This article addresses the debate surrounding the transparency of private schools in Arkansas that receive public funds under the LEARNS Act. Attorney General Tim Griffin clarified that these private institutions are exempt from the Arkansas Freedom of Information Act FOIA since they are not considered government entities. Private schools maintain full control over their internal operations, which keeps them outside the state’s FOIA jurisdiction.
However, critics, such as Bill Kopsky from the Arkansas Public Policy Panel, have raised concerns about accountability. Kopsky argues that when public funds are involved, transparency should be required, as private schools receiving these funds would not be subject to the same financial and operational disclosure standards as public schools.
John Dipippa, a former law school dean, also contributed to the discussion, highlighting that while many private organizations receiving public funds are exempt from FOIA, there are exceptions where transparency is enforced. He cited the example of privatized prisons, which are subject to FOIA due to state oversight. Dipippa suggested that education, being a constitutional mandate, might similarly require transparency for private schools receiving taxpayer money.
With the LEARNS Act progressing, this issue of transparency in publicly funded private education is expected to persist.