Arkansas AG appeals rejected motion to dismiss school voucher lawsuit

Arkansas Supreme Court (Courtesy Photo)

Attorney General Tim Griffin on Tuesday filed an appeal with the Arkansas Supreme Court in response to a judge’s rejection of his motion to dismiss a lawsuit challenging the constitutionality of the state’s new school voucher program.

In June, parents and guardians of public school children filed a lawsuit in Pulaski County Circuit Court asking the court to block enforcement of the Educational Freedom Account program, which provides state funds for allowable educational expenses such as private school tuition.

Judge rejects motion to dismiss Arkansas school voucher lawsuit

Defendants named in Tuesday’s appeal include Education Secretary Jacob Oliva, the Arkansas State Board of Education, the Arkansas Department of Finance and Administration and DFA Secretary Jim Hudson.

Plaintiffs’ claim that Education Freedom Accounts illegally divert funding from its intended purpose “is mistaken as a matter of law” and therefore their suit should be dismissed for failure to state a claim, Griffin argued in his July motion .

Griffin also argued the case should be dismissed because plaintiffs failed to state an exception to sovereign immunity, a legal doctrine that the state cannot be sued in its own courts.

Circuit Court Judge Morgan “Chip” Welch denied Griffin’s motion in his Aug. 12 order , arguing that the plaintiffs’ pleadings are sufficient under the Arkansas Rules of Civil Procedure.

Plaintiffs allege the voucher program constitutes illegal exaction , an exception to the doctrine of sovereign immunity. Therefore, sovereign immunity does not apply to this case, Welch said.

Illegal exaction refers to the use of tax funds for unauthorized or illegal purposes.

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