Archives for category: Arkansas

The majority of the Supreme Court of Arkansas opposes abortion. So, they blocked a referendum on abortion access on flimsy technical grounds. Democracy, be damned in Arkansas. To read the background and the Court’s opinions, please open the link.

The Arkansas Times reported:

The Arkansas Supreme Court today likely drove a final stake through the heart of a ballot initiative to restore abortion rights in Arkansas. In a 4-3 decision, the court denied the request from the group backing the measure to restart the review process after the secretary of state preemptively disqualified the group last month due to a piece of paperwork the group failed to include in its final submission of the petition.

Despite collecting signatures from more than 100,000 Arkansans — and despite the fact that the plain language of the statutes appeared to show that the review process for the petition should have continued — the court ruled that paperwork omission was fatal to the group’s effort. 

For those following the case, this has always been the fear: Even if the law was on their side, the majority of the court opposes abortion. Ultimately the law is what the Supreme Court says it is. Among the grab-bag of flimsy arguments offered by Attorney General Tim Griffin, they found a couple they could stretch to suit the purpose of disqualifying the abortion petition.

In a blistering dissent, Associate Karen Baker took the majority to task for their descent into Calvinball:

Even a cursory review of how the present ballot initiative has progressed since its inception demonstrates that both the respondent and the majority have treated it differently for the sole purpose of preventing the people from voting on this issue.

“Today is a dark day in Arkansas,” said Rebecca Bobrow, a spokesperson for Arkansans for Limited Government (AFLG), the group leading the petition effort. “This morning, by a vote of 4-3, the Arkansas Supreme Court upheld Secretary Thurston’s disqualification of the Arkansas Abortion Amendment. More than 102,000 Arkansas voters exercised their constitutionally protected right to engage in direct democracy by signing the petition to get the Arkansas Abortion Amendment on the ballot. The Court’s majority ratifies Secretary Thurston’s decision to silence those voices.”

Theoretically, AFLG could file a lawsuit in federal court. But for procedural and timing reasons, that is extremely unlikely to help. In all likelihood, it’s over: Citizens will not have the opportunity to vote to restore abortion rights in November.

How naive some citizens of Arkansas were! They thought they could get a referendum on the state ballot to change the state’s draconian abortion ban which allows no exceptions for rape, incest or the life of the woman.

They gathered enough signatures to qualify for the ballot but the Secretary of State, no doubt acting with Governor Sarah Huckabee Sansers’ support, found reasons to throw the referendum proposal out. No democracy for Arkansas!

Axios reported:

Arkansas Secretary of State John Thurston on Wednesday rejected petitions for a proposed amendment to make abortion legal in the state again under certain circumstances.

Why it matters: The proposed amendment would allow abortion through the first 18 weeks of pregnancy, and also in cases of rape, incest, fatal fetal anomaly or to save the pregnant person’s life.

State of play: In a letter to Arkansans for Limited Government, which is spearheading the effort, Thurston said the group failed to submit a statement identifying all paid canvassers by name.

  • He said it also didn’t provide a statement confirming it had provided each canvasser with proper documentation and training about the state’s law before they started gathering signatures.

“By contrast, other sponsors of initiative petitions complied with this requirement. Therefore I must reject your submission,” Thurston wrote.

Between the lines: “Even if your failure to comply with [the law] did not require me to reject your submission outright, it would certainly mean that signatures gathered by paid canvassers in your submission could not be counted for any reason,” the letter reads.

  • Thurston claims 14,143 of the 101,525 submitted signatures were collected by paid canvassers.
  • The remaining 87,382 signatures collected by volunteers fall short of the required 90,704 for a proposed constitutional amendment.

What they’re saying: “At multiple junctures — including on July 5 inside of the Capitol Building — we discussed signature submission requirements with the Secretary of State’s staff,” Arkansans for Limited Government (AFLG) said in a statement emailed late Wednesday.

  • The secretary of state’s office supplied the organization with all paperwork to submit the petitions, AFLG said, adding that the group had no reason to suspect it was incomplete.

