State voucher lawsuit hearing set next week

A Baton Rouge judge will hear arguments next week about whether Gov. Bobby Jindal’s statewide voucher program and other sweeping education changes were properly created by lawmakers.

After months of behind-the-scenes legal haggling since a lawsuit was filed in June, the court hearing is set for Wednesday. District Judge Tim Kelley set aside three days for the case.

Two statewide teacher unions and dozens of local school boards say the voucher program that is using tax dollars to send children to private schools and other new education funding plans are unconstitutional.

They argue it’s illegal to pay for the voucher program, home-schooling, online courses, college tuition and independently run charter schools that won’t be affiliated with local school systems through the public school funding formula.

They also claim lawmakers didn’t follow the constitutional requirements for filing and passing the education programs and their funding.

“This is about protecting the constitutional rights of all Louisiana’s school children — not just a select few. Our state constitution promises that every child in Louisiana will be provided with an educational setting that will give them the opportunity to develop to their full potential and that’s exactly what we’re trying to protect,” Joyce Haynes, president of the Louisiana Association of Educators, said in a statement about the case.

Jindal and Superintendent of Education John White defend the constitutionality of the programs and the process for passing them into law.

They say the voucher program is helping thousands of children get a better education than they would have received in the public schools they left.

“Taxpaying parents made the decision that this is what is best for their child and their tax dollars,” White said. “We’re now in the middle of the school year, and even then, some people continue to stop at nothing to prevent parents from doing what’s best for their children.”

The Louisiana Supreme Court refused to stop the launch of the statewide voucher program while the lawsuit challenging its constitutionality remained undecided.

The new program began with the start of the school year in August. A similar program already existed in New Orleans.

More than 4,900 students are enrolled in 117 private schools around Louisiana with taxpayer dollars, one of the largest voucher programs in the nation. Voucher slots are available to students who otherwise would attend public schools graded with a C, D or F by the state.

The Louisiana Federation of Teachers filed its lawsuit in early June.

The Louisiana Association of Educators followed with its own lawsuit, and the cases were consolidated.

The Louisiana School Boards Association later also was added to the list of groups challenging the voucher program and the other initiatives included in Jindal’s education package.

Defendants are the state, the Board of Elementary and Secondary Education and the Department of Education.

Lawmakers agreed to the voucher program and other education changes pushed by Jindal in their regular session earlier this year, as a way to improve student achievement. Teachers repeatedly protested at the Louisiana Capitol, but the measures were fast-tracked through the Legislature by Jindal allies.


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Comments (5)


1) Comment by danielf - 24/11/2012

Interesting fact: Judge Tim Kelly's wife (Angelle Davis) was recently on Bobby Jindal's payroll for a number of years.

2) Comment by phil - 24/11/2012

I see a lot of irony in the voucher system. I recall hearing about "no child left behind" and now it seems that with the voucher system we will have a lot (or even the majority) of children left behind.. I beleive all of those children who do not receive vouchers WILL be left behind. Add that problem to all of the others with the voucher system like transportation and the financial issues and you have one big mess in my opinion. If there are going to be vouchers at all I think ALL students should get them and not just a select few.

3) Comment by NearBarbarian - 24/11/2012

Finally, Mr. Jindal, Mr. White, and their sycophants will have to be accountable to someone and responsible for something. It's moments like these when the founders' intelligence and foresight becomes apparent: three branches of government, checks and balances, and all that.

4) Comment by bettergovt - 24/11/2012

What I do not like is that everyone ignores the fact that the MFP doesn't just cover per pupil variable costs. There is a certain amount of overhead that is paid too. For every student that goes to a private school on voucher money, the public school's budget gets cut by more than the school saves not having to educate that student. This program will eventually starve public schools to death. So if you make over $55,000 for a family of 4, your kids education will suffer so that the "poor" kids can go to a better school than your kids can go to.

5) Comment by LawyerDan65 - 24/11/2012

If Supt. White and Gov. Jindal wanted to create a "right" for parents for taxpaying parents to decided what is best for their child and their tax dollars, then they need to urge amendment of Art. 8 Sec. 13 of the LA Const. The program they endorrsed only takes my tax dollars and uses them to pay the tuition for people who, based on their income level, do not pay enough taxes to cover the tuition to the school that they what their child to attend. Lot's of parents would love to keep all of their taxes and spend them as they see fit, but that is not what the Constitution currently provides. The Const. currently provides that taxes gp into one pot and are to be divided among parish and municipal school systems for public elementary and secondary education. If they want to do it differently, then change the Const. Until that is done, the program adopted by the legislature is violates the Const.