State's $650-an-hour lawyer tells court 'state can't be held liable for violating constitution' in school funding case

The conflict of interest demonstrated by the action and inaction of the attorney general may have led to the indefensible claim by the attorney general—that an allegation of unconstitutional spending by school districts is none of his business.

The statute the state is trying to defend came under scrutiny after the attorney general’s family publicized its plan for tuition reimbursement. “Thanks to Dunleavy’s 2014 statute, private schools have been added to the list of allowable vendors for parents,” wrote Jodi Taylor, wife of the AG and a leader of the Alaska Policy Forum.

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Dermot Cole Comments
Public funds for private school tuition benefit families only, not schools, lawyers claim

Just one more blog post, for the moment, on the school funding appeal to be heard by the Alaska Supreme Court Thursday at 10 a.m. Gavel to Gavel plans to cover it live.

The Alaska Constitution prohibits using public funds for private or religious schools in Article VII, Section I.

But home school parents who intervened in the case—represented by the Institute for Justice in Texas and Virginia, and former Attorney General Craig Richards—claim they have a right to receive public funds to pay tuition at private schools.

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Dermot Cole Comments
State attorneys admit school districts might be violating Alaska Constitution by allowing private school tuition payments, but AG allows them to continue

In the myriad of conflicting and contradictory claims made by the Dunleavy administration over using public funds for private schools, one that stands out is the declaration that school districts may be violating the Alaska Constitution by allowing students to pay for private-school tuition with public money.

A violation of that nature should prompt action by the attorney general to force the school districts to stop, but AG Tregarrick Taylor has allowed it to go on. He is seriously conflicted over the issue.

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Dermot Cole Comments
Not our problem, state says about claims of unconstitutional education spending

One of the arguments that the Dunleavy administration is making to the Alaska Supreme Court this week is that the state has no control over unconstitutional spending by the school districts because the law championed by Dunleavy absolves it of responsibility and bans the state from applying other rules.

Attorney General Tregarrick Taylor claims that the state education department has no control over the districts on how correspondence school allotments are used, though the education department is free “to ask the attorney general for legal advice on how student allotments may be spent,” but that school districts are “independent actors for purposes of liability under state law.”

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Dermot Cole Comments
State claims spending school funds at religious 'organizations' is OK because many are not 'institutions'

An educational organization is not necessarily an educational institution, according to the Dunleavy administration.

The league of state synonymists is pinning its legal hopes in the landmark school funding case on a flimsy claim that the words organization and institution are not interchangeable.

That’s relevant because the Alaska Constitution prohibits spending public funds at “any religious or private educational institution,” but it doesn’t say anything about public funds spent on religious or private organizations.

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Sullivan's hypocrisy on border policies

Enough already with the hypocrisy of Sen. Dan Sullivan and fellow Trumpists on the border question.

Sullivan has one of his employees assigned to attack President Joe Biden on social media in the voice of Dan Sullivan, pushing a fictional portrayal of Donald Trump as a man with all of his faculties.

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Dave Winfield and his legendary home run

Dave Winfield hit 465 home runs in the Major Leagues. Before he made it big, Winfield spent two summers in Fairbanks for the Alaska Goldpanners. One of his home runs may have hit the roof of the Fairbanks Curling Club. Or it may have bounced in the dirt and hit the wall of the club. It doesn’t really matter.

In the words of Lew Freedman, “any Goldpanner history talk quickly turns to Winfield. His name comes up in the first paragraph. Whether he ever hit a home run off the roof of the curling club or not.”

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Legislators sounded alarm about pension delays in March hearing

In a March legislative hearing, the Dunleavy administration reported that 14 of the 31 jobs in the “member benefits” office of the Division of Retirement and Benefits were vacant.

This was the highest vacancy rate in the division, which has a total of 129 positions.

On April 1, the state said there was a delay of 3.5 months in processing retirement applications.

On Tuesday, the Department of Administration Commissioner Paula Vrana said the delay in processing has been cut to 8-10 weeks.

After publication of my blog post on this topic, a skeptical legislator contacted me to ask about reports that the 8-10 calculation only includes applications that have been officially entered into the system. I asked her to clarify if the backlog excludes the applications received by the state that have yet to be dealt with at all.

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New retirees face months of delays in collecting state pensions; state says it is moving to clear backlog

The essential job of the chief executive in Alaska is to manage the daily operations of state government and keep the machinery of the bureaucracy running.

But the food stamp backlog, chronic delays in processing payroll forms, and the 15,000 people waiting for action on Medicaid applications are prime examples of how the administration of Gov. Mike Dunleavy has stumbled over the basics.

Now add another program where the state is falling short—getting new retirees the pension payments they are owed by the state and paying survivors the death benefits they are entitled to collect.

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