failing public school and the terms under which the state could assume of a school. First, the definition of a failing SPS score was defined as "below the state average." In the 2004-05 school year, the state average was 87.4. Thus, Act 35 substantially raised the bar for low-performing schools. Second, Act 35 expanded the state's takeover authority to entire school districts (rather than individual schools). Act 35 defined a failing school district as one with more than 30 failing schools, or one where at least 50 percent of students attended AU schools. Act 35 applied almost exclusively to Orleans Parish. Only 14 of Louisiana's 64 school districts had more than 30 schools, and almost none of them had the requisite number of AU schools or percentage of students in AU school to meet the new definition of a "failing" school district. To UTNO leaders, Act 35 seemed aimed squarely at them. Conservative state legislators appeared to be using the Hurricane Katrina crisis to break the union in the name of quality education. "The changes in the SPS standard, the addition of a 30-school threshold provision and the timing of this change strongly suggest that state officials were intent on assuming control of most OPSB public schools. This view is also supported by the fact that although there are 'failing' schools in three other Louisiana school districts, state officials have not initiated a takeover of any of those schools." Act 35 had a significant effect on the Orleans Parish School Board's functioning. The RSD took over 112 schools, operating 95 of them directly and permitting 17 others to be run by charter school organizations. The Louisiana State Board of Elementary and Secondary Education took over two other public schools, turning them over to charter school operators as well. OPSB retained control over only 18 schools. To obtain federal funding to repair and reopen these schools, OPSB turned 13 of the schools over to a single charter school operator, the Algiers Charter School Association. Only five schools remained under the direct control of OPSB. Whether intended to do so or not, Act 35 broke the United Teachers of New Orleans. With so few schools under its control, OPSB fired all teachers and other city education personnel on January 31, 2006. On February 1, 2006, UTNO filed suit to force the city to open more public schools. Another suit attempted to win