LITTLE ROCK, Ark. — A Pulaski County judge has rejected the state's argument that a lawsuit challenging the LEARNS Act should be dismissed.
Pulaski County Circuit Judge Chip Welch rejected the argument from state lawyers in a four-page ruling on Monday, saying how those challenging the law provided "sufficient" proof to withstand any dismissal arguments.
The lawsuit, which was filed in June 2024, alleges that the education law violates the Arkansas Constitution when it comes to the school voucher program. The lawsuit alleges the voucher programs violate sections of Article 14 and Article 16 of the state constitution.
Those sections of the constitution deal with how public school funds are used and that some taxes must be used "solely for maintenance and operation of the public schools."
Welch also denied the state's claim that it was covered by sovereign immunity, saying a "properly place" illegal exaction claim is an exception to sovereign immunity rules. The judge cited a 2022 Arkansas Supreme Court ruling which said citizens are afforded "a judicial remedy against the State for illegal exactions."
The voucher program, known as the Educational Freedom Account program, uses state funds collected through taxes to allow families to cover private school tuition and fees. The taxes used to fund the program are generally collected under state law for public school funding.
We will update this story with more information as soon as it becomes available.
