Arkansas
Federal judge schedules hearing in Arkansas LEARNS lawsuit • Arkansas Advocate
A federal judge on Wednesday a preliminary injunction hearing for April 30 in a case challenging the constitutionality of a portion of the LEARNS Act that bans “indoctrination” in public schools.
Little Rock Central High School parents, students and a teacher involved in an AP African American Studies pilot course that received scrutiny for potentially violating the “indoctrination” ban, filed the lawsuit in late March against Gov. Sarah Huckabee Sanders and Education Secretary Jacob Oliva.
In Wednesday’s order, U.S. District Judge Lee Rudofsky said he granted in part and denied in part the plaintiffs’ request for an “expedited briefing and consideration.” He denied part of the request because plaintiffs could have filed their complaint and preliminary injunction months ago, he wrote.
“Defendants should not be short-changed on the two weeks provided by the Local Rules to develop their responsive arguments just because Plaintiffs chose not to file for those many months,” Rudofsky wrote.
Attorney General Tim Griffin argued in a motion filed on Tuesday that the plaintiffs’ request for expedited treatment should be denied because they put off filing the case and delayed seeking preliminary injunctive relief for more than a year.
The LEARNS Act was signed into law last March and went into effect immediately due to its emergency clause. The law, which was a priority for Sanders, makes several changes to the state’s education system, including increasing the state’s minimum teacher salary to $50,000 and creating a school voucher program.
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“Only three weeks ago did Plaintiffs finally file suit, but even then, they continued to sit idle,” Griffin said. “Indeed, far from immediately seeking emergency relief, they waited weeks to file a new complaint and then only made it around to filing their preliminary-injunction motion just before midnight on April 12. Plaintiffs’ actions undermine their second request that the Court ‘expedite briefing and consideration.’”
Griffin said “because plaintiffs’ motion presents legal issues identical to those that would be resolved on a motion to dismiss,” the court should conserve resources by setting the defendants’ deadline for both responses no earlier than May 6.
In Wednesday’s order, Rudofsky partly agreed with Griffin, saying “avoiding the inefficiency discussed above is good cause to extend the deadline” for the defendants’ responses until seven days after the court decides the preliminary injunction request.
He gave Griffin until April 26 to respond to the preliminary injunction motion and plaintiffs until April 29 to respond. He set the preliminary injunction hearing for 3 p.m., April 30.
Background
On March 25, civil rights attorneys Mike Laux and Austin Porter Jr. filed the lawsuit in the U.S. District Court for the Eastern District of Arkansas on behalf of three Little Rock Central High students, their parents and AP African American Studies teacher Ruthie Walls.
The suit stems from an AP African American Studies course being piloted in six Arkansas schools, including Central High, that received scrutiny after Sanders signed an executive order banning “indoctrination” on her first day in office. Similar language was later incorporated into the LEARNS Act.
The state education department abruptly removed the advanced placement course from its list of approved courses days before the start of the 2023-2024 school year last August. Although students were allowed to continue taking the course, it would not count toward graduation credit.
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According to a statement issued by the Laux Law Group, Section 16 of the LEARNS Act, which bans “indoctrination,” is “a brazen, political attempt to silence speech and expression” that the governor and education secretary disagree with.
“The LEARNS Act violates the First and Fourteenth Amendments to the U.S. Constitution,” the statement reads. “It is unworkably vague and oppressive, and it discriminates on the basis of race. Section 16 is just another front in the culture war being waged by right-wing ideologues.”
Plaintiffs filed a motion for preliminary injunction and a request for expedited briefing and consideration on April 12.
An amended complaint also filed on April 12 removed an unnamed parent and student as plaintiffs and added the Arkansas State Conference of the NAACP and high school debate teacher, Colton Gilbert.
Members of the Arkansas State Board of Education were added as defendants, joining Sanders and Oliva.
The amended complaint argues the portion of the law banning “indoctrination” should be void for vagueness, contains content and viewpoint-based discrimination and discriminates on the basis of race.
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Arkansas
Oklahoma Responds Well But Collapses Late to Drop Series With Arkansas
Oklahoma put their best foot forward in the second game of their three-game series against No. 17 Arkansas. A great effort was undone by a late eighth inning collapse.
After getting run ruled in the first game on Friday, OU responded with gritty play but fell 12-8 in a loss to Arkansas, dropping the series. The No. 24 Sooners gave their best effort from the mound and the plate, but couldn’t overcome mistakes.
Cameron Johnson had a day he’d like to forget. Only 2.1 innings of play with three strike outs and four runs off two hits. Despite the lackadaisical play from the mound, OU was able to rebound with hitting and pitching from the bullpen.
Deiten LaChance got things rolling with a single shot in the first inning with two outs. The momentum was short lived as the Razorbacks came to life at the plate.
A single home run and a two-run home run took the lead back for the home team in the second inning. Johnson lost a bit of control from the mound and Arkansas took advantage.
Oklahoma was able to regain control in the third when Camden Johnson grounded out with one out, but Connor Larkin was able to score to cut the Razorback lead at 3-2. OU would have a runner at third but Jaxon Willits flied out to center field to end the Sooners’ chances at tying the game.
