In the aftermath of a court ruling that struck down the entirety of Alaska’s popular state-funded correspondence and homeschool programs, Alaska’s education commissioner said students enrolled in these programs will be able to finish out the year uninterrupted.

The April 12 ruling by Alaska Superior Court Judge Adolf Zeman has sent shockwaves through Alaska as thousands of families grapple with the fact that state-funded homeschool and correspondence programs are now in limbo.

According to Judge Zeman’s opinion, Alaska’s practice of reimbursing parents for expenses accrued for lessons, classes and instruction at private and religious institutions is a violation of the Alaska Constitution, which states, “No money shall be paid from public funds for the direct benefit of any religious or other private educational institution.”

With nearly 25,000 students now taking part in the state correspondence programs across Alaska, Zeman’s ruling has become a major concern for lawmakers

During the course of the case, advocates defending the allotment program argued that the public funds do not provide “direct benefit for private schools in violation of the Alaska Constitution,” because the funds only ever reach a private institution if parents decide to use the funds to purchase instruction or classes at those organizations. Essentially, the argument is that the allotments are permissible because they benefit “individuals, not institutions.”

Zeman disagreed, stating that regardless of how many hands it passed through and regardless of whether the stated intention of such spending was to further the public purpose of education, state funds can still wind up at private institutions.

With nearly 25,000 students now taking part in the state correspondence programs across Alaska, Zeman’s ruling has become a major concern for lawmakers, some of whom are vowing to fix the situation even if it means holding a special session in Juneau during an election year.

State Sen. Shelley Hughes (R-Palmer) said she is willing to press legislators to address the ruling in the weeks and months ahead.

In a Facebook live stream on April 15, Hughes noted that the ruling flies in the face of fact that Alaska provides public funds for students to attend all sorts of other private and religious institutions, including Head Start early education, scholarships that can be used at private and faith-based colleges, and private vocational training centers.

On April 15, State Education Commissioner Deena Bishop issued a letter to school superintendents to address myriad concerns as the current school year winds down.

“I understand there may be many questions and concerns about the recent Alaska Superior Court order addressing correspondence study programs,” she wrote. “I am reaching out to provide some clarification on that order, explain some actions the State will be taking on this issue right away and review potential impacts on school districts with correspondence study programs.”

As far as the immediate impact on school districts, Bishop emphasized that Zeman’s opinion is “not a final judgement,” and it “does not have any immediate impact to school districts with correspondence study programs.”

At issue is the fact that Judge Zeman’s ruling nullifies a 2014 law that established a student allotment program through which a parent or guardian of a student in a correspondence study program may be provided with an annual allotment to “purchase nonsectarian services and materials from a public, private, or religious organization” so long as the services and materials are required under the individual learning plan and the textbooks, services, and other curriculum material are approved by the school district, aligned with state standards, and meet other specific requirements.

Bishop’s letter notes that the court ruling focused on the ability to use allotments to purchase materials and services from a private or religious organization and whether that violated the State Constitution.

Bishop said she is “very concerned” about how the ruling will impact the tens of thousands of students currently enrolled in the correspondence programs, which are exploding with students, even while traditional public schools are losing thousands of students each year.

“Correspondence programs are a critical part of public education in our state, and we intend to take every action possible to protect this public-school option for all correspondence students currently enrolled in the state,” Bishop wrote. “The Alaska Department of Law will be taking several actions including further filings with the Superior Court as appropriate to seek to avoid unnecessary disruption of the correspondence program.”

“This disruption, coupled with the fact that we and many Alaskans believe this ruling is flawed, leads us to ask for a stay and quick resolution with our Supreme Court,” Gov. Dunleavy said.

Bishop noted that the Department of Law is also seeking a full review of Judge Zeman’s ruling by the Alaska Supreme Court.

“Further, our department will be coordinating with our partners in state government – and local school districts – to avoid unnecessary disruption of the correspondence school program while the Alaska Supreme Court considers the important issues in this case,” Bishop explained. “As you know, this decision was only issued late Friday afternoon and thus there will be a lot of further analysis of the decision and appropriate steps to be taken.”

As far as the immediate impact on school districts, Bishop emphasized that Zeman’s opinion is “not a final judgement,” and it “does not have any immediate impact to school districts with correspondence study programs.”

“As noted above, the Department of Law will be filing appropriate applications with the Superior Court and, if necessary, the Alaska Supreme Court to hopefully keep the status quo in place with no change in the correspondence study program until the Alaska Supreme Court has had a full opportunity to review this case,” Bishop advised school district leaders. “Therefore, your school district may continue to administer its correspondence study program, including paying outstanding invoices and other administrative duties at the present.”

Bishop ended her letter by acknowledging that the difficulties created by Zeman’s ruling are far from resolved.

“[I]t is possible the Superior Court order could become effective before the Alaska Supreme Court fully reviews the case. If that should occur, we will inform you right away,” Bishop wrote. “You may also want to consult with your local school district counsel. Given the importance of this matter, I anticipate sending out frequent updates to you but of course please feel free to contact me with any questions.”

Gov. Mike Dunleavy, who originally sponsored the 2014 law that made the current allotment program possible, said his administration is still “trying to understand” the implication of Zeman’s ruling.

In a Facebook message posted shorting after the decision he said calling Zeman’s ruling “disruptive would be an understatement.”

“This disruption, coupled with the fact that we and many Alaskans believe this ruling is flawed, leads us to ask for a stay and quick resolution with our Supreme Court,” Dunleavy added.

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