(The Center Square) – Alaska residents are split over whether or not state funds should be allowed for what is called school correspondence funding.

An Anchorage Superior Court Judge said the spending is “unconstitutional.” While the state appeals, Alaska lawmakers are considering new bills on the issue.

House Joint Resolution 28 removes language that caused the judge to strike the law. It would also clarify education funding is meant for public purposes, according to legislative policy advisor Bob Ballinger.

If approved by the legislature, the measure will go to the voters to decide.

During a hearing on the resolution, members of the House Judiciary Committee heard comments both supporting and challenging the idea of whether public funds can be used for homeschooling or private school education.

“We’re against the idea of providing public educational funds to both private as well as religious schools given the fact that there is separation, always has been a separation between church and state,” said retired educator Kent Williams.

Similarly, Scott Crass of Fairbanks said homeschooling should be supported in a “constitutionally sound manner” and said public funds for private and religious education open a “pandora’s box.”

However, other public commentators said they had a right to determine what kind of education their tax dollars paid for.

“Parents who homeschool or whose kids attend charter or private schools pay taxes and create public funds,” said Bryan Pike of Palmer. “And when their kids are homeschooled or go to charter school, the public school is not burdened with the cost of that student. If parents sacrifice to homeschool or to send their kids to charter schools, they should receive some financial support or allotment.”

Anchorage School Board member Andy Holleman took issue with private religious schools using the funds with, what he called, little to no oversight.

“What the court case has uncovered, and what’s been real obvious in the weeks since, is that some places were simply ignoring any kind of oversight, turning allotments over directly to private religious schools for use and also allowing things for families and calling them ‘educational expenses’ that a lot of us would just call expenses in personal choices. You need to fix that,” said Holleman.

Others made a distinction between homeschooling and private schools regarding the funding.

“It is morally repugnant that our homeschool families are being held hostage by a private religious educational institute that is taking advantage of public funds to line their pockets,” said Josh Branstetter of Anchorage.

Dr. Pamela Conrad of Bethel said while she supported kids getting the education they need in whatever manner they can get it, she did not support the bill.

“All public schools tend to be cookie cutter and you’re putting people in where most people survive and there’s always those outliers who need a specialized program,” said Conrad. “I am against, however, allowing private schools or religious-backed schools to get access to these funds or use these funds for curriculum. It is wrong.”

The committee will hold one more hearing on the bill.