CHARLES AND PATSY BROWN

and PREVAILING FAITH

MINISTRIES aka/dba and PREVAILING
FAITH CHRISTIAN ACADEMY aka/dba

* NUMBER:
* 19TH JUDICIAL DISTRICT COURT
* PARISH OF EAST BATON ROUGE

VERSUS
* STATE OF LOUISIANA
LOUISIANA DEPARTMENT
EDUCATION and JOHN WHITE,
In his capacity as SUPERINTENDENT
OF THE DEPARTMENT OF EDUCATION

PETITION FOR JUDICIAL REVIEW, RULE TO SHOW CAUSE AND PETITION

FOR INJUNCTIVE RELIEF

The petition of CHARLES AND PATSY BROWN in their capacity as Administrators

of Prevailing Faith Christian Academy, of full age of majority and domiciled in the Parish
of Ouachita respectfully represents:
1.
Made defendant herein the LOUISIANA DEPARTMENT OF EDUCATION and John
White, a person of full age and majority of the State of Louisiana, individually and as the
State Superintendent of Education, STATE OF LOUISIANA DEPARTMENT OF
EDUCATION, domiciled in East Baton Rouge Parish.

2.
Plaintiffs CHARLES AND PATSY BROWN, the administrators of PREVAILING
FAITH CHRISTIAN ACADEMY hereinafter referred to as (PFCA), seek and are entitled
to judicial review as provided in La R.S. 49:964(A) of the determination by the Louisiana
Department of Education hereafter referred to as department that PFCA is ineligible to
participate in the Louisiana Scholarship Program in the 2016-2017 school year due to gross
fiscal irresponsibility. This final determination was made October 15, 2015 and is attached
to this petition.
Background
3.
PFCA is administered by Pastor Charles and Patsy Brown who are also co-pastors and
founders of Prevailing Faith Ministries. Prevailing Faith Ministries owns the building
located at 1111 Plaza Boulevard, Monroe, Louisiana 71201. Prevailing Faith Ministries
entered into a lease agreement with PFCA for 1111 Plaza Blvd at a rate of seven dollars per
square foot. During the 2014-2015 school years, PFCA had sixty students enrolled, forty
of which were scholarship students.

4.
Pursuant to Louisiana Revised Statutes 17:4022, PFCA submitted to the Louisiana
Department of Education an independent financial audit performed by Postlewaite and
Netterville, annually. As a result of the audit performed by Postlewaite and Netterville, a
subsequent audit was triggered by the Louisiana Legislative Auditor.
5.
As a result of the 2013-2014 audit by the Legislative Auditor, the department withheld
$10,200.00 from PFCA. However, this adjustment was made based on a misstatement in
budgeted amount PFCA paid to Prevailing Faith Ministries per square foot pursuant to the
lease agreement. PFCA was paying seven dollars per foot; however the auditor from
Postlewaite and Netterville listed the lease payment as $6.15 per square foot, resulting in
an erroneous adjustment. Though requested by PFCA, those funds were never refunded.
6.
Once the Legislative Auditor concluded its audit, they determined that the lease
payments from PFCA to Prevailing Faith Ministries were invalid arguably because the two
entities were one in the same. A response was prepared by Dr. PATSY BROWN as an
administrator of PFCA. At the time the response was prepared, June 25, 2015, PFCA, was
not represented by legal counsel. Legal counsel was retained by PFCA on August 31, 2015.
On September 1, 2015, legal counsel for PFCA contacted Corey Lejeune, at the Louisiana
Legislative Auditors Office and requested a meeting to discuss the audit findings.
7.
That same day, Roger Harris at the Louisiana Legislative Auditors Office contacted the
legal counsel of PFCA and stated that the audit report would be made public September 7,
2015. Additionally he stated that PFCA would not be allowed additional time to submit a
response vetted and prepared by legal counsel or to address the issue of the lease payments.
Mr. Harris further advised the legal counsel for PFCA to prepare a response for the
Louisiana Department of Education and the media as he would be moving forward with
publishing the report.
8.
The Investigative report was not made public on September 7, 2015. At the request John
White, according to Mr. Harris, the public issuance of the report was delayed in order to
give the department time to include a formal response. This delay was not communicated
to PFCA. Nor was PFCA offered the additional time granted to the department to include a
vetted legal response to the audit report.

