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A judge has thrown out a key part of Alaska’s homeschool system. Here’s what to know.

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A judge has thrown out a key part of Alaska’s homeschool system. Here’s what to know.


The Alaska State Capitol on March 25, 2024. (Eric Stone/Alaska Public Media)

A Superior Court judge in Anchorage has found a key benefit to families who choose certain types of homeschool violates the state Constitution. The ruling has to do with correspondence school allotments. Those are cash payments to families of homeschooled children meant to reimburse the cost of things like textbooks, services and even private school classes.

Here’s what to know.

What does this ruling say?

The ruling recaps the case so far and the laws at issue.

In January 2023, four parents of school-age children sued, challenging the constitutionality of a 2014 law “authorizing school districts with correspondence programs to provide an annual student allotment to a parent or guardian of a student enrolled in the correspondence study program for the purpose of meeting instructional expenses for the student.”

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The law allows families to purchase “nonsectarian services and materials” from public sources, like school districts, in addition to “private or religious organization(s).” The purchases have to be approved by the school district and abide by state standards, including by coming up with an Individual Learning Plan. The allotments can be up to $4,500 per student per school year.

Judge Adolf Zeman found that system unconstitutional. He found that it violates Article 7 of the Alaska Constitution, which says, in part, “No money shall be paid from public funds for the direct benefit of any religious or private educational institution.” Basically, the allotments are paid to parents, some of whom spend them on private school courses — and that’s unconstitutional, according to the ruling.

And the judge didn’t just invalidate spending on private or religious schools — he found that there was no way to narrow the law enough to be constitutional and tossed out the whole correspondence school allotment system. So providing allotments to buy textbooks, public school courses, activities — all of that is now invalidated, as is the law that lays out what an individual learning plan is.

“If the legislature believes these expenditures are necessary — then it is up to them to craft constitutional legislation to serve that purpose — that is not this Court’s role,” wrote Judge Zeman, who was appointed to the bench in 2020 by Gov. Mike Dunleavy.

How did this system come about?

Basically, the allotment system is an effort to give students and families more choices over their education.

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In the ruling, Zeman reaches back to legislative debate that began just over 11 years ago in 2013. Then-Sen. Mike Dunleavy sponsored the bill, and he pitched it to lawmakers alongside a constitutional amendment, appearing to acknowledge that the Alaska Constitution doesn’t allow public money to be spent on private school classes.

“A parent could decide, ‘I want my child to take a Latin course at Monroe Catholic.’ The teacher could agree to that in the ILP. Currently, we cannot do that under the state of, under the current constitutional language,” Dunleavy said in his initial presentation of Senate Bill 100. Language from that bill was later incorporated into House Bill 278, which passed into law in 2014.

Of course, correspondence learning and homeschool have a long history in Alaska. Prior to 2014, said Lon Garrison of the Association of Alaska School Boards, correspondence students would learn from curriculum provided by their local district or a statewide homeschool program.

That changed with the allotment program, Garrison said.

“It gave that opportunity for parents to really kind of determine what they wanted in terms of curricular material and instructional materials,” Garrison said.

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But what allotments were spent on changed over time, said Scott Kendall, an attorney representing the plaintiffs. Around 2020 or 2021, he said, private schools began promoting the idea of dual enrollment, essentially using the allotments for private school tuition.

“In fact, you would enroll in a private school, and they would enroll you in the correspondence program, and you would basically just submit your tuition bills as those were, in fact, expenses related to correspondence school, or homeschooling, and then you get paid back,” Kendall said.

Jodi Taylor, the wife of Alaska Attorney General Treg Taylor, wrote an op-ed in the Anchorage Daily News detailing exactly how parents could use the correspondence school program to pay for private school tuition. She used a private Catholic elementary school as an example.

A few months later, Treg Tayor issued an opinion saying that allotments could likely be spent constitutionally on private or religious school classes, but could likely not be used to pay for full-time enrollment in a private school.

Proponents, including Jodi Taylor in her op-ed, say the system gives families the choice to pursue the education they want for their children. Attorney Kirby West of the Institute for Justice, which argued in favor of the allotment program, said parents use their allotments for all manner of things.

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“Online courses through public universities is a really common one, to either supplement homeschooling curriculum, or just standalone enrollment in college courses from public universities. Many, many parents do use the allotment for tuition at private school,” West said, including her clients, who she said use it for tuition at a Catholic school in Anchorage.

