FILE:  AB

Cf:  ABC

SCHOOL BOARD LEGAL STATUS

The East Baton Rouge Parish School Board derives its legal status from the State Legislature, which is subject to the Constitutions of the State of Louisiana and the United States.  The Legislature has been granted authority for creation of school boards by Article VIII, Section 9 of the Louisiana Constitution of 1974 which states:  "...The legislature shall create parish school boards and provide for the election of their members..."

The East Baton Rouge Parish School Board has been established as a body corporate charged with the establishment, maintenance, development and operation of an efficient public school program within the school district.  State and federal courts have held that the Board is vested with a broad range of administrative and supervisory authority commensurate with the aforementioned prescribed educational responsibilities.

Members of the East Baton Rouge Parish School Board are officers of the state.  The Board is the agency through which the school district acts in regard to school matters.  Board members have authority only when functioning as a body or group in a legally called regular or special meeting.  The powers of the Board are delegated only to the Board as a body.  No authority is granted to members acting as individuals.

The Board is cognizant that all actions must be taken in good faith, with reasonable prudence, sincerity and based on the belief that such actions are correct and in the best interests of the school district in accordance with the statutes, pertinent judicial precedents, and the Constitution of the United States.

In suits against the East Baton Rouge Parish School Board, citation shall be served on the President of the Board, and in his/her absence, on the Vice-President.

Ref:    Constitution of Louisiana, Art. VI, Sec 44; Art. VIII, Sec. 9, Art. XII, Sec. 10

La. Rev. Stat. Ann. §17:51

Hawthorne v. Jackson Parish School Board, 5 La. App. 508 (1927)

Wells v. St. Tammany Parish School Board, App. 1 Cir.1976, 340 So.2d 1022

East Baton Rouge Parish School Board