A - School District Organization
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AA School District Legal Status

AB

School Board Legal Status
ABA Authority
ABB Powers and Duties
ABC Board Members Legal Status
ABCA Number of Members
ABCB Qualifications
ABCC Term of Office
ABCDA Unexpired Term Fulfillment
ABD School Superintendent Legal Status
AC School District Organization
AE School Year
AF School Day
AFC Emergency Closing of Schools

 

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SCHOOL DISTRICT LEGAL STATUS  

          The Calcasieu 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 8, 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..."  School boards, in turn, have been empowered to create school districts or attendance areas of the parish as a whole or any part thereof.

          The school district is under the exclusive control and management of the Calcasieu Parish School Board, a body duly authorized by the State Legislature.  Consequently, the Board is responsible for the general administration and supervision of the parish schools and shall operate the school system in accordance with all applicable constitutional and statutory provisions.  Responsibility for interpreting these provisions shall lie with the School Board, except where formal interpretation of such provisions has been made by the courts or other constituted authority.

Ref:    U.S. Const. Amend. X; U.S. Const. Amend XIV, Sec. 1; Constitution of Louisiana Art. VIII, Sec. 9; La. Rev. Stat. Ann.  §§17:51, 17:1371, et. seq.; Wisconsin v. Yoder, 92 S.Ct. 1526 (1972); Milliken v. Bradley, 94 S.Ct. 3112 (1974); Dayton Board of Education v. Brinkman, 97 S.Ct. 2755 (1977); Hawthorne v. Jackson Parish School Board, 5 La. App. 508 (1927).

        

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SCHOOL BOARD LEGAL STATUS

        The Constitution of Louisiana places the responsibility for establishing and maintaining an efficient system of public schools on the State Legislature.

        The Calcasieu 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 Calcasieu 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 and pertinent judicial precedents.

Ref:  Constitution of Louisiana, Art. VIII, Sec. 9; La. Rev. Stat. Ann. §§17:51, 17:1271, et seq.; Hawthorne v. Jackson Parish School Board, 5 La. App. 508 (1927).


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AUTHORITY

        The School Board is responsible for the creation, operation, and appraisal of public education in Calcasieu Parish.  The Board has the authority to determine and establish written policies and to evaluate their effectiveness.  It shall also act as an appraisal body sitting in judgement on recommendations that may come to it which concern the progress and improvements of the schools.  The function of the School Board shall not be to operate the schools, but to see that they are operated for the best interests of the children and taxpayers.  The School Board may also make recommendations and regulations for its own government not inconsistent with law or with the regulations of the Louisiana State Board of Elementary and Secondary Education, as it may deem proper.

Ref:  Constitution of Louisiana; La. Rev. Stat. Ann. §§17:51, 17:81.

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POWERS AND DUTIES

        The Calcasieu Parish School Board is vested with the responsibility and authority to establish policies for the administration and management of the schools in the school district.  The Board shall act as a legislative body in the determination of policies for the control, operation, maintenance and improvement of the school system in keeping with the needs of the communities of the parish and applicable state laws.  On certain occasions the Board shall also serve as a judicial body to hear complaints and appeals of administrative decisions for employees, publics and/or patrons.

        The Board shall be responsible for carrying out all mandatory laws pertaining to education and shall consider, accept or reject provisions of permissive legislation where discretion is so authorized.  In all cases where constitutional mandates, federal and/or state statutes, judicial precedents or regulations of duly recognized governmental agencies do not otherwise provide or prohibit, the Board shall consider itself the agent responsible for establishing and appraising the educational activities of the school district.

        The specific duties of the School Board shall include, but not be limited to the following:

  1. To select the person to serve as the chief executive officer and Superintendent of the school district and support such person in the discharge of his duties;

  2. To establish, approve and evaluate policies relating to the operation of the public schools;

  3. To adopt a calendar of school events for each ensuing year, which shall be distributed to the teachers and others as deemed necessary;

  4. To adopt the annual budget, consider and approve payrolls, and approve expenditures of funds as recommended by the Superintendent;

  5. To consider reports of transacted business and its relation to the financial status of the system;

  6. To approve all school district personnel appointment procedures;

  7. To determine salary schedules and other personnel policies;

  8. To consider reports of the Superintendent on the progress of the schools and advise him on recommended changes in the educational program;

  9. To adopt plans for structural improvements and determine the means to finance them; and

  10. To inform the citizens of the parish and the Legislature of the needs of the schools.

Ref:  La. Rev. Stat. Ann. §§17:20, 17:51, 17:81, 17:84, 17:85, 17:88, 17:95, 17:97, 17:101 et seq., 17:158, 17:1373, 38:2211, 38:2212.

