Alaska
Alaska Supreme Court weighs whether correspondence education lawsuit wrongly targeted state • Alaska Beacon
Alaska Supreme Court justices on Thursday weighed whether a lawsuit seeking to have the large portions of the state’s correspondence school program found unconstitutional wrongly focused on the state government.
The justices heard arguments in the appeal of a Superior Court ruling that found a correspondence school program law to be unconstitutional.
A central question from the justices during oral arguments was whether plaintiffs should be suing the state’s education department or individual districts.
The case whose decision is under appeal is State of Alaska, Department of Education and Early Development v. Alexander, in which plaintiffs argued that it is unconstitutional for public education money to be spent on private school tuition. Superior Court Judge Adolf Zeman found the spending unconstitutional and struck down the parts of statute that allow homeschool allotment money; he suggested lawmakers could rewrite the law to make it constitutional.
The state constitution does not allow the use of public funds for the benefit of private or religious schools.
Attorneys for the state of Alaska, a group of parents whose children attend private school using allotment money and another set of parents who argue that spending is unconstitutional all made oral arguments. Justices interrupted all three of the attorneys’ arguments with pointed questions about how the case should be decided.
Attorneys for the state appealed Zeman’s ruling and said the case should not hold the state’s education department to account because individual school districts are the only oversight body for homeschool spending.
In May, Gov. Mike Dunleavy and Deputy Attorney General Cori Mills argued the lower court’s ruling should be thrown out because it is too broad, but Elbert Lin, a Virginia lawyer hired by the state, argued that since the Alaska statute that governs homeschool allotment spending has many constitutional applications, such as spending for school supplies as retailers like Target, it should not be thrown out — even if there is also the opportunity for the statute to be applied unconstitutionally.
“It is irrelevant whether the provision might be applied unconstitutionally in the view of the plaintiffs or even this court,” he said. Lin argued that if there is an unconstitutional use of the funds, the plaintiffs should sue individual districts, not the state. That way the courts can enforce any unconstitutional spending with a “scalpel rather than a sledgehammer.”
The state’s education department was once responsible for monitoring homeschool allotment spending, but a 2014 law proposed by Dunleavy, then a state senator, put that responsibility on districts instead.
Justice Dario Borghesan probed Lin’s argument and asked if state law allows allotments to be spent on full-time private school tuition. He said “both text and legislative history” suggest that full-time enrollment in private school is not correspondence study, which requires a certified teacher to come up with a learning plan for the student. “That seems somewhat nullified, or maybe a rubber stamp, if the child is just attending private school full time,” he said.
Anchorage parents who use homeschool allotments to pay for private school educations joined the case as intervenors, as people who could be affected by its outcome. Their attorney, Kirby Thomas West, took a different tack than the attorney for the state, and argued that the court should make a decision to reverse the lower court’s ruling. She argued that it would violate the United States Constitution to tell parents how they can spend their money.
Borghesan pushed back on that assessment because allotments are public school money. He cited previous case law: “While parents may have a fundamental right to decide whether to send their child to public school, they do not have a fundamental right, generally, to direct how a public school teaches their child,” he read. Essentially, he said, states have authority over how public education money is spent, so the state can stipulate that it may not be spent on a private education.
West sought to make her point through a different comparison: “It would be absurd and patently unconstitutional to suggest that the state must police the use of Permanent Fund dividends to ensure that no Alaskan ever uses that money to defray the cost of their child’s tuition at a private school,” she said. “It’s just as unconstitutional to do so here.”
She asked the justices to place a stay, which is a pause on the implementation of a ruling, on the lower court’s decision if they sent the case back to the lower court for reconsideration. The stay would mean her clients could continue to spend public education money on private school tuition.
After the arguments, Chief Deputy Attorney General Margaret Paton-Walsh said she thought the case went well for the defense. “It’s always hard to read the tea leaves, but I think some of the justices certainly seem to be pretty skeptical of that superior court decision,” she said.
She pointed out that it is not typical for the intervenors to make a distinct argument from the defense: “So I think that creates an extra wrinkle for the justices to try to noodle through as they think about the case,” she said.
