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Brumfield v. Louisiana State Board of Education - Court Order

Brumfield v. Louisiana State Board of Education - Court Order

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Published by FindLaw
A November 18 court order from a federal district court in Louisiana verifying the DOJ's dropping of its request for injunctive relief against the state of Louisiana's school voucher program.
A November 18 court order from a federal district court in Louisiana verifying the DOJ's dropping of its request for injunctive relief against the state of Louisiana's school voucher program.

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Categories:Business/Law
Published by: FindLaw on Nov 26, 2013
Copyright:Attribution Non-commercial

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12/04/2013

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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF LOUISIANA OLESS BRUMFIELD, ET AL.,CIVIL ACTION VERSUSNO. 71-1316THE LOUISIANA STATE BOARD OFSECTION "B"(2)EDUCATION, ET AL.ORDER AND REASONS
Before the Court are three motions, all pertaining to theproposed intervention of parties in the above captioned case.Specifically, a group of parents representing their minorchildren, along with the Louisiana Black Alliance for EducationalOptions, seek to intervene for the limited purpose of opposingthe United States' Motion for Further Relief, which is currentlypending before the Court. (Rec. Doc. No. 218 at 2). The ProposedIntervenors additionally have requested leave to file a brieresponding to the questions the Court has set for oral argumenton November 22
nd
, 2013 (Rec. Doc. No. 230) and a Motion toExpedite their Leave to File Brief request (Rec. Doc. No. 231). The United States has filed an Opposition to the Motion toIntervene. (Rec. Doc. No. 225). Accordingly, and for the reasons enumerated below
IT ISORDERED
that the Motion to Expedite Consideration on Motion forLeave to File Brief (Rec. No. 231) is
GRANTED
.
IT IS FURTHER ORDERED
 that the Motion to Intervene (Rec.1
Case 2:71-cv-01316-ILRL-JCW Document 239 Filed 11/18/13 Page 1 of 8
 
Doc. No. 218) is
DENIED WITHOUT PREJUDICE TO REURGE.IT IS FURTHER ORDERED
 that the Motion for Leave to FileBrief (Rec. Doc. No. 230) is
GRANTED IN PART AND DENIED IN PART
. The Brief submitted by Proposed Intervenors on the questions setfor argument on November 22
nd
 will be accepted by the Court as anamicus curiae brief.
Procedural History:
On August 22, 2013 the United States filed a Motion forFurther Relief in the above captioned case. (Rec. Doc. No. 203). The Motion asked the Court to "permanently enjoin the State of Louisiana [] fromawarding any school vouchers [] to studentsattending school in districts operating under federaldesegregation orders unless and until the State receivesauthorization fromthe appropriate federal court overseeing theapplicable desegregation case." (
Id.
). The Court subsequentlyheld a status conference with parties on September 18, 2013, andordered briefing on the following two issues: (1) Does the desegregation order issued in
Brumfield v.Dodd 
, 405 F. Supp. 338 (E.D. La. 1975) apply to the State oLouisiana's Student Scholarships for Educational ExcellenceProgram("Voucher Program") so as to require the State toobtain authorization fromthe Court prior to implementation?(2) If the desegregation order applies to the Program, isthere any need to amend existing orders to ensure a processof review of the Voucher Programor similar ones in thefuture? (Rec. Doc. No. 212)An oral hearing on the above questions is set for November 22,2
Case 2:71-cv-01316-ILRL-JCW Document 239 Filed 11/18/13 Page 2 of 8
 
2013. The Court also ordered the State of Louisiana to provide"an analysis of the voucher awards for the 2013-14 school yearrespecting impact on school desegregation in each school districtpresently under a federal desegregation order." (
Id.
). On September 23, 2013, the United States supplemented itsAugust Motion for Further Relief. (Rec. Doc. No. 213). In theSeptember 23
rd
 filing, the United States indicated that the Stateof Louisiana had agreed to provide it with certain information,satisfying some of the complaints alleged by the United States inits August Motion. (
Id.
 at 2). Further, the United States statedthe Court's order that Louisiana provide an analysis of thevoucher awards for the 2013-2014 school year (Rec. Doc. No. 212)additionally satisfied concerns advanced in its August Motion - as a main focus of the Motion was to obtain such an analysis fromthe State. (Rec. Doc. No. 213 at 3). The United States concludedits supplemental filing by clarifying "that the only issuesremaining from[the August Motion] are the two questions theCourt has presented for briefing" and that:  To the extent this Court determines it appropriate toresolve those two questions in the affirmative, and aschedule is put in place to facilitate compliance and thetimely sharing of school voucher programdata and analysis .. . it is the position of the United States that the reliesought by the August Motion will have been satisfied. (
Id.
) On September 30, 2013, a group of parents representing theirminor children, along with the Louisiana Black Alliance for3
Case 2:71-cv-01316-ILRL-JCW Document 239 Filed 11/18/13 Page 3 of 8

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