9.
Legal counsel for PFCA attempted to contact the Louisiana Department of Education by
email on September 9, 2015 and September 24, 2015 and by phone on September 14, 2015.
All attempts were unsuccessful. A petition for injunctive relief was filed on September 25,
2015 to enjoin the Legislative Auditor from publicizing the report until PFCA had an
opportunity to adequately respond and to enjoin the department from withholding funds
from PFCA first quarter payment until the PFCA had an opportunity to provide receipts.
Consequently, legal counsel for the department contacted PFCA through its attorney of
record to schedule a conference call the same day the petition was filed. The call was
scheduled for September 28, 2015.

10.
Despite the scheduled conference call, The Louisiana Legislative Auditor published its
report September 28, 2015. They stated in its executive summary that PFCA did not
maintain adequate financial records for the period of July 1, 2013 to June 30, 2014. We
found $84,924 of expenditures in the Student Education of Educational Excellence
Program bank account where the school either could not or would not provide supporting
documentation for the expenditures or the expenditures did not meet the criteria for
educational purpose. The Department of Education also included in the Legislative
Auditors report a response to the audit dated September 21, 2015 accepting the findings of
the Louisiana Legislative Auditor and further agreeing to withhold $74,724 in scholarships
funds from PFCA determining that $10,200 had already been withheld from SY2013-2014.

11.
During the conference call on September 28, 2015, PFCA was notified that the
Department of Education was also terminating PFCAs participation in the scholarship
program citing gross fiscal irresponsibility. During that call, PFCA assured department
personnel that expenditures were used for scholarship purposes and the department agreed
to receive receipts from PFCA evidencing proper use of scholarship funds. Despite the
determination that the lease payments were not valid, which PFCA refutes, the funds were
still expended for costs that were valid under the program rules. Once submitted, the
department agreed to refund the funds originally withheld. In an effort to address the
matters and proceed amicably PFCA dismissed it Petition for Injunctive Relief on
September 29, 2015.

12.
Parents and families were notified the following day of PFCA removal from the
program. As expected, the families were devastated and flabbergasted at the notion of
having to up root their children overnight from a school where they were comfortable and
flourishing. Many parents felt as if the students needs were not considered first, since
students were being forced to make such a grand adjustment in the middle of the school
and with little to no notice. In addition, media outlets in the local area published the
findings of the audit and PFCA was branded as a misuser of state funds. PFCA assured the
media, families and students that they were working with the department to address all
concerns and was working to be reinstated into the program.
13.
On Oct 7, 2015, PFCA submitted to the department receipts amounting to $42,448.00 in
mortgage expenses.

In addition, on October 22, PFCA submitted to the department

additional receipts amounting in $33,475.68 of expenditures qualified under the program.

All receipts were submitted to Charlotte Stevens, the Director of Finance, by email. On or
about October 13, PFCA applied to participate in the Scholarship Program for the 20162017 school years. On October 15, 2015, the department determined that PFCA was
ineligible to participate in the scholarship program citing gross fiscal irresponsibility. As
of November 11, 2015, the department has not responded to any requests for updates, or
meetings and has not issued a refund of the scholarship funds originally withheld.

Averments
14.
PFCA avers that the departments final determination that PFCA is ineligible to
participate in the scholarship program for the 2016-2017 school year is in violation of
constitutional and statutory provisions and was made upon unlawful procedure because the
PFCAs was denied Equal Protection under the law. The Fourteenth Amendment of the
United States Equal Protection Clause requires that all persons similarly situated be treated
alike under the law.

