Arkansas
4 file suit seeking to halt school voucher program, calling LEARNS provision unconstitutional | Arkansas Democrat Gazette
A group of Arkansas citizens has asked a Pulaski County circuit judge to stop what they say is the state’s unconstitutional Educational Freedom Account that provides taxpayer funding for tuition and other private and home school costs.
The four plaintiffs — Gwen Faulkenberry, Special Renee Sanders, Anika Whitfield and Kimberly Crutchfield, who are represented by Richard H. Mays — filed suit late Friday against Gov. Sarah Huckabee Sanders, the Arkansas Department of Education, the Arkansas Department of Finance and Administration, Education Secretary Jacob Oliva, secretary of the Department of Finance and Administration Jim Hudson and eight of the nine-member state Board of Education. One board position is vacant.
The plaintiffs argued to Pulaski County Circuit Court Judge Morgan Welch that the voucher program is unconstitutional and void. The plaintiffs seek an injunction from the court to prohibit state defendants from further implementing the voucher program and a declaration from the court that state officials have acted beyond their constitutional authority.
If the court finds that the funding and payment provisions of the LEARNS Act relative to the voucher program are unconstitutional, the plaintiffs in the 37-page lawsuit ask to “be allowed to add all recipients of the Voucher Program funds as Defendants for purposes of recovery all such funds illegally expended.”
The lawsuit notes that the Arkansas Revenue Stabilization Act allocates $97,487,318 for the voucher program for the coming 2024-25 school year, a 300% increase of the allocation for the past year.
State education leaders anticipate that more than 14,000 students will participate in the Educational Freedom Account program this coming year.
An effort to reach Kimberly Mundell, spokesperson for the Division of Elementary and Secondary Education, by text message about the lawsuit late Monday afternoon was not successful.
The plaintiffs in the case are three educators/parents of school-age children and a guardian of a school-age child.
Faulkenberry, who lives in the Ozark School District, is a university teacher and has been a Sunday columnist for the Arkansas Democrat-Gazette. Sanders, who resides in Drew County, is a public school teacher. Crutchfield is a Little Rock School District teacher. Whitfield, of Pulaski County, is a legal guardian and longtime community activist.
The lawsuit over the vouchers is the latest in a series of lawsuits challenging different aspects of the LEARNS Act. The most recent case is pending in federal court and centers on prohibitions in the law against indoctrination of students. An earlier case challenged the validity of the emergency clause that was attached last year to the LEARNS Act.
The Educational Freedom Account program was enacted last year by lawmakers as one component of the 145-page Arkansas LEARNS Act, or Act 237, that was initiated and championed by the governor to overhaul education in the state. The Educational Freedom Account program greatly expanded a smaller Succeed Scholarship voucher program that had been for students with special education needs.
The taxpayer-funded Educational Freedom Account program that started this just-ended school year based on emergency rules provided at least $6,672 for about 5,000 students who met eligibility requirements to use the taxpayer-funded accounts at some 94 private schools.
The accounts will provide at least $6,856 per student for this coming school year. The dollar amount is 90% of the minimum state and local funding per public school student. As of last month, 106 private schools had been approved for receiving the state funding with 13 more awaiting approval.
To qualify for the taxpayer-funded accounts in the first year, students had to be kindergartners, recipients of the previous Succeed Scholarships, attend an F-graded public school, be the child of an active military service member or experience foster care or homelessness.
In this coming school year, the eligibility requirements have expanded to include students who attended a D- or F-graded public school or be the child of military veterans or emergency responders.
While there are student eligibility requirements in place for the first two years of the vouchers, all Arkansas students will be eligible to access Educational Freedom Accounts for tuition and other private and home school costs beginning with the 2025-26 school year, according to the LEARNS Act.
Mays, the plaintiffs’ attorney, argued in the lawsuit that Article 14 of the Arkansas Constitution directs that no money or property belonging to the public school fund or to the state for the benefit of schools and universities “shall ever be used for any other respective purpose to which it belongs.”
Article 14 further reserves certain property taxes to local school districts and Article 16 states that no money arising from a tax levied for any purpose shall be used for any other purpose.
“The LEARNS Act violates these constitutional principles,” Mays wrote. “The LEARNS Act transfers from taxes belonging to the state for the use and benefit of public schools the amount of money calculated by the State as the cost of that student’s education to the private school, home school or other private provider.”
The lawsuit also states that the Arkansas Supreme Court “has consistently upheld the constitutional requirement that public school funds may not be used for non-public school purposes.”
The LEARNS Act is not the state’s first attempt at funding of private schools, according to the lawsuit. Mays cites unsuccessful efforts by the state to provide public money to private schools in response to the court-ordered racial desegregation of Little Rock schools in 1958.
“The LEARNS Act represents a radical and unconstitutional departure from a public school system that endured since the establishment of the state of Arkansas,” the suit also states.
“If implemented, the LEARNS Act will drain valuable and necessary resources from the public school system and create a separate and unequal dual school system that discriminates between children based on economic, racial and physical characteristics and capabilities,” the suit continues.
Mays, the attorney, noted that no tax or other revenue source was created by lawmakers to support the Educational Freedom Accounts.
He called the voucher program “a shell game.”
“The funding mechanisms and incentives for vouchers reduce the number of students in traditional public schools, and effectively fund the state vouchers in part with funds which formerly were distributed to traditional public schools,” he wrote in the lawsuit.
“This scheme results in the local school tax funds generated by the 25-mill uniform rate of taxation being shuffled to the state, and then used to fund school vouchers,” he said.