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Oklahoma continued to fight despite Arkansas taking advantage of Sooner mistakes.
A fielder’s choice in the third inning increased the Razorback lead to 4-2 — but OU would answer in the fourth.
Dasan Harris hit a solo home run in the fourth with nobody on and two outs, the second time the Sooners were able to salvage a situation with a run. The inning ended shortly thereafter, denying OU the chance to tie.
Another fielder’s choice resulted in a Razorback run to round out the fourth inning. At 5-3, it seemed like anything Oklahoma would do, Arkansas would answer right back.
OU was able to navigate out of a sticky situation in the fifth with runners in scoring position. Xander Mercurius and Kadyn Leon were able to strike out two Razorback betters to keep the score at 5-3.
But just when it seemed like things were going the way of the home team, Kyle Branch — one of the more clutch player in the lineup — hit a two-run homer in the sixth, scoring Harris to tie the game at five a piece.
It was LaChance again in the seventh inning, this time a double into right center — Johnson and Jason Walk scored to put the Sooners ahead for good. At 7-5, OU had the wind at their backs.
Harris had it going once againt to give the Sooners insurance in the eighth. Heading to the plate to lead off, Harris hammered a solo shot into right field to increase the lead to 8-5 in favor of Oklahoma. From there, OU went 1-2-3, but the damage was done.
Kuhio Aloy was able to cut into the Sooner lead in the bottom of the eighth with an error on Willits, scoring a Razorback runner.
Arkansas wasn’t done. Two back-to-back RBIs tied the game at eight a piece. Seven hits, six runs in total in the eighth doomed Oklahoma.
Oklahoma and Arkansas will meet for the third game tomorrow at 1:00 p.m.
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Arkansas
Arkansas TV’s CEO discusses funding surge to possibly keep PBS
CONWAY, Ark. – Three months after Friends of Arkansas PBS formed to try to preserve PBS programming in the Natural State, it now looks like a legitimate possibility. After a whirlwind few months, Carlton Wing, CEO & Executive Director of Arkansas TV, is ready for any outcome.
Wing, since taking over the role around six months ago, has spearheaded a rebrand and the disaffiliation from PBS, which was set to take place at the end of June.
The dues cost Arkansas TV $2.5 million a year, and with that cost, they felt they couldn’t stay afloat after federal funding cuts, while retaining PBS programming.
In turn, they became the first state to say they’d end the partnership.
“Whatever politics happened, happened way above us in Washington D.C., we have to deal with the financial realities of how we keep public television alive,” Wing said.
He said they immediately entered into emergency budgeting, attempting to get the network out of the red. A grim financial outlook at the time from his perspective.
“The financial realities are there, and we have to deal with that financial reality regardless of one of our providers of public television content,” Wing said.
When the announcement gained traction, a group, spearheaded by former first ladies of Arkansas Barbara Pryor and Gay White, formed to try and keep PBS alive.
“We recognize that there’s a lot of emotions tied to anything that we like,” Wing said.
Friends of Arkansas PBS gained enough eyeballs to bring top PBS executives, including CEO Paula Kerger, to the state.
“Well, you have to understand what they’re doing when they come is they’re trying to protect that paycheck that has come from Arkansas for decades now,” Wing said.
The momentum was enough to get the Arkansas Public Television Commission to vote to pause the disaffiliation until their next quarterly meeting, creating a window for funds to be raised in the meantime.
Since a pledge of $1 million a year for the next three years coming from an anonymous donor, along with the Arkansas TV Foundation creating a separate dues fund, that’s allowed them to commit to $1.5 million a year as well over the next three.
While Wing has helped the station plan to increase local programming from 5% to 30%, that won’t change, but things may have to be arranged now that they’re closing in on the funds needed to retain PBS.
“People recognized this is a very real situation and stepped up to be able to make that happen. We’re not quite there yet, but everything is heading in the right direction. There’s still money that needs to be raised,” Wing said.
He has maintained his stance throughout, while conversations may be political above him, this decision is strictly fiscal on his and the station’s end.
“I have said many times that people have tried to make this a red vs blue issue. It’s all about green and about whether you operate in the black or red,” Wing said.
Wing has said that despite being painted as his opposition, his relationship with Pryor and White is far from that.
“My wife and I went and had lunch with them just a couple of weeks ago, and they’re so excited to be involved with a cause,” Wing said.
He was also adamant that he doesn’t have some form of vendetta against PBS; in fact, it’s played a pivotal role in helping his own daughter, who’s set to graduate with an MBA from the University of Chicago soon.
“PBS played a very vital role in her enthusiastically learning how to read. Yes we absolutely want that, we just have to be able to afford it because I can’t jeopardize the whole network to be able to pay for one provider of public television,” Wing said.
Still, the commission would need to vote to approve resuming the partnership, a vote that would be held at the next quarterly meeting on June 4th.
“I’m hesitant to predict because I don’t know what’s going to happen between now and that meeting,” Wing said on the vote.
Arkansas
Arkansas’ upcoming Medicaid work requirement will avoid mistakes of 2018 version, official says | Northwest Arkansas Democrat-Gazette
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