stage in the referendum process,” AG Griffin said.

CAPES originally pushed back against the LEARNS Act because the organization felt it would be detrimental to public education in the state.

The LEARNS Act has been the subject of ongoing legal disputes recently. 

Last week, the Arkansas Supreme Court denied the Attorney General's request to allow the LEARNS Act to continue, asking for expedited briefs in the upcoming hearing.

That decision came after a Pulaski County judge issued a temporary restraining order on May 26 for a lawsuit that challenged the nature in which the LEARNS Act was passed through the legislature.

On May 30 Griffin filed a motion that asked the state Supreme Court to allow the LEARNS Act to continue and claimed that the recent ruling by the judge could cause chaos and irreparable harm.

"There's no reason to put the state's educational system and the plans for the schools around the state on hold," Griffin explained.

The state Supreme Court granted Griffin's motion for expedited consideration and Marvell-Elaine School District's request for an expedited briefing on Friday.

The district was restricted from paying the charter school management company chosen to run the district. The school district's decision to refuse to renew certain teachers' contracts is not allowed until trial on June 20.

Both parties must file their initial briefs by 9:00 a.m. on June 6, and each party must file a reply to the other's brief by 9:00 a.m. on June 7.

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