Arkansas Attorney General Tim Griffin’s office has asked the state Supreme Court to dismiss a lawsuit that challenges the constitutionality of the state’s school voucher program, arguing it is barred by sovereign immunity.
In a legal brief filed Friday, Griffin’s office contended the lawsuit, brought by a group of educators and parents, fails to meet the legal threshold for exceptions to sovereign immunity, which protects the state from being sued over policy decisions. The brief argues that the plaintiffs have not demonstrated any constitutional violations in their challenge to the Educational Freedom Account program, established through the LEARNS Act.
The lawsuit, filed by public school advocates from multiple Arkansas counties, seeks to overturn the voucher program and require repayment of distributed funds. Plaintiffs claim the program violates Articles 14 and 16 of the Arkansas Constitution, which govern the use of public education funds and the allocation of tax revenue.
Pulaski County Circuit Judge Morgan “Chip” Welch previously declined a motion to dismiss the case, prompting Griffin’s office to appeal the decision to the state’s high court in September.
Defendants in the case include Gov. Sarah Huckabee Sanders, Arkansas Education Secretary Jacob Oliva, and the State Board of Education. The LEARNS Act, a signature initiative of the governor signed into law in March 2023, created a voucher system linking state education funding to individual students, enabling public funds to be used for private or home schooling.
Griffin’s office maintains that the state Legislature has the authority to fund educational initiatives outside the public K-12 system, and that the plaintiffs’ claims fail to establish any unlawful diversion of tax revenue or misuse of public school funds.
The lawsuit describes the voucher system as unconstitutional, alleging it diverts money meant for public schools to private entities. Plaintiffs argue that the program represents an illegal exaction of public funds and undermines public education.
According to the Arkansas Department of Education, voucher funding for the 2025-26 school year is set at $6,864 per student and $7,627 for students previously in the Succeed Scholarship program. The voucher program’s availability expands to all school-aged children next school year, up from previous participation caps of 1.5% and 3% of the state’s public school enrollment in its first two years.
The state Supreme Court has not yet scheduled a hearing on the case.
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