AFLG says it supplied a list of paid canvassers to the state, and that’s known because it was obtained through a Freedom of Information Act request to the Secretary of State’s office and “released by our opposition in an attempt to intimidate our supporters.”

  • More than 101,000 Arkansans participated in this heroic act of direct democracy and stood up to loudly proclaim their support for access to healthcare. They deserve better than a state government that seeks to silence them.”

The other side: “Today the far left pro-abortion crowd in Arkansas showed they are both immoral and incompetent,” Gov. Sarah Huckabee Sanders posted on X.

What we’re watching: It’s unclear what legal recourse Arkansans for Limited Government can take; however its statement concluded: “We will fight this ridiculous disqualification attempt with everything we have. We will not back down.”

Voucher advocates are justly frightened of state referenda. They claim that “polls show” that vouchers have public support. They don’t. The voucher forces know that every state referendum about sending public money to private schools has failed. In state after state, vouchers have been turned down by voters, typically by large margins.

I wrote a few days ago that concerned citizens in Arkansas were trying to collect enough signatures to get a referendum on the ballot for voucher school accountability. They were outmatched by big money. More than $1 million in spending defeated $8,217.

Supporters of public schools in Arkansas wanted the state to hold voucher schools to the same accountability standards as public schools. Why not? The voucher lobby has boasted for years about the superiority of private and religious schools. But the lobby goes to great lengths to shield those wonderful private schools from taking the same tests as public schools! The evidence is in: when poor kids use vouchers, they fall behind their peers in public schools. In Arkansas right now, almost all the voucher money is going to kids who never attended public schools.

Despite the efforts of some 1,200 volunteers in Arkansas, they collected only about 70,000 of the 90,704 signatures needed to put the referendum on the ballot this November. They promise to try again in 2026.

The anti-voucher group is called For AR Kids, which includes the Arkansas Conference of the NAACP, Arkansas Education Association, Arkansas Public Policy Panel, Citizens First Congress, Arkansas Retired Teachers Association and Stand Up Arkansas.

Opposition to the referendum was funded by the multibillionaire Walton family and the multibillionaire Jeff Yass from Philadelphia.

The Arkansas Advocate reported:

The measure faced opposition from Arkansans for Students and Educators and Stronger Arkansas, two ballot question committees with close ties to the governor. Additionally, the measure was opposed by Family Council Action Committee 2024, which like Stronger Arkansas also opposes the proposed abortion and medical marijuana amendments.

Arkansans for Students and Educators and Stronger Arkansas have received a total of $986,000 and $375,000, respectively, in campaign contributions, according to June financial disclosure documents. Meanwhile, For AR Kids received a total of $8,217 from donors.

Bottom line: the billionaires spent about $1.3 million to protect voucher schools free of any accountability.

The anti-voucher group had $8,217 to spend in hopes of getting the same standards for voucher schools and public schools.

Unfair. Unethical. Shameful.

In the first post today, I wrote that people in Arkansas were trying to collect enough signatures to get a state referendum on abortion. They did it! Under the malign leadership of Governor Sarah Huckabee Sanders and a Republican legislature, the state government passed a highly restrictive abortion law.

The Arkansas Times writes:

They did it. They did it on a shoestring budget, with no organizational support from national groups. Just Arkansas women with clipboards, hustling.

With 100,000 signatures in hand and more still being counted, backers of the Arkansas Abortion Amendment say they’ve got the numbers they need to put reproductive rights on the November ballot. And so far 53 counties reached the qualifying minimum, more than the state’s required 50.

Arkansans for Limited Government, the group behind the Arkansas Abortion Amendment, will turn in petitions at the Arkansas Capitol today.

They’ll be bringing roughly 10,000 more than the 90,704 required to get on the ballot, although the number will certainly change as employees with the Arkansas Secretary of State’s office cull duplicates and weed out names of people who aren’t registered voters. There’s a cushion built into the calendar that gives volunteers another 30 days to collect more signatures to make up for any that are nixed by the state.

