LITTLE ROCK, Ark. — Four Arkansans have filed a lawsuit against Gov. Sarah Huckabee Sanders and Education Secretary Jacob Olivia arguing that the school voucher program within the LEARNS Act is unconstitutional.
The lawsuit was filed Friday, June 7 by Richard Mays on behalf of Gwen Faulkenberry, Special Sanders, Anika Whitfield, and Kimberly Crutchfield. It alleges that the education law violates the Arkansas Constitution by transferring taxes intended for public schools for students to attend private school, home school, or other educational options.
Mays argues in the lawsuit that the Arkansas Supreme Court has "consistently upheld" that public school funds cannot be used for "non-public school purposes."
The voucher program, known as educational freedom accounts, uses state funds to allow families to "cover private school tuition, fees, uniforms, and some other required expenses." Those state funds are generally taxes that are collected under Arkansas law for public school funding.
The lawsuit alleges that the voucher program violates several sections of Article 14 of the Arkansas Constitution as well as a section in Article 16.
A section in the 14th article in the Arkansas Constitution is cited in the lawsuit that states, "No money or property belonging to the public school fund, or to this State, for the benefit of schools or universities, shall ever be used for any other than for the respective purposes to which it belongs." The group also argues that another section in Article 14 states that certain taxes to be used "solely for maintenance and operation of the public schools."
The lawsuit further cites a section of Article 16 which states: "No tax shall be levied except in pursuance of law, and every law imposing a tax shall state distinctly the object of the same; and no moneys arising from a tax levied for any purpose shall be used for any other purpose."
The group is asking for a declaratory judgment that the program is "unconstitutional and void." They are also seeking an injunction which would stop state officials from implementing the voucher program and that "all recipients of the voucher program funds" be added as defendants to the lawsuit.
You can read the full lawsuit by clicking here.
