Alaska

Alaska Supreme Court weighs whether correspondence education lawsuit wrongly targeted state • Alaska Beacon

Published

2 years ago

June 27, 2024

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

Marten visits are a glimpse into mystery

Published

12 hours ago

March 1, 2026

Press Room

Marten visits are a glimpse into mystery

A trapper fresh out of the Cosna River country in Interior Alaska said he can’t believe how many martens he had caught in a small area so far this winter.

Friends are talking about the house-cat size creatures visiting their wood piles and porches. Could this be a boom in the number of these handsome woodland creatures?

Since the late 1970s, the University of Alaska Fairbanks’ Geophysical Institute has provided this column free in cooperation with the UAF research community. Ned Rozell is a science writer for the Geophysical Institute. Portions of this story appeared in 2000.

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Alaska

Alaska Sports Scoreboard: Feb. 28, 2026

Published

24 hours ago

March 1, 2026

Press Room

High school

Basketball

Girls

Monday

Kenai Central 63, Nikiski 33

Colony 68, Grace Christian 46

Tuesday

South 33, East 22

Service 62, Dimond 47

Redington 47, Houston 17

Wasilla 60, Mountain City Christian Academy 44

Kenai Central 54, Homer 27

Bartlett 53, Chugiak 29

Mt. Edgecumbe 59, Sitka 50

Wednesday

Shishmaref 82, Aniguiin 34

Shaktoolik 73, Anthony Andrews 25

Savoonga 61, White Mountain 56

Glennallen 68, Nenana 26

Seward 72, Houston 8

Service 65, South 26

Brevig Mission 65, Koyuk Malimiut 47

Chief Ivan Blunka 67, Manokotak 30

Thursday

White Mountain 76, Anthony Andrews 50

Hoonah 44, Skagway 21

Koyuk Malimiut 53, Aniguiin 51

Nunamiut 74, Kali 17

Glennallen 25, Delta 20

Birchwood Christian 42, Nanwalek 24

Ninilchik 33, Lumen Christi 30

Dimond 59, Chugiak 54

Shaktoolik 57, Savoonga 24

Colony 43, Mountain City Christian 41

Alak 67, Meade River 66

Lathrop 42, West Valley 34

Seward 78, Nikiski 32

Grace Christian 56, Soldotna 41

Kenai Central 56, Houston 10

Wasilla 72, Palmer 27

Bristol Bay 55, Chief Ivan Blunka 30

Nome-Beltz 33, Bethel 24

Scammon Bay 46, Ignatius Beans 28

Aniak 83, Akiachak 45

Shishmaref 53, Brevig Mission 51

Metlakatla 64, Haines 21

Friday

Chief Ivan Blunka 68, Togiak 38

Meade River 80, Nuiqsut Trapper 34

Nunamiut 68, Alak 50

Cook Inlet Academy 33, Birchwood Christian 32

Meade River 71, Kali 46

Kalskag 62, Akiachak 47

Hoonah 39, Kake 37

Soldotna 36, Palmer 23

Delta 54, Valdez 45

Unalakleet 61, Chevak 45

Minto 46, Hutchison 26

West 71, Bartlett 65

Seward 63, Homer 19

North Pole 61, West Valley 25

Newhalen 78, Chief Ivan Blunka 40

Birchwood Christian 43, Nanwalek 28

Bethel 42, Nome-Beltz 35

Aniak 65, Tuluksak 50

Scammon Bay 49, St. Mary’s 38

Monroe Catholic 84, Galena 42

Ketchikan 57, Redington 24

Meade River 69, Alak 62

Fort Yukon 60, Jimmy Huntington 19

Grace Christian 50, Kenai Central 45

Shaktoolik 44, Shishmaref 34

Wrangell 44, Petersburg 31

Saturday

Unalakleet 41, Chevak 37

