LITTLE ROCK, Ark.—Today, the Arkansas Supreme Court ruled that a group of parents has the right to intervene in a lawsuit and defend the constitutionality of the state’s Education Freedom Accounts (EFA) Program. The case will now head back to the trial court, where the parents’ attorneys from the Partnership for Educational Choice—a joint project of the Institute for Justice (IJ) and EdChoice—will defend the EFA Program against the legal challenge.

“Not only do parents have an interest in defending a program that benefits their children, they’re the only ones in this lawsuit with a personal stake in its outcome,” said IJ Attorney Joe Gay. “We’re thrilled the Arkansas Supreme Court ruled in our favor and we look forward to successfully defending the constitutionality of the EFA Program at the lower court.”

The EFA Program was created as part of the LEARNS Act in 2023. It provides participating families with around $7,000 to cover certain educational expenses, such as tuition and fees, curriculum, supplemental materials, school uniforms, technology, training, and therapy.  

In June 2024, a group of school choice opponents filed a lawsuit challenging the constitutionality of the program under the Arkansas Constitution. Immediately after, the Partnership for Educational Choice announced it was intervening on behalf of Arkansas mothers Erika Lara, Nikita Glendenning, and Katie Parrish, who all use the program for their children’s education.  

“The EFA Program helps my family and other Arkansas families choose the education that works best for our kids,” said Katie Parrish. “I’m so happy that the court agreed that we should have a voice in litigation like this that will profoundly affect our kids’ futures.” 

The mothers and the Partnership for Educational Choice have also moved to defend the EFA Program from a separate, federal lawsuit, filed earlier this year.