94 So. 3d 760
La.2012Background
- Act 749 (La.Rev.Stat. 17:4041–4049) creates a waiver program allowing BESE to exempt districts or schools from Title 17.
- Waiver requests may be submitted only after a majority of teachers at the school vote in favor by secret ballot.
- LFT filed a declaratory judgment action challenging the Act as unconstitutional, contesting BESE’s waiver authority by statute.
- The trial court granted summary judgment for LFT, holding the Act unconstitutionally delegated legislative power to BESE.
- The State and BESE appealed directly to the Supreme Court, arguing the challenge was premature and non-justiciable.
- The Court reversed, concluding the challenge is not ripe and the statute is permissive, not mandatory, thus not a justiciable controversy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the challenge justiciable and ripe pre-enforcement? | LFT argues facial unconstitutionality is immediate. | No harm or contingency; no waiver requested or granted yet. | Not justiciable; challenge premature. |
| Does Act 749 impermissibly delegate legislative power to BESE? | Act improperly grants BESE unfettered waiver power. | Delegation permissible for administrative function with standards. | Unconstitutional delegation to BESE; invalid on face. |
| Is Act 749 permissive or mandatory in BESE’s waiver authority? | Act effectively compels BESE to grant waivers under standards. | Act is permissive; BESE may grant but is not required. | Act is permissive; lack of mandatory grant supports non-justiciability. |
| Are there adequate standards and safeguards governing BESE’s waiver determinations? | Act provides no sufficient standards to guide BESE. | There are some procedural aspects but no substantive standards. | Standards insufficient; procedural safeguards inadequate. |
Key Cases Cited
- First Nat'l Bank of Picayune v. Pearl River Fabricators, Inc., 971 So.2d 302 (La. 2007) (advisory opinions avoided; need justiciable dispute)
- Prator v. Caddo Parish, 888 So.2d 812 (La. 2004) (ripeness; concrete rights at stake)
- American Waste & Pollution Control Co., 627 So.2d 158 (La. 1993) (permissive vs mandatory legislation; lack of controversy)
- Nat'l Park Hospitality Ass'n v. Dep't of Interior, 538 U.S. 803 (U.S. 2003) (ripeness; fit for decision and hardship)
- Abbott Labs. v. Gardner, 387 U.S. 136 (U.S. 1967) (ripeness and pre-enforcement review guidance)
- Schwegmann Bros. Giant Super Markets v. McCrory, Commissioner of Agriculture, 237 La. 768 (La. 1959) (three-prong test for valid delegation of authority)
- All Pro Paint & Body Shop, Inc., 639 So.2d 707 (La. 1994) (three-prong Schwegmann test; procedural safeguards)
- State v. Alfonso, 753 So.2d 156 (La. 1999) (delegation exception; legislative power limits)
- Reno v. Catholic Soc. Servs. Inc., 509 U.S. 43 (U.S. 1993) (hardship and day-to-day impact on conduct)