Article I, Section 3 of the Louisiana Constitution provides that no

person shall be denied the equal protection of the laws and that no law shall arbitrarily,
capriciously or unreasonably discriminate The Legislative Auditor, charged with the
responsibility of impartially and conducting a fair and equitable audit, discriminated against
PFCA, when it unjustly denied their request for additional time to respond to the audit
findings before they were final and made public but granted to the Department of
Education an additional two weeks to respond to the same audit findings. Once the
Legislative Auditor agreed to delay publishing its report to allow the Department of

Education to include a response, PFCA should have been granted that same opportunity.
Had PFCA not been denied the right to submit evidence, the same receipts that were
submitted to the department could have been submitted to the Legislative Auditor
preventing PFCA termination from the program. The reputation of PFCA among the local
community and among parishioners has been irreparably impacted due to this grave
injustice.
15.
PFCA further avers that the departments final determination that PFCA was ineligible
to participate in the scholarship program for the 2016-2017 school year was in violation of
constitutional and statutory provisions and was made upon unlawful procedure because the
PFCAs was denied due process under the law. The Fourteenth Amendment of the US
Constitution provides for due process rights by providing that no person shall be deprived
of life, liberty or the pursuit of happiness without due process of law. The Department of
Education determined that PFCA was ineligible to participate in the scholarship program
for the 2016-2017 school year without a hearing to refute the audit findings of the
Legislative auditor from which they relied in their decision to deny PFCAs participation.
Had the department allowed PFCA a hearing to address the findings of the audit, PFCA
could have submitted the same receipts they have since received and prevented the
premature termination PFCAs participation in the program.
16.
PFCA further avers that the Department of Education determination that PFCA was
ineligible to participate in the scholarship program for SY16-17 was arbitrary or capricious
or characterized by abuse of discretion or a clearly unwarranted exercise of discretion since
the department had agreed to receive receipts from PFCA evidencing adequate use of
scholarship funds. The department had already begun receiving receipts at the time the final
determination was made that PFCA would be ineligible for the 2016-2017 school years.
This was clearly an abuse of discretion and the measures of a bully since PFCA was
being allowed to submit the receipts evidencing that PFCA was not grossly fiscally
irresponsible. The department had the complete discretion to impose a less detrimental
sanction on PFCA while the records were being submitted. A probationary eligibility
would clearly have accomplished the charge of the department of protecting the state
interest and observing PFCA constitutional rights.
17.
PFCA further avers that the Department of Education determination that PFCA was
ineligible to participate in the Scholarship program for SY16-17 was not supported and
sustainable by a preponderance of evidence. The Louisiana Legislative Auditor nor the

Department of Education had evidence to support that PFCA did not use the funds in
question for scholarship purposes. The department had the burden of determining whether
the findings of the audit report were substantiated. The Legislative Auditor never
determined how the funds were expended. The department made its determination without
assuring there was valid evidence to support the audit findings. This notion has even more
so been solidified since PFCA has furnished evidence to the department of over $75,000 in
receipts from the 2013-2014 year.
Designation of Record for Appeal
18.
PFCA designates the following as the record in appeal in this matter the entire public
recording regarding PFCA as of the date of the filing of this Petition for Judicial Review,
including but not limited to the legislative auditors report and related files and records, the
report submitted by Postlewaite and Netterville and all related files and records, emails and
or transmissions.
Relief Requested
19.
PFCA respectfully requests this Honorable Court immediately reinstate PFCA into the
scholarship program until a contradictory hearing can be held on the matter of PFCA eligibility to
participate in the scholarship program for the 2016-2017 school year. Irreparable harm would
further occur to PFCA if they are not able to participate in the lottery system by which students
are assigned. This process occurs in early January. If not able to advertise and participate in this
process in January 2016, PFCA would not be able to receive scholarship students until the 20172018 school year. This delay would cause additional irreparable harm to PFCA as significant
economic burdens have been placed on PFCA by the school not functioning.
20.
PFCA also respectfully requests that this Honorable Court order the department to
immediately remit payment of the $75,923.68 as substantiated by receipt of qualified scholarship
expenses to PFCA.
21.
Due to the almost certain irreparable economic harm to PFCA, pursuant to LSA-R.S.
49:950 et seq, PFCA further desires and is entitled to the issuance of a temporary restraining
order, without bond, and in due course same issued as a preliminary injunction restraining,
prohibiting and enjoining the department from disallowing the PFCA from participating in the
program pending further order of this court and said restraining order to remain in full force and
effect until a hearing on this matter can be had to prevent irreparable harm and injury to PFCA
due to the necessity of PFCA to be enrolled in the scholarship program by January 2016 to allow
PFCA to participate in the lottery system by which students are assigned.

