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4 file suit seeking to halt school voucher program, calling LEARNS provision unconstitutional | Arkansas Democrat Gazette

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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.”

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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.

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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.

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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.”

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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.

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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.



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Arkansas

New statewide group promotes, aids prescribed burns | Northwest Arkansas Democrat-Gazette

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New statewide group promotes, aids prescribed burns | Northwest Arkansas Democrat-Gazette


The newly formed Arkansas Prescribed Burn Association held its first meeting in mid-October.

The association works as an umbrella organization, recruiting and maintaining new groups of landowners to conduct prescribed burns throughout the state.

“Properly planned prescribed burns reduce the fuel load, which can lessen or even eliminate wildfires,” said Thomas Baldridge, one of the association’s three directors. “But that’s only part of the benefit of prescribed fire. It’s the best tool available to land managers to increase wildlife habitat for turkeys, quail, deer and all sorts of other species.”

North American bird populations have declined by more than 2.9 billion birds in the last 50 years and the loss of grassland habitat is one of the largest contributors to that loss, according to a recent study conducted by Kenneth Rosenberg and highlighted by the National Audubon Society. Fire helps open up dense underbrush to promote seed-producing grasses and plants that are beneficial to grassland species on a year-round basis.

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Instead of manipulating land through dirt work or planting food plots, many landowners can turn the tide on the loss of wildlife habitat with the proper use of prescribed fire.

Baldridge said the formation of the prescribed burn association was a natural evolution to what the Arkansas Game and Fish Commission and other partnering organizations had been studying the last few years.

“Game and Fish started building prescribed burn associations a few years ago. Most of our members have been fortunate to have worked with many of the staff from Game and Fish, Quail Forever and the U.S. Fish and Wildlife Service on burns and other private land habitat projects. The prescribed burn association just sort of seemed to be a missing piece to the puzzle that was already being put together,” Baldridge said.

Hunter Johnson of Des Arc and Catrina Mendoza of Searcy share director duties with Baldridge, who also lives in Searcy.

Baldridge said the association used states like Oklahoma and Florida as templates to follow in their formation.

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“Oklahoma really sets the standard for a statewide prescribed burn association. They’ve grown to a massive organization with a budget over $1 million and eight full-time staff members to support all of their chapters.”

Game and Fish, Arkansas Game and Fish Foundation, U.S. Fish and Wildlife and Quail Forever all pitched in financially to help the new association build a firm foundation. Game and Fish granted the organization $25,000. Fish and Wildlife gave it $50,000 and Quail Forever provided $17,000 derived from its specialty license plate sales.

Baldridge says trailers, safety gear and other prescribed burn necessities also were donated to the association, increasing its startup assistance to more than $200,000 in funding and equipment. Since the organization is entirely volunteer-based, all of this funding is put directly into putting prescribed fire on the landscape.

Visit www.arfire.org for more information and to learn how to set up a new prescribed burn association in any area of Arkansas.



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Arkansas

Arkansas' official depth chart for Missouri game

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Arkansas' official depth chart for Missouri game


FAYETTEVILLE — The Arkansas Razorbacks (6-4, 3-4 SEC) have released the depth chart for Saturday’s regular season finale against the No. 24 Missouri Tigers (8-3, 4-3 SEC) at Razorback Stadium.

Arkansas recovered from a slow start to take down Louisiana Tech, 35-14, over the weekend in Fayetteville. Missouri bounced back from a loss to South Carolina on Sept. 16 with a 39-20 win at Mississippi State on Saturday.

A few changes were made to this week’s depth chart, most notably the absence of junior defensive end Nico Davillier at the defensive end position. The pass-rusher did not play against Louisiana Tech on Saturday due to a knee injury, and senior Anton Juncaj is the lone listed starter in Davillier’s place. Backing up Juncaj is freshman Charlie Collins.

At safety, sophomore TJ Metcalf and junior Miguel Mitchell no longer have an “or” listed between them. Metcalf is the starter with Mitchell backing him up. Finally, redshirt sophomore Brooks Edmonson is listed as the backup center behind Addison Nichols instead of redshirt sophomore Amaury Wiggins, who is no longer listed on the depth chart.

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Here is the full Arkansas depth chart ahead of Saturday’s game against Missouri, which is set to kick off at 2:30 p.m. CT on SEC Network at Memorial Stadium.



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Higginbottom key in win vs. old team | Arkansas Democrat Gazette

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Higginbottom key in win vs. old team | Arkansas Democrat Gazette


FAYETTEVILLE — Izzy Higginbottom sent a text message to her teammates on the University of Arkansas women’s basketball team Saturday night.

The note contained a list of things she felt the team needed to work on from its 94-71 loss Thursday night to Oral Roberts. First on the list was better energy.

Her message resonated.

Higginbottom played with passion and excelled against her former team as Arkansas found its defense in the second half to defeat Arkansas State 76-60 on Sunday afternoon at Walton Arena.

