22-06-2025
Federal lawsuit looks to halt Arkansas' Educational Freedom Account program; claims it violates US Constitution
LITTLE ROCK, Ark. (KNWA/KFTA) — Four Arkansans have filed a federal lawsuit against multiple state departments over the state's Educational Freedom Accounts, claiming it violates the United States Constitution.
The lawsuit was filed in the Eastern District of Arkansas on June 13.
The plaintiffs are Gwen Faulkenberry of Franklin County, Special Renee Sanders of Drew County, Anika Whitfield of Pulaski County and Kimberly Crutchfield of Pulaski County.
The lawsuit names 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 the nine-member state Board of Education, who are represented by state Attorney General Tim Griffin's office.
The plaintiffs said in the 108-page complaint that the Education Freedom Accounts, or 'the Voucher Program', violates the First Amendment of the United States Constitution, which prohibits the government from favoring one religion over others.
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It also claims that the equal protection clause of the 14th Amendment is violated, which mandates that people in similar circumstances receive the same treatment under the law.
Article 2, Section 24 in the Arkansas Constitution is also reportedly violated. The article prohibits people from being compelled to attend any place of worship against their consent and bars the state from giving preference by law to religious establishments, denominations or modes of worship 'above any other.'
'The LEARNS Act is, through the use of public funds of the State of Arkansas, creating a separate and unequal dual school system of public and private schools, the latter of which, as a regular part of their curricula, teach the doctrines of particular religious, creeds and sects as a means of the establishment, encouragement, development and perpetuation of such religions, creeds and sects,' the complaint said.
The plaintiffs say in the complaint that the EFA system 'denies the equal protection of the laws available and applicable to Arkansas school children based on economic, racial and physical characteristics and abilities.'
It also allegedly creates a 'system of private schools that are not available to all school children in Arkansas because such private schools are not located in and accessible to school children in many rural areas' in the state.
The Arkansas Department of Education's website reports that since the start of the 2023-24 school year, Arkansans have applied for more than 64,000 Education Freedom Accounts.
Voucher recipients were given at least $6,856 each for the 2024-25 school year, and next year's will receive $6,864, the ADE previously told KNWA/FOX24.
The EFA program was created by the LEARNS Act in 2023. It aims to provide state-funded accounts to approved families, helping them cover the costs of private school tuition, homeschooling, and other educational expenses.
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A spokesperson for Governor Sanders' office gave the following statement to KNWA/FOX24 on Friday:
'This suit has no merit. More than 44,000 students have applied for EFAs for next school year and far-left activists are playing politics with those kids' futures to try and protect a failed status quo.'
The Department of Finance and Administration said that as a policy, the department does not comment on any active litigation.
'The LEARNS Act has been a game-changer for Arkansas. Where previously there was stagnation, we now see progress. Where there was malaise, we now see hope. I have successfully defended the LEARNS Act and will eagerly do it again,' Attorney General Tim Griffin's office said in a statement.
KNWA/FOX24 also reached out to the Arkansas Department of Education for comment, but has not heard back.
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