Darnette Daniels, Individually and on Behalf of Her Minor Child, Tayler McClendon v. State of Louisiana, Board of Elementary and Secondary Education, Orleans Parish School Board, New Beginnings Schools Foundation, and Tensquare, LLC

Louisiana Court of Appeal·Decided September 16, 2025·No. 2024-CA-0833·Published

Opinion

DARNETTE DANIELS, * NO. 2024-CA-0833 INDIVIDUALLY AND ON BEHALF OF HER MINOR * CHILD, TAYLER COURT OF APPEAL MCCLENDON * FOURTH CIRCUIT

VERSUS * STATE OF LOUISIANA

STATE OF LOUISIANA, ******* BOARD OF ELEMENTARY AND SECONDARY EDUCATION, ORLEANS PARISH SCHOOL BOARD, NEW BEGINNINGS SCHOOLS FOUNDATION, AND TENSQUARE, LLC

APPEAL FROM

CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2019-06895, DIVISION “B”

Honorable Marissa Hutabarat, ******

Chief Judge Roland L. Belsome ******

(Court composed of Chief Judge Roland L. Belsome, Judge Rosemary Ledet, Judge Nakisha Ervin-Knott) LEDET, J., CONCURS IN THE RESULT. ERVIN-KNOTT, J., CONCURS IN THE RESULT. Suzette P. Bagneris Emile A. Bagneris, III THE BAGNERIS FIRM, LLC 1929 Jackson Avenue New Orleans, LA 70113 COUNSEL FOR PLAINTIFF/APPELLEE

Claudia C. Wimberly Peter Stephan Koeppel Natasha Z. Wilson Michael A. Triay Chad P. Favre KOEPPEL, LLC 2030 St. Charles Ave. New Orleans, La 70130 COUNSEL FOR DEFENDANT/APPELLANT SEPTEMBER 16, 2025

AFFIRMED

RLB New Beginnings School Foundation (“NBSF”) and its insurers (collectively, “Appellants”) appeal the July 17, 2024 judgment of the trial court certifying and defining a group of claimants as a class and approving class representatives and counsel. This class action is brought to address claims of certain students of John F. Kennedy High School (“Kennedy”), their parents and guardians (referred to herein as “Appellees”). Appellees allege that they suffered damages that were caused by fraud, negligence, and gross mismanagement of the educational process at the school. Although other defendants were named in the original petition, all were dismissed1 except Appellants. For reasons that follow below, we affirm the trial court’s judgment.

PROCEDURAL HISTORY AND STATUS The original petition in this case was filed July 1, 2019. Appellees amended and supplemented the original petition three times. In the original and all amending petitions, Appellees asserted that the NBSF’s gross mismanagement of Kennedy High School caused them a variety of damages. In particular, the petition (as amended) alleges that NBSF failed to maintain staff and teachers; overused 1 Original defendants, Orleans Parish School Board, Louisiana Department of Education, and

TenSquare, L.L.C. were dismissed voluntarily by Appellees prior to the trial of the motion for class certification.

substitute teachers; mismanaged school finances; falsified contracts that affected school operations; failed to learn the policies and practices of the Louisiana Department of Education (“LDE”) regarding successful matriculation from high school; negligently provided students with incorrect information regarding graduation credits; and misused a computer-based learning program titled “GradPoint”2 in a manner that disqualified students from getting course credits even when they completed the assigned work. At the trial of the motion for class certification (“the Trial”), evidence was offered that NBSF personnel had falsified student records and misled auditors who were sent by the Orleans Parish School Board (“OPSB”) and the LDE to investigate the same complaints made by Appellees.

The Trial was conducted over the course of six days. Appellants contested the certification on every prerequisite set forth in La. C.C.P. art. 591. After the Trial, the parties submitted memoranda. The class, as certified by the trial court, was defined as:

Those persons who were either a parent/legal guardian of a student, or a student who attended John F. Kennedy High School at Lake Area in New Orleans during the 2018-2019 school year, and were either (a) a member of the Class of 2019 or (b) a member of the Class of 2020, who claim to have suffered damages as a direct and proximate result of New Beginnings School Foundation’s management and operation of Kennedy.

