Read the LFT lawsuit: please click here.
Amendments to the lawsuit: please click here.
LFT has prepared a Frequently Asked Questions flier about the "Red Tape" act. To download the flier, please click here.
UPDATE: (Baton Rouge – October 25) Overruling most of the state’s objections to a Louisiana Federation of Teachers lawsuit challenging the constitutionality of the so-called Red Tape Reduction Act, a 19th Judicial District judge ruled today that the lawsuit may proceed in court.
To read more, please click here.
UPDATE: The State of Louisiana has filed its exceptions to the LFT lawsuit against the Red Tape Reduction Act, and a hearing is slated to be heard on October 25 in the 19th Judicial District Court in Baton Rouge.
In six sections, the state’s response to our lawsuit basically claims that LFT has no right to file the suit, that it was improperly filed, that it is premature. The response does not address the Federation’s claims that the act violates the state constitution.
The October 25 hearing will only discuss the state’s exceptions, and will not deal with the merits of the lawsuit.
To read a copy of the state’s exceptions, please click here.
LFT President Steve Monaghan: "Because we support the legislative process and the value of law, we have no choice but to challenge the constitutionality of this act.”
As promised, the Louisiana Federation of Teachers has filed a lawsuit challenging the constitutionality of Act 749, Governor Bobby Jindal’s “Red Tape Reduction and Local Waiver Empowerment Program.” Joining LFT in the lawsuit, filed in the 19th Judicial District Court in Baton Rouge, are the East Baton Rouge Federation of Teachers and the Jefferson Federation of Teachers.
Act 749 authorizes the Board of Elementary and Secondary Education (BESE) to grant local school superintendents waivers or exemptions to virtually every law governing public education in Louisiana.
“As of June 30, 2010, Governor Jindal has signed more than 750 bills into law,” said LFT President Steve Monaghan. “And, while the reach of Act 749 is limited to public education, this Act diminishes the value and respect for all law by implying that law is analogous with red tape. Because we support the legislative process and the value of law, we have no choice but to challenge the constitutionality of this act.”
BESE is a policy-making body comprising 11 members. Eight are elected, and three are appointed by the governor. BESE is one of more than 450 Louisiana Boards and Commissions.
“If allowed to stand, this law will permit BESE to act as a legislative body,” Monaghan said. “BESE will be allowed to decide which laws passed by the legislature will be enforced, and in which communities. The opportunity for selective enforcement of state law will open the door for accusations of disparate treatment from any district denied a requested waiver.”
“By outsourcing its legislative authority to BESE and allowing the selective enforcement of duly enacted laws,” Monaghan said, “we believe the State Legislature has unconstitutionally ceded its authority to another entity.”
Monaghan said that Act 749 is very different from the state’s charter school law, which allows waivers of laws and policies that affect other public schools.
“In establishing charter schools, the legislature itself was explicit regarding exemption from or waiver of law,” Monaghan said. “But with Act 749 the legislature surrenders to BESE the power to cherry-pick which laws can be flouted, and in which school districts. That is a crucial distinction.”
Federation General Counsel Larry Samuel said, “We do not believe that we are breaking new ground with this suit. We believe there is adequate, settled case law proving that the legislature does not have the constitutional authority to delegate its responsibilities to an administrative body.”