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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Alaska
Opinion: Life lessons learned from mushing and old-time Alaska
This is the beginning of the Iditarod spring, signaled by the burst of sun and what used to be the long wait for dog teams to pass under the arch in Nome, the finish line a thousand miles away from Anchorage. For old-timers, it’s the story of the way Alaska used to be. What once was a 30-day wait has become about 10 days for winners to celebrate and the rest of us to shout, “Well done.”
My story is about family that welcomed immigrants from all over the world to be among the last groups of Indigenous people in the country, a life of taking good care of dog teams, and of parents who taught their children how to live in a wild, rugged frontier.
I came to be in a different age, a time of dog teams that ruled the trails to mining camps and where the salmon ran strongest — before the introduction of the snowmachine that revolutionized rural and Native Alaska.
For the Blatchford family, it is a recognition that some things will always stay the same and everything else changes. All four of my grandparents were noncitizens. My mother Lena’s parents of Elim were Alaska Natives, as was my dad Ernie’s mother, Mae, of Shishmaref. The name Blatchford comes from his father, the Englishman who was born in Cornwall and arrived in Nome during the gold rush. His brother, William, was one of the early immigrants, and by 1899 there was a creek just outside Nome named after him. He discovered gold. My grandfather, Percy, found gold, too, but it was a different kind of wealth, a finding that he had found home and never left.
I was born in Nome, delivered by an Iñupiaq Eskimo midwife in a one-room cabin where the frozen Bering Sea met the treeless tundra’s permafrost. Dad had a dog team. I like to think that the dogs were anxious for me to be born because it was hunting time for Dad to hitch them up and mush out to where the sea mammals, snowshoe hares, ptarmigan and other game thrived in the winter. My earliest memories are of dogs; all of them working as a team to bring home the game so we could have a fine meal cooked by Lena. In the Arctic, dogs were essential for family survival. If you didn’t hunt, you didn’t eat.
There are several memories that remain strong. I suppose I can call them lessons of the Arctic.
The first is to take care of the dogs and treat them well. Dog lovers all over the world know very well that a dog, whatever the breed, is loyal and will die to protect the one who feeds and pets it. If you don’t feed a husky, it won’t pull, and it could mean a long time before the family eats. When a dog team is hungry, it will race back home to be fed a healthy meal. Mother Lena must have been a great cook because Dad said the dog team always raced back to the edge of Nome, where Lena was waiting beside the propane stove. For Mike, Tom and me, our job was to take the rifle, shotgun and .22 into the cabin to be cleaned and oiled. Once that was quickly done, we unhitched the dogs and then fed the team.
All three of us boys had special responsibilities to Tim, Buttons and Girlie. Tim, the lead dog, was brother Mike’s pet; Tom had Buttons, and I had Girlie. We made sure they were healthy and well cared for. Dad would often comment that “Papa,” our grandfather Percy, the Englishman, took good care of his dog teams, being kind to the dogs and feeding them. Dad was the oldest of a large family that lived in Teller and later Nome.
“Papa” Percy was a prospector, fox farmer and a contestant in the All-Alaska Sweepstakes, the dog team race from Nome to the mining camp of Candle, a 400-mile race. He didn’t win, but he finished well, very well. The stories of the Sweepstakes have remained with the family for over a century. At a memorial service in Palmer for “Doc” Blatchford, Aunt Marge, without a question or a prompt, said that Papa took good care of his dogs.
Percy Blatchford was a legend in the Alaska Territory. As a teacher of Alaska newspapers, I would find headlines similar to one in the Fairbanks Daily News-Miner that blazed on the front page: “Blatchford Wins Solomon Derby.” There was even a story in The New York Times.
There’s probably no other sport in Alaska that brought Alaskans together like dog mushing. When old-timers would visit over strong coffee, dogs and dog team racing would come up. In the territory, there were few high schools and fewer gymnasiums, so the only team sport was dog mushing. It was something to talk about that was unique to Alaskans.
I used to travel in rural Alaska quite a bit. In the smaller communities, I would see the teams and would wonder how long they would power the engines that brought the mail and the foodstuffs down and up the trails. When I think of dog teaming, I think of the Iditarod and wonder, and then come to know, what the strength of the story would mean for bringing generations together from Papa Blatchford to his eldest son Ernie and to the fourth generation of Blatchfords in Alaska.
