Jindal voucher overhaul unconstitutionally diverts public funds to private schools, judge rules

By Lauren McGaughy, NOLA.com

Louisiana Gov. Bobby Jindal's school voucher overhaul was dealt a blow Friday when a Baton Rouge area judge declared the diversion of public money by the voucher program to private schools unconstitutional.

The ruling, which came almost immediately after a three-day long court hearing, came in two parts.

The first part of Judge Tim Kelley's ruling declared that the law passed to implement the controversial program -- Senate Concurrent Resolution 99 -- was done in a valid and constitutional manner.

He also ruled Act 2 -- the voucher overhaul -- did not violate the "single object" requirement of the state constitution allowing for a bill to only effect one policy at a time.

But in the second part of his ruling, Kelley declared the diversion of funds from the Minimum Foundation Program (MFP) -- the formula under which per pupil public education funds are calculated -- to private entities was unconstitutional.

Gov. Jindal commented on the ruling Friday afternoon:

"Today's ruling is wrong headed and a travesty for parents across Louisiana who want nothing more than for their children to have an equal opportunity at receiving a great education. That opportunity is a chance that every child deserves and we will continue the fight to give it to them.

"The opinion sadly ignores the rights of families who do not have the means necessary to escape failing schools. On behalf of the citizens that cast their votes for reform, the parents who want more choices, and the kids who deserve a chance, we will appeal today's decision, and I'm confident we will prevail. This ruling changes nothing for the students currently in the program. All along, we expected this to be decided by the Louisiana Supreme Court," the statement added.

Louisiana Superintendent John White also issued a statement saying, "We strongly disagree with the ruling. We are optimistic this decision will be reversed on appeal."

The suit was brought by Louisiana Federation of Teachers (LFT), Louisiana Association of Educators (LAE), Louisiana School Boards Association and 43 local school boards.

LFT Public Relations Director Les Landon told NOLA.com he felt very emotional after the ruling.

"This is a win for all of the children of Louisiana -- and for the taxpayers," he said Friday afternoon after the ruling.

Senator Mary Landrieu, D-La., agreed in a statement issued Friday after the ruling.

"It is no surprise that State District Judge Tim Kelley today ruled the unnecessarily aggressive and overreaching statewide voucher program unconstitutional. A strategic use of state-funded vouchers could be appropriate, but this diversion of public education dollars was a step too far and diminishes resources for meaningful reform efforts already underway at the local level," she said.

Outside the 19th District Court in Baton Rouge, where the ruling was made, Louisiana Association of Educators President Joyce Haynes said the ruling was a triumph for the teachers associations and school boards.

Closing arguments in the case were made Friday morning. Brian Blackwell, Larry Samuel and Bob Hammonds represented the teachers unions and school boards while Gov. Bobby Jindal lawyer Jimmy Faircloth represented the state.

State Rep. John Bel Edwards, D-Amite, a witness in the case who testified Wednesday, told NOLA.com "none of us are happy with the state of public education. We all need to work together to improve it but we are truly a nation of laws and we never have the option to do that which is constitutional."

The LFT has also filed a separate suit against Act 1 -- another part of the education overhaul -- of the legislative session, also because it violated the single objection requirement.