Alaska

Constitutional Provisions on Education

Blaine Amendment

“The legislature shall by general law establish and maintain a system of public schools open to all children of the State, and may provide for other public educational institutions. Schools and institutions so established shall be free from sectarian control. No money shall be paid from public funds for the direct benefit of any religious or other private educational institution.” Alaska Const. Art. VII, § 1.

Case Law Relevant to School Choice

Sheldon Jackson College v. State, 599 P.2d 127 (Alaska 1979)

The Alaska Supreme Court held that tuition assistance grants for students attending private colleges violates its Blaine Amendment because (1) only private colleges benefit from the program, (2) the money effectively subsidizes private education, (3) the benefit provided is substantial, and (4) there is no distinction between giving money to the student and giving money to the school.

Matthews v. Quinton, 362 P.2d 932 (Alaska 1961), cert. denied, 368 U.S. 517 (1962)

Viewing its Blaine Amendment as more restrictive than the federal Constitution, the Alaska Supreme Court held that transportation of private school students at public expense violates the Alaska Constitution.

Questions on Constitutionality of School Choice in Alaska?

Contact Leslie Hiner at 317-681-0745 or leslie@edchoice.org.