It’s easy to feel gloomy about politics in a red state that only seems to get redder. But today there is genuine cause to celebrate. It is only a first step in the process of restoring reproductive rights. But what a step! This is how you claw your state back from the tsk-tsking forced birthers who would gladly stand by while rape victims, pregnant children and women carrying non-viable pregnancies suffer unspeakably.

And they did it without glamorous celebrity endorsements or the financial muscle of major national groups. This effort was driven by smart and tireless Arkansas women who weren’t dissuaded by naysayers or the failure of national groups like Planned Parenthood or the American Civil Liberties Union to send them any cash.

On Friday morning Lauren Cowles, executive director of Arkansans for Limited Government, told supporters to celebrate a little bit, but be ready to work a lot between now and November:

We are grateful for and inspired by Arkansans, across all 75 counties, who signed the petition to put this amendment before voters in November. We believe that healthcare is personal and private. Bodily autonomy and the sanctity of the doctor-patient relationship are values that transcend party politics, economics, and religion. Healthcare decisions, including decisions about reproductive health, should be made between patients and their healthcare team. 

Right now, Arkansas is the most dangerous place in the country to be pregnant. Not only does Arkansas have the highest maternal mortality rate in the nation, nearly half of Arkansas counties are maternity healthcare deserts, meaning they have no obstetric providers or options for delivery care. Arkansas deserves better than that.

This campaign is made up of Arkansas women and mothers, Arkansas healthcare professionals, and Arkansas faith leaders. We are grateful for their support. I want to recognize our 800+ courageous volunteers. Despite frequent harassment and intimidation, they worked tirelessly for months to ensure that we could reach interested signers in every corner of the state. Their relentless efforts, unwavering dedication, and unyielding passion inspires hope for a better Arkansas.

We are proud of our fellow Arkansans for rejecting the state’s extreme abortion ban and taking the first, important step towards protecting pregnant women now and in the future. We celebrate our accomplishments today, but on Monday we get back to work because women’s lives are at stake. The hardest job is ahead of us, and we will not fail. 

The Arkansas Times warns that anti-abortion groups will pull every trick in the book to smear and derail the referendum. Great thing about referenda is that they allow voters to speak out on issues where politicians don’t listen. That’s why every state referendum on school vouchers has failed.

Governor Sarah Huckabee Sanders and the Arkansas, which has a Republican supermajority, passed a voucher plan that allows the state’s voucher schools to evade the accountability required of public schools.

Outraged citizens have been gathering signatures for a referendum that would subject voucher schools to the same accountability as public schools. Today is the deadline to submit signatures. We will know soon if the rebellion against voucher schools’ freedom from accountability succeeded.

The Arkansas Times reported.

Organizers are racing to try to meet the signature threshold for an ambitious ballot initiative that would dramatically reorient the state’s K-12 education priorities and hold private schools receiving public funds to the same standards as those for public schools.

They still need thousands of signatures and face an uphill climb to meet the threshold by the July 5 deadline. We won’t know until the bitter end whether or not the group manages to get over the hump (more than a thousand volunteers are working at events across the state over the next 24 hours).

But I think it’s worth taking a moment to examine the stakes. The Arkansas Educational Rights Amendment would force the legislature to make real commitments to areas of educational need with a proven track record of improving learning outcomes. And it would force accountability on the governor’s voucher scheme, which is funneling tens of millions of dollars in taxpayer money into the pockets of private school families via a program with a long history of catastrophic failure in improving learning outcomes when states actually take the trouble to fairly measure and transparently report results at the private schools.

At a time when Republicans have total control of state government and Gov. Sarah Huckabee haughtily rules as if she has an infallible and possibly divine mandate, the education amendment would be the most comprehensive and far-reaching progressive policy victory in Arkansas since Medicaid expansion passed more than a decade ago.