What are people saying about the ruling?

Unsurprisingly, the plaintiffs say the judge’s ruling is sound. And the judge actually went further than Kendall asked. He asked them to invalidate spending on private or religious schools, and the judge said there’s no way to make the rest of the law constitutional and threw the whole program out.

Meanwhile, Attorney General Treg Taylor says the ruling is flawed.

“I don’t agree with the logic that he applied to the ruling,” Taylor said. “He made two statutes completely unconstitutional, which I think was unnecessary. And so I think he, his decision went overboard in what I think was within the law.”

He said the issue has his and Gov. Mike Dunleavy’s attention, and they’re seeking a stay and an appeal. He declined to say whether public money should be spent on private or religious schools.

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In a prepared statement, the head of the Department of Law’s Civil Division, Cori Mills, said the ruling is “very concerning.”

“This is a public school program for public school children. This could result in taking away important public education opportunities from Alaskan families. We are evaluating next options,” Mills said through a spokesperson.

Kirby West, the Institute for Justice attorney, says they also plan to appeal it to the Alaska Supreme Court. She said the allotments aren’t a “direct benefit” to a private or religious school described in the Constitution — they’re payments that parents can spend on all manner of things.

“If the state, for example, created a program that was giving a monthly allowance to people to purchase food, no one would think right that that is a direct benefit for Walmart, or Fred Meyer or another grocery store, because the state doesn’t know how people are going to spend their money,” West said. “They don’t know what they’re going to buy or where they’re going to buy it.”

Basically, the people getting the “direct benefit” are the parents — not private or religious schools.

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How are lawmakers reacting? 

Leaders in the state House and Senate say they’re considering their next steps. Kendall says the solution could be simple — because the constitutional issue has to do with private and religious schools, he said lawmakers could simply pass a bill that says allotments can’t be used at those kinds of schools.

And it’s early, but the ruling has policymakers’ attention. Speaker of the House Rep. Cathy Tilton, R-Wasilla, said her Republican-led majority caucus wants to address the issue.

“It will be a high priority,” she said. “We’ll be talking about it as a full caucus here in the next day or two to find our path forward.”

Meanwhile, Sen. Cathy Giessel, R-Anchorage, a self-described “veteran homeschool mom” who co-sponsored the allotments bill alongside Dunleavy, said the judge got it right.

“I actually think it was a really sound decision,” Giessel said. “When I realized last summer that promotional statements were being made about how to apply these allotments, that this had gone way beyond what I had pictured when the bill was on the floor in 2014.”

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And Rep. Justin Ruffridge, R-Soldotna, a co-chair of the House Education Committee, said the Legislature should act “this session, in my opinion.”

“I think there’s some concerns with how some of the funds were used, but overall, I support correspondence schools in the state,” Ruffridge said. “I think there should be allotments for those kids to be able to use and go to school with. so I think there needs to be some work done to make sure that that can continue.”

Asked whether he believes it’s appropriate for allotments to be spent on classes through private or religious schools, Ruffridge said flatly, “No.”

Rep. Dan Ortiz, I-Ketchikan, said the judge’s ruling is “an accurate interpretation” of the state Constitution and said he believes the House’s largely Democratic and independent minority caucus would support legislation that would make the program constitutional.

“I think we’re going to be supportive of trying to come up with a solution that works with the Constitution and that protects, continues to provide the opportunity for students to receive their schooling through correspondence,” Ortiz said.

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And Sen. Jesse Kiehl, D-Juneau, said he believed the Legislature could pass language fixing the constitutional issues with the allotment system alongside a broader, long-term school funding increase.

“I think any opportunity we can find to increase the (base student allocation), without compromising Alaska’s constitution or good education system, we should take,” Kiehl said. “I think that if there needs to be a bill, to keep a strong correspondence, homeschool support system, that’s another great opportunity to fix that problem while we fix the funding.”

So, while there seems to be broad agreement that the issue should be fixed, when and how to do so seems to be an open question.

What does this mean for parents and students, and what lies ahead?

Those are both very hard to answer at this point, but the changes are not expected to take effect this school year. The administration says there are about 24,000 students who could be affected by the ruling. Education Commissioner Deena Bishop said she plans to send a letter to school districts with more details of the road ahead, but she said the plan for now is to stay the course.

