Competing Alaska House and Senate bills propose fixes to homeschool laws ruled unconstitutional

The Alaska State Capitol successful Juneau, pictured May 6, 2024. (Eric Stone/Alaska Public Media)

Lawmakers successful nan Alaska House and Senate are racing to trade a measure that would let homeschool programs to proceed aft a judge threw retired 2 cardinal homeschool laws arsenic unconstitutional, leaving parents of much than 20,000 students wondering what adjacent schoolhouse twelvemonth will look like. 

Legislators are hoping to walk a measure successful nan adjacent week aliases truthful that would supply those parents pinch immoderate clarity connected what’s ahead, but there’s immoderate disagreement connected nan champion approach.

In nan Senate, Sen. Löki Tobin, D-Anchorage, is pitching Senate Bill 266, which she says would fundamentally reconstruct nan homeschool strategy that existed earlier nan 2014 rule that was ruled unconstitutional.

“That was nan astir caller illustration we person of a constitutionally sound correspondence allotment program,” she said Friday.

A judge said April 12 that Alaska’s existent allotment programme is not constitutionally sound because it allows parents to usage authorities homeschool backing for tuition astatine backstage schools successful usurpation of a conception of nan authorities Constitution barring nan usage of nationalist money for backstage aliases belief education.

Tobin’s measure intends to reside nan judge’s concerns. For 1 thing, if nan measure becomes law, location would beryllium stricter rules connected really homeschool funds, known arsenic “allotments,” tin beryllium spent. Students would besides nary longer beryllium allowed to opt retired of authorities testing arsenic they presently are under a 2016 law. Tobin says that’s an effort to measure whether homeschooled students are keeping up pinch authorities standards.

“One of nan things we’ve heard beautiful many times present successful nan Legislature is that we request much accountability data, and 1 of nan strongest devices of accountability is receiving that appraisal data,” Tobin said.

The measure has received important pushback during nationalist hearings from homeschool parents. Some return rumor pinch nan bill’s request that unspent allotments beryllium returned astatine nan extremity of nan twelvemonth — immoderate parents opportunity they prevention up allotment backing to walk connected assemblage classes that let their students to get ahead. Others entity to nan bill’s restrictions connected purchases, saying things for illustration skis passes, gym memberships and recreation to taste events play a cardinal domiciled successful their children’s education.

The testing request is different root of criticism, including from Gov. Mike Dunleavy and his administration. At a news convention connected May 1, Dunleavy said it could beryllium inconvenient for homeschool families who worth flexibility. 

“[If] 1 is successful Kazakhstan, nan family is, and nan occupation requires them to beryllium location March, April, May — and homeschool goes connected each twelvemonth agelong — and nan authorities aliases whoever decides to do testing successful March, what do we do pinch those folks?” Dunleavy said.

Just 14% of students astatine Alaska’s largest statewide correspondence schoolhouse participated successful authorities reference and mathematics tests past year, but, speaking remotely alongside Dunleavy, Education Commissioner Deena Bishop said that’s nary origin for alarm. 

“I don’t person a concern. In fact, statistically speaking, a 14% return is an fantabulous measurement to understand how, you know, a study aliases immoderate type of program, if you look astatine immoderate type of research, is doing,” Bishop said.

A time aft nan judge successful nan homeschool lawsuit declined to put nan ruling connected clasp beyond nan extremity of June, Dunleavy came retired successful support of a House measure that would return its ain attack toward fixing nan law issues pinch nan homeschool program. 

The sponsor, Rep. Justin Ruffridge, R-Soldotna, said House Bill 400 would task nan authorities Board of Education pinch coming up pinch caller homeschool regulations — rules that specifically abide by nan Alaska Constitution’s prohibition connected utilizing authorities costs for backstage aliases belief education.

“It was fundamentally trying to find, what is nan astir elemental measurement to opportunity an individualized learning scheme should beryllium and an allotment should beryllium capable to beryllium paid, arsenic agelong arsenic it is paid successful accordance pinch law language,” Ruffridge said.

Ruffridge based on nan drafting of elaborate rules should beryllium up to group much acquainted pinch nan day-to-day operations of correspondence schools alternatively than nan Legislature. The measure would besides require nan authorities to show really allotments are spent. 

At nationalist hearings, homeschool parents person generally offered support for nan approach, though what rules nan authorities committee would rotation retired are a mobility people astatine this early stage.

It’s unclear astatine this constituent which attack will triumph retired — but lawmakers will person to enactment fast. The Legislature’s regular convention must adjourn by midnight connected May 15.