Arkansas Supreme Court orders school choice reform to go forward

The Arkansas Supreme Court reversed a lower court ruling preventing the implementation of the state’s new educational reform law.

The LEARNS Act is a series of education reforms in Arkansas, the hallmark of which is the establishment of a Children’s Educational Freedom Account Program that enables families to receive state funding for various education options, including private schools.

In addition to the school choice provisions, the LEARNS Act also raises teacher salaries to $55,000 a year, grants performance bonuses for the best teachers and implements a program to make sure high school graduates are ready for work.

After the law passed, a lawsuit was filed to challenge the legality of the LEARNS Act, and a temporary restraining order (TRO) was requested to prevent the implementation of the law. A lower court granted the TRO, which the state appealed.

In the Supreme Court’s latest decision, the TRO was reversed on the basis that “because appellees failed to meet their burden of proving irreparable harm, the circuit court abused its discretion in granting the motion.”

Despite the reversal, the lawsuit will still go forward. It claims the Legislature followed incorrect parliamentary procedure when calling for a vote for the legislation, thus invalidating the law, said 40/29 TV News 

However, the Supreme Court’s majority seemed unsympathetic to the claim. 

“Answering a political question about whether video has replaced the constitutional journal entries and how the legislature conducts its vote proceedings would violate separation of powers,” said Justice Rhonda K. Wood in a concurring opinion. “We cannot usurp the legislative branch’s core functions or threaten its independent institutional integrity. The only way to decide this issue would be to pass judgment on the legislative branch’s internal procedural method of recording votes. This is not our role.”  

The LEARNS Act’s school choice provisions will be phased in over a three year period, prioritizing low-income students, those with special educational needs first, and certain other categories of students. 

Arkansas Gov. Sarah Huckabee Sanders campaigned heavily on education reform when running for governor, and made passing the LEARNS Act a top priority. 

“I believe that giving every child access to a quality education is the civil rights issue of our day,” said Sanders at her initial legislative press conference. “I’ve made it absolutely no secret that education reform will be the hallmark of my administration.” 

By 2025-2026, all K-12 students will qualify for the Children’s Educational Freedom Account Program in that state, according to the new law.