FILE:  AA

 

SCHOOL DISTRICT LEGAL STATUS

 

 

The Washington Parish School Board derives its legal status from the State Legislature which is subject to the Constitution of the State of Louisiana and the United States.  Accordingly, education is a state function.  This Board is subject to legislative action and acts as an agent for the state.  As this agent the:

 

". . . boards are therefore public corporations.  Their functions are exclusively of a public character, and their acts are performed solely for the public benefit." Bank of Winnfield v. Brumfield, 1929, 11 La.  App. 647 So. 628.

 

The school district is under the exclusive control and management of a School Board and is a separate school district.  This district shall be operated in accordance with 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.

 

The School Board shall expend local school funds to pay costs and to defend the School Board members and employees and to indemnify School Board members and employees for all awards of damages in any legal action which has arisen as a result of the discharge by the School Board members or employees of their official duties; however, local funds shall not be used for such purposes where School Board members have engaged in acts of official misconduct or have acted with provable malice toward any individual.

 

 

Ref:    Constitution of Louisiana Art. VIII, Sec. 9

La. Rev. Stat. Ann. §§17:51, 17:1371, 17:1372, 17:1373

 

Washington Parish School Board