Legislating by direct democracy

The education amendment is somewhat unusual for a ballot initiative, which usually present relatively straightforward “up-or-down” questions on issues like the minimum wage, casinos, weed, etc. The ballot initiative currently collecting signatures to reverse the state’s abortion ban is like that. Yes, there are details — abortions are allowed up to 18 weeks and for certain exceptions such as rape, incest and saving the life of the mother — but the fundamental issue is a yes-or-no question about whether or not abortion should be legal.

If someone wants to quibble with the headline above and say that the abortion initiative would be the biggest win in terms of liberal priorities in the state, I wouldn’t argue much. But it’s different in kind. The education amendment lays out a very broad-reaching slate of priorities and then would force the Legislature to act. It doesn’t articulate just how lawmakers should go about implementing it. It just establishes certain areas that are an absolute priority — required by law — tying lawmakers hands. The ripple effects through every aspect of the budget would be massive. It would steer the state toward a massive policy project that state leaders don’t want to do. The Legislature has prioritized vouchers and tax cuts skewed toward the wealthy and ignored issues like access to pre-k. If the public votes for this constitutional amendment, it would mandate that the Legislature make new tradeoffs.

This is why Arkansas Republican lawmakers are not fans of direct democracy. The overwhelming majority of voters in the state are going to back the candidate with an “R” by their name. But that doesn’t mean they share their narrow ideological obsessions. They will happily vote for minimum wage increases by huge majorities even if their elected officials hate it. With the advent of one-party rule, the state’s government is not responsive to issues that voters care about that don’t align with doctrinaire right-wing dogma. That’s why you’re seeing more expansive efforts to legislate from the bottom up via ballot initiative. Pre-k is popular; vouchers are not.

Equal standards and transparency for public and private schools getting vouchers

The push to put the education amendment before voters comes in the first year of Arkansas LEARNS, the education overhaul backed by Gov. Sarah Huckabee Sanders and passed by the Republican supermajority in the Legislature last year. Among the law’s most controversial provisions was the creation of a voucher program to help families cover the tuition and other costs of private schools. The program began this year and will be phased in until all K-12 students in the state are eligible to apply starting with the 2025-26 school year.

One curious feature of LEARNS is that the accountability measures it establishes for private schools accepting vouchers are not the same as those for public schools. The amendment would seek to reverse that, insisting on the same accreditation and testing for all schools receiving public funds, as well as public reporting by school of the results. This would allow citizens to see how well the voucher program is working as compared to public schools and help guide parents.

In the early days of voucher programs, advocates wanted to arrange apples-to-apples comparisons of student performance because they thought the voucher students would perform better. But once voucher programs scaled up to statewide efforts, the results were awful: Students who switched from public school to private school via voucher saw their test scores plummet to an unheard of degree — akin to the learning loss associated with a natural disaster like Hurricane Katrina or the COVID pandemic.

You might think such empirical results would give voucher advocates pause, but instead they shifted gears to trying to keep the test results secret or making comparisons impossible. Like many other new voucher programs in red states sweeping the country, Arkansas allowed private schools receiving boatloads of public money to arrange their own standards and tests, with none of the results made public. What could go wrong?

The irony here is that voucher advocates were often the ones screaming loudly about the need for accountability via testing in public schools, and pointing to those very results to disparage the quality of education in public schools. So you wind up with this very strange two-step: Voucher advocates will say something like, “these public school standards have led to lots of kids being below grade level in reading, let’s try something new.” But the measurement of how many kids are at grade level in reading is itself something we know via the standards, assessment and reporting! If voucher advocates claim to want to improve on these metrics, why wouldn’t we measure and report them at private schools, too?

I’ll let you know what happens. Republicans are terrified of voucher referenda: They always lose. To the extent that the public learns that voucher schools are actually worse than public schools and that the primary beneficiaries of vouchers are private school families whose children never attended public schools, the more likely that the public will oppose vouchers. Sending public money to private schools has never won a state referendum.

By now, there are countries that warn their citizens to be careful about visiting the United States because of the widespread availability of guns.

Recently the Arkansas Supreme Court ruled that lawyers could bring guns into courthouses, though not into the courtroom.