The class certification judgment named five individuals who fit the definition above as class representatives.

2 GradPoint is a program designed to permit students to quickly retake a course in which they

had previously failed. The program rules require the presence and supervision of an accredited teacher during times when the student is studying and testing. Appellees alleged that the students were not informed of this requirement and that the students who used the program were not supervised by their teachers.

On this appeal, Appellants contest the creation and definition of the class as created by the district court. APPELLATE REVIEW STANDARD A judgment certifying a class necessarily combines findings of fact and conclusions of law. “The standard of review for class certification is bifurcated: factual findings are reviewed under the manifest error/clearly wrong standard, but the trial court's judgment on whether to certify the class is reviewed by the abuse of discretion standard.” Robert v. State through Governor Division of Administration, 2023-0397, p.6 (La. App. 4 Cir. 12/6/23), 381 So. 3d 715, 723 (citations omitted). In making these determinations, the court must be guided by the principle that the sole issue for determination is whether class action is the proper procedural device. An appellate court may not consider whether plaintiffs are likely to prevail on the merits of their claims. That calculation is irrelevant to the creation and definition of a class of litigants. Id. We are also instructed that:

Any errors to be made in deciding class action issues should be in favor of and not against the maintenance of the class action, because a class certification order is always subject to modification or decertification, “if later developments during the course of the trial so require.” McCastle, 456 So.2d at 620. To that end, La. Code. Civ.

Proc. art. 592(A)(3)(d) provides the trial court “may alter, amend, or recall its initial ruling on certification and may enlarge, restrict, or otherwise redefine the constituency of the class or the issues to be maintained in the class action.” La. Code. Civ. Proc. art. 592(A)(3)(d).

Nonetheless, the trial court should evaluate the case closely before certifying the class in light of the consequent burdens of giving notice and additional discovery. See Dupree, 09–2602 at p. 7, 51 So.3d at 680.

Baker v. PHC-Minden, L.P., 2014-2243, p.11 (La. 5/5/15), 167 So. 3d 528, 537–38 (emphasis in original).

THE TRIAL COURT’S FINDINGS OF FACT We begin our review with a summary of the most pertinent facts found by the trial court.

NBSF is a private, Louisiana non-profit corporation that contracted with the OPSB to operate Kennedy as permitted by La. Rev. Stat.§ 17:3971, et seq. As early as the 2015-2016 school year, when members of the graduating class of 2019 were still freshmen, NBSF and Kennedy school administrators knew that some issues would hamper some students from graduating timely. Kennedy guidance counselor, Ashlei Delarge (“Ms. Delarge”) conducted a school-wide audit of students and graduation requirements. Ms. Delarge's audit revealed that: (1) a significant number of students were missing core curriculum requirements; (2) some students who had transferred into Kennedy were missing transcripts; (3) some students had either failed to pass required classes or had not taken the end-of- class exam; (4) student data was not transferred to the new system when Kennedy changed software during the 2015-2016 school year; (5) NBSF created student class schedules without assessing the individual needs of the students regarding course offerings each year; (6) NBSF made frequent administrative personnel changes that hindered the process of following up plans to address the matriculation issues, which intensified the on-going scheduling and course offering issues; and (7) the administration routinely used GradPoint instead of full course offerings3 to meet students' core curriculum requirements.

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Darnette Daniels, Individually and on Behalf of Her Minor Child, Tayler McClendon v. State of Louisiana, Board of Elementary and Secondary Education, Orleans Parish School Board, New Beginnings Schools Foundation, and Tensquare, LLC, (La. Ct. App. 2025).

Darnette Daniels, Individually and on Behalf of Her Minor Child, Tayler McClendon v. State of Louisiana, Board of Elementary and Secondary Education, Orleans Parish School Board, New Beginnings Schools Foundation, and Tensquare, LLC (Darnette Daniels, Individually and on Behalf of Her Minor Child, Tayler McClendon v. State of Louisiana, Board of Elementary and Secondary Education, Orleans Parish School Board, New Beginnings Schools Foundation, and Tensquare, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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