The plaintiffs’ attorney, Scott Kendall, asked the court to uphold Zeman’s ruling. He argued that the judge was right to strike down homeschool allotments because the intent of the statute is to allow unconstitutional spending.
He pointed to legislative history in his appeal: when Dunleavy proposed the allotment law, he also sought a change to the state constitution to allow public funds to be spent at private schools. Dunleavy also proposed enacting school vouchers, which like the amendment, did not pass.
Kendall said that for that reason the plaintiffs should not have to sue individual school districts, because the statute is meant to allow unconstitutional spending: “When a statute grants a plainly unconstitutional power, as it does in this case — and in fact, the legislative history meticulously explains that that was the very sole reason why this legislation was passed — then it’s clearly unconstitutional on its face,” he said.
Borghesan pushed back on this argument. He repeatedly asked Kendall why the whole statute should be thrown out, rather than targeting unconstitutional uses by suing districts. “Why does that bad purpose, you know, defeat the whole rest of the statute? I mean, we have separation of powers. We’re respectful of the Legislature’s actions,” he said. “We kind of have a duty to uphold constitutional applications of statutes.”
Kendall conceded there may be a way to keep the statute without allowing public education dollars to pay for private school tuition: “There is a possibility this court, with ingenuity, could do a limiting construction — could sever parts of this — and that would be an outcome we would support,” he said.
He then referred to an early court case, in which the Supreme Court invalidated state scholarships for Sheldon Jackson College, a Sitka institution that later closed.
“Because the real core concern here, again, is the core concern when you go back to the Sheldon Jackson case, which is, are we using public funds to subsidize a private educational purpose?” Kendall said. “Here it is clear. It’s clear from the purpose of the statute, it’s clear from the interveners’ very presence here, it’s clear this is happening, and it’s clear this was the purpose of the statute.”
Deena Bishop, the commissioner of Alaska’s Department of Education and Early Development, was in the courtroom. She said after the hearing that, in her view, districts are doing a good job of ensuring state money is spent constitutionally. She did not directly say whether the state education department is in a position to regulate spending. Foremost, she said, her interest is correspondence students: “My purpose and goals are to have a great education every day for young people, and there are nearly 23,000 — it’s 22,900 students — that we want to ensure that their education continues without disruption.”
Chief Justice Peter Maassen said the court would consider the appeal and issue “something” but did not give a time frame for a decision: “No timelines are guaranteed, but we understand the urgency of the matter,” he said. Without a new court ruling, Zeman’s ruling would go into effect on Monday.
Editor-in-Chief Andrew Kitchenman contributed reporting to this story.
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In exchange for living in what is perhaps the country’s most beautiful state, Alaskans sometimes have to do without: professional sports teams, Trader Joe’s and, well, sunlight for half the year. But we make up for it with the Iditarod, reindeer sausages and chasing the aurora borealis. In other words, we often have to make our own fun. And by “fun” I mean “beer.” Those words are interchangeable, right?
Beer is a big part of life for Alaskans. We hike with it, camp with it, boat with it, cook with it and pair it with foods like the stuffiest of sommeliers. We throw it monthly birthday parties like the First Tap events at Broken Tooth Brewing Co. (otherwise known as Bear Tooth Theatrepub and Moose’s Tooth Pub & Pizzeria), complete with national musical acts like Modest Mouse, Clinton Fearon, and Norah Jones. We even occasionally do yoga with it (at downtown’s Williwaw Social). In other words, we take it everywhere and we take it seriously.
Beers from the state’s biggest brewery, Alaskan Brewing Co. based in Juneau, might already be in your refrigerator if you live in one of the 25 states where it’s available. Established in 1986 by Marcy and Geoff Larson, it was the 67th independent brewery to open in the country. With a steady line of signature brews, including their most recent “Wildness” beer, it’s the most well-established of all the state’s breweries. Expect seasonal specialties that incorporate ingredients like cranberries, raspberries, locally roasted coffee, locally grown white wheat from the Matanuska-Susitna area and even Alaska spruce tips. Ubiquitous around Alaska, this is our Papa Beer, if you will (I’ll show myself out).
