INDReporter

Voucher suit decision coming Friday

by Leslie Turk

Two statewide education unions and 43 school boards are seeking to shut down the vouchers and other changes that would funnel more money away from traditional public schools.

BATON ROUGE, La. (AP) - A Baton Rouge judge said he'll rule Friday afternoon in a lawsuit by teacher unions and public school boards challenging Gov. Bobby Jindal's voucher program as unconstitutional.

Attorneys made their closing pitches to Judge Tim Kelley, who said he'll again review the evidence and court filings before announcing his decision.

Two statewide education unions and 43 school boards are seeking to shut down the vouchers and other changes that would funnel more money away from traditional public schools.

They argue it's illegal to pay for vouchers to private schools through the public school funding formula and claim lawmakers didn't follow the proper process for creating and financing the new programs.

"This case has to do with respecting the constitution as the supreme law, not as a series of suggestions," said Larry Samuel, a lawyer representing the Louisiana Federation of Teachers.

The state education department and the Board of Elementary and Secondary Education say the programs were funded and created in line with the constitution.

"They have not met their very high burden of proving that BESE has offended its constitutional authority," said Jimmy Faircloth, the lawyer representing the Jindal administration, education department and BESE.

More than 4,900 students are enrolled in 117 private schools with taxpayer dollars in one of the largest voucher programs in the nation. Lawmakers, pushed by Jindal, created the statewide program earlier this year.

The education department estimates vouchers will cost about $25 million for the 2012-13 school year, with the taxpayer-financed tuition available to students from low- to moderate-income families who otherwise would attend public schools graded with a C, D or F by the state.