§81. General powers of local public school boards
A.(1) Each local public school board shall serve in a policymaking capacity that is
in the best interests of all students enrolled in schools under the board's jurisdiction. When
establishing board policies, each board shall prioritize student achievement, financial
efficiency, and workforce development on a local, regional, and statewide basis. When
choosing a local superintendent of schools, each board shall select a leader who shall
prioritize student achievement and act in the best interests of all students enrolled in schools
under the board's jurisdiction.
(2) Each local public school board shall determine the number of schools to be
opened, the location of school houses, and the number of teachers and other school personnel
to be employed. The local school superintendent shall have authority to employ teachers by
the month or by the year, and to fix their salaries; provided that there shall be no
discrimination as to sex in the fixing thereof and provided further, that it is not the purpose
of this Section to require or direct the reduction of any salary, or salary schedule, presently
in force. The local school superintendent shall see that the provisions of the state school law
are complied with.
(3) Each local public school board shall delegate authority for the hiring and
placement of all school personnel, including those for which state certification is required
to the local school superintendent. It shall be the responsibility of the superintendent to
ensure that all persons have proper certification, as applicable, and are qualified for the
position. However, at any point in the final three months of the superintendent's contract,
if he has been placed on notice that the school board has voted not to offer him a new
contract and an interim superintendent has been selected in accordance with R.S. 17:54, such
delegation shall extend to the interim superintendent without action of the school board.
(4) Each local public school board shall adopt policies for and establish procedures
which require a local school superintendent to:
(a) Delegate to the principal all decisions regarding the hiring or placement of any
teacher or other personnel at the school in which the principal is employed, subject to the
approval of the local school superintendent.
(b) Consult with teachers prior to making any decisions regarding the hiring or
placement of a principal at the school in which such teachers are employed. Any
recommendations made by teachers shall not be binding upon the superintendent but shall
be considered by the superintendent when making employment decisions.
(5) Any policies and procedures adopted by a local public school board pursuant to
the provisions of this Subsection shall be in accordance with all laws, all state rules,
regulations, and policies relative to certification of teachers and other personnel, and any
court order or restrictions relative to desegregation.
(6) The superintendent and the school principal shall make all employment- related
decisions based upon performance, effectiveness, and qualifications as applicable to each
specific position. Effectiveness, as determined pursuant to R.S. 17:3881 through 3905, shall
be used as the primary criterion for making personnel decisions; however, in no case shall
seniority or tenure be used as the primary criterion when making decisions regarding the
hiring, assignment, or dismissal of teachers and other school employees.
(7)(a) Any person purporting to enter into any contract on behalf of the school
district or schools under the board's jurisdiction, including but not limited to contracts with
vendors or contracts of membership in any private or quasi-public entity, shall do so in
compliance with policies and procedures adopted by the local public school board in effect
at the time the contract is executed.
(b) The provisions of this Paragraph shall not apply to any contract in effect on July
31, 2016, but shall apply to any new contract or renewal or extension of an existing contract
executed on or after August 1, 2016.
B. Each school board may permit school buildings to be used outside of regular
school hours for academic purposes including but not limited to tutoring and study hall. The
board shall adopt rules and regulations governing the terms and conditions, including fees
if any, under which such buildings shall be used.
C. Each city or parish school board is authorized to make such rules and regulations
for its own government, not inconsistent with law or with the regulations of the State Board
of Elementary and Secondary Education, as it may deem proper.
D.(1) The regular meetings of each city and parish school board shall be held at least
once each month on such day as each board shall select. Additional regular meetings may
be held as each board designates. Special meetings may be held as boards determine or as
occasion may require.
(2) However, if a city or parish school board fails to hold a public meeting at least
once during a calendar month, registered voters of the district may petition the board to hold
a public meeting. Within five calendar days of receipt of such a petition by the president of
the board or, if he is unavailable, by any other board member containing the names of at least
one hundred registered voters of the district, the board shall hold a public meeting. The
members of a city or parish school board that fails to meet as required by this Paragraph shall
not be entitled to compensation or per diem for that month.
E.(1) Each city or parish school board shall exercise proper vigilance in securing for
the schools of the district all funds destined for the support of the schools, including the state
funds apportioned thereto, and all other funds.