Meade River 54, Nunamiut 51

Monroe Catholic 68, Galena 32

Newhalen 32, Bristol Bay 26

Cook Inlet Academy 65, Birchwood Christian 32

Soldotna 55, Palmer 42

Nunamiut 48, Meade River 46

Boys

Sunday

SISD 51, Yakutat 18

Monday

Eagle River 54, Birchwood Christian 52

Colony 69, Grace Christian 64

Kenai Central 68, Nikiski 30

Tuesday

Susitna Valley 48, Lumen Christi 46

Dimond 54, Service 47

South 50, East 46

Houston 53, Redington 40

Wasilla 63, Mountain City Christian Academy 50

Kenai Central 74, Homer 47

Chugiak 66, Bartlett 45

Wednesday

SISD 59, Yakutat 17

Shishmaref 85, Savoonga 45

Hydaburg 58, Hoonah 51

Shaktoolik 103, Martin L Olson 49

Skagway 68, Gustavus 24

Davis-Romoth 108, Kobuk 31

Klawock 68, SISD 27

Glennallen 61, Nenana 57

Gambell 46, James C Isabell 31

South 63, Service 60

Seward 81, Houston 73

Bristol Bay 80, Chief Ivan Blunka 61

Mt. Edgecumbe 68, Sitka 59

Scammon Bay 79, Ignatius Beans 34

Brevig Mission 73, Aniguiin 67

Thursday

Savoonga 69, James C Isabell 61

Hoonah 64, Yakutat 45

Alak 88, Meade River 38

Shaktoolik 110, Brevig Mission 30

Chief Ivan Blunka 62, Tanalian 39

Nunamiut 66, Kali 48

Davis-Romoth 91, Buckland 45

Ninilchik 83, Lumen Christi 38

Monroe Catholic 43, North Pole 42

King Cove 57, Bristol Bay 41

Metlakatla 52, Haines 46

Nome-Beltz 62, Bethel 45

Skagway 79, Angoon 30

Birchwood Christian 69, Nanwalek 63

Dimond 60, Chugiak 57

Colony 75, Mountain City Christian Academy 49

Wasilla 66, Palmer 40

Klawock 63, Hydaburg 49

Shishmaref 58, Gambell 47

Grace Christian 63, Soldotna 52

Seward 66, Nikiski 51

Kenai Central 61, Houston 48

Nuiqsut Trapper 64, Alak 51

West Valley 51, Lathrop 44

Akiachak 83, Akiak 64

Scammon Bay 62, Marshall 54

Friday

Hoonah 71, SISD 38

Hydaburg 61, Kake 50

Chief Ivan Blunka 73, Bristol Bay 68

Kali 63, Meade River 45

Nunamiut 80, Nuiqsut Trapper 62

Service 58, East 50

Angoon 61, Hoonah 56

Cook Inlet Academy 73, Birchwood Christian 34

King Cove 75, Newhalen 39

Petersburg 53, Wrangell 20

Skagway 46, Klawock 43

Metlakatla 50, Haines 42

Nome-Beltz 71, Bethel 43

Juneau-Douglas 67, Tri-Valley 45

Wasilla 73, Chugiak 43

West 83, Bartlett 36

Colony 73, Kodiak 32

Delta 62, Valdez 54

West Valley 72, North Pole 46

Palmer 57, Soldotna 47

Nenana 55, Cordova 53

Chief Ivan Blunka 63, Manokotak 48

Scammon Bay 67, St. Mary’s 54

Unalakleet 87, Chevak 64

Shaktoolik 73, Shishmaref 54

Saturday

Unalakleet 95, Chevak 44

Cook Inlet Academy 95, Birchwood Christian 50

South 73, Eagle River 35

Palmer 45, Soldotna 40

• • •

College

Hockey

Friday

UAF 2, UAA 0

Saturday

UAA vs. UAF (Late)

• • •

Women’s basketball

Thursday

UAA 79, Western Oregon 58

Saint Martin’s 99, UAF 59

Saturday

Western Oregon 73, UAF 58

UAA vs. Saint Martin’s (Late)

• • •

Men’s basketball

Thursday

Saint Martin’s 77, UAF 65

UAA 80, Western Oregon 59

Saturday

UAF 82, Western Oregon 74

UAA vs. Saint Martin’s (Late)

• • •

NAHL

Friday

Anchorage Wolverines 5, Chippewa Steel 4

Saturday

Anchorage Wolverines vs. Chippewa Steel (Late)