But Alaskan Brewing is just one out of the more-than 50 breweries, distilleries, meaderies and cideries in the state (for an excellent list visit brewersguildofalaska.org). And while almost half of them are in Anchorage or within a short drive of our state’s largest city (including the relatively populous communities of Girdwood, Eagle River, Palmer and Wasilla), some of our most remote ports of call and tiniest towns are also in on the brewing action (I’m looking at you, Cooper Landing Brewing Company in Cooper Landing, population 231).
The ever-expanding Denali Brewing Co. in Talkeetna (population 997) may be a small-town hero, but it’s anything but small. Their four signature beers — Mother Ale, Chuli Stout, Single Engine Red and the ever-popular Twister Creek IPA, as well seasonal brews like Slow Down Brown and Flag Stop Milepost #3 — are year-round mainstays of summer barbecues and winter bonfires around the state.
This brewery is also home to the more recently established Alaska Cider Works, Alaska Meadery (featuring “Razzery,” a mead made with raspberries, sour cherries and apples) and Denali Spirits (featuring vodka, gin, whiskey, and “smoke” whiskey), because when you’ve fermented one, why not ferment them all?
(Denali Spirits’ canned cocktails, especially their blueberry mojito, have been so popular in Anchorage that at one time there was a Facebook page largely dedicated to tracking them down. Luckily, supply has since caught up with demand.)
Some breweries are even more remote. Ports of call and island hopping here can be one way to get your fill of hops. Breweries can be found in Ketchikan (Bawden Street Brewing Co.), Kodiak (Kodiak Island Brewing & Still, Double Shovel Kodiak Cidery, and Olds River Inn), Homer (Homer Brewing Co. and Grace Ridge Brewing Co. for beer, and you can also check out Sweetgale Meadworks & Cider House for hard cider and locally sourced meads featuring ingredients like nagoonberry), Sitka (Harbor Mountain Brewing), Seward (Seward Brewing Co. and Stoney Creek Brewhouse), Valdez (Valdez Brewing and Growler Bay Brewing), and Skagway (Klondike Brewing Co. and Skagway Brewing Co.).
Of course, many trips to Alaska begin and end in Anchorage. And if, during your travels, you’ve foolishly left some beers untasted, you can make up for lost time in our state’s biggest city which boasts — let’s face it — a ridiculous number of exceptional craft breweries.
Downtown’s Glacier Brewhouse specializes in oak-aged English and American West Coast-style beers, 13 of them, from blondes to stouts. Beneath the floor of the Brewhouse is a “Wall of Wood” comprised of casks of special release beers that are conditioned in oak barrels once used to age wine and bourbon. The history of the oak imparts “mother tongue” flavor characteristics, like vanilla and coconut, into these limited edition brews. Opt for one of these unique beers or choose from their flagship choices like raspberry wheat, oatmeal stout, imperial blonde, Bavarian hefeweizen or a flight that includes them all.
Down the street is 49th State Brewing Co., which expanded into Anchorage from its original location in Healy, at the edge of Denali National Park and Preserve. If you are unable to visit their flagship location, where you can sip beer while playing bocce or horseshoes on the lawn, you can catch up with them here. There’s a unique selection that includes beers like Smok, a smoked lager, as well as seasonal offerings like the Tiger’s Blood Sour, an homage to shave ice described as ”ferociously fruity.” Or there’s “Apple Fritter Ale,” with hints of cinnamon, icing, caramel, and vanilla. This location also boasts some of the best views in Anchorage and an expansive outdoor rooftop patio.
Just about all of the full-service restaurants in downtown Anchorage proudly feature some variety of Alaskan beers. In the heart of downtown, Humpy’s Great Alaskan Alehouse prides itself on a huge selection of beers, both international and local. Tent City Taphouse offers a diverse and carefully curated list of 24 rotating local brews, including their house beer, Tent City Tangerine IPA brewed by Glacier Brewhouse. Tent City regularly hosts “Taste of the North” beer dinners featuring Alaskan brewers. One, in collaboration with Grace Ridge Brewing Company, featured smoked salmon canapes with Black Pepper IPA, classic beef Wellington with an Oystercatcher stout and roasted honey lamb chops with a Winter Cranberry Ale.