(2) Notwithstanding any other provision of law or rule or regulation to the contrary,
a city or parish school board shall have the authority, if otherwise applicable, to apply for,
receive, and expend funds from public and private sources that are or may be made available
to certain classes of child care providers and to administer in elementary schools under the
board's jurisdiction, child care programs related to such funding. Additionally, any public
college or university offering preschool educational programs shall have the authority, if
otherwise applicable, to apply for, receive, and expend funds from public and private sources
that are or may be made available to certain classes of child care providers and to administer,
in facilities under its jurisdiction, child care programs related to such funding. Nothing in
this Paragraph shall be construed to affect the authority of any approved nonpublic school
to apply for and administer such funds.
(3) Notwithstanding any other provision of law or rule or regulation to the contrary,
a city or parish school board shall have the authority, if otherwise applicable, to apply for,
receive, and expend funds from public and private sources that are or may be made available
for after-school child care programs and to provide for the administration in schools of
programs related to such funding. Additionally, any public college or university offering
preschool educational programs shall have the authority, if otherwise applicable, to apply for,
receive, and expend funds from public and private sources that are or may be made available
for after-school child care programs and to administer, in facilities under its jurisdiction,
after-school child care programs related to such funding. Nothing in this Paragraph shall be
construed to affect the authority of any approved nonpublic school to apply for and
administer such funds.
F. The secretary of each city and parish school board shall keep a record of all
transactions and proceedings of the board.
G. City and parish school boards may receive land by purchase or donation for the
purpose of erecting school houses; provide for and secure the erection of same, construct
such outbuildings and enclosures as shall be conducive to the protection of property, and
make repairs and provide for the necessary furniture, equipment and apparatus.
H. City and parish school boards have the power to recover for any damage that may
be done to the property in their charge; they may change the location of a school house, sell
or dispose of the old site, or of any site which for any reason can no longer be used or which
is unused and unnecessary or unsuitable as such, and use the proceeds thereof for procuring
a new one. Provided that the Orleans Parish School Board shall have authority to prescribe
the rules and regulations to govern the building, equipping and repairing of school houses,
and the dates of the meetings of that board.
I. Repealed by Acts 2012, No. 1, §4, July 1, 2012.
J.(1) Each city and parish school board may purchase appropriate metal detection
devices and shall provide training to school administrators consistent with that provided as
required in Paragraph (3) of this Subsection if metal detectors are going to be used in the
system.
(2) The State Board of Elementary and Secondary Education shall develop a plan for
using metal detection devices for random weapon searches in elementary and secondary
schools and shall submit it to the attorney general for approval. The attorney general shall
periodically review the plan as changes in the law in relation to random searches occur.
(3) The board shall provide the approved plan to each city and parish school board
and shall provide training on the use of metal detectors and other techniques for weapon
searches to system administrators that is consistent with the approved plan.
K.(1) Notwithstanding any other provision of law or rule or regulation to the
contrary, any city or parish school board member and any other person authorized pursuant
to written policy of a city or parish school board shall have the right to examine any or all
records of the school system except school employee records relative to evaluations,
observations, formal complaints, and grievances.
(2) Notwithstanding any other provision of law or rule or regulation to the contrary,
any city or parish school board, upon a majority vote of the authorized board membership,
shall have the right to examine any or all records of the school system.
(3) Should an employee's personnel file be accessed by the city or parish school
board, the employee whose file was so accessed shall receive written notice of such action,
and the individual city or parish school board members shall maintain the confidentiality of
any documents in the file so examined.
L. Repealed by Acts 2011, 1st Ex. Sess., No. 41, §2.
M.(1) Notwithstanding any provision of law to the contrary and in addition to the
authority provided by Chapter 2-A of Code Title II of Code Book III of Title 9 of the
Louisiana Revised Statutes of 1950 relative to the creation of a public trust, a public trust
having a city or parish school board as its beneficiary may be created to be funded by surplus
revenues of the beneficiary school board and with the use of income produced by the trust
restricted to meeting the capital outlay needs of the school system, including but not limited
to the purchase of school buses, the construction or acquisition of school buildings and
facilities, or both, and the funding of nonrecurring projects to improve instructional services
to students in the classroom.
