Helms v. Picard

UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 97-30231
MARY L. HELMS, individually and as next friend of Amy T. Helms;
AMY T. HELMS, a minor; MARIE L. SCHNEIDER,
Plaintiffs - Appellants - Cross Appellees - Appellees,
VERSUS
CECIL J. PICARD, Louisiana Superintendent of Public Education;
KENNETH DUNCAN, Louisiana State Treasurer; LOUISIANA STATE BOARD OF
ELEMENTARY AND SECONDARY EDUCATION; JEFFERSON PARISH SCHOOL BOARD
SYSTEM; ELTON LAGASSE, Superintendent of the Jefferson Parish
School System; LAURIE E. ROLLING, President and member of the
Jefferson Parish School Board; LIBBY MORAN, Vice President and
member of the Jefferson Parish School Board; ROBERT WOLFE, member
of the Jefferson Parish School Board; BARRY BORDELON, member of the
Jefferson Parish School Board; O.H. GUIDRY, member of the Jefferson
Parish School Board; CEDRIC FLOYD, member of the Jefferson Parish
School Board; POLLY THOMAS, member of the Jefferson Parish School
Board; GENE KATSANIS, member of the Jefferson Parish School Board;
MARTIN MARINO, member of the Jefferson Parish School Board,
Defendants - Appellees - Cross Appellants,
and
RICHARD W. RILEY, Secretary of the United States Department of
Education; UNITED STATES DEPARTMENT OF EDUCATION,
Defendants - Appellees,
and
SPECIAL EDUCATION SERVICES CORPORATION,
Defendant - Appellant,
and
GUY MITCHELL; JAN MITCHELL; EUGENE CERISE; KATHY CERISE,
Intervenor Defendants - Appellees - Cross Appellants.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
September 27, 2000
Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.
JOHN M. DUHÉ, JR., Circuit Judge.
This case is before us on remand from the Supreme Court. Guy
Mitchell, et al, v. Mary Helms, et al, 530 U.S. ____, 120 S. Ct.
2530 (2000). The Supreme Court reversed our judgment and held that
20 U.S.C. §§ 7301-7303, as applied in Jefferson Parish, is
constitutional. By necessary inference, this also reversed our
holding that the Louisiana counterpart of that statute, La.
Rev.Stat.Ann. §§ 17: 351-352, was also unconstitutional as applied
in Jefferson Parish. Although it vacated our judgment in its
entirety, The High Court did not address the other issues decided
by us. Helms v. Picard, 151 F.3d 347 (1998).
Accordingly:
We REINSTATE OUR JUDGMENT in favor of Defendants declaring the
Louisiana special education program, La.Rev.Stat.Ann. § 17:1941-
1956, constitutional as applied in Jefferson Parish.
We REINSTATE OUR JUDGMENT affirming the District Court’s
decision in favor of defendants that the transportation payments to
the Jefferson Non-Public School Transportation Corporation, by
virtue of La.Rev.Stat.Ann. § 17:158 are constitutional.
We RENDER JUDGMENT in favor of Defendants declaring that the
Federal instructional materials program, 20 U.S.C. §§ 7301-7373,
2
and its Louisiana counterpart, La.Rev.Stat.Ann. §§ 17:351-52, are
constitutional as applied in Jefferson Parish.
JUDGMENT RENDERED.
3