Judge orders Arkansas LEARNS Act lawsuit to move forward

LITTLE ROCK, Ark. – A Monday decision in Pulaski County court means the Arkansas LEARNS Act is closer to having its day in court.

The decision by Circuit Court Judge Morgan Welch denies a motion to have the case opposing the act dismissed. The state had asked for the suit to be dismissed based upon its failure to adequately state the facts and that the state had sovereign immunity from being sued.

Welch’s opinion held that the complaint against the state met legal standards.

The suit was brought by four parents of children in public schools against Arkansas officials including Secretary of the Department of Education Jacob Oliva and Gov. Sarah Huckabee Sanders. Members of the board of education and the department of finance and administration officials were also named.

The complaint, first filed in June, held that the LEARNS Act violated the state constitution at five points by diverting funds from public to private schools through its Education Freedom Accounts provision. Those accounts provide about $6,600 per student to attend any school, including private or home schools.

The lawsuit states that diverting funding away from public schools is moving public tax money to the private sector, violating the Constitution.

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