LOUISIANA APPEALS COURT JUSTICES SIDE WITH LAE IN TYPE TWO CHARTER SCHOOL FUNDING CHALLENGE
Justices of the Louisiana First Circuit Court of Appeal agree: it is unconstitutional to pay for Type 2 charter schools through the state’s public school funding formula.
“This is a significant victory in defending the right of every child in Louisiana to attend a quality public school,” said LAE President Debbie Meaux. “It is crucial for the state to adequately fund the institutions where the vast majority of Louisiana’s students learn, and a majority of Louisiana’s students learn in public school classrooms.”
Type 2 charter schools authorized by BESE are funded with a combination of state and local tax dollars. Local school officials have expressed that these types of schools siphon off dedicated tax revenue intended for other purposes such as educator salaries and benefits, technology, and infrastructure.
The LAE and nearly a dozen of its affiliates from across the state filed a lawsuit in September of 2014 to protect public school funding. After a year-and-a-half-long appeal process, the LAE’s legal team was able to demonstrate that using Minimum Foundation Program (MFP) dollars to fund Type 2 charter schools violates the Louisiana Constitution’s provision requiring MFP funds to be allocated to parish and city schools; Type 2 charter schools do not meet this definition. The ruling effectively eliminates the state’s authority to use MFP dollars (including locally-generated tax revenues) to fund new Type 2 charter schools.
“The result, in this case, was largely foreshadowed by the Louisiana Supreme Court’s 2013 decision that voucher schools could not be funded through the MFP,” said Brian Blackwell, the lead attorney for the LAE. “MFP dollars are restricted to city and parish school systems, and Type 2 charter schools are not city and parish school systems.”
There are 35 Type 2 charter schools currently operating in Louisiana. These schools derive most of their operating revenues (more than $80 million annually) from MFP funding. With tens of millions of dollars at stake, the decision will likely head to the state’s highest court for appeal, but Meaux said she hopes the legislature will intervene.
“It’s time to correct the unconstitutional diversion of funds (both state and local) so that decisions like these won’t impede any child’s education,” she said. “Ensuring every student’s basic right to a great public school is LAE’s top priority. We look forward to a swift and final resolution to this issue so that our public school educators can continue to focus on increasing student success and moving our public schools forward.”
FROM THE PRESIDENT'S DESK
Debbie Meaux, President
The news cycle has certainly kept us on our toes lately. From historic weather, heartbreaking violence, and citywide protests in 2016 to transitions in leadership and activism movements in 2017 – one thing’s for sure: we, as a people, continue to be impacted by the happenings in our communities. As 2017 continues, we will find ourselves faced with varying opinions - especially when it comes to our values and our beliefs - but I say, let us seize these differences. As educators, we are in unique positions to teach our students the importance of both tolerance and acceptance. I hope you will join me in embracing any opportunity to shape character and instill hope within the children we serve.
LAE leaders and staff are looking forward to the coming year as we continue our efforts to determine how to best serve Louisiana’s education community. We have a series of Listening Tours scheduled across the state in which we plan to gather the insights we need to drive the direction of the association’s advocacy efforts. These meetings - where we meet with educators of varying positions and backgrounds - have proven vital to LAE over the past few years. We enjoy interfacing with members, but most importantly, the information we gather is crucial in the process of crafting legislation and deciding positions of support/opposition on other pieces of legislation. This feedback also provides me with powerful testimony from voices in the field to share with members of the legislature, as well as BESE. Please make plans to join us when we schedule a visit at your school. I hope to see you on the road.
With Louisiana’s annual legislative season quickly approaching, the LAE Lobby Team is working to craft policy proposals which will benefit Louisiana’s education professionals. I, along with our education policy specialists, will be your voice in Baton Rouge during the session. Though this is always the case, I need you to add your valuable insights to these conversations. We need local members to commit to lobbying (both virtually and physically) on behalf of the association. Please pledge to take action on any requests that may come your way. We promise to make it as easy as possible for you to write letters to your senators and representatives addressing concerns over education proposals via our online advocacy tool, Action Network. In addition, please commit to becoming an active advocate at your school as well as at your school board meetings; your professional well-being depends on it. It is truly important that we all play a role in the preservation of public education.
As you know, LAE members across the state drive association-wide decisions. The strength of the whole is determined by those who lead. We are approaching LAE’s 2017 Election Season where soon, you will have an opportunity to vote for your colleagues running for leadership positions. Please vote for the candidates you feel are most qualified to lead the association – biographies are included within this newsletter. Please be sure to review all information carefully and be prepared to vote beginning March 10.
