A judge overseeing a case that will decide the constitutionality of homeschool funding in Alaska ruled late Thursday in favor of delaying the decision until the end of June.
ANCHORAGE, Alaska -
Superior Court Judge Adolf Zeman’s ruled last month that reimbursements made under the state’s homeschool correspondence program violated a section of the State Constitution prohibiting public money from being spent “for the direct benefit of any religious or other private educational Institution.” Thursday, Zeman granted the delay — known in the legislature as a “stay” — until June 30, which marks the end of the current fiscal year.of Zeman’s ruling, but for an indefinite amount of time.that the judge’s decision that public funds cannot be used for private religious or education expenses is too broad, and is putting Alaska’s correspondence programs in limbo.
Zeman wrote in his ruling that a delay in the decision “effectively preserves the status quo while an appeal is decided.” “The heightened ‘probable success on the merits’ standard applies here since as detailed above, Plaintiffs credibly argue that they will suffer injury if an indefinite stay pending appeal is granted,” Zeman wrote.
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