Kelley, who issued a 39-page written ruling, said from the bench that Act 2 and SCR 99 unconstitutionally divert to nonpublic entities “MFP funds that are constitutionally mandated to be allocated to public elementary and secondary schools.”More from Lamar here.
The judge also said in court that the act and concurrent resolution unconstitutionally divert to nonpublic entities “local funds included in the MFP that are constitutionally mandated to be allocated” to public schools. Local funds refers to tax dollars.
“While the Court does not dispute the serious nature of these proceedings nor the impact and potential effects on Louisiana’s educational systems, vital public dollars raised and allocated for public schools through the MFP cannot be lawfully diverted to nonpublic schools or entities,” Kelley wrote in his ruling.
“This Court does not propose to foreclose the State from establishing educational programs that are funded outside the constitutional limitations of the Minimum Foundation Program,” he added.
Sunday, December 02, 2012
Instead of MFP, next time try taking a rib
In essence, the judge ruled that, rather than draw from funds determined by the MFP formula meant for allocation to the public school system, Bobby Jindal's voucher program will have to.. um.. create its own money. Perhaps by speaking it into existence out of the ether.