Jindal adminstration responds to lawsuit against vouchers, teacher tenure


The House Education Committee holds hearings on Gov. Bobby Jindal's education reform packageTeachers line up to testify as the House Education Committee holds hearings on Gov. Bobby Jindal's education overhaul package in March.

Among other arguments, the state also told the 19th Judicial District in Baton Rouge that Louisiana law does allow public money to flow to private schools, disputing the crux of the teacher plaintiffs' challenge to the voucher program. The state also argued that blocking implementation of the programs will create an operating deficit in the state education budget.

The filings come in response to the teachers' request that the court freeze the new programs until the relevant constitutional questions are settled. The teachers' move for an injunction and the state's response are routine maneuvers in constitutional challenges.

The teachers' suit hinges in part on the Louisiana Constitution's explanation of the public school financing formula as being for the benefit of the "public education system."

Jimmy Faircloth, a former Jindal executive counsel now in private practice and representing the administration, offered the court a different interpretation. Faircloth emphasized a constitutional passage stating that the "public education system" is established "in order that every individual may be afforded an equal opportunity to develop to his full potential."

That, Faircloth said, means appropriations for education are intended for each "public school child," rather than public systems themselves. That legal argument follows Jindal's rhetoric throughout the legislative debate this year that "the money should follow the child."

Additionally, Faircloth cited state law that blocks courts from issuing preliminary injunctions against a state office if the agency in question can demonstrate that the action would yield a deficit or put the agency in violation of a legislatively approved appropriations bill. Faircloth said that an injunction would effectively keep the Department of Education from distributing the $3.4 billion of public school financing authorized by the state operating budget and a related instrument called the Minimum Foundation Program resolution.

The MFP is the key formula that determines how much money public schools receive. This year, the document spells out that some of the money will be used to cover private school tuition vouchers for certain low-income students. The teachers' lawsuit contends that the Louisiana Constitution prohibits the MFP from routing public money to private schools.

Separately, Faircloth argues that the teachers cannot demonstrate "irreparable harm" - a key standard in granting certain injunctions -- if the court does not halt the programs while it considers the merits of the case.

Judge Timothy Kelly of the 19th Judicial District Court has set a July 24 hearing date to consider the injunction.

Bill Barrow can be reached at or 504.826.3452.