Arkansas mothers seek intervention in federal case defending EFA program

Today, the Partnership for Educational Choice, a collaboration between EdChoice and the Institute for Justice, announced its decision to file a motion to intervene in federal court. This action is on behalf of Arkansas parents aiming to defend the state's Education Freedom Account (EFA) program. The motion responds to a new lawsuit filed in the U.S. District Court for the Eastern District of Arkansas that seeks to stop the program's implementation.

This marks the second legal challenge against Arkansas's EFA program. A similar case was initiated in state court in 2024, with the Partnership for Educational Choice already representing families in that instance. These families, including Erika Lara, Katie Parrish, and Nikita Glendenning—Arkansas mothers whose children benefit from the program—are now seeking involvement in this latest federal challenge.

"This new lawsuit does nothing more than repackage old arguments that courts across the country have consistently rejected," stated Thomas M. Fisher, Executive Vice President and Director of Litigation at EdChoice Legal Advocates. "Arkansas’s EFA program is constitutional, it does not harm public education, and it gives families– especially those in need–real options to meet their children’s educational needs."

The Children's Educational Freedom Account Program was established under the LEARNS Act in 2023. It provides eligible families with flexible accounts valued at approximately $7,000 to cover private school tuition, therapies, curriculum, and other qualified educational expenses.

Nikita Glendenning is a homeschooling mother of four from Van Buren, Arkansas. She has used various educational methods to cater to her children's individual needs and currently uses Arkansas’s Educational Freedom Accounts for her two youngest children. Katie Parrish is a public charter-school teacher whose son with autism and ADHD thrives at a specialized microschool due to support from the state’s Educational Freedom Account program. Erika Lara is a single mother whose son with autism transitioned successfully from being bullied in public school to thriving academically and emotionally at a private school through this program.

The Partnership for Educational Choice requests that the court permit these mothers to officially join the case and defend the EFA Program's constitutionality. EdChoice will lead this federal case while IJ continues as lead counsel in state court proceedings.

"Parents have a constitutional right to pick the education that best fits their children’s needs," said IJ Attorney Joe Gay. "This new lawsuit is just the latest attempt by opponents of educational freedom to strip thousands of parents of the ability to direct their children’s education."

EdChoice is a nonprofit organization dedicated to advancing educational freedom as a means toward successful lives and stronger society foundations. The Institute for Justice (IJ) represents clients defending vital constitutional rights through litigation.