Alaska Gov. Mike Dunleavy's administration on Friday asked the state Supreme Court to quickly rule on whether a judge's ruling that found two provisions of the state's distance learning program unconstitutional will go into effect in July. .
The government filed two documents with the court on Friday. One of them notified the court that the state would appeal six points in Anchorage Superior Court against Adolf Zeman. rulingand another questioner The court must set a hearing schedule that could determine whether the suspension period for Zeman's sentence ends on June 30 or is extended.
The documents were submitted the day after Zeman. issued The final ruling in the case prohibits public money from being spent on private schools through the holdout, known as a holdout, and the Correspondence Allocation Program.
The state said Zeman's decision creates uncertainty for pen pal families and school districts and “until this court rules, Alaska's public education system will remain in limbo.”
Margaret Peyton Walsh, a Department of Justice attorney who represents Deena Bishop, said in a statement, “This court is the only one that can resolve the uncertainty this case creates for Alaska's education system and everyone involved in it. should be resolved as soon as possible.” State Superintendent of Education and Early Development.
The state's filing says it wants the court's decision by June 30 on whether to extend the stay, but added that if the court doesn't extend the stay, it wants to know why.
“To this end, the State must promptly ensure that the Court issues a complete opinion, including sufficient explanations to enable Congress to make the necessary legal changes, before the order of the appellate court takes effect. “I respectfully request that you schedule a press conference,” Peyton Walsh wrote.
If the court decides to extend the moratorium, the state will seek a full opinion before the legislative session begins in January 2025, according to the filing.
Alaska had a communications program prior to statehood. But Dunleavy's bill, which passed in 2014 when he was a state senator, added two provisions that Zeman ruled against. One legislated an apportionment program to reimburse communication costs, and the other required school districts to provide learning plans to distance students while limiting what states could request of those students.
How quotas were used doubts remain In 2022, Jodi Taylor, wife of Alaska Attorney General Treg Taylor, published a step-by-step document. explanation Learn how families can use assignments for private school classes.
The family is supported by NEA-Alaska School Association. lawsuit In January 2023, it challenged the use of private school quotas, saying it violates the state constitution.
whole section Alaska's state constitution regarding public education consists of three sentences, the last of which is: “No money shall be paid from public funds for the direct benefit of a religious or other private educational institution.” .
The administration maintains that the use of quotas is as follows: It is constitutional.
Attorney General Taylor said in a news release Friday announcing the appeal plan that a long-term stay is the best short-term solution.
“I would caution against keeping current law as is rather than enacting something permanent (there is a possibility that the Alaska Supreme Court will uphold the law and require no changes to our program). ),” Taylor said. “Any potential solution must be tailored only on an interim basis and with minimal disruption to existing programs, while respecting the judge's decision. That is why, for the sake of stability, staying is the best option.”
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