Little Rock board directs counsel to seek intervention in federal voucher challenge

The Little Rock School District Board of Education voted Sept. 25 to direct its outside counsel to seek intervention in the federal case Falconberry v. Arkansas Department of Education (case number 4:25‑CV‑592‑DPM), a lawsuit challenging provisions of the Learns Act that expand state subsidy for private‑school attendance.

District counsel provided a procedural briefing during the meeting, explaining that plaintiffs had responded to the state’s motion to dismiss and that motions and intervention requests are pending. Counsel (identified in the meeting as Chris Heller) cautioned the board that intervention could be denied and litigation timelines are often lengthy; he said the board could also choose narrower involvement such as filing amicus briefs if intervention is not granted. “Our request for intervention could be denied,” counsel said, describing the range of procedural outcomes and the potential for multi‑year litigation.

Board members debated the merits and risks. Supporters said the expansion of voucher funding raises constitutional and fiscal questions that could harm district finances and public education over time. Opponents cited uncertain constitutional law in federal courts, the potential cost (one estimate discussed in public comment placed multi‑year litigation costs in the low hundreds of thousands of dollars), and the possibility of strained relationships with state education officials.

After an amendment specifying the federal case and an expressed desire to seek intervention (rather than simply file an amicus brief), the board approved a motion directing the district’s counsel to seek intervention in the federal Falconberry matter. Counsel said intervention efforts could be paused or limited at any time; the board’s action authorizes counsel to pursue intervention but does not set a multi‑year spending limit.