“I will be sending out a letter today to all school districts with some direction,” Bishop said. “At this point, we’d like them to continue to finish out the year as they’ve been working.”

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Kendall says the plaintiffs plan to seek a stay, putting the ruling on hold, until the end of the fiscal year in June in order not to disrupt the school year and allow time for an expedited appeal to the Alaska Supreme Court. The Institute for Justice is asking for a longer stay, according to a filing from Kendall, who said the plaintiffs will oppose the longer hold on the decision. The state also plans to appeal, the governor said in a social media post.

The appeal, though, could take a while — months or years.



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Alaska

Andrew Kurka is eyeing Paralympic gold. After, his Alaska bed and breakfast awaits

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Andrew Kurka is eyeing Paralympic gold. After, his Alaska bed and breakfast awaits


CORTINA D’AMPEZZO, Italy — Andrew Kurka spent his childhood roaming the outdoors of rural Alaska at his family’s homestead near Nikolaevsk, with 600 acres at his fingertips, sleeping inside only because he had to. But it was always fishing that was the lure.

Even as a 5-year-old, the now 34-year-old para Alpine gold medalist was resolute.

In those early years, his mom, Amy Bleakney, joined Kurka on the edge of a river for hours and hours as he searched for that one fish he was trying to catch. While temperatures might have dipped and time dragged on, there was no stopping Kurka and his child-sized fishing pole.

“‘We can come back,’” Bleakney would try to tell her son. “‘The fish is still going to be here tomorrow.’ He’s like, ‘No, I got to get it.’”

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Bleakney would sit in the truck and watch her son.

“We didn’t leave until he caught his fish,” Bleakney said.

Thirty years later, Kurka still feels the pull of the water and Alaska. It’s been his home and the place that holds the next chapter of his life as he plans to step back from ski racing following the 2026 Milan Cortina Winter Paralympics. Shaped by the nature around him, he’ll be looking to help others find that sense of purpose with his next steps.

Just as he found his.

When Kurka was 13, he severely damaged three vertebrae in the middle of his spinal cord in an ATV accident. About three months after his accident, a family friend got him back in a boat and out on the water to go fishing. Kurka was in a back brace and still in excruciating pain, so the pair didn’t spend much time out. But that hour or so in the middle of nowhere was all Kurka needed.

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“It was something that I wanted and something that I needed in my life, and he was able to help me get that, and then the moment that happens, he helped me set a new goal for myself: to be able to pursue being better,” Kurka said. “‘Hey, I want to do that, but on my own.’ You know?”

Two years later, he tried a different elevation of the outdoors — down the slopes on a mono-ski for the first time through a program called Challenge Alaska, thanks to the encouragement of his physical therapist. Kurka crashed at the bottom, going straight down.

Those who helped Kurka suggested he try turning on his next go-around. Instead, Kurka again went straight down.

“The moment that I slid down that mountain, the moment I felt that speed, I felt so alive,” Kurka said. “I remembered, ‘Hey, I can live. This is life. I can do things.’”

On a chairlift ride back up, his instructor predicted his future, telling him, “You’d be a pretty good racer. You don’t seem to be afraid.” Kurka learned about the Paralympics. For a lifelong athlete who wanted to go to the Olympics as a wrestler, the conversation renewed Kurka’s desire for “being the best.”

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Kurka first qualified for the U.S. Paralympic team in 2014. But he didn’t compete after crashing in training. He made his Team USA debut in 2018, winning two medals (a gold in downhill and silver in super-G). He became the first-ever Alaskan Paralympic medalist. He is scheduled to compete this week in the super-G (Monday), combined (Tuesday) and giant slalom (Thursday).

Andrew Kurka celebrates with his silver medal from the super-G at the 2018 Paralympics. He also won gold in the downhill that year. (Lintao Zhang / Getty Images)

But with Kurka, there’s always something else brewing. And he knew his athletic career could set up his future. Not long after Kurka won his gold medal, Kurka started chatting to his now wife, Verónica, after the two met online. Kurka couldn’t stop talking about the property he had just found, telling her it was perfect.

“I was like, ‘OK, what’s your favorite color or something?’” Verónica Kurka says now with a laugh. “But he really, really wanted to talk about this project.”