Another important association initiative to consider is nominating a colleague (or two) for the LAE Image Awards. Every year, LAE honors a teacher, ESP, administrator, ancillary professional, Friend of Education, and Human and Civil Rights Trailblazer. Find applications and instructions for the nominating process at lae.org/lae2017imageawards. The deadline to apply to be considered for this prestigious association honor is March 3rd.
One more item to consider: there exist many professional development opportunities available to you through LAE’s Teaching and Learning Center. Go to lae.org/teachingandlearning to view current course offerings.
Many of you are totally focused on the race to testing, so I know it’s easy to look past the joy that comes with your position. I urge you make it a point to step back and take a look at your students. They are what it’s all about. Become knowledgeable and involved in your quest - our quest - to preserve public education. Take pride in your professional association. LAE is building credibility as a true change agent. I invite you to be a part of that change. Public education needs advocates willing to step forward to ensure its continuance as a constitutional provider of education and protector of democracy. Best of luck in the remaining school year and wishes for continued success in 2017 and beyond.
In Solidarity,
Debbie Meaux
SCHOOL FUNDING, ACCOUNTABILITY, AND STUDENT TESTING: WHAT TO EXPECT THIS LEGISLATIVE SEASON
As Louisiana enters the 2017 Legislative Season, it’s important to highlight some of the groundbreaking accomplishments educators have achieved over the past year. LAE members were instrumental in working with Governor Edwards to establish, by executive order, an advisory council on the Every Student Succeeds Act (ESSA). Association lobbyists collaborated with Senator Gerald Boudreaux to reduce the impact of the valueadded model on teacher evaluations. Members supported the LAE Lobby Team’s efforts to safeguard schools, teachers, and students against any unintended consequences which stood to arise as a result of the transition to new teaching standards. LAE helped to defeat legislation that would have limited assault leave benefits for educators who sustain life-altering injuries in the line of duty. On the retirement front, educators – both active and retired - worked closely with association lobbyists and state lawmakers to pass legislation to grant retirees a long-overdue cost-of-living adjustment.
In the 2017 Legislative Session, LAE lobbyists are committed to continuing the fight to protect K-12 public education funding. In addition to this, LAE’s major areas of focus for the session include proposals to reduce unnecessary high-stakes tests, establishing a revamped school accountability system, charter school transparency, teacher evaluations, and enhanced learning standards. As always, LAE lobbyists will advocate for sustained salary increases for teachers and education support professionals. We can expect the powerful forces of corporate reform to continue an all-out assault on public education, which will most likely include a continued attempt to take away payroll dues deduction, as well as efforts to gut public employee pensions in order to balance the state’s deficit.
Massive budget woes left behind by the Jindal administration continue to plague the state. A special session is currently underway to address the remaining budget shortfall for this fiscal year. The state now faces a $304 million deficit in the current year with a $400 million shortfall predicted for 2018. This figure is down from 1.9 billion just one year ago. It’s important to note that in the first year of his leadership, Governor Edwards and his administration have saved and/or cut more than $850 million in government spending. LAE will work closely with the Governor and the legislature to advocate for comprehensive tax reform that is responsible and fair. A realistic approach is needed to solve the state’s long-term budget situation. In November of 2016, the Task Force on Structural Changes in Budget and Tax Policy presented final recommendations on a comprehensive solution to stabilize the state’s budget woes. The task force emphasized that an appropriate tax structure should be fair, simple, and stable in the long term. This group’s recommendations focus on the budget, as well as sales, individual income, corporate income and franchise, and property taxes. The recommendations present options for reforming several parts of the state’s tax and fiscal structure to decrease its complexity, taxpayer inequities, and the inability of the Governor and the Louisiana Legislature to adequately respond to financial downturns.
Over the past several years, LAE leaders, lobbyists, and member activists have been extremely successful in developing solid, bipartisan relationships with members of both parties in both chambers of the legislature. We must continue to nurture these relationships - in addition to establishing new ones - with legislative leaders who have a proven track record of supporting our efforts to promote pro-teacher, pro-student, propublic education initiatives. This task will be crucial to face the daunting challenges ahead in the 2017 Legislative Session. In our hands, we hold power to create positive change in the educational environments of all K-12 public school students. We must focus on strengthening our organization by being the bold voice of the public school employee. We must also continue our focus on building stronger bonds with parents, community organizations, and other labor organizations who believe in the value of public education. We need all members joining us in support of this cause.
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