Louisiana’s recent education overhaul will be tested Wednesday in court as multiple teachers associations and school boards challenge the constitutionality of changes made this year to the state’s voucher program and teacher hiring rules. Ahead of Wednesday’s court case, Louisiana Federation of Teachers (LFT) President Steve Monaghan told NOLA.com he expects a protracted legal battle with the Jindal administration.

“Pragmatically, one has to understand that the legal process doesn’t go like a blitzkrieg. It is a lengthy process that can take months and sometimes years,” Monaghan said Tuesday.

He added, “we are fully aware that the administration is very, very likely to appeal and to appeal to the Supreme Court.”

State Superintendent of Education John White came out against the lawsuit in June, issuing a statement that said, “The LFT is preventing parents from doing what they think is best for their children. It’s time to return our focus to teaching and classrooms, but the LFT keeps dragging us back to politics and courtrooms.”

The Washington, DC-based Institute for Justice, a libertarian law firm, have also come out against the suit. They issued a statement this month condemning the suit.

“It is imperative that school choice flourish in Louisiana or else another generation of Louisiana schoolchildren will be condemned to educational purgatory,” the Nov. 20 statement read.

“Faced with an exodus of children from underperforming and failing public schools, teachers’ unions and school boards have sued to stop parents from making that choice,” it added.

Institute of Justice members, along with Ken Campbell, president of the Black Alliance for Educational Options, and others will protest the suit tomorrow morning outside the court house in Baton Rouge.

The suit was brought by the LFT, Louisiana Association of Educators, Louisiana School Boards Association and 43 local school boards.

It challenges the constitutionality of the education overhaul, called Act 2, passed at the end of the last legislation session. The LFT said Act 2 violates Section 3 of the state constitution which says public education funding will go only to public schools and school systems.

LFT Director of Public Relations Les Landon told NOLA.com on Monday they are confident in their ability to win the suit.

“Ultimately we believe we will prevail and it will be demonstrated Governor Jindal steamrolled a blatantly unconstitutional issue through the legislature,” Landon said.

But the immediate outcome of the lawsuit and the media attention it has garnered — Monaghan said he has been contacted by national as well as local outlets — will be educating the public on legislative oversight and independence.

“The silver lining in all of this is an awakening of segments of the population who were either apathetic of the process or trusting of the process,” Monaghan said. “That was a field trip experience.”

The Act 2 suit will be heard tomorrow in Baton Rouge’s 19th Judicial Court District.

The LFT has also filed a separate suit against Act 1 — part of the education overhaul — of the legislative session, claiming it is also unconstitutional because its passage will effect multiple laws.

The state constitution does not allow these “bundled objectives” in one bill on the grounds it would discourage legislators from voting for a multi-part bill because they are opposed to just aspect.

Indiana’s private school voucher program grew at an unprecedented rate this fall, more than doubling the number of students in its second year.

If the state’s program continues to grow at that pace, Indiana could challenge Ohio and Wisconsin as the nation’s biggest program as soon as next year.

However, today the Indiana Supreme Court is to hear arguments challenging the program’s constitutionality.

The Indiana Department of Education announced Thursday that 9,324 students are now signed up for state-funded vouchers to attend private schools statewide, surging from 3,919 students in the first year and making the program the fastest growing in history.

The number of schools participating jumped to 289 from 241. The program is now redirecting more than $38 million in state aid from public schools to private schools, although state officials say it saved $4.2 million that was redistributed among all public schools.

The controversial program is also still under attack.

The Indiana State Teachers Association, the biggest statewide teacher’s union, is aiming to shut it down. The ISTA-supported lawsuit before the state Supreme Court today charges the program is an unconstitutional mingling of state money and religious institutions. The vast majority of schools accepting vouchers are religiously affiliated.
“When you look at the dollars coming into program, those are coming right off the top of money going to our public schools,” said Teresa Meredith, ISTA vice president and a plaintiff in the lawsuit. “I see that as a real concern.”

Indiana’s big voucher numbers are due in large part to the design of the program, which is less limited than those in other states.

Ohio has a statewide program, but it restricts vouchers to communities with failing schools. Wisconsin limits the program to one city — Milwaukee. However, Indiana’s program is open to any student meeting the income guidelines — anywhere in the state.

Ohio’s program, which started in 2006, has more than 13,000 students enrolled. Milwaukee, the nation’s first major voucher program when it was launched in 1990, has more than 19,000.

Indiana Superintendent of Public Instruction Tony Bennett, defeated in the Nov. 6 election, hailed the state program’s popularity as demonstrating that kids need avenues to attend the schools that best serve their needs.

“Simply put, we are providing our neediest families options they’ve never had before, and they’re taking advantage of the opportunity to select schools that work best for their children,” he said.

Indianapolis Public Schools, one of the state’s largest school systems, has the most students within its boundaries using vouchers of any district in the state at 1,262, up from 644 last year. The number of students who have actually transferred from IPS is 947, up from 365 last year. The rest already were attending private schools using a state program that also made them eligible for vouchers.

Other statistics from the program:

>> Statewide, about 26 percent of voucher students already attended private schools. That’s up from 13 percent last year.

>> Four Indianapolis townships — Warren, Pike, Perry and Lawrence — joined IPS on the list of the 10 districts losing the most students to vouchers statewide. All lost at least 189 students.

>> About 66 percent of voucher students are from metropolitan areas, 18 percent live in suburban areas, and 16 percent come from rural areas and towns.

>> Nearly 81 percent of voucher students are poor enough to qualify for the free and reduced price lunch program.

>> Nearly half of voucher recipients are ethnic minorities, including 20 percent African-American, 19 percent Hispanic and 9 percent multiracial or Asian.

Eligibility for vouchers depends on family income and size. A family of four that earns less than $42,000 annually can receive up to 90 percent of the state aid for a child’s public school education. Families of four making $42,000 to $62,000 can receive 50 percent of the state aid amount.

The voucher law capped the number of students allowed in the program at 7,500 last year and 15,000 this year. But there is no cap going forward unless the legislature decided to add one.

There’s only one problem with that – they don’t.

The National Education Association and the American Federation of Teachers – two unions that have done everything in their power from distorting the truth and lying to intimidation and lawsuits to stop any reform that takes their control and gives it to parents – are driving this rally.

These groups fight charter school openings across the country. For example they are currently stumping against a Mandarin immersion charter in Milburn, New Jersey.

They’ve sued multiple times to stop or delay school choice bills from taking effect. The teachers association now has a lawsuit in Indiana to stop low-income students in failing schools from using a voucher to attend a different school of their parent’s choice.

They are even fighting the “Parent Trigger” law that was passed in California and allows parents to initiate changes to a school, like converting it to a charter, if a majority of parents agree and sign a petition.

It’s the same coalition of the past 35 years that just wants the status quo. Reform to them is about money, control and no high-stakes tests or accountability.

In each case above, and the dozens of ones not mentioned, these groups are eliminating the influence parents and students have, not moving it forward.