Louisiana Federation of Teachers v. State of Louisiana

Litigation: Challenging the state’s voucher program, now known as the “Louisiana Scholarship Program,” enacted in 2008 as a program to serve children in New Orleans and was expanded in 2012 to serve children statewide. Opposed to educational choice program: East Baton Rouge Federation of Teachers, Jefferson Federation of Teachers, Lafourche Parish School Board, Louisiana Association of Educators, Louisiana Federation of Teachers, Louisiana School Boards’ Association, National School Boards Association In support: EdChoice, Institute for Justice

Outcomes: On May 7, 2013, the Louisiana Supreme Court ruled that the state constitution’s Minimum Foundation Program cannot be used to pay tuition costs at nonpublic schools. When first enacted by the state legislature, the program was known as the Student Scholarships for Educational Excellence Program and was funded by direct appropriations from the state budget. However, in 2012, the program was expanded and funding for vouchers was changed; instead of funding the program with direct appropriations from the state budget, the legislature decided to fund the program with money from the Minimum Foundation Program, a specific fund that is referenced in the state constitution. Louisiana’s constitution prohibits use of Minimum Foundation Program funds for anything other than public school funding. The court declined to rule whether a voucher program funded through other means, such as the prior method of direct budget appropriations, would be constitutional, and this had the effect of leaving the voucher program intact, but unfunded. One month after the Louisiana Supreme Court struck down the voucher’s funding mechanism, Gov. Bobby Jindal and the state legislature passed a budget that would fund, through state budget appropriations, the nearly 8,000 students approved for vouchers in the 2013–14 school year.

Why it Matters: The Louisiana Supreme Court did not opine on the constitutionality of vouchers per se but ruled on the method by which vouchers are funded. Whereas Louisiana’s constitution has strict prohibitions on use of specific funds dedicated to public school funding, the court left open the possibility of using non-restricted funds for vouchers and other educational programs not part of the public school system.  

Effects: About 5,000 students received vouchers to attend the school of their choice in 2013, when funding was disrupted for one month. Today, just under 7,000 students receive vouchers.

Amicus Brief