Deputy Attorney General’s Opinion Provides Guidance to School Districts on Public Correspondence School Allotments and Private School Uses
Monday, Alaska Deputy Attorney General Cori Mills released the Department of Law’s opinion on whether publicly funded correspondence schools can pay for services from private schools. The 19-page opinion found that public money may be spent for discrete materials and services from a private school when doing so supports a public correspondence education. But the Alaska Constitution does not permit public allotment funds to pay tuition for full-time enrollment.
Deputy Attorney General Mills released the opinion yesterday to Acting Commissioner Heidi Teshner at the Department of Education and Early Development. Read the opinion at https://law.alaska.gov/pdf/opinions/opinions_2022/22-002_2021200228.pdf
The opinion also clarifies that none of the recent U.S. Supreme Court cases on education funding (2022’s Carson ex rel. O.C. v. Makin and 2020’s Espinoza v. Montana Department of Revenue) change the analysis because Alaska’s constitution does not distinguish on the basis of religion but rather on the basis of private vs. public. “This conclusion is not changed by the U.S. Supreme Court’s recent decisions interpreting the federal Free Exercise Clause; nor are those decisions likely to invalidate Alaska’s restriction on using public correspondence allotments only for nonsectarian services and materials,” Mills wrote.
The opinion provides guidance on the types of spending that are clearly constitutional, clearly unconstitutional, and those that fall into a gray area.
In 2014, the legislature enacted a statute authorizing districts to “provide an annual student allotment to a parent or guardian of a student enrolled in the correspondence study program for the purpose of meeting instructional expenses for the student.” The Alaska Constitution prohibits spending public funds “for the direct benefit of…a private educational institution.” This led to the question of whether allotments can be spent to cover materials and services from private schools.
In the opinion’s short answer, Mills writes: “The allotment program supports students enrolled in public correspondence schools by permitting a limited amount of public money to be spent for materials and services from a private vendor to fulfill a student’s individual learning plan. Such spending does not, on its face, violate the Alaska Constitution’s prohibition against spending public funds for the direct benefit of a private educational institution. The nature of the private educational institution providing the materials or services does not impact this conclusion. Neither the Alaska Constitution nor the statutes make any distinction between religious or non-religious educational institutions and online or in-person education.”
However, the opinion continues with a clarification: “For example, the constitution does not permit supplanting public education with private school education by using public allotment funds to pay tuition for full-time enrollment in a private school.”
 Professional Teaching Practices Commissioner 2022 Newsletter Available Now
The Professional Teaching Practices Commission’s intent is to serve as a preventative and positive force in helping to enhance the professional performance of all educators so that the public’s right to the best education possible for all of Alaska’s students is adequately protected.
The Professional Teaching Practices Commission deals with matters of professional conduct and certification. It has the responsibility and the power to discipline members of the teaching profession and may issue reprimands, suspensions, and/or revocations of educators’ certificates.
The PTPC 2022 Newsletter is now available online.
The Commission's next meeting is August 15, 2022.
 Percy Avugiak stands in front of a mural he painted at UAF’s Rasmuson Library entitled Invitation Dance and Celebrations.
Sheldon Jackson Museum to Welcome Next Native Artist-in-Residence
Percy Avugiak (Inupiaq/Yup'ik) is the Next Sheldon Jackson Museum Native Artist-in-Residence of 2022. Percy Avugiak is an Inupiaq and Yup’ik artist who was raised in the Yup’ik village of Cherfornak and has Inupiaq roots tracing to White Mountain. He will be at the Sheldon Jackson Museum in Sitka most days from August 19 through September 10, and will host a painting class and two artist talks, all of which will be available both in person in Sitka and virtually through Zoom.
Avugiak is a painter and traditional Yup’ik-style mask maker who also carves wood and ivory and makes jewelry out of ivory and baleen. Avugiak primarily paints acrylic landscapes and portraits. The subject matter of his early paintings are whimsical Alaskan animals. He is best known for, and considers his best painted works to be, his abstract Alaskan Native dancing and singing paintings.
You can learn more about Avugiak's artwork, classes, and presentations and stay in the loop on upcoming events at Alaska State Libraries by subscribing to At the APK & SJM.
Formline Basics Class July 27-29
Eechdaa Dave Ketah is a Tlingit carver, drum maker, and painter. He is the Sheldon Jackson Museum’s current Alaska Native artist-in-residence.
Ketah was born and raised in Ketchikan. His ancestors are the Hinyaa from the south of Lingít aani (Tlingit land - Southeast Alaska).
As part of the Alaska Native Artist Residency Program, Ketah will offer a Formline Basics class at the Sheldon Jackson Museum and on Zoom July 27-29, 2-4 pm for ages 12 and up.
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Canvas Summer Series July 25 - August 4
Do you want to learn more about how to better utilize Canvas for your classroom? The Canvas Summer Series is coming to Alaska! Attend virtual sessions geared towards teachers, school leaders, district admin, and state leadership. Drop-in sessions from July 25-Aug 4, 2022. Register now for the Summer Series at https://bit.ly/Canvas_SS_Registration.
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