(2) The provisions of Chapter 2-A of Code Title II of Code Book III of Title 9 of the
Louisiana Revised Statutes of 1950 applicable to the creation of a public trust having a
political subdivision of the state as the trust beneficiary also shall apply to a public trust
created in accordance with the provisions of this Subsection except as follows:
(a) Creation or amendment of the public trust shall not require the express approval
of the State Bond Commission.
(b) The public trust shall have no authority to incur debt or issue bonds or other
financial obligations.
N. Notwithstanding any provision of law to the contrary, each city, parish, or other
local public school board shall adopt a policy under which the school board and school board
employees may disclose education records or information from education records, without
the consent of the parent or guardian of the student who is the subject of the records, to state
and local law enforcement officials and other officials within the juvenile justice system. No
school board or school board employee shall be liable for the disclosure of any information
in accordance with a policy adopted pursuant to this Subsection. Each policy which is
adopted pursuant to this Subsection shall contain or comply with each of the following
provisions:
(1) The disclosure of the education records or of the information from the education
records must be to state or local law enforcement officials or to other officials within the
juvenile justice system.
(2) The disclosure must comply with the provisions of the policy which is adopted
pursuant to this Subsection.
(3) The disclosure must relate to the ability of the juvenile justice system to serve,
prior to adjudication, the student whose records or whose information is to be disclosed.
(4) The officials to whom the records or the information are disclosed shall certify
in writing that that person, and any agency or organization with which that person is
affiliated, will keep the personally identifiable portions of the records or the information
confidential and will not disclose the personally identifiable portions of the records or the
information to any person or agency or organization except a person or agency or
organization within the juvenile justice system who or which has an independent right to that
information.
(5) Any other provisions which are necessary to comply with federal law or rules.
O.(1) Each city, parish, or other local public school board shall adopt policies and
procedures providing leave with pay for any school system employee who is an elected
member of the board of trustees of the Teachers' Retirement System of Louisiana or the
board of trustees of the Louisiana School Employees' Retirement System, an elected or
appointed member of the State Board of Elementary and Secondary Education, or an
appointed member of any task force, commission, or other advisory body established by the
State Board of Elementary and Secondary Education so that such employee may attend
meetings of the entity and any committees thereof on which the employee serves.
(2) The policies and procedures provided for by this Subsection may require that the
employee provide notice to the school system of the dates and times of all meetings of the
entity and any committees thereof on which the employee serves that are scheduled to occur
on a regular basis and provide reasonable notice to the system of any special or otherwise
unscheduled meeting. Such policies and procedures also may require that the employee
apply for leave in a timely manner and provide documentation that the leave granted was
used for the purposes for which requested.
P.(1) No board member shall act in an individual capacity to use the authority of his
office or position as a member of the school board in a manner intended to interfere with,
compel, or coerce any personnel decision made by the superintendent or a school principal,
including the hiring, promotion, discipline, demotion, transfer, discharge, or assignment of
work to any school employee. The superintendent, as the instructional leader of the district
and its chief executive officer, shall have primary responsibility for personnel actions in the
district.
(2) No board member shall use the authority of his office or position as a member
of the school board in a manner intended to interfere with, compel, or coerce any school
employee to make any decision concerning benefits, work assignment, or membership in any
organization.
(3) If a board member successfully defends himself against any allegation of a
violation of this Subsection, the school board shall pay attorney fees and all other legal fees
associated with his defense.
Q.(1) Each city, parish, or other local public school board shall formulate, develop,
adopt, and implement, by not later than November 15, 2009, policies, procedures, and
practices applicable to school system employees relative to an electronic communication by
an employee at a school to a student enrolled at that school.
(2) The policies, procedures, and practices required by Paragraph (1) of this
Subsection, at a minimum, shall:
(a) Define electronic communication. The definition shall recognize the multiple
means available for making such a communication, both those that facilitate direct
communication, including but not limited to voice or text-based telecommunication devices,
or both, and computers, and those that facilitate indirect communication using an
intermediate method, including but not limited to Internet-based social networks.