Arkansas
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Arkansas
Arkansas Athletics, CommunityAmerica Credit Union launch multi-year partnership including Razorback Stadium naming rights
FAYETTEVILLE, Ark. – The University of Arkansas Department of Athletics has signed a long-term partnership with CommunityAmerica Credit Union, marking a significant step in the credit union’s growing commitment to Northwest Arkansas. Facilitated by Learfield and Razorback Sports Properties, Donald W. Reynolds Razorback Stadium will become CommunityAmerica Razorback Stadium beginning with the 2027 football season.
Rooted in more than 85 years of helping individuals and families achieve financial peace of mind and building on a 65-year legacy of service in Arkansas, CommunityAmerica is excited to engage with Razorback fans and support the communities they call home.
“This is so much more than a name on a stadium. It’s about becoming part of the Razorback Nation experience and helping fans, students, student-athletes and the communities we and the university serve,” said Lisa Ginter, Chief Executive Officer of CommunityAmerica Credit Union. “Our members are at the heart of everything we do and when we evaluate partnerships like this, it starts with what matters most to them. The University of Arkansas is a powerful source of pride and connection for people across the state and in many of our markets. This partnership underscores our long-term commitment to Northwest Arkansas, where we look forward to growing our presence and helping more families achieve financial peace of mind. We’re already deepening our roots with plans for a campus location and several new branches throughout the region.”
The multi-phased partnership extends beyond naming rights and designates CommunityAmerica as the Official Credit Union of Arkansas Athletics. CommunityAmerica will also serve as an official sponsor of Arkansas Athletics, supporting student-athletes and fans alike. The comprehensive partnership will also include the rebranding of the SEC Club inside Razorback Stadium as the CommunityAmerica Club, where fans enjoy premium amenities on gameday. As part of the agreement, CommunityAmerica will engage directly with Razorback student-athletes providing Name, Image and Likeness (NIL) opportunities, valuable financial education and programs to help them succeed both on and off the field.
“We are thrilled to welcome CommunityAmerica Credit Union as the Official Credit Union of Arkansas Athletics as one piece of a partnership that will benefit our student-athletes, fans and the state of Arkansas for years to come,” said Hunter Yurachek, Vice Chancellor and Director of Athletics at the University of Arkansas. “Our vision in the Department of Athletics is to be our best and CommunityAmerica’s commitment to excellence as a trusted, people-driven financial institution mirrors that same vision. This partnership is just getting started but its impact will help shape our future.”
Beginning with the 2027 football season, the partnership will expand into its second phase with the naming of CommunityAmerica Razorback Stadium and the launch of CommunityAmerica Razorback Checking, Debit and Credit Cards.
With a legacy of serving members across Arkansas and nationwide, CommunityAmerica is ranked among the most trusted and innovative credit unions in the country and among the largest in the Midwest. CommunityAmerica is excited to engage and serve Razorback fans and members more deeply with a variety of financial products and services that align to their passion for the University.
“Our members are proud of where they live and what they stand behind, and for so many in Arkansas and across our shared communities, that means being part of Razorback Nation,” Ginter said. “As we look ahead to launching Razorback-branded products in 2027, we’re excited to offer experiences that celebrate that pride, strengthen relationships and deliver meaningful value for the people and communities we serve.”
“This is a historic partnership featuring an innovative brand with a passion and proven track record of supporting their community, paired with one of the leading college athletics programs in the country,” said Allison Fillmore, Senior Vice President, Business Development at Learfield. “Learfield and Razorback Sports Properties are excited to collaborate with Arkansas Athletics, which will enhance fan and student-athlete experiences for years to come.”
Razorback Sports Properties is the locally based Learfield team that is the exclusive multimedia rights holder for Arkansas Athletics and oversees all sponsorship agreements on behalf of the Razorbacks.
About the University of Arkansas Department of Intercollegiate Athletics
The University of Arkansas Department of Intercollegiate Athletics pursues its vision to “Be Our Best” while developing 465+ student-athletes into Razorbacks and Champions for Life. As members of the Southeastern Conference (SEC), the Razorbacks consistently compete at the nation’s highest levels while proudly representing the University of Arkansas and the entire state. Arkansas has established itself as one of the most competitive programs in the nation, winning nine NCAA titles and over 50 SEC Championships in recent years.
About CommunityAmerica Credit Union
CommunityAmerica Credit Union is a not-for-profit financial institution committed to helping members get on a path to thrive and achieve financial peace of mind. Founded in 1940, and with Arkansas roots dating back to 1968, CommunityAmerica has grown to meet the evolving financial needs of its members. With nearly $10 billion in assets and more than 600,000 members, the credit union is ranked among the nation’s 50 largest credit unions. It is the largest credit union in Arkansas, Kansas, and Missouri, and one of the largest financial institutions with expanding operations in Northwest Arkansas. CommunityAmerica offers a full suite of financial products and services for individuals and businesses, including checking and savings, mortgages, loans, commercial banking, wealth management, retirement planning, and insurance. Federally chartered, CommunityAmerica serves members across multiple markets nationwide with branch locations in Arkansas, California, Kansas, Missouri, Nevada, Tennessee, and Texas. Learn more at CommunityAmerica.com.
About Learfield
Learfield is the leading media and technology company powering college athletics. Through its digital and physical platforms, Learfield owns and leverages a deep data set and relationships in the industry to drive revenue, growth, brand awareness, and fan engagement for brands, sports, and entertainment properties. With ties to over 1,200 collegiate institutions and over 12,000 local and national brand partners, Learfield’s presence in college sports and live events delivers influence and maximizes reach to target audiences. With solutions for a 365-day, 24/7 fan experience, Learfield enables schools and brands to connect with fans through licensed merchandise, game ticketing, donor identification for athletic programs, exclusive custom content, innovative marketing initiatives, NIL solutions, and advanced digital platforms. Since 2008, it has served as title sponsor for the acclaimed Learfield Directors’ Cup, supporting athletic departments across all divisions.
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