Articles tagged with LSBA

School attorneys get advice on voucher litigation

As school districts and states across the country gear up to face potential school voucher litigation, lawyers from Louisiana and Arizona offered advice and lessons learned to members of NSBA’s Council of School Attorneys (COSA) on Friday during the second day of the 2014 School Law Seminar in New Orleans.

Robert Hammonds of Hammonds, Sills, Adkins & Guice, of Baton Rouge, La., and Christopher Thomas, with Arizona School Boards Association, were the featured speakers at the Friday morning session.

Hammonds represented the Louisiana School Boards Association in the state Supreme Court case against the state’s voucher program. LSBA was a plaintive in the case. The court ruled in 2013 that the voucher program was unconstitutional.

“I’ve attempted to give you some options if you are confronting a voucher challenge,” said Hammonds. “These are strategies that we used.”

The Louisiana voucher law allowed money from the state public education funding formula to go directly to private schools for students who opted out of the public schools. The state constitution says the state funding board was charged with equitably allocating funds to public schools.

“We said: ‘How can you use public money to fund nonpublic schools?’ We challenged based on state constitution,” said Hammonds. “Many of your states have similar provisions in your constitution. If you get in that situation, those provisions are there.”

Another option to fight vouchers: desegregation orders. Hammonds said some districts have successfully challenged voucher programs by proving that such programs prevented them from following their court-ordered desegregation plans.

A third option is turning to an independent state auditor, such as the one in Louisiana. Because this position is independent of partisan politics, he or she can evaluate the voucher program on its fairness and merits. The Louisiana auditor found many issues with the state voucher program. “If you have similar position in state, look to it,” Hammonds said.

Thomas talked about the choice and voucher cases in Arizona. He warned the audience of a new voucher tact: empowerment scholarship accounts. These allow parents of certain groups of children, such as those with IEPs, to send their children to private schools and the state will pay the tuition.

A lower court validated the program, saying the money went to parents, not private schools. The Arizona Supreme Court recently declined to hear the case, leaving the lower court ruling intact. Proponents now are gearing up to expand access to the programs. Said Thomas, “It will be coming to you.”

The School Law Seminar continues through Saturday.

 

Kathleen Vail|April 4th, 2014|Categories: Council of School Attorneys, NSBA Annual Conference 2014, School Law, School Vouchers|Tags: , , |

NSBA supports Louisiana school boards in voucher case

A lawsuit filed by school boards will determine the fate of Louisiana’s school voucher plan, which may already be jeopardized after a federal court ruling this week.

The National School Boards Association (NSBA) is supporting a lawsuit filed in state court by the Louisiana School Boards Association (LSBA), the state’s main teachers’ organizations, and 43 school districts that challenges the constitutionality of a plan to provide vouchers to Louisiana students in low-performing schools. The first hearing on this lawsuit is scheduled to begin on Wednesday, Nov. 28, in the 19th Judicial District Court in Baton Rouge, La. LSBA’s Legal Counsel Robert Hammonds will be arguing the case on behalf of LSBA’s members.

The law allows students to attend any private or parochial school that is approved by the Louisiana Department of Education, and many of these teach specific and in some cases extremist religious philosophies. Further, the program does little to hold these schools accountable for student learning or financial management of taxpayer funds—for instance, schools that accept less than 40 students with vouchers are not subject to rigorous accountability requirements for student achievement. State legislators and educators have questioned the state’s process to choose the private and parochial schools that are eligible for public funds, while state officials have launched an advertising campaign to promote the plan, which was pushed by Gov. Bobby Jindal.

In a separate but related court ruling on Monday, a federal judge halted the voucher program in Tangipahoa Parish schools, saying that portions of Jindal’s education plan conflicts with a desegregation agreement because the school choice provisions would lead to more segregation in schools. That ruling in New Orleans-based U.S. District court could affect other school districts that are under desegregation orders. State superintendent John White has said the administration will appeal that ruling. It was unclear what the ruling would mean for the students who are already attending schools with vouchers this year.

In a letter to the editor of the The Advocate in Baton Rouge, LSBA Executive Director Scott Richard notes that the voucher program will siphon resources away from public schools with little or no accountability to local school district governance.

The program “is diminishing public school systems’ ability to provide necessary services for all students by diverting public funds to private and parochial entities under the guise of ‘choice,’” he wrote. “What’s wrong with giving parents a choice of where their children go to school under the current voucher program? The private or parochial schools that accept vouchers will not be held to high standards for students’ learning nor the taxpayer dollars they spend — if at all.”

Public schools—governed by local school boards—are best equipped to meet the needs of all students, Richard continued. But those schools need a resources to implement programs that will improve student achievement, including early education, strong interventions for students who are falling behind, and highly qualified teachers and staff.

“LSBA is not defending the status quo in our public schools,” Richard wrote. “We need our elected officials to commit to ensuring that Louisiana has the best public school system available to all of its families and the infrastructure to support it — for the sake of our children and our state.”

NSBA President C. Ed Massey will attend the state trial and bring a letter of support from NSBA to Baton Rouge at the start of the trial on Wednesday.

“It is clear this law was not created with the best interest of all children in mind; instead it promotes a narrow political agenda and will harm community public schools that serve the best interest of all children,” Massey said. “It also deprives the public schools of valuable resources that are necessary to carry out the mandate to provide a free and appropriate public education.”

 

 

Joetta Sack-Min|November 27th, 2012|Categories: Board governance, Budgeting, Diversity, Educational Finance, Educational Legislation, Federal Advocacy, Legislative advocacy, Policy Formation, Privatization, Public Advocacy, Religion, School Board News, School Boards, School Vouchers|Tags: , , , |
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