(b) Require that all electronic communication by an employee at a school to a student
enrolled at that school relative to the educational services provided to the student shall use
a means provided by or otherwise made available by the school system for this purpose and
prohibit the use of all such system means to electronically communicate with a student for
a purpose not related to such educational services except communication with an immediate
family member if such communication is specifically authorized by school board policy.
(c)(i) Specify that the occurrence of any electronic communication made by an
employee at a school to a student enrolled at that school or that is received by an employee
at a school from a student enrolled at that school using a means other than one provided by
or made available by the school system shall be reported by the employee in a manner
deemed appropriate by the school board. Records of any such reported communication shall
be maintained by the school board for a period of at least one year.
(ii) In providing for the manner and frequency of reporting required by this
Subparagraph, the board may authorize a school principal, or his designee, to permit an
employee at the school to contact one or more specifically identified students enrolled at the
school and be contacted by such student or students using a means other than one provided
by or made available by the school, provided the employee has requested and received
permission from the principal, or his designee, to do so and has provided documentation in
writing to the principal, or his designee, stating the purpose or purposes for such contact.
Such purposes may include but need not be limited to necessary communications relative to
extracurricular activities, student athletic activities, community-based youth activities such
as scouting, and faith-based activities such as a youth group sponsored by a religious
organization.
(d) Specify that it is a duty of a school system employee to comply with the policies,
procedures, and practices and provide that a failure to comply may result in disciplinary
action, and in extreme circumstances may constitute willful neglect of duty.
(e) Establish and provide for the imposition of consequences for a violation of the
policies, procedures, and practices, including but not limited to termination of employment
in accordance with applicable provisions of state law.
(f) Provide a means for the timely reporting and investigation at the school system
level of an alleged failure by a school employee to comply with the policies, procedures, or
practices and for concluding such an investigation and resolving the allegation.
(g) Provide a means whereby any alleged failure by a school employee to comply
with the policies, procedures, or practices that also may be a violation of state or federal law
is reported to the proper authorities.
(h) Provide a means to assure that all school system employees are informed fully
of the policies, procedures, and practices and the possible consequences at the school and
school system level for a failure to comply.
(i) Provide a means to assure that a parent or other person responsible for a child's
school attendance is fully informed of the policies, procedures, and practices.
(j) Provide a means for a parent or other person responsible for a child's school
attendance to request that the child not be contacted through electronic communication by
any school employee unless the purpose of such communication is directly related to the
child's educational services and is sent to and received by more than one student at the
school.
(3) Any city, parish, or other local public school board having existing policies,
procedures, and practices relative to electronic communication by an employee at a school
to a student enrolled at that school shall conduct by not later than November 15, 2009, a
formal evaluation of all such policies, procedures, and practices to determine their
compliance with the provisions of Paragraph (2) of this Subsection and shall take all action
necessary to conform the existing policies, procedures, and practices to such requirements.
(4) No city, parish, or other local public school board or member of such a board
shall be civilly liable for any electronic communication by an employee to a student that is
prohibited as provided in this Subsection.
(5) For the purposes of this Subsection, the term "city, parish, or other local public
school board" shall mean the governing authority of any public elementary or secondary
school.
R. Repealed by Acts 2024, No. 686, §2, eff. June 19, 2024.
S.(1) In addition to any other provision of applicable law, rule, regulation, or code,
each city, parish, and other local public school board shall adopt and implement policies
providing for inspections by qualified persons of all fire safety and prevention equipment,
including but not limited to fire alarm and smoke detection devices at each school under its
jurisdiction at least twice during each school year and to require that all necessary actions be
taken by appropriate persons in a timely manner to assure that all such equipment is in good
working order and meets the need for which intended. Such policies shall provide, at a
minimum, that any employee of the board who performs an inspection pursuant to this
Subsection shall have received the appropriate training necessary to perform such inspection,
and documentation of such training shall be included in the employee's personnel file.
(2) For the purposes of this Subsection, the term city, parish, and other local public
school board shall mean the governing authority of any public elementary or secondary
school.
(3) The provisions of this Subsection shall not be construed to require any inspection
by the office of the state fire marshal in addition to those otherwise required by law, rule, or
regulation.