Always a dream of his, he used his earnings to buy property and build cabins, looking to set up a retirement plan for himself. By the time Verónica visited Alaska some time later, Kurka was already living in one of the cabins. But in the process, after the 2018 Games, he realized he wanted it to be something more than just a build-and-sell investment.

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Soon after, some of his friends came up to visit. So did someone whom Kurka barely knew, but he invited him up to Alaska on a challenge anyway.

When Derek Demun posted a photo of a personal-best-sized halibut he caught in his home area of Southern California, Kurka saw it on a mutually followed Instagram account connecting impaired outdoorsmen in the United States. Not long after, Demun received a direct message from Kurka that read along the lines of, “Oh, that’s your personal best. Why don’t you come up to Alaska and beat it?”

Kurka told him about his wheelchair-accessible bed and breakfast, the Golden Standard, and his backstory as a para athlete. The two chatted on the phone, and Demun checked him out to make sure he was a real person. A week later, Demun had tickets to Alaska for a trip that summer of 2020 with his dad and friend. Kurka picked them up in Anchorage, and the adventure was on as they drove to the property near Palmer, about 45 miles from Anchorage.

They spent the days exploring the scenery and taking in the moose that would frequently appear as roadblocks. Evenings were spent around a firepit. And there were two fishing excursions on Kurka’s boat, when they headed out to open water, a nearly 2 1/2-hour trek.

“I have no idea where we’re at,” Demun said. “It’s raining, it’s cloudy. We’re rocking with the waves. I’m like, ‘Dude, we’re in Alaska. I’m fishing for halibut. I’m going to die out here. No one is going to know. I feel like I’m on a TV show.’

“But he held by his word. I was able to go and catch the biggest halibut I’ve ever caught in my life.”

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Since that trip, Demun has gone back to Alaska nearly every summer. The adventures have continued with airplane tours — Kurka has a sport pilot license and a plane is next on his to-do list — Jet Ski rides up to glaciers and plenty more fishing.

“When people think of Alaska, they think of igloos and polar bears and lots and lots of snow and just unaccessible terrain,” Demun said. “And me and Andrew, we have a little saying, like, complacency kills and comfort kills.”

Derek Demun

Derek Demun (pictured) took Andrew Kurka up on his offer to visit Alaska. “He held by his word,” Demun said. “I was able to go and catch the biggest halibut I’ve ever caught in my life.” (Courtesy of Derek Demun)

As the years have passed between visits, the number of cabins on the property has grown, and Kurka has found his purpose.

“There was that sense of peace, that sense of freedom and that sense of fun that they got on the ocean has stayed with them forever,” Kurka said. “Nature was what helped me to recover from my injury. You know that peacefulness that helped me to recover from my injury, and I want other people to experience that also to help them recover from their injury. And it’s really easy for me to provide that.”

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It’s the time with family and building out his next plans for the Golden Standard that has Kurka looking forward to stepping back from ski racing. But Kurka won’t be slowing down. He’ll just be spending more time in Alaska compared with the extensive travel that comes with being on the circuit. There’s a bike-trail trip in Japan with Verónica in the works, and he wants to spend time forging knives. He’s working with a nonprofit mentoring young athletes. For the Golden Standard, he plans on getting his commercial pilot license to become a flight instructor for others with impairments, along with providing fly-in fishing and hunting trips.

But beyond the occasional trips out, he doesn’t want to turn fishing into an extended job, as the water remains a sacred place for him.

“From my childhood, there’s been that outdoor sense of nature that has grabbed ahold of me,” Kurka said. “For me, nature and adventure is true freedom, because you stop worrying about everything else in life that doesn’t really matter. And that’s the piece of me that finds peace, and that’s what I search for. And I find bits and pieces of that inner peace while I’m competing. Because when I’m on the course and when I’m pushing out of the start gate, nothing else matters but that next one minute and 30 seconds worth of life-changing moments and dangerous speeds.

“But nothing about it compares to when I’m on the ocean in Alaska. … That’s the piece of me that I love and the piece of me that will always be in Alaska.”





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Elim resident dies, child injured in snowmachine collision

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Elim resident dies, child injured in snowmachine collision


A 55-year-old Elim resident died in a snowmachine collision Friday night, Alaska State Troopers said.

The accident, which occurred in the Norton Sound village of fewer than 400 residents, was reported to the agency just before 11 p.m. Friday, troopers said in an online statement. The report indicated that Anna Aukon “was riding in a sled down a road when she was struck by a snowmachine also traveling on the road,” troopers said. Life-saving measures were administered but were unsuccessful, according to troopers.

