LAE Leaders Say Attorney Sent Letter To Ask Voucher Schools To Hold Off On Using Money Until Legal Challenge Is Finalized
7/26/2012
*On July 12th, Baton Rouge judge Tim Kelley ruled that he did not have jurisdiction to grant the injunctive relief requested to delay the funding of the two new, Jindal-backed education laws until a decision was made concerning the constitutionality of those laws. On July 25th, in an effort to advise the schools participating in the voucher program of their potential future obligation to refund monies they may receive, LAE Attorney Brian Blackwell sent a letter to the participants asking them to agree to hold off on spending the money until a final decision was made on the constitutionality of the program. After the letter was received, there was an all out attack on LAE in the press calling the move “disgraceful,” “outrageous,” “shameful,” “sophomoric,” and the list goes on. See LAE’s response to the attacks below.
LAE Leaders Say Attorney Sent Letter To Ask Voucher Schools To Hold Off On Using Money Until Legal Challenge Is Finalized
Letter Aims To Prevent Schools From Having to Pay Back Dollars Spent If Courts Rule Act 2 & SCR 99 Unconstitutional
BATON ROUGE, LA— Louisiana Association of Educators (LAE) President Joyce Haynes responded to a letter sent to voucher schools on behalf of her organization. Haynes said the letter—which asked voucher schools to hold off on using money currently facing legal challenges—was in no way an attempt at intimidation.
“The letter was our way of ensuring that Louisiana students don’t have to pay for the unconstitutional maneuvers made by Governor Jindal and Superintendent White," she said.
LAE Attorney Brian Blackwell said sending the letter was simply part of the legal process.
“We hope to prevent schools from having to pay back the money when the courts rule that Act 2 and SCR 99 are unconstitutional,” said Blackwell. "The schools can still accept students on a contingency basis. The letter just provides an opportunity for the private or parochial school to agree to hold off using the money until the case has been finalized. The program is unconstitutional. The lawyers for the bishops know this and so does the governor. We are trying to prevent the spending of public dollars on unconstitutional programs.”
Baton Rouge judge Tim Kelley refused to delay the funding of the two new, Jindal-backed education laws earlier this month after the state’s commissioner of administration and education superintendent submitted affidavits claiming that a delay in funding for school vouchers would create a deficit in Louisiana’s education budget; however, Judge Kelley stated that since he was not deciding the merits of the case, that if the plaintiffs win their case, then they could pursue litigation to recoup the funds from the private and parochial schools.
“The attorneys are simply following the pronouncement of the court,” said LAE Executive Director Dr. Michael Walker-Jones. "The statements by the superintendent and the BESE board president suggest that the 99% of the students who remain in the public schools have no legal right to challenge the constitutionally of Act 2 or SCR 99.”
LAE maintains the argument that Act 2 and SCR 99 are unconstitutional, as the laws direct the use of the state’s public school financing formula to pay for tuition for some students to attend non-public schools.
“If Superintendent White and BESE were so confident in the legality of these laws, they should have agreed to litigate this case quickly rather than have it go beyond August 1st," said Blackwell.
He went on to point out that the education officials could have also agreed to delay funding until the case was settled. President Haynes said her association's focus remains on protecting the interests of the families who chose not to take part in the voucher program.
“When will Mr. White and BESE look out for the best interests of the 99% of students who attend public schools,” she asked. “It’s time they recognize their constitutional duty and begin working towards making great public schools for every child in Louisiana, not just a select few."
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