If you have transportation around the city, treat yourself to a brewery tasting-room tour. Found in unassuming little side streets in the more industrial areas of Anchorage, some of our best beers can be sipped and savored at the source. Finding these funky little spots can feel like being invited to a secret party. And it’s a glimpse into Anchorage’s most authentic beer culture.
In midtown, Onsite Brewing Co. has unique, small-batch brews in a funky relaxed environment. Further south, King Street Brewing Co., Turnagain Brewing, Cynosure Brewing, Magnetic North Brewing Company, Brewerks, and one of our newest, Ship Creek Brewing Company are all within a stone’s throw of one another. If you’re lucky, you might run into one of Anchorage’s popular food trucks parked outside, so you’ll have something to wash down with your flights. Depending on the day, you might find reindeer sausages, pad Thai, cheesesteaks or pupusas. On the weekends, Anchorage Brewing Company features a top-notch in-house pop-up restaurant, called Familia, with a rotating menu featuring local Alaskan ingredients.
One of the newest and furthest south breweries, while still in the Anchorage bowl, is Raven’s Ring Brewing Company, which is a brewery/winery and meadery. From a traditional IPA to a Concorde grape wine called Grape Juice to a rotating Vintner’s pour like Sweet Peach Jalapeno mead, this ambitious operation is challenging the notion that you can’t please everyone.
Other Anchorage points of interest for non-hoppy but still home-grown adult beverages include Anchorage Distillery, Zip Kombucha, Double Shovel Cidery and Hive Mind Meadery.
If your travels are over and you still haven’t had your fill, check out the Silver Gulch Brewing & Bottling Co. inside Terminal C at the Ted Stevens Anchorage International Airport on your way out of town. An offshoot of the flagship Silver Gulch brewery in Fox, Alaska (about 10 miles north of Fairbanks), this location has a bar and restaurant, and a retail shop carrying growlers of their own brews as well as those of other Alaskan brewers and distillers. Last-minute souvenir shopping never tasted so good.
Before you start your great Northern beer safari, bear in mind that tasting rooms often have limited and varying hours, so always double-check before planning a visit.
Whether your travels take you to fine-dining restaurants, low-key alehouses or even rustic cabins in the woods, make like an Alaskan and fuel your adventures with one of our beloved, home-grown brews. When in Alaska, drink as the Alaskans do.
Mara Severin is a food writer who writes about restaurants in Southcentral Alaska for the Anchorage Daily News.
WASHINGTON — The U.S. Coast Guard announced Thursday that the first two Arctic Security Cutters will be homeported in the State of Alaska. Anticipating delivery of the first Arctic Security Cutters by the end of 2028, the Coast Guard has begun planning to ensure necessary infrastructure and support are in place to receive two icebreakers. Ensuring these vessels are supported by trained and ready crews, and ready homeport facilities including housing, will be essential to delivering full, enduring operational capability required to meet emerging Arctic security challenges.
“Homeporting these two Arctic Security Cutters in Alaska is a decisive step forward in securing America’s Arctic frontier,” said Secretary of Homeland Security Markwayne Mullin. “I want to thank President Trump for his bold leadership and vision in directing this critical investment, as well as Senator Sullivan and the entire Alaskan Congressional delegation for championing the funding that made these icebreakers possible. These vessels will deliver the enduring operational presence our nation needs to protect sovereignty, deter foreign adversaries, and safeguard vital resources for the American people..”
The homeporting of the first two Arctic Security Cutters in Alaska builds on the historic expansion of the Coast Guard’s icebreaker fleet and underscores an unprecedented investment in the Arctic. This announcement marks a national milestone in U.S. Arctic capability, following contract awards for up to 11 Arctic Security Cutters. Fueled by $3.5 billion in funding in the Fiscal Year 2025 Reconciliation Bill and facilitated by a groundbreaking Memorandum of Understanding (MOU) between the United States and Finland in October 2025, the acquisition of Arctic Security Cutters will fulfill President Trump’s directive to rapidly deliver America’s newest icebreaker fleet.