There are times when I think that old-time Alaska is gone. But then my faith and confidence in the old-time spirit are ignited when I see what others in the Lower 48 see. When I was walking in downtown Philadelphia, I looked up and saw on an ancient federal building a stamped concrete sculpture of a dog musher leaning into a blizzard. Such is the way I think of the Iditarod and the lessons I learned growing up with the dog team, preserved in my memories.
Edgar Blatchford is former mayor of Seward, Mile 0 of the Iditarod Trail.
• • •
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Alaska
These lines are adding Alaska cruises. Is your favorite on the list?
New Alaska voyages debut in 2026 as lines like MSC Cruises and Virgin Voyages expand into the booming market.
How to find the best price, perks when booking a cruise
Find the cruise that works for your budget with these tips.
Problem Solved
Travelers will have new ways to see Alaska this year.
A number of cruise lines are launching sailings to the Last Frontier in 2026, from luxury to large family-friendly and adults-only ships. About 65% of people visiting the state during the summer do so by cruise ship, according to Cruise Lines International Association Alaska, and demand is high.
“I think Alaska is always very popular, but we’re seeing that ships are selling out way quicker than they used to,” Joanna Kuther, a travel agent and owner of Port Side Travel Consultants, told USA TODAY.
With new inventory opening up this season, here’s what travelers should know about Alaska cruises.
Which cruise lines are adding Alaska sailings?
- MSC Cruises will launch its first-ever Alaska sailings aboard MSC Poesia on May 11. The ship will be fresh from dry dock to add enhancements, including the line’s luxe ship-within-a-ship concept, the MSC Yacht Club.
- Virgin Voyages’ newest ship, Brilliant Lady, will operate the company’s inaugural Alaska cruises. The adults-only cruise line will set sail there starting on May 21.
- The Ritz-Carlton Yacht Collection will debut its first Alaska cruises this year on its Luminara vessel. The first of those sailings will depart on May 28.
Those join other operators like Holland America Line, Princess Cruises, American Cruise Lines, Norwegian Cruise Line, Royal Caribbean International, Disney Cruise Line, Celebrity Cruises and more.
What are the draws of Alaska cruises?
Glaciers are a major attraction for visitors. “One of the major (draws) is Glacier Bay,” said Kuther. “…And then the other one is definitely the wildlife.”
That includes bears, whales, moose and salmon. In addition to its many natural wonders, the state is also a cultural destination where visitors can learn about its Native peoples.
When is the best time to take an Alaska cruise?
That depends what you’re looking for. The Alaska cruise season generally runs from April through October, and Kuther said visitors will tend to see more wildlife between the end of June through August.
“That’s super peak season,” she said. “That’s also where you’re going to have more families, more crowds.” Some locals have also said those crowds are putting a strain on the very environment tourists are there to see.
Travelers may find less packed ships and ports by visiting earlier or later in the season – and there are other perks. If passengers go in May “it’s still a little bit snowy, so your scenery is going to be really cool,” Kuther said. Travelers visiting in September or October, meanwhile, could have a better shot at seeing the northern lights.
Where do ships usually sail?
The most popular itinerary is the Inside Passage, according to Kuther. That often sails round-trip from Seattle or Vancouver with stops such as Juneau, Skagway and Ketchikan. “People will go back to Alaska and do different routes,” she said. “This is a very good way to start.”
Other options include one-way cruises between Vancouver or Seattle and Anchorage. Travelers can also take cruisetours that combine sailings with land-based exploration, including train rides and tours of Denali National Park and Preserve.
Tips for Alaska cruises
- Book early: Alaska itineraries sell out quickly, and so do shore excursions. Unique offerings like helicopter tours and dog sledding are popular, and there are only so many spots.
- Consider a balcony cabin: This is “almost a must” in Kuther’s opinion. Crew members may make announcements about whales or other sightings near the ship, and guests with their own private viewing spot won’t have to race out on deck.
- Pack carefully: “Packing is an art when it comes to Alaska,” Kuther said. “It really is, because you need so many things.” Her top three picks are bug spray, layers of clothing for the fluctuating temperatures and a waterproof jacket in case of rain.
Nathan Diller is a consumer travel reporter for USA TODAY based in Nashville. You can reach him at ndiller@usatoday.com.
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