The high court of Arkansas remanded its ruling to a judge who opposed it and told him to reach a different decision. The lower court judge called the decision LOCO, and the state Supreme Court removed him from the case.

Debra Hale-Shelton reported in the Arkansas Times:

Remember Circuit Judge Morgan “Chip” Welch‘s order that questioned the sanity of a recent Arkansas Supreme Court ruling allowing attorneys to carry guns in courthouses? It turns out the thin-skinned Supreme Court justices don’t like judges questioning the sanity of their rulings, even when there’s good reason to do so.

But on Monday, the Supreme Court ordered Welch removed from the case. The order came days after Welch nicknamed the high court’s order “Lawyer/officer-of-the-court Carry Opinion” and repeatedly referred to it by the acronym LOCO. In Spanish, “loco” translates to crazy or insane.

The state Supreme Court’s vote to allow lawyers to tote guns in courthouses overturned Welch’s earlier decision. It then fell to Welch, as the original judge in the case, to put the higher court’s order into action.

Welch put some temporary guns-in-courthouses rules in place pending an August hearing to address safety concerns. His rules temporarily allowed guns in the Pulaski County Courthouse but only in the “common areas” on the building’s first floor and nowhere else.

In his temporary order, Welch raised numerous questions that seem pretty important. For example, how can we make sure inmates in the courthouse for their hearings don’t get their hands on these guns? We should note that the high court’s decision excluded courtrooms from the places where guns could be brought.

The Supreme Court accused Judge Welch of violating the ethics code for judges and showing bias; it called for an expedited hearing on May 23 to consider what to do about an insolent judge.

Debra Hale-Shelton of the Arkansas Times reported on a battle over censorship on the State Library Board. Governor Sarah Huckabee Sanders appointed two new members to the board. One of them—Jason Rupert— proposed to cut off funding to libraries that were suing the state to block a censorship law. But other members of the State Library Board voted him down, including Governor Sanders’ other pick.

A former state Senator, Rapert is founder and president of the National Association of Christian Lawmakers and Holy Ghost Ministries.

Hale-Shelton writes:

Please give the women, especially those who respect the First Amendment, a round of applause.

I refer to the women on the Arkansas State Library Board — even Shari Bales, the one recently appointed by Gov. Sarah Huckabee Sanders.

Thanks to them, former state senator Jason Rapert did not get a second on a motion today to defund libraries pushing back against a new state censorship law.

Today was the first meeting of the seven-member State Library Board since Sanders appointed Rapert and Bales. As expected, Rapert talked more than any other board member, tapping his foot on the floor much of the time. His motion was to suspend funds to any library suing the state or Arkansas taxpayers pending the outcome of litigation.

Libraries that would have been immediately affected include the Central Arkansas Library System, the Fayetteville Public Library and the Eureka Springs Carnegie Public Library. They are among the plaintiffs in a lawsuit challenging the new state law, Act 372, which seeks to impose criminal penalties on librarians or others who make supposedly “harmful” materials available to minors. The challenged portions of the law are on hold pending a bench trial, set to begin Oct. 15 at the earliest.

To keep funding those libraries amounts to writing them a check to help pay for the lawsuit, Rapert said.

Other members of the board pointed out that defunding the libraries would hurt their communities.

Later in the meeting, Rapert wanted to know if Arkansas libraries contain certain books that some have found objectionable, such as “Gender Queer.”Not surprisingly, Rapert chose to focus on books with LGBQT+ themes and not those with extreme violence or steamy heterosexual sex scenes. Arkansas State Library Director Jennifer Chilcoat suggested that he email her details of his request.

SUPPORT LOCAL JOURNALISM!

The Arkansas Times, one of those super-valuable local news sites, reported on a plush political deal. The state awarded a no-bid contract to a business called ClassWallet to administer voucher funds. Parents submit bills, and ClassWallet pays them. Surprisingly (or not), ClassWallet employs the same lobbyist who represents former Governor Mike Huckabee, father of current Governor Sarah Huckabee Sanders. What a coincidence!