WHEREFORE, petitioner prays that

1. This Honorable Court immediately reinstate PFCA into the scholarship program until a
contradictory hearing can be held on the matter of PFCA eligibility to participate in the
scholarship program for the 2016-2017 school year.
2. This Honorable Court order the department to immediately remit payment of the
$75,923.68 as substantiated by receipt of qualified scholarship expenses to PFCA.
3. This Honorable Court issue of a temporary restraining order, without bond, and in due
course same issued as a preliminary injunction restraining, prohibiting and enjoining
the department from disallowing the PFCA from participating in the program pending
further order of this court and said restraining order to remain in full force and effect
until a hearing on this matter can be had to prevent irreparable harm and injury to
PFCA due to the necessity of PFCA to be enrolled in the scholarship program by
January 2016 to have students ready for the 2016-2017 school year.
4. The record designated by the PFCA shall be complied and forwarded to the Nineteenth
Judicial District Court by a day determined by the court.
5. A rule to show cause issue herein directed to the department to show cause, if they can,
on a day determined by this court why PFCA should not be reinstated into the
scholarship program for the 2016-2017 school year under the terms and conditions
which this Honorable Court may deem prudent and necessary and why they should not
be liable for reasonable attorneys fees.
6. Awards any other relief as this Court finds equitable.
Respectfully submitted,

________________________________________
Nina S. Hunter Bar Roll # 29259
Law Office of Nina S. Hunter
301 Main Street, Ste 2200
Baton Rouge, LA 70801
(225) 224-6467 Office
(225) 224-6701 Fax
ATTORNEY FOR THE PETITIONER

PLEASE SERVE IMMEDIATELY

John White
State Superintendent of Education
Louisiana Department of Education
1201 North Third Street
Baton Rouge, LA 70802

CHARLES AND PATSY BROWN

and PREVAILING FAITH
MINISTRIES aka/dba and PREVAILING
FAITH CHRISTIAN ACADEMY aka/dba

* NUMBER:
* 19TH JUDICIAL DISTRICT COURT
* PARISH OF EAST BATON ROUGE

VERSUS
* STATE OF LOUISIANA
LOUISIANA DEPARTMENT
EDUCATION and JOHN WHITE,
In his capacity as SUPERINTENDENT
OF THE DEPARTMENT OF EDUCATION

ORDER

1. IT IS ORDERED that PFCA is to be immediately reinstated into the scholarship

program until a contradictory hearing can be held on the matter of PFCA eligibility to
participate in the scholarship program for the 2016-2017 school year.
2. IT IS FURTHER ORDERED that the Louisiana Department of Education immediately
remit payment of the $75,923.68 as substantiated by receipt of qualified scholarship
expenses to PFCA
3. IT IS FURTHER ORDERED that a temporary restraining order issue, without bond,
and in due course same issued as a preliminary injunction restraining, prohibiting and
enjoining the department for disallowing the PFCA from participating in the program
pending further order of this court and said restraining order to remain in full force and
effect until a hearing on this matter can be had to prevent irreparable harm and injury to
PFCA due to the necessity of PFCA to be enrolled in the scholarship program by
January 2016 to have students ready for the 2016-2017 school year.
4. IT IS FURTHER ORDERED that the record designated by the PFCA shall be complied
and forwarded to the Nineteenth Judicial District Court by the __________ day of
_____________2015.

5. IT IS FURTHER ORDERED that a rule to show cause issue herein directed to the
department to show cause, if they can,

on the ____________ day of

_____________2015 at _________,why PFCA should not be reinstated into the

scholarship program for the 2016-2017 school year under the terms and conditions
which this Honorable Court may deem prudent and necessary and why the department
should not be liable for reasonable attorneys fees.

6. Awards any other relief as this Court finds equitable.

Signed

in

Baton

Rouge,

Louisiana,

this

______________

_____________________, __________.

_________________________
DISTRICT JUDGE

day

of