Moreau v. Avoyelles Parish School Bd.

897 So. 2d 875, 2005 WL 545147
CourtLouisiana Court of Appeal
DecidedMarch 9, 2005
Docket04-1613
StatusPublished
Cited by9 cases

This text of 897 So. 2d 875 (Moreau v. Avoyelles Parish School Bd.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moreau v. Avoyelles Parish School Bd., 897 So. 2d 875, 2005 WL 545147 (La. Ct. App. 2005).

Opinion

897 So.2d 875 (2005)

Henry MOREAU and Geraline Moreau, et al.
v.
AVOYELLES PARISH SCHOOL BOARD.

No. 04-1613.

Court of Appeal of Louisiana, Third Circuit.

March 9, 2005.

*877 Rodney M. Rabalais, Attorney at Law, Marksville, LA, for Plaintiffs/Appellees, Henry and Geraline Moreau, et al.

Rémy V. Starns, Attorney at Law, Logansport, LA, for Defendant/Appellant, Avoyelles Parish School Board.

*878 Richard B. Easterling, Baton Rouge, LA, Amicus Curiae for Louisiana Charter School Association.

Robert L. Hammonds, Hammonds & Sills, Baton Rouge, LA, Amicus Curiae for Louisiana School Boards Association.

Court composed of Chief Judge ULYSSES G. THIBODEAUX and JIMMIE C. PETERS and MARC T. AMY, Judges.

PETERS, J.

The Avoyelles Public Charter School (Charter School) and a number of Avoyelles Parish residents and taxpayers who are also parents[1] of children attending the Charter School filed a mandamus action against the Avoyelles Parish School Board (School Board), seeking, among other relief, an order compelling the School Board to provide free transportation to and from the Charter School for its students who live more than one mile from the school. The School Board responded to this suit by filing an answer, a motion to require the plaintiffs to post a bond, and four exceptions. Following a hearing, the trial court rejected the School Board's motion for bond and all of the exceptions and issued the requested writ.[2] The trial court then designated the judgment as a final judgment for the purposes of appeal, and the School Board timely perfected this appeal, asserting three assignments of error. The plaintiffs answered the appeal, seeking an award of attorney fees for the work performed on appeal.[3] For the following reasons, we affirm the trial court's judgment in all respects and reject the plaintiffs' request for an award of attorney fees.

DISCUSSION OF THE RECORD AND UNDISPUTED FACTS

The Charter School and the parents filed the mandamus action on September 2, 2004, and the trial court disposed of the exceptions and preliminary motion and granted the writ of mandamus at a September 9, 2004 hearing. The hearing produced a sparse evidentiary record, but certain matters are not disputed by the parties.

The basic law applicable to the dispute now before us is found in the General School Law, La.R.S. 17:1, et seq. That series of statutes creates, among other legal entities, the Louisiana State Board of Elementary and Secondary Education (BESE Board) as a corporate body with supervisory authority over the state educational system in such matters as administration, educational curriculum, teacher certification, testing procedures, organization, services, and finances. La.R.S. 17:1, 6, and 7. It also creates parish school boards as corporate bodies with authority to administer the public schools within their territorial jurisdictions. La.R.S. 17:51, et seq.[4] The School Board derives its existence from this statutory authority.

The Charter School Demonstration Programs Law, enacted by 1997 La. Acts *879 No. 477, § 1, is found in the General School Law at La.R.S 17:3971, et seq. Its purpose is to provide the educational community with a framework for creative educational experimentation designed to improve the overall educational system. La.R.S. 17:3972. When originally enacted, La.R.S. 17:3973(2) provided for the creation of four types of charter schools.[5] Of the four types, only the Type 2 charter school does not provide for the local school board's involvement as a party to the charter agreement creating the school. La.R.S. 17:3973(2)(b). Its existence is based on a charter entered into between the BESE Board and a nonprofit corporation formed to operate the school. La.R.S. 17:3973(2)(b)(ii). Thus, a Type 2 charter school is the exception to the general rule that the local school board has the administrative authority over the public schools within its jurisdictional boundaries. The Charter School is a Type 2 school, and it opened its doors in Avoyelles Parish in the fall of 2000. By the beginning of the 2004 academic year, it had expanded its activities to offer educational opportunities to students from kindergarten through the ninth grade.

Initially, the School Board provided the Charter School students free transportation to and from school, but from the beginning the two legal entities were at odds concerning the cost of this transportation and the party responsible for that cost. Because the School Board and the Charter School were unable to reach an agreement on this issue, on May 11, 2004, the School Board applied to the BESE Board for relief from its transportation obligation.

In the first sentence of its application to the BESE Board, the School Board stated: "Please accept this letter as the School Board's formal request that BESE exercise its authority pursuant to Statute and excuse the School Board from providing free transportation to the Avoyelles Public Charter School (`Charter School') for economically justifiable reasons." However, in summarizing the request for relief at the end of the application, the School Board stated the following:

BESE can and should exercise its authority pursuant to La.R.S. 17:158 H and excuse the Avoyelles Parish School Board from any free transportation requirement regarding pupils of the Avoyelles Public Charter School for economically justifiable reasons and allow the Avoyelles Parish School Board to charge its actual costs, $3.36 per pupil per day, in remuneration for its services.

(Emphasis added.)

The BESE Board heard the application on June 17, 2004, and, on that day, took the matter under advisement and issued an interim ruling as follows:

On motion of Dr. Stafford, seconded by Ms. Johnson, the Board directed that the Department request an Attorney General's Opinion concerning the authority of BESE to authorize a local school district to charge a fee to transport students to a charter school pursuant to R.S. 17:158. Avoyelles Parish shall continue to provide transportation to the Avoyelles Public Charter School pending the Attorney General Opinion. Further, the Board directed BESE staff to provide a list of the school systems that are currently providing transportation to a charter school, what schools systems are charging a fee, and the amount for transportation.

With the 2004-2005 academic year fast approaching, the School Board chose not *880 to follow the directive of the BESE Board or to await the BESE Board decision on its application for relief. Instead, in August of 2004, the School Board advised the Charter School that, unless it agreed to pay the School Board the amount it was demanding for transportation costs on or before September 17, 2004, all transportation services furnished by the School Board to the Charter School would be terminated effective that date. This unilateral action on the part of the School Board prompted the filing of the instant suit, and it was on this state of affairs that the application for mandamus was heard.

In its three assignments of error asserted on appeal, the School Board argues that the trial court erred in (1) issuing the writ of mandamus because the School Board owes no transportation obligation to the Charter School, (2) rejecting its exception of no cause of action, and (3) rejecting its exception of no right of action.

OPINION

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Opinion Number
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