Helms v. Picard

229 F.3d 467, 2000 WL 1434674

Opinion

DUHÉ, Circuit Judge:

This case is before us on remand from the Supreme Court. Guy Mitchell v. Mary Helms, 530 U.S. -, 120 S.Ct. 2530, 147 L.Ed.2d 660 (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, and its Louisiana counterpart, La.Rev.Stat.Ann. §§ 17:351-52, are constitutional as applied in Jefferson Parish.

JUDGMENT RENDERED.