• • •

2026 Fur Rondy Frostbite Footrace

5K Women

1. Courtney Spann, Anchorage, AK 26:05; 2. Racheal Kerr, Alakanuk, AK 26:07; 3. Anne-Marie Meyer, Yakima, WA 27:06; 4. Riann Anderson, Anchorage, AK 27:09; 5. Nevaeh Dunlap, Anchorage, AK 27:47; 6. Rita McKenzie, Anchorage, AK 27:55; 7. Marta Burke, Anchorage, AK 28:08; 8. Rachel Penney, Eagle River, AK 29:24; 9. Victoria Grant, Eagle River, AK 29:33; 10. Gretchen Klein, Craig, AK 29:36; 11. Penny Wasem, Willow, AK 29:42; 12. Chantel Van Tress, JBER, AK 29:51; 13. Janet Johnston, Anchorage, AK 30:18; 14. Dianna Clemetson, Anchorage, AK 31:33; 15. Sarah Hoepfner, Anchorage, AK 32:02; 16. Ireland Hicks, Seward, AK 33:21; 17. Lilly Schoonover, Seward, AK 33:21; 18. Suzanne Smerjac, Anchorage, AK 33:32; 19. Mindy Perdue, Wasilla, AK 34:12; 20. Oxana Bystrova, Anchorage, AK 34:23; 21. Charlene Canino, Anchorage, AK 34:49; 22. Tami Todd, Wasilla, AK 34:50; 23. Kaiena Tuiloma, Anchorage, AK 34:57; 24. Meg Kurtagh, Anchorage, AK 35:05; 25. Larue Groves, Chugiak, AK 35:13; 26. Rose Van Hemert, Anchorage, AK 36:12; 27. Morgan Daniels, Crestview, FL 36:25; 28. Elle Kauppi, Anchorage, AK 37:31; 29. Miranda Gibson, Wasilla, AK 37:46; 30. Caroline Secoy, JBER, AK 37:46; 31. Jordyn McNeil, Palmer, AK 38:29; 32. Ryan Plant, Palmer, AK 38:30; 33. Samantha Williams, Anchorage, AK 39:00; 34. Wendy Heck, Willow, AK 39:33; 35. Stephanie Kesler, Anchorage, AK 43:29; 36. Denise Wright, Anchorage, AK 43:50; 37. Brie Flores, Anchorage, AK 46:14; 38. Anabell Lewis, Anchorage, AK 46:15; 39. Jessica Lose, Anchorage, AK 46:18; 40. Kaylie Bylsma, Anchorage, AK 46:18; 41. Alicyn Giannakos, Anchorage, AK 46:38; 42. Natasha Henderson, Anchorage, AK 46:39; 43. Shannon Thompson, Anchorage, AK 48:40; 44. Heather Holcomb, Palmer, AK 48:40; 45. Debora Milligan, Iron Mountain, MI 57:36; 46. Rondy McKee, Puerto Vallarta, Jalisco, Mexico, 57:37

5K Men

1. James Miller, Anchorage, AK 18:28; 2. Barefoot Bogey, Woburn, MA 18:37; 3. Keaden Dunlap, Anchorage, AK 19:22; 4. Maximus Tagle-Martinez, JBER, AK 20:03; 5. Gavin Hanks, Eagle River, AK 20:59; 6. Patrick McAnally, Anchorage, AK 21:37; 7. Anthony Gomez, Anchorage, AK 22:37; 8. Christopher Hilliard, JBER, AK 23:20; 9. Terry Schimon, University Place, WA 23:37; 10. Ryan Moldenhauer, Anchorage, AK 24:12; 11. Matthew Haney, Anchorage, AK 24:24; 12. Dan Burke, Anchorage, AK 25:44; 13. Paul Chandanabhumma, Seattle, WA 25:52; 14. Woods Miller, Wasilla, AK 26:51; 15. Bill Grether, Anchorage, AK 27:10; 16. Charles Simmons, Anchorage, AK 27:15; 17. Jacob Cassianni, Anchorage, AK 27:32; 18. John Brewer, Anchorage, AK 28:09; 19. Dustin Whitcomb, Eagle River, AK 28:14; 20. Greg MacDonald, Anchorage, AK 28:28; 21. Kevin Redmond, Anchorage, AK 28:38; 22. Olin Jensen, Anchorage, AK 28:45; 23. Michael Loughlin, Anchorage, AK 29:18; 24. Daryl Schaffer, Anchorage, AK 30:30; 25. Aaron Paul, Anchorage, AK 30:37; 26. Mark Ireland, Anchorage, AK 30:37; 27. Christopher Pineda, Eagle River, AK 30:39; 28. Eric Jostsons, Anchorage, AK 31:07; 29. Justin Fitzgerald, Anchorage, AK 31:36; 30. Steve Lambert, Anchorage, AK 32:09; 31. Justin Atteberry, Anchorage, AK 32:21; 32. Matthew Beardsley, Anchorage, AK 34:07; 33. Caleb Penney, Eagle River, AK 34:21; 34. Evgenii Ivanov, Anchorage, AK 34:22; 35. Eliezer Rivera, Anchorage, AK 35:12; 36. David Massey, Anchorage, AK 35:38; 37. Zachary Todd, Wasilla, AK 35:39; 38. Ed Hills, Anchorage, AK 36:52; 39. Chucky Williams, Anchorage, AK 36:54; 40. Rick Taylor, Wasilla, AK 39:32; 41. Steven Shamburek, Anchorage, AK 43:48; 42. Dave Jones, Anchorage, AK 46:46; 43. Tom Meacham, Anchorage, AK 46:47; 44. Russell Martin, Ventura, CA 47:34; 45. David Martin, Ventura, CA 47:45; 46. Zachary Lounsberry, Palmer, AK 48:41

