LITTLE ROCK, Ark. — A federal judge has told the parties involved in a lawsuit challenging the Arkansas LEARNS Act that his family is planning to apply for a voucher program under the law and doesn't believe it requires his recusal from the case.
U.S. District Judge Lee Rudofsky, who was assigned to the case last week, disclosed on March 29 to those involved his intent to apply for an Educational Freedom Account (EFA), which is a school voucher program that uses state funding for private school tuition and other educational expenses.
"I want to disclose to the parties that my family intends to apply for an Education Freedom Account," Rudofsky said in the order. "I do not believe this requires my recusal under either the recusal statute or the applicable judicial canons. If any party disagrees, that party should file a recusal motion within seven (7) days of the date of this order."
Rudofsky, who was nominated by former President Donald Trump in 2019 and later confirmed, has previously written about his support of vouchers in 2000. That article, titled "Validating Vouchers: Privatization Is the Last, Best Hope for Public Education Reform," was reportedly in support of former President George W. Bush's stance on educational vouchers.
The lawsuit alleges that a section in the education law that bans the "indoctrination" of students is unconstitutional and infringes on the rights afforded under the First and Fourteenth amendments.
"[The LEARNS Act] impermissibly regulates classroom free speech on the basis on the speech content," the lawsuit contends. The suit also calls the section 16 of the law "vague" and "overly broad to the point where it fails to give reasonable notice of the conduct and speech it prohibits."
In response to the lawsuit, Gov. Sarah Huckabee Sanders said the state won't "indoctrinate our kids and teach them to hate America" and repeated her claims that the "radical left" is playing "political games with our kids' futures."
On April 1, the EFA program expanded to allow students attending schools with a D grade and children of first responders and veterans to apply for a school voucher.
To view the lawsuit, click here.