Why last week’s Alaska Supreme Court ruling isn’t the final word on homeschool allotments

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There's a key question the court left open: whether Alaska correspondence schools can allow parents to spend public money at private schools.

The Alaska Supreme Court handed the state a victory last week when it reversed a lower court ruling that had thrown out two key homeschool laws as unconstitutional.

Back when they first filed this lawsuit, the plaintiffs’ main objection was that people were spending state money on private schools in violation of article 7 of the Alaska Constitution. That basically says you can’t spend public money on religious or private schools. That was their main gripe with the current system.

“The parent, the school district and the ILP teacher determine what the inputs are to get to that output, as opposed to the Department of Education through its regulations determining the inputs. The local school determines the inputs, the local district determines the inputs,” Dunleavy said at a March 2013 hearing.allowed parents to opt out of state testing

“In a sense, what they say in this order is, all we need is an example of this happening one time. Bring the school district who did it in front of us, and we can tell you that this is unconstitutional,” Kendall said.

 

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