 

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BOARD MEMBERS LEGAL STATUS

        The legal status of each duly appointed or elected member of the School Board is that of a public official who cannot be removed from his office except as provided by state law.  The legal obligations pursuant to each Board member shall not commence until he has been duly elected or appointed and officially taken office.  His official capacity as a Board member shall continue until the expiration of his term in office, unless otherwise vacated.

        Such status does not authorize said member to act for or bind the Board individually.  The powers and duties vested in the School Board shall only be exercised by action of the Board as a whole at duly called and organized meetings.  In this respect, no motion or resolution shall be declared adopted without the concurrence of a simple majority of the Board present and voting, unless otherwise stipulated.

        While Board members may enjoy a degree of immunity from damage suits, individual Board members are not absolutely free from liability.  The members may not be immune from liability, especially civil rights cases, if actions taken were presumed to be legal and resulted in deprivation of rights, or if they knew or reasonably should have known that their actions taken were unconstitutional, or if such actions were taken with malicious intent to cause a deprivation of rights.  Moreover, liability may be equally applicable, not just from policies, ordinances, regulations, or decisions officially adopted by the Board, but also for a custom or standard practice or procedure, even though such Calcasieu Parish a custom, practice or procedure has not received formal Board approval.

Ref:  Constitution of Louisiana, Art. VIII, Sec. 9, La. Rev. Stat. Ann. §§17:51, 17:52, 17:81; Wood v. Strickland, 95 S.Ct. 992 (1975); Monell v. Department of Social Services of New York, 98 S.Ct. 2018, 2035-36 (1978); Owen v. City of Independence, Mo., 98 S.Ct. 3318 (1978).

 

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NUMBER OF MEMBERS

        The Calcasieu Parish School Board shall be composed of fifteen (15) members elected by qualified voters of each electoral district.

Ref:  La. Rev. Stat. Ann. §§17:52, 17:71.2, 17:71.3, 17:81.

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QUALIFICATIONS FOR SCHOOL BOARD MEMBERS

        Persons eligible to serve as members of the School Board shall have the following minimum qualifications:

  1. A Board member shall have attained the age of eighteen (18).

  2. A Board member shall be a resident of the election district for the preceding year, with limited exception.

  3. A Board member shall have resided in the state for the preceding two (2) years. 

  4. A Board member shall be able to read and write.

  5. A Board member shall not be serving on certain other boards specified in the Constitution of Louisiana.

  6. A Board member shall have affirmed to the prescribed oath.

        It is desirable that members of the Board have a genuine interest in and devotion to public education; a willingness to give time and effort to the work; a capacity for understanding people; and the ability to work cooperatively with others.

        Each Board member should recognize that he is a public official charged with an important responsibility.  In view of the fact that Board members are elected to their position, each member has a responsibility to the voters who have elected him; however, representation should serve the best interest of the school system as a whole rather than that of a single district.

Ref:  Constitution of Louisiana, Art. VIII, Sec. 8(a); La. Rev. Stat. Ann. §§17:52, 17.71.2, 17:71.3, 42:141.

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TERM OF OFFICE

        All members of the Calcasieu Parish School Board shall serve for four-year concurrent terms.  School Board members shall be elected at the same time as members of the United States Congress are elected to office.

        The term of each member shall begin on January 1, following his election and expire on December 31, four (4) years later.

Ref:  La. Rev. Stat. Ann. §§17:52, 17:71.2, 17:71.3.

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UNEXPIRED TERM FULFILLMENT

        All vacancies in the membership of the School Board caused by death, resignation, or otherwise, shall be filled within ten (10) days by appointment of a qualified person by the remaining members of the Board, for the unexpired term.  If the unexpired portion is more than one year, however, a special election shall be called in accordance with and on a date stipulated by state law.  If a special election is called, the appointed member shall serve until a successor is elected and has taken the prescribed oath of office.

        In addition to the above, a vacancy shall be deemed to have occurred when a member becomes domiciled outside or changes his domicile from the district he represents.

Ref:  Constitution of Louisiana, Art. VI, Sec. 13; La. Rev. Stat. Ann. §§18:402, 18:581(1), 18:602.

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SCHOOL SUPERINTENDENT LEGAL STATUS

        The Superintendent of the Calcasieu Parish School Board is a constitutional school officer as provided in the Constitution and laws of the State of Louisiana.  As such, he has certain authorities and functions which are provided for by law.