ClassWallet — the vendor given a lucrative contract to manage the banking side of Arkansas LEARNS school vouchers — employs a lobbyist who also represents a political action committee for former Gov. Mike Huckabee, the father of current Gov. Sarah Huckabee Sanders.

The Arkansas Department of Education did not seek competitive bids last year before awarding the contract to manage the inaugural phase of the state’s “Education Freedom Accounts” to Kleo Inc. of Florida, a company that does business under the name ClassWallet. That contract is expected to earn ClassWallet more than $1 million in its first year.

A quick look at the Arkansas secretary of state’s website shows that ClassWallet is represented by the lobbying firm Legacy Consulting, who also lobbies for Huck PAC Inc., former Gov. Huckabee’spolitical vehicle.

Additionally, Legacy Consulting was founded by Chad Gallagher, Mike Huckabee’s former political advisor.

The contract to administer school voucher finances for LEARNS’ second year recently went out for a bid, garnering five out-of-state contenders, including ClassWallet. The winning vendor stands to earn about $2.4 million in service fees during the 2024-25 school year alone…

ClassWallet currently manages voucher programs in five states: Arizona, Indiana, Missouri, New Hampshire and North Carolina. The company is considered a leader in its field, but it is not without its controversies.

The state of Oklahoma filed a lawsuit against ClassWallet on Jan. 29 of this year for failing to prevent education funds from being misspent. According to a Jan. 31 article from The Oklahoman, this is the second time ClassWallet has been sued by the state.

In the first lawsuit filed by the state of Oklahoma in 2022, federal and state audits found $1,500 grants meant to be used for educational expenses were instead spent on kitchen appliances, power tools, video game consoles and other non-educational items. The lawsuit claimed that about $1.7 million was misused.

In response, ClassWallet denied any wrongdoing. Federal and state auditors said government officials, not ClassWallet, were at fault for failing to put proper guardrails in place. Oklahoma’s attorney general dropped the initial lawsuit, but Oklahoma Gov. Kevin Stitt announced last month that he’s refiling the complaint.

Open the link and read the story, written by Arkansas Times reporter Jeannie Roberts.

Arkansas Governor Sarah Huckabee Sanders spoke to a summit of Christian school leaders and pledged to them that the state would not prevent them from discriminating against students or teachers or families if they accepted students with vouchers. Governor Sanders, who previously served at Trump’s press secretary, pushed through legislation launching vouchers and protecting the state against indoctrination and “critical race theory,” even though there was never any evidence that teachers were “indoctrinating” students or teaching “critical race theory.” Nothing quite so satisfying as battling non-existent demons, ‘cause you always win. But Governor Sanders had to reassure the church folk that they could go on discriminating.

Gov. Sarah Huckabee Sanders made her support of Christian education crystal clear Monday at the Arkansas Christian School Summit held at the Capital Hotel — even hinting to a superintendent that she would fight to allow schools to set their own rules.

Brad Jones, the superintendent of Fayetteville Christian School, told Sanders of being forced to display an Equal Employment Opportunity Commission poster that includes sexual orientation as a protected class.

“We were like, ‘Whoa!’ Of course we discriminate, we’re a Christian school,” Jones said, then asked if that non-discrimination requirement could find itself in the LEARNS Act down the road with future administrations.

Sanders said there’s certainly going to be things that are fluid in the future.

“As much as we want things like the banning of indoctrination and CRT that we put into Arkansas LEARNS, that doesn’t mean that a future legislature administration can’t come up behind us and make changes down the line,” she said.

She urged Jones and the others in the room to be diligent about engaging and continuing to build those coalitions of support “to make sure like-minded people are representing you” in the Arkansas Legislature.

One comment said:

It’s disgusting they’re so open in their disdain. Imagine being proud of that.

Pretty sure Jesus didn’t feel that way.

Arkansas Governor Sarah Huckabee Sanders has wasted no time in pushing her evangelical, fundamentalist Christian views and diverting public money to religious schools that teach her views. Sanders, who was Trump’s press secretary, is the daughter of fundamentalist pastor Mike Huckabee, who also was governor of Arkansas.