“Homeporting Arctic Security Cutters in Alaska underscores the United States’ leadership as a maritime power in the Arctic,” said Adm. Kevin E. Lunday, commandant of the Coast Guard. “By strategically positioning these state-of-the-art icebreakers in Alaska, the Coast Guard will maximize our ability to defend our northern border and approaches, while reinforcing America’s maritime dominance in a crucial region of strategic importance.”
Through contract awards to Rauma Marine Constructions Oy of Rauma, Finland, Bollinger Shipyards Lockport, L.L.C., and Davie Defense, Inc. of Vienna, VA, the U.S. will immediately benefit from our Finnish partners’ icebreaker expertise while coordinating the onshoring of that expertise and shipbuilding to the United States. Under the MOU, Finland will construct up to four ASCs for the U.S Coast Guard. U.S. shipyards will build and deliver up to seven additional ASCs. Delivery of the first Arctic Security Cutters is expected by the end of 2028.
Arctic Security Cutters will form the backbone of a revitalized U.S. icebreaker fleet, strengthening American maritime dominance in the Arctic. Fielding specialized capabilities, these icebreakers will defend U.S. sovereignty, secure critical shipping lanes, protect energy and mineral resources, and counter foreign malign influence in the Arctic region. A robust icebreaker fleet will enable the Coast Guard to control, secure and defend U.S. Alaskan borders and Arctic maritime approaches, facilitate maritime commerce vital to economic prosperity and strategic mobility, and respond to crises and contingencies in the region.
Acquisition of Arctic Security Cutters supports the Coast Guard’s ongoing modernization, through which the Service is transforming into a more agile, capable and responsive fighting force.
Memorandum on ASC Homeporting
###
Alaska
‘We never forgot her’: Friends, family of longtime Alaska teacher gather for 100th birthday celebration
ANCHORAGE, Alaska (KTUU) – Phyllis Sullivan has certainly led a life worth celebrating.
Born in 1926, Sullivan moved to Alaska with her husband and three children in 1959 to teach, first in the village of Kwethluk in Western Alaska and later at Wendler and Mears Middle Schools in Anchorage.
All the while, she left strong impressions with countless students and acquaintances, some of whom gathered in the basement of Anchor Park United Methodist Church in Anchorage Saturday to celebrate Sullivan’s century of life.
“Education has been the primary thing in her entire life,” her son Dennis Sullivan said. “She’s always been a school teacher and she’s been one of the sweetest people in the entire world.”
As a slideshow featuring vintage photos from her life and time in Alaska played, Phyllis, wheelchair-bound but high in spirit, stopped to chat with every new person who entered the room, some of whom she hadn’t seen in years.
“It’s impressive that this many people are here,” she said. “That’s very encouraging. Makes me think maybe I did something right along the way.”
Aside from family members, most visitors were there because of the impression Phyllis Sullivan left on them during her many years in the classroom.
“She gave us this one assignment: to memorize a poem,” former Mears student Tina Arend recalled. She said Phyllis Sullivan was her 8th grade English teacher.
“And when she gave us the assignment, she said, ‘I’ve had students come back many, many, many years later and recite the poem to me.’ And we actually still remember the poem,” Arend said of her and her husband, who was also in attendance. They both went on to become teachers at Mears as well.
Matthew Nicolai, whom Phyllis Sullivan taught in Kwethluk, has similarly fond memories.
“The Bureau had ordered that teachers do corporal punishment for speaking Yup’ik,” Nicolai remembered. “Even though we spoke Yup’ik, she never did that, never cracked our hands. Other teachers did, but not her. That’s why we never forgot her.”
In addition to teaching, Phyllis Sullivan also found time to open her home to those in need. She and her husband once took in a family with seven kids who had been displaced by flooding in Fairbanks in 1967.
“It touched our heart because they bought us a lot of stuff that we needed because we lost a lot of stuff during the flood,” David Solomon, one of those seven kids, said. “We stayed there for over three years.”
Phyllis Sullivan said she is enjoying life and is doing fine.
“My mother made it to 103,” she said. “So, I’ve got a while yet.”
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