        The Superintendent shall be the chief executive officer and secretary of the Calcasieu Parish School Board.  He shall be responsible to the Board for the efficient administration of the school district according to the laws governing the school district and the policies which are adopted by the State Board of Elementary and Secondary Education and the Calcasieu Parish School Board.  His discharge of duties shall be of such a caliber as to assure that the quality of the school district's educational program is consonant with legislative intent, needs of students and employees and commensurate with changing needs of the local citizenry.

        He shall keep, or cause to be kept, an accurate copy of all minutes in an official minute book reflecting all business of the Board conducted at regular or special meetings.  As Secretary of the Board, the Superintendent shall see that copies of all minutes are provided to all Board members and that the official Board minutes are made available for public examination in accordance with state law.

        Upon being found incompetent, inefficient, or unworthy, and after due notice of charges against him, and further, after taking steps in compliance with generally recognized "due process" procedures, the Superintendent shall be removed from office by a Calcasieu Parish majority vote of the membership of the Board at any regular or special meeting.

Ref:  Constitution of Louisiana, Art. VIII, Sec. 9, La. Rev. Stat. Ann. §§17:54, 17:81, et seq.

 

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SCHOOL DISTRICT ORGANIZATION

        The schools within Calcasieu Parish shall be organized into an arrangement that will provide all children in the parish an opportunity to develop their educational potential to the maximum extent possible.  The Board shall require the educational organization of the schools to remain flexible so that new patterns of organization may be implemented as may become necessary, to suit community needs and resources.

        The Board is authorized to reorganize the schools and to determine and fix the number of grades to be taught at each school in accordance with the dictates of the public and best interests of the students of Calcasieu Parish.

Ref:   La. Rev. Stat. Ann. §§17:81, 17:151, 17:151.1.  

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SCHOOL YEAR

The School Board shall annually adopt a school calendar calling for a minimum session of 182 days, of which at least 177 days shall be scheduled to provide the required instructional time. The School Board may authorize some or all of its schools to modify the number of instructional days per year provided the total number of instructional minutes per year is no less than the minimum number of instructional minutes per day multiplied by the minimum number of instructional days required by law. The Board may designate certain days for in-service training, reporting to parents, emergencies and other activities which the Board deems appropriate and necessary.

Should the number of days a school is closed result in less than the minimum number of days of school with student attendance required by the State Department of Education, the School Board reserves the right to make up the days missed or to request that the Board of Elementary and Secondary Education make an exception to the minimum number of days of school attendance required.

Revised: August, 2001

Ref: La. Rev. Stat. Ann. ''17:154, 17:154.1, 17:154.3; Louisiana Handbook for School Administrators, Bulletin 741, State Department of Education; Board minutes, 4-1-03.
 

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SCHOOL DAY

The Calcasieu Parish School Board shall require every school under its jurisdiction to conduct a minimum daily session of not less than 360 minutes of instructional time, exclusive of all recesses, provided that this shall not be construed as to prevent half-day sessions where the school accommodations are insufficient for all pupils of the system in a whole day session. Two (2) or more partial days may be combined to meet the minimal school year requirement of 177 days of 360 minutes of instructional time. The class schedule shall be altered to assure all classes are conducted during partial days.

The school day shall include, by definition, the daily period of time established by the School Board as the official operating hours of the school for administrative and instructional purposes, as well as co-curricular activities.

The School Board shall require each elementary school to dedicate any instructional time beyond that offered during the 1997-98 school year to the study of those subjects for which content standards have been adopted by the State Board of Elementary and Secondary Education. Specific emphasis shall be placed in the lower grades on teaching mathematics and reading or language arts.


Revised: August, 2001

Ref: La. Rev. Stat. Ann. ''17:154, 17:154.1, 17:154.3; Louisiana Handbook for School Administrators, Bulletin 741, State Department of Education; Board minutes, 4-1-03.

 

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                               EMERGENCY CLOSING OF SCHOOLS

        The Superintendent shall be authorized to announce the closing of schools if prevailing or potential hazards threaten the safety and well-being of pupils, staff, or school property.  The decision to close schools shall be made by the Superintendent after conferring, when administratively feasible, with members of the School Board and other community agencies responsible for the safety and well-being of the community. 

        Public announcements and releases to news media shall be made or approved by the Superintendent or his authorized designee.  Each Board member shall also be notified of any school closing.

Ref:  La. Rev. Stat. Ann. §17:81.

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