A young child also sustained injuries in the collision and was medevaced from Elim, troopers said.

Aukon’s next of kin was at the scene, according to troopers, and her body was being taken to the State Medical Examiner Office.

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Nome troopers responded to Elim on Saturday to investigate the collision, the agency said.





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Opinion: Alaska must speak with one voice about the future of a natural gas pipeline

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Opinion: Alaska must speak with one voice about the future of a natural gas pipeline


The setting sun casts a warm glow on the Chugach Mountains beyond the Anchorage skyline and Cook Inlet. (Bill Roth / ADN)

“North to the Future” wasn’t just a motto in my family. It was a lived experience.

My grandfather came to Alaska in 1948 as a Local 302 heavy equipment operator. He helped build roads and airports across this state and ultimately worked on the trans-Alaska pipeline. He came north because Alaska was rising.

Back then, the spirit of this state was dynamic and confident. When opportunity appeared, we seized it. We were growing. Our infrastructure expanded and our young people stayed. Alaska believed in its future.

Today, Washington, D.C., and Wall Street are watching us again. They’re not just studying engineering plans for the Alaska LNG project. They’re listening for something deeper: Does Alaska still believe in itself? Does Alaska truly want this project?

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If our message is confused, if we hedge, undercut or politicize this moment, the answer they will hear is “no.” And once that perception hardens, capital and federal focus will move elsewhere.

Energy security is not optional. Southcentral utilities have made it clear that we lack sufficient long-term, firm gas commitments beyond the near horizon. Without a durable solution, Alaska, sitting atop one of the largest untapped gas resources in North America, could soon be importing natural gas to heat homes and power businesses.

Importing energy in a resource-rich state is not resilience. It is vulnerability. Renewables absolutely have a role in Alaska’s future. So does hydro. So does coal. Alaska should be all-in on energy. We are one of the most resource-endowed places on Earth. There is no reason to think small.

Exporting North Slope gas does not displace our need to develop in-state hydro, responsible coal, wind, solar and emerging technologies. It complements them.

Let’s export the gas the world needs and reserve the gas Alaskans require for reliability.

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And let’s continue diversifying our in-state portfolio to power industry and strengthen resilience. Energy abundance is not a contradiction. It is a strategy.

AKLNG is not simply an export project. It is an energy security project for Alaska and a strategic energy project for America. The economic upside is significant. The Alaska Gasline Development Corp. projects that AKLNG could generate roughly $600 million per year in total state revenues once operational — royalties, production taxes and related activity. That is a baseline estimate. If Alaska participates as a co-investor, long-term revenue potential increases substantially.

Talk about a revenue generator. At a time when policymakers debate new taxes on industry and even on individual Alaskans just to balance the books, we are staring at a project capable of producing hundreds of millions annually while strengthening energy security. That should be a no-brainer.

Meanwhile, our oil and gas industry is doing extraordinary work revitalizing North Slope production. Projects like Willow and Pikka are restoring throughput and revenue. The private sector is demonstrating confidence in Alaska’s future. The question is whether we will match that confidence.

For too long, we have allowed doubt and policy paralysis to define the conversation. We debate. We delay. We send mixed signals. Investors can model engineering risk and regulatory timelines. What they cannot model is political incoherence.

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From the perspective of Washington and Wall Street, confusing or contradictory signals from Alaska’s elected leadership are more destabilizing than permitting hurdles. No financier commits billions into a jurisdiction that sounds ambivalent. No federal partner prioritizes a state that publicly undercuts itself.

We built the trans-Alaska pipeline because we believed in Alaska’s future more than we feared obstacles. That generation understood something simple: When opportunity arrives, you seize it. AKLNG is such a moment. The gas is here. The markets are real. Federal alignment is strong. Our broader energy portfolio is vast. Our workforce is capable.

Alaska has always been a powerhouse of people and resources. If we want energy security, we must say so clearly. If we want diversified energy, we must pursue it boldly. If we want growth, we must demonstrate confidence. Washington is listening. Wall Street is listening. The next generation is listening.

Let’s show them that Alaska still knows how to seize the moment — and rise.

Rep. Chuck Kopp currently serves as the Majority Leader in the Alaska House of Representatives and represents District 10.

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