Alaska Supreme Court upholds local school contribution

JUNEAU — The Alaska Supreme Court on Friday upheld as constitutional a state requirement that local governments help pay for education, reversing a lower court decision.

The ruling came in a case filed against the state by the Ketchikan Gateway Borough.

In 2014, a state court judge ruled in the borough’s favor in finding that a required local contribution for schools violates a constitutional provision that says that no state tax or license proceeds will be earmarked for any special purpose. An exception to that includes royalty proceeds put toward the Alaska Permanent Fund.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

But the supreme court, in a decision released Friday, said the required local contribution is not a state tax or license within the meaning of the dedicated funds clause of the constitution and does not violate that clause.

State Department of Law spokeswoman Cori Mills said in a statement that the high court’s opinion “respects the legislature’s decision to promote local-state cooperation in crafting and implementing the State’s education system.”

A message seeking comment was left for the manager of the Ketchikan Gateway Borough.

The opinion, written by Justice Joel Bolger, states that the minutes of the constitutional convention and historical context of those proceedings suggest delegates intended that local communities and the state would share responsibility for local schools. Over time, while the details of the program have changed, “the Legislature has never relieved local communities of their longstanding obligation to support local public schools,” the opinion states.

Bolger wrote the today’s program for funding for local public schools “falls squarely within the type of state-local cooperative programs the delegates sought to exempt from the constitutional prohibition on dedicated funds.”

Chief Justice Craig Stowers and Justice Daniel Winfree concurred in the decision but expressed concerns.

Winfree wrote that laws are presumed to be constitutional and parties challenging a law’s constitutionality have the burden of persuasion, with doubts resolved in favor of constitutionality. While he has “considerable doubt” about the constitutionality of the required local contribution, he said he cannot conclude that the presumption has been overcome in this case. He said he therefore agrees with vacating the lower court decision that the contribution is an unconstitutional dedicated tax.

But, he wrote, he does not rule out an ultimate conclusion that the required local contribution is unconstitutional, as a dedicated tax or otherwise, and does not join the court’s analysis or decision on that point.

“In my view the question cannot be answered definitively without a full interpretation and understanding of the Alaska Constitution’s public schools clause, which, apparently for strategic reasons, the parties did not confront,” Winfree wrote.

The public school clause states in part that the Legislature shall by general law establish and maintain a system of public schools open to all children of the state.

Winfree wrote that he agreed with the court’s analysis in affirming the lower court’s secondary decision that the required contribution does not violate the appropriations clause or the governor’s veto clause of the Alaska Constitution.

More in News

(Juneau Empire file photo)
Aurora forecast through the week of March 23

These forecasts are courtesy of the University of Alaska Fairbanks’ Geophysical Institute… Continue reading

President Donald Trump delivers remarks at an event where he announced new tariffs in the Rose Garden of the White House, in Washington, on Wednesday, April 2, 2025. President Trump unveiled his most expansive tariffs to date in a ceremony at the White House on Wednesday afternoon, saying he would impose a 10 percent tariff on all trading partners. (Haiyun Jiang/The New York Times)
Trump imposes vast global tariffs; some key partners hit hard

©10% tariff for all countries; trading partners like China, Japan and Europe face significantly higher rates.

Tidal Echoes editors Annie Kessler and Adonis Scalia holding 2025 editions (Photo from @uas.tidalechoes on Instagram)
Tidal Echoes launches 2025 literary and arts journal Friday at UAS

Featured artist Mark Sixby and writer Corinna Cook will discuss works at unveiling.

Clockwise from top center: Malia Towne, Mackenzie Englishoe, Sophie Swope and Jazmyn Lee Vent. (Image by Mer Young/High Country News)
How Alaska Native youth are protecting the land for their future ancestors

Four women devoting careers to preservation of Indigenous lifeways under threat in Alaska.

Art by Christine Kleinhenz of Tide Watcher will be featured at The Bear’s Lair as part of First Friday in April. (Juneau Arts and Humanities Council photo)
Here’s what’s happening for First Friday in April

A poster tribute leading up to the 50th Alaska Folk Festival and… Continue reading

(Michael Penn / Juneau Empire file photo)
Police calls for Sunday, March 30, 2025

This report contains public information from law enforcement and public safety agencies.

A Capital City Transit Center electric bus (left) and diesel bus (right) wait for passengers at the Downtown Transit Center on Friday, March 7, 2025. (Jasz Garrett / Juneau Empire)
Capital Transit is constructing a charging station for its new electric buses

Capital Transit superintendent says fleet offering better experience than first electric bus received in 2020.

Signs at the front of the Alaska State Capitol on Sunday, Dec. 8, 2024, indicate a designated entrance for legislators and their staff, and direct members of the public to a separate door. The signs were in anticipation of a security screening policy that was put on hold, but on Monday a similar policy was approved by the Legislative Council. (Mark Sabbatini / Juneau Empire file photo)
Airport-style security screening coming soon to Alaska State Capitol after Legislative Council’s OK

“It will probably be a couple weeks before it’s all in place,” says Rep. Sara Hannan, the council’s chair.

Most Read