Louisiana School Choice

Louisiana Federation of Teachers, et al v State of Louisiana, et al
IJ, Parents and Organizations to Defend Choice Law in Louisiana

IJ client Valerie Evans and BAEO members stand in front of the LA state court and ask for the opportunity to choose their children’s schools.

In 2012, Governor Bobby Jindal signed into law Act 2, an innovative effort to improve elementary and secondary education in Louisiana by giving parents more choices in the education of their children. The statewide voucher scholarship program allowed low income families with children assigned to underperforming and failing public schools to apply for state scholarships to attend participating private schools of their parents’ choosing. For many families, this program represented their first opportunity to choose their children’s schools instead of having to accept assignment to the public school nearest their homes.

Quickly after its passage, school boards and teachers’ unions challenged the constitutionality of the law’s financing mechanism in Louisiana state court. The Institute for Justice, a public interest law firm that is the nation’s leading legal advocates for school choice, represented parents and school reform groups in defending this law. After a three day bench trial, on November 30, 2012, Judge Timothy Kelley of the 19th Judicial District found that Act 2 unconstitutionally diverted money away from public schools by funding it through the Minimum Foundation Program, which is a constitutionally created process that is used to fund almost all other educational options, including charter schools and specialty schools, in the state. Despite this roadblock, the Institute for Justice continued its defense of the program on appeal at the Louisiana State Supreme Court, arguing that while the Constitution required a minimum funding program for public schools, the Constitution did not prohibit some of that money from being used for private educational options as long the program’s constitutional requirements were met.

On May 7, 2013, The Louisiana Supreme Court ruled that the voucher program’s financing mechanism violated the Louisiana Constitution. In a 6-1 decision, the Supreme Court largely accepted the school boards’ and unions’ arguments, holding that the Legislature had not followed certain procedural requirements in the Louisiana Constitution and that the program could not be funded through the state’s Minimum Foundation Program. Though a disappointing outcome, the decision addresses only the means by which the state funds the program. The case did not address the underlying constitutionality of school choice, meaning that the state is free to fund the program using a line-item appropriation as is done in other states. The state did exactly that later that summer, allowing the participants in the program to remain in the schools of their choice. The Louisiana Supreme Court’s decision means, however, that each year students and parents will need to battle the forces of the educational status quo for funding for the program.


Essential Background


Backgrounder: none available

 None available


Latest Release: Louisiana Supreme Court Strikes Down School Choice Funding Mechanism; Ruling Affects Only the Method of Funding Choice Program; Legislature May Reenact Program with Separate Appropriation (May 7, 2013)

Legal Briefs and Decisions

Louisiana Supreme Court ruling in this case (May 7, 2013)

Launch Release: Parents Move to Intervene In Defense Of Louisiana’s New School Choice Program (July 9, 2012) Judgment from 19th Judicial District Court for the Parish of East Baton Rouge (November 30, 2012)
Reason for written judgment from 19th Judicial District Court for the Parish of East Baton Rouge (November 30, 2012)


Case Timeline

School Choice Opponents Filed Lawsuit:



IJ Intervention Filed:


July 9, 2012

Court Filed:


19th Judicial District Court for the Parish of East Baton Rouge


Decision Striking Down Program (November 30, 2012)



Decision on Appeal Pending in Louisiana Supreme Court

Additional Releases

Maps, Charts and Facts

Latest Release: Louisiana Trial Court Strikes Down School Choice Program (November 28, 2012)

 None available

Release: Louisiana School Choice Program Heads to Trial (November 28, 2012)


Op-eds, News Articles and Links

Editorial: Louisiana Voucher Test; Meet 11-year-old Gabriel Evans, teachers union enemy No. 1. Wall Street Journal (November 28, 2012)

Release: Louisiana Supreme Court Rebuffs Teachers’ Unions (August 17, 2012)

Article: School voucher supporters file lawsuit WAFB (July 9, 2012)

Release: Alliance for School Choice Establishes Legal Defense Fund For Louisiana Private Schools Accepting Scholarship Students (July 31, 2012)

Release: Louisiana Teachers’ Union Bullies Private Schools As Court Losses Continue (July 27, 2012)

Release: Court Denies Unions and School Boards’ Request to Stop Louisiana’s Innovative School Choice Program (July 10, 2012)

Video: Where does the alphabet end?; (August 23, 2010)

Release: Court Permits Parents and Organizations to Intervene To Defend Louisiana’s New School Choice Program (July 9, 2012)

ReportOpening the Schoolhouse Doors (December 2011) 

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