BATON ROUGE - A request for a temporary restraining order filed against the Board of Elementary and Secondary Education by Impact Charter School was denied in state court, the school's attorney said.

The request asked that the newly chosen board put in place after a Legislative Auditor's report alleging the school's chief executive misappropriated funds on lavish vacations cannot be given power while the order is in place.

Attorney Ron Haley filed for two temporary restraining orders — one in the 19th JDC and another in federal court — amid lawsuits he has filed in both jurisdictions. 

"I think everyone in the public can agree that the government should not be able to come in and interfere with our private business," Haley said. "There are remedies that BESE can do, but what they should not be able to do is, as a state entity, come into a private company and take over their board."

The state request that was denied was filed on behalf of parents who claimed BESE violated the open meetings law by having the new board chosen prior to a special meeting Friday.

The federal request was filed on behalf of Impact's operating company Education Explosion, alleging the school's due process and other rights were violated. A decision has not been made on this request, Haley said.

The state restraining order request claimed the Louisiana Department of Education already had members of a new board for Education Explosion chosen prior to the meeting Friday, rendering the meeting "arbitrary" and saying no one could "appeal, respond, or challenge" the decision. 

A hearing for the state lawsuit is set for March 3, Haley said.

The federal request claims the ongoing dispute between Education Explosion and BESE creates a situation that threatens irreparable harm against Impact Charter, the threatened harm outweighs any harm that will come about if the TRO is granted and that the granting of an injunction would be in the public interest.

BESE declined comment on the requests, saying that they cannot comment on ongoing litigation.

Impact Charter officials said the audit was full of misinformation and fueled by a political agenda. That audit came after a raid at the school in May 2024 by the Legislative Auditor's office.

When the audit was initially published, Haley took up the case for the charter school, saying the report was full of factual errors and requesting a restraining order on the audit being released to the public. After that was thrown out, Chief Executive Chakesha Scott threatened to file a defamation lawsuit against the auditor's office after the report was released.

The new Education Explosion board is set to meet tonight at 6:30 p.m.