Supreme Court lifts restraining order on LEARNS
The Arkansas Supreme Court on Thursday overturned a temporary restraining order placed on Arkansas LEARNS, allowing the law to take effect immediately.
A Pulaski County judge placed a hold on the law in May after a lawsuit against LEARNS which challenged the validity of the law’s emergency clause. The state’s highest court lifted the temporary restraining order by a 5-2 decision.
The concurring option of the court states the restraining order was overturned because the plaintiffs failed to demonstrate they would suffer irreparable harm.
“We have repeatedly held that harm is normally considered irreparable only when it cannot be adequately compensated by money damages or redressed in a court of law,” said Associate Justice Rae Hudson
The plaintiffs, which include CAPES and several employees from the Marvell-elaine School District, argued that the nonrenewable of employment contracts and other adverse effects related to renewals could cause irreparable harm. The court disagreed stating that the “alleged harm from the nonrenewable of the employment contracts and other adverse effects related to these nonrenewals can also be adequately compensated by money damaged or redressed in a court.”
The court also disagreed with the opinion that the emergency clause impaired CAPES right to challenge the law with a ballot initiative.
“The CAPES appellees’ claim that their constitutional right of
a referendum would be impaired is also without merit, as their ability to collect signatures and otherwise pursue their referendum petition on the LEARNS act is not affected by the bases of a restraining order,” Hudson wrote.
Education reform was the top priority for Governor Sarah Sanders in her first year on the job.
The governor released a statement on Thursday morning to celebrate the court’s decision.
“Today’s Supreme
Court decision is a huge win for parents, teachers, and most importantly our kids. I’ve spoken with Education Secretary (Jacob) Oliva - he is immediately getting back to implementing the boldest,
most transformational education reform in the country,” said Sanders. CAPES released a statement on Thursday morning condemning the decision and promising to continue the fight against the LEARNS act.
“We disagree with the fact that there is no irrepreable harm to MESD and CAPES. We
are disappointed the court didn’t examine the invalid emergency clause, and we are looking forward to our day in court for this important matter that impacts every public school child and employee in the state,” said Verone Mcclane, chair of CAPES.
Arkansas Attorney General Tim Griffin praised the court’s decision.
“This is a win for Arkansas’s children, their parents and teachers. Marvell-elaine will be able to welcome back students next year. And the Arkansas Department of Education can immediately resume planning to provide teachers higher salaries and maternity leave,” said Griffin.