Judge blocks Governor Landry’s Executive Order on Education Funding

A major change for education leaders on a plan to give teachers a pay stipend this year. Governor Jeff Landry issued an executive order earlier this month to move money directed to local school districts to his stipend plan.

But it looks like that order might not be legal. A Louisiana judge has issued a temporary restraining order (TRO) blocking Governor Jeff Landry’s order to redirect $168 million in education funding. The funds, originally part of the state’s Minimum Foundation Program (MFP), were intended to be repurposed as one-time stipends for teachers and support staff.

READ MORE: Caddo Parish Approves Teacher Pay Raise

Who Challenged Governor Landry's Order?

This ruling comes after three plaintiffs—Michael Faulk, Katherine Baudouin, and Dr. Belinda Davis—filed a lawsuit in the district court in Baton Rouge. They claim this order by Landry oversteps the governor's constitutional authority and bypasses the legislative process.

What Are the Constitutional Claims?

Judge Richard "Chip" Moore identified five primary constitutional concerns, most notably that the order likely violates the separation of powers. While the governor has limited authority to reduce appropriations, the court found that Landry’s attempt to redirect those specific dollars for the teacher stipends "usurps a function reserved exclusively for the state legislature."

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The ruling also claims this gubernatorial order encroaches on the authority of the State Board of Elementary and Secondary Education (BESE). Under the Louisiana Constitution, BESE is the sole body responsible for developing the MFP formula and fairly doling out that money to local school districts.

Lawmakers Are Voting on this Issue

State lawmakers are now in the process of voting via mail-in ballot on this proposed executive order. Those votes are due by Monday afternoon at 5pm. The judge noted that the Constitution does not authorize the legislature to exercise such power between sessions. Furthermore, the ballot process was criticized for bundling the reduction and redirection of funds into a single "yes or no" question, depriving the public and lawmakers of committee hearings, floor debates, and deliberative safeguards.

Louisiana AG Disagrees with this Ruling

Louisiana Attorney General Liz Murrill contests this ruling. She calls is "improperly granted." She argued that the governor had already ordered the reduction before the TRO was issued and that the court cannot legally block a completed action.