2.5K Women

1. Kelsey Kramer, Wilmington, NC 13:50; 2. Alannah Dunlap, Anchorage, AK 15:09; 3. Kelsea Johnson, Anchorage, AK 15:45; 4. Kirsten Kling, Anchorage, AK 16:05; 5. Miriam Hayes, Anchorage, AK 16:55; 6. Brianna Slayback, Anchorage, AK 17:04; 7. Haley Hoffman, Alexandria, VA 18:01; 8. Kathryn Hoke, Anchorage, AK 18:32; 9. Rachel Stein, Palmer, AK 18:51; 10. Shayla Harrison, Anchorage, AK 19:29; 11. Danielle Harrison, Anchorage, AK 19:30; 12. Nikki Withers, Tacoma, WA 19:32; 13. Michele Robuck, Anchorage, AK 20:20; 14. Jess Adams, Anchorage, AK 20:20; 15. Ashley Martinez, Miami, FL 20:24; 16. Laura Casanover, Houston, TX 20:31; 17. Adylaine Hacker, Eagle River, AK 21:59; 18. Mary Stutzman, Tallahassee, FL 22:59; 19. Jean Bielawski, Anchorage, AK 23:24; 20. Cheryl Parmelee, Mount Dora, FL 25:45; 21. Ruth Anderson, Anchorage, AK 26:56; 22. Morgan Withers, Tacoma, WA 27:17; 23. Terri Agee, Anchorage, AK 27:31; 24. Chyll Perry, Anchorage, AK 27:35; 25. Denice Withers, Yakima, WA 28:09; 26. Sarah Camacho, Anchorage, AK 28:20; 27. Katheryn Camacho, Anchorage, AK 28:21; 28. Brooke Whitcomb, Eagle River, AK 28:41; 29. Kristine Withers, Tacoma, WA 31:19; 30. Penny Helgeson, Anchorage, AK 33:56; 31. Kimberly Halstead, Eagle River, AK 34:02; 32. Julianna Halstead, Eagle River, AK 34:09

2.5K Men

1. Riley Howard, Anchorage, AK 10:54; 2. Julian Salao, Anchorage, AK 12:26; 3. Mitch Paisker, Anchorage, AK 16:05; 4. Kaden Bartholomew, Anchorage, AK 16:24; 5. Brandon Bartholomew, Anchorage, AK 16:25; 6. Michael Hayes, Anchorage, AK 16:30; 7. Calvin Stein, Anchorage, AK 18:51; 8. Jesse Ackerson, Anchorage, AK 19:42; 9. Clinton Hacker, Eagle River, AK 21:59; 10. Daniel Hjortstorp, Gakona, AK 22:20; 11. Atlas Hjortstorp, Gakona, AK 22:20; 12. Craig Withers, Tacoma, WA 27:18; 13. Jordan Ralph, Tacoma, WA 27:19; 14. Scott King, Anchorage, AK 28:20; 15. Shawn Withers, Yakima, WA 31:18; 16. John Ruthe, Anchorage, AK 35:53

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Alaska

Erica Totland, of Yakutat, Sentenced for Manslaughter

Published

1 day ago

February 28, 2026

Press Room

Erica Totland, of Yakutat, Sentenced for Manslaughter

Erica Totland.Image-FB profiles

(Juneau, AK) – On Friday, February 20, 2026, Juneau Superior Court Judge Amy Mead sentenced 41-year-old Erica Totland to 14 years with 7 years suspended for Manslaughter, Assault in the Third Degree, and Driving Under the Influence. Totland will be on probation for 5 years upon her release from incarceration.

In 2025 Totland pled guilty to Manslaughter, three counts of Assault in the Third Degree, and one count of Driving Under the Influence. The convictions stem from the April 30, 2022 death of 26-year-old Anton Eriksson and injuries sustained by three passengers in Yakutat. During pre-trial litigation, Judge Mead suppressed toxicology results after finding the seizure of Totland’s blood by Yakutat Police Department without a warrant violated Totland’s rights.

At sentencing, Judge Mead rejected Totland’s request that the court find the Manslaughter was a least serious offense deserving of a lower sentence. Four Eriksson family members testified at the sentencing and discussed the impact that Totland’s actions had on their family.

Assistant Attorney General Daniel K. Shorey of the Office of Special Prosecutions prosecuted the case along with Paralegal Marley Hettinger of the Juneau District Attorney’s Office.

CONTACT: Assistant Attorney General Daniel K. Shorey, at (907) 269-6250 or daniel.shorey@alaska.gov.

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