Sanders pushed through a voucher law, and now the state will pay tuition for students at private and religious schools. As in other states, the overwhelming majority of vouchers were claimed by students already enrolled in nonpublic schools.

The state education department went a step beyond making vouchers available. It’s now using taxpayer money to advertise on behalf of a fundamentalist school that does not admit LGBT students, and is certainly not likely to enroll students who are Jewish, Muslim, Catholic, or modern Protestants.

David Ramsay of the Arkansas Times wrote:

Last week, we noted that the Arkansas Department of Education had released a video promoting Cornerstone Christian Academy, a K-12 private school in the southeast Arkansas town of Tillar.

It’s not unusual for a state agency to promote a new law or policy initiative, which this video does by highlighting the voucher program available under Arkansas LEARNS, the state’s new education overhaul. But what is unusual is for the state’s education department to use public resources to create such an explicit advertisement for a private school. As Josh Cowen, a professor at Michigan State University and a nationally prominent expert on education policy, told us: “[U]sually they pretend it’s about parental choice more broadly. What’s less common — what I’ve yet to see, in fact — is a state agency leaning this heavily into promotion of private education. And Christian education at that.”

The publicly funded promo for a private school is made even more awkward given the religious affiliation: Cornerstone uses a Bob Jones University curriculum known for teaching “young-Earth creationism,” the belief that the planet and universe are only a few thousand years old. It requires students to take a Christian studies class and attend chapel. The application asks parents about church affiliation and about their child’s “personal experience and faith in Jesus Christ.”

The application also asks about whether a student has ever been involved with “sexual immorality” and requires that parents agree to “maintain the basic principles of biblical morality in my home.”

I left a message with the school’s administrator to find out whether its admissions policies explicitly discriminated against LGBT students. I never heard back, but after a little further digging on their website, I found a student handbook that directly states LGBT students are not allowed to attend the school:

The significance the Bible places on the severity of sexual immorality, and our commitment to a “Christ-centered” environment demands certain standards for admittance to CCA. Therefore, students will NOT be permitted to attend CCA who professes any sort of sexually immoral lifestyle or an openly sinful lifestyle including but not limited to: promiscuity, homosexuality, transgenderism, etc.

This sort of policy is not uncommon at some Christian private schools, but it raises some thorny questions about the state’s voucher program. LEARNS vouchers are  funneling somewhere in the neighborhood of $419,000 in public funds to Cornerstone this school year, part of $32.5 million projected to be spent on private school vouchers across the state. It remains unclear whether the Cornerstone promo video was made directly or funded by the education department, which has not responded to questions.

The video sells vouchers as a vehicle of parental choice, but ultimately it’s the schools themselves that decide who can — or cannot — attend. The only obligation these schools face in terms of admission is that they cannot discriminate based on race, color or national origin, which would violate federal law. But unlike traditional public schools, they are under no obligation to take all comers. 

They are free to discriminate against LGBT students. They are free to impose religious requirements. They do not have to admit students who struggle academically or have behavior problems. They do not have to offer necessary services for disabled students. We have no way of knowing how many students might be rejected from applying to a school, or what the reasons were. There is no transparency and there are almost no rules. To receive a publicly funded voucher under Arkansas LEARNS, a student must gain admission to a private school — but the entire admission process is an unregulated Wild West. 

Kicking a student out of a private school likewise leaves wide latitude to the schools. To expel a voucher student, a private school must follow clear, pre-established disciplinary procedures. But so long as they don’t discriminate based on race, color or national origin, schools are free to follow their own policies.

Among the 94 private schools participating in the voucher program, many are Christian. It’s likely that a significant number, like Cornerstone, close their doors to LGBT students. That has been found to be the the case in voucher programs in Wisconsin and Indiana. The vouchers are publicly funded, but not all schools are open to the public: The vaunted principle of school choice is, in fact, the school’schoice, and some families may find themselves shut out.