The Arkansas Supreme Court's ruling in a lawsuit over the LEARNS Act will have ramifications far beyond the education overhaul law, Attorney General Tim Griffin reiterated Friday.
In the suit, a group of Phillips County residents and two public education activists argued the Legislature didn't follow the proper procedure when passing the emergency clause that was needed for the law to take effect immediately.
A Pulaski County circuit judge agreed, ruling that the law's effective date is Tuesday, rather than March 8, when it was signed by Gov. Sarah Huckabee Sanders.
"This case concerns the LEARNS Act's emergency clause, but it's ultimately about every emergency clause enacted for decades," Griffin said in a filing with the state Supreme Court on Friday.
The 45-page brief was filed in support of Griffin's appeal of Circuit Judge Herbert Wright's ruling that has delayed the law's implementation. A response by the plaintiffs is due Aug. 11.
Under Article 1, Section 5 of the constitution, to pass an emergency clause, the Legislature needs to hold a "separate roll call" vote.
When passing the LEARNS Act, lawmakers voted simultaneously on the bill and the emergency clause, a practice the Legislature has followed for decades. Without an emergency clause, laws take effect 91 days after the legislative session officially ends.
While the state House of Representatives and Senate did not hold separate roll call votes on the LEARNS Act and its emergency clause, the one vote each chamber took was recorded separately in the official legislative journals, thereby following the constitutional requirement, Griffin argued.
Griffin also argued legislative procedure is a political matter that should not be for the courts to determine and that lawmakers should be given latitude in setting up their own rules.
In the brief, signed by Griffin, Solicitor General Nicholas Bronni and others in Griffin's office, the attorney general argued the procedure lawmakers used to pass the LEARNS Act was a "longstanding" practice.
"Indeed, the inner workings of the legislative process are quintessentially political issues that courts shouldn't interfere with," Griffin said.
Griffin also argued the state is protected by sovereign immunity, which "prevents lawsuits against the State that seek to control its action."
The lawsuit challenging the LEARNS Act's effective date was filed after the Arkansas State Board of Education approved an agreement allowing the Friendship Education Foundation, a charter school group, to take control of the Marvell-Elaine School District in Phillips County. To approve the contract, the state board used a provision of the LEARNS Act that allows struggling school districts to enter into "transformation contracts" with nonprofits to run their schools.
Wright's ruling on June 30 delayed the implementation of the LEARNS Act and the transformation contract.
The LEARNS Act aims to overhaul public schools in the state through a universal voucher program, higher teacher starting pay, a ban on critical race theory, higher literacy standards for third graders and updated regulations for school security protocols.
LEARNS stands for literacy, empowerment, accountability, readiness, networking and safety.
Two of the plaintiffs in the lawsuit, Steve Grappe and Veronica McClane, argue their case could have further implications for the law.
The two are leading a petition campaign to put the LEARNS Act to a referendum. If they are successful in their signature collecting effort and lawsuit, the LEARNS Act could potentially be put on hold until voters get a chance to have a say in November 2024, they said.