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Therese P Tuley's avatar

From the article:

Private religious schools have a First Amendment right to operate with the exclusionary rules of their choice. But that balance changes when an institution accepts state funds.

Unlike public schools, which are legally and morally obligated to accept every child, this parallel, taxpayer-funded system filters out the students it doesn’t want.

And this isn’t just an Arkansas problem; other states have the same issue. Schools that exclude LGBTQ+ kids are being funded with vouchers in Texas (Texas Observer), Wisconsin (Wisconsin Watch), and Florida (Orlando Sentinel).

Mary Noone's avatar

My first point - Your Tax dollars are funding a second school system - And, secondly, I have been following this case... and to me .... this would seem to fall under Unauthorized and UNCONSTITUTIONAL spending of pubic funds ??? And lets add discrimination too!

The Lawsuit (Faulkenberry v. Arkansas Department of Education)

In December 2025, the Arkansas Supreme Court ruled that a lawsuit challenging the state's voucher program can proceed. This is highly significant for your question.

What's at stake:

The LEARNS Act (2023) created the Educational Freedom Account (EFA) Program

Provides up to $6,864 per student (2025-2026) from taxpayer funds

Money can be used for private school tuition, homeschool curriculum, tutoring, etc.

The state pays private schools in quarterly payments

Plaintiffs' Constitutional Arguments:

Article 14, Section 2 violation: Public school funds are being unlawfully diverted to private schools

Amendment 74 violation: The state is retaining local revenue that was raised specifically for public schools

Illegal exaction: Unauthorized and unconstitutional spending of public funds

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