(Baton Rouge – August 16, 2012) Echoing a district court ruling, the Louisiana Supreme Court today denied a request for an injunction to halt funding for Governor Bobby Jindal’s controversial school voucher plan. A trial to determine the constitutionality of the voucher scheme will proceed as scheduled on October 15, however.
The Supreme Court affirmed District Judge Tim Kelly’s decision that the judiciary cannot enjoin the voucher program because Superintendent of Education John White and Commissioner of Administration Paul Rainwater signed affidavits claiming that an injunction would create a deficit in the state budget.
“Even though we contend that their statements are demonstrably false – there is no way that not spending money can cause a deficit – the courts must accept the affidavits as factual and cannot challenge them in any way,” said Louisiana Federation of Teachers President Steve Monaghan. “Judge Kelly was very clear when he told us the law does not allow him to question the truthfulness of the statements by White and Rainwater.”
The Louisiana Federation of Teachers and others have sued the state on grounds that Act 2 of 2012, which established the voucher program, violates the state constitution for at least two reasons, and did not pass the legislature by the required number of votes.
Today’s ruling has no bearing on the legitimacy of the challenge or the ultimate outcome of the case. The LFT had sought the injunction to spare the confusion that will come if the law is declared unconstitutional while students are already attending voucher schools.
In a press release celebrating the Supreme Court ruling, Superintendent White said “we need to put politics behind us” and allow the voucher program to proceed.
“That is a truly ironic statement,” Monaghan said. “It was strong-armed politics on the part of the governor and his allies that steam-rolled Act 2 through the legislature.”
As the school year begins, Gov. Jindal’s voucher program is already mired in scandal. Schools have been approved for vouchers even though they do not have adequate teachers, facilities or curricula. The situation is so bad that the Board of Elementary and Secondary Education suspended the approval of non-public schools until the process for granting approval can be revamped.
“The superintendent needs to stop playing name calling games about who is responsible for the administration’s woes and take responsibility for the administration’s embarrassments” Monaghan said. “The responsibility lies with those who made the bad decisions.
“If this administration cared as much about children as it does about satisfying corporate donors and national political ambitions, it would concentrate on improving all our schools for all our children,” Monaghan said.
“It’s time to stop cutting school budgets and diverting funds to risky schemes,” Monaghan concluded. We should concentrate on what we know will work for our children. Unfortunately, that won’t be possible until this case is determined in court. We can only hope for a swift and just decision.”