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“I personally knew how much this game meant to her,” Arkansas forward Jenna Lawrence said of Higginbottom. “Obviously, you want to beat the team that you’ve recently been on, so I just think she was really amped up — the most amped I’ve seen her for a game.

“I’m just really proud of how she performed and how she was a leader on and off the court.”

Higginbottom, a 5-7 transfer guard who played two seasons with the Red Wolves, filled the stat sheet with 15 points, a career-high 8 rebounds and 5 assists.

“When the other team shoots threes, they become speed rebounds,” Arkansas Coach Mike Neighbors said. “I thought she dug a bunch of those out, and then that got us going on transition, too. She was out in front of the break leading it, getting to the foul line and created a couple of good catch and shoot looks for (teammates).”

The Razorbacks (4-3) snapped a two-game losing streak and won their second game against an in-state opponent this year. Arkansas won 71-60 in overtime at Arkansas-Little Rock on Nov. 11.

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“It stinks to lose any day,” Neighbors said, “but especially if you get on a little bit of a streak, it’s easy to get (down). So, I thought it was important for us to stay above .500. You feel different when you win. I don’t know if we played any better yet. I’ll have to go home and watch, but I think we did.”

After giving up 38 points before halftime, the Razorbacks held the Red Wolves to 22 points on 8-of-36 (22%) shooting in the second half.

Arkansas State (2-3) went seven-plus minutes without a field goal between the third and fourth quarters. That stretch proved decisive as a 38-35 halftime deficit for Arkansas turned into a double-digit lead for most of the final quarter.

“We started getting all the 50-50 balls,” Neighbors said. “Before that, it was about (half). I think it was like 90-10 in that third quarter. The effort was much better. I thought our focus was a lot better.”

Arkansas State entered on a two-game win streak, which included a 100-96 victory at Arizona State. The Red Wolves fell to 3-9 all-time against the Razorbacks, last winning in the 2005 Women’s National Invitation Tournament.

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A fast-paced, back-and-forth first quarter saw two lead changes and runs of 6-0 and 5-0 that helped Arkansas State take a 23-19 lead into the second quarter. The Razorbacks committed six turnovers in the period that resulted in 10 points for the Red Wolves.

Arkansas took a 33-27 with 3:32 remaining in the first half before Arkansas State closed with an 11-2 run. Kennedie Montue beat the shot clock with a three-pointer to give Arkansas State a 38-35 lead just before halftime.

Fatigue appeared to play a factor in the first half, in which Arkansas was outscored 26-2 in bench points. Arkansas State Coach Destinee Rogers made mass substitutions throughout the game and had 10 players log minutes.

Arkansas forward Vera Ojenuwa, who put up a double-double with a game-high 20 points and 10 rebounds, scored 12 points before halftime.

The Razorbacks took a 39-38 lead early in the third quarter on a jumper by Kiki Smith, who finished with 15 points. The teams went back and forth for a while before Lawrence connected on her first three-pointer of the game to put Arkansas up for good at 46-43 with 4:01 remaining in the third. Lawrence finished with eight points and 10 rebounds.

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Arkansas State ran a full-court press for most of the game and Arkansas fared better against it as time went on. The Razorbacks found Ojenuwa alone under the basket on multiple press breaks.

“For two days straight, we worked on just breaking their press and making sure we see Vera wide open,” Lawrence said. “Because the way their press was, they put all of their players in front and left Vera wide open in the back.”

As the Razorbacks built their double-digit lead in the fourth quarter, Higginbottom drove past defenders for three fast-break layups.

Arkansas finished the game on a 12-4 run, including six unanswered, to close the door.

The Razorbacks shot 30 of 67 (45%), including 7 of 27 (26%) from three-point range, and 9 of 12 (75%) from the free-throw line.

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Arkansas State went 23 of 74 (31%), 9 of 35 (26%) and 5 of 7 (71%) in those categories, respectively.

Anna Griffin led the Red Wolves with 16 points and 8 rebounds, followed by Montue, who made 3 three-pointers and scored 13 points. Both Griffin and Montue played off the bench, while Wynter Rogers was Arkansas State’s highest-scoring starter with 8 points to go along with 8 rebounds and 4 blocks.

Arkansas State’s starters outside of Rogers — Crislyn Rose, Zyion Shannon, Kyanna Morgan and Shaunae Brown — combined to go 4 of 36 from the field and scored eight points. Bella Weary and Mimi McCollister provided 7 and 6 points, respectively, off the bench for the Red Wolves.

Arkansas won the rebound battle 48-42 and had a season-high 16 assists.

Six Razorbacks scored at least eight points: Ojenuwa (20), Higginbottom (15), Smith (15), Lawrence (8), Carly Keats (8) and Danika Galea (8). Karley Johnson and Lawrence led the Razorbacks with three steals apiece.

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