EAST BATON ROUGE PARISH SCH. BD. v. FOSTER

No. 2002-CA-2799.

851 So.2d 985 (2003)

EAST BATON ROUGE PARISH SCHOOL BOARD and Calcasieu Parish School Board v. Murphy J. "Mike" FOSTER, Jr., In His Official Capacity as Governor of the State of Louisiana, John Neely Kennedy, In His Official Capacity as Treasurer of the State of Louisiana, Cecil J. Picard, In His Official Capacity as Superintendent of Education for the State of Louisiana.

Supreme Court of Louisiana.

Rehearing Denied September 5, 2003.


Attorney(s) appearing for the Case

Hon. Richard P. Ieyoub, Attorney General, Roy A. Mongrue, Jr., Veronica L. Howard, Lee Ann Elizabeth Butler, James H. Napper, II, Richard A. Bordelon, Ralph J. Aucoin, Denechaud & Denechaud; Kenneth Watkins, Watkins, Walker & Eroche; V. Charles Cusimano, for Applicant.

Robert L. Hammonds, Hammonds & Sills; Maxwell G. Kees, Sr., James Spruel, Jr., Kean, Miller, Hawthorne, D'Armond, McCowan & Jarma, for Respondent.


KIMBALL, Justice.

This direct appeal presents the issue of whether certain appropriations from the Education Excellence Fund in Act No. 26 of 2002 violate the provisions of La. Const. art. VII, § 10.8. For the reasons that follow, we conclude that they do. Article VII, § 10.8(A)(1)(d) provides for the appropriation of ten percent of the total monies received in Fiscal Year 2001-2002 to public schools pursuant to subparagraph (C)(3)(d). Act 26, however, appropriates...

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