T. Repealed by Acts 2024, No. 686, §2, eff. June 19, 2024.
U. Notwithstanding the provisions of this Section, a city, parish, and other local
public school board shall retain all authority given by law to such boards to prescribe the
duties and fix the salaries of and hold tenure hearings for all employees of such boards, as
applicable.
V.(1) Notwithstanding any provision of law to the contrary, no member of a city,
parish, or other local public school board shall be prohibited from requesting, in writing or
in open or executive session of the board, the status of any personnel matter. The
requirement that any such request be in writing or made during an open or executive session
of the board shall not apply when the board member has knowledge of the possible or alleged
commission of a crime by a school board employee. Notwithstanding any provision of law
to the contrary, no member of a city, parish, or other local public school board shall be
prohibited from providing information on due process, grievance procedures, hearings, and
tenure to any constituent of the member upon the constituent's request. Notwithstanding any
provision of law to the contrary, no member of a city, parish, or other local public school
board shall be prohibited from seeking or providing information on other issues regarding
the operation of schools.
(2) The provisions of this Subsection are subject to other requirements of law relative
to the confidentiality of information contained in an employee's personnel files.
W.(1) Notwithstanding any provision of law to the contrary, each city, parish, and
other local public school board shall adopt a policy to require each school under its
jurisdiction to provide the following:
(a) An appropriate, private room, other than a restroom, that may be used by an
employee to express breast milk.
(b) A reasonable amount of break time to accommodate an employee needing to
express breast milk that, to the extent possible, shall run concurrently with the break time
already provided to the employee, and that shall be available to the employee for up to one
year following the birth of her child.
(c) Procedures for the employee to notify her supervisor or other appropriate
personnel of her intent to make use of the accommodations offered pursuant to the policy and
to schedule accordingly.
(2) Any additional break time used by an employee to express breast milk as
provided in this Subsection shall be considered unpaid leave time.
(3) Nothing in this Subsection shall require any new construction by a city, parish,
or other local public school board nor shall its provisions result in any additional cost to the
school board.
X, Y. Repealed by Acts 2024, No. 686, §2, eff. June 19, 2024.
Z.(1) Each city, parish, or other local school board shall offer its employees the
opportunity to participate in the Louisiana Public Employees Deferred Compensation Plan
as established by R.S. 42:1301 et seq. The requirement of this Paragraph does not prohibit
a school board from offering its employees the opportunity to participate in other plans
established pursuant to Section 457 of the Internal Revenue Code.
(2) Each city, parish, or other local school board to which R.S. 42:851 applies shall
provide the health insurance coverage required pursuant to R.S. 42:851(U).
AA. The governing authority of each public school may require that at least one
member of the coaching staff for each extracurricular sport offered by the school is certified
in cardiopulmonary resuscitation, first aid, and the use of an automated external defibrillator.
BB.(1) Each public school governing authority shall either establish a uniform policy
for student check-out that is applicable to each school under its jurisdiction or require each
school principal to establish such a policy. A principal who adopts a check-out policy shall
transmit the policy to the superintendent or his designee for approval.
(2) The superintendent or his designee shall review any policy established pursuant
to this Subsection at least every three years.
CC. Each public school governing authority shall establish a policy that includes the
following procedures for carpool and bus lines at any school that includes any of the grades
kindergarten through five:
(1) Students shall remain a safe distance from the pick-up area behind something
material or immaterial intended to block passage, as deemed appropriate for the particular
school building.
(2) Students shall wait in the pick-up area and wait for vehicles to come to a
complete stop.
(3) A student being dropped off shall remain in the appropriate passenger restraint
until the vehicle in which the student is a passenger comes to a complete stop.
(4) A student in grades kindergarten through three shall be accompanied by a school
employee while the student is walking to and from a pick-up area.
(5) School administrators shall post signage regarding the carpool and bus line
policy.
Acts 1954, No. 452, §1; Acts 1976, No. 411, §1; Acts 1985, No. 603, §1, eff. July 13,
1985; Acts 1985, No. 565, §1; eff. July 12, 1985; Acts 1991, No. 521, §1, eff. July 15, 1991;
Acts 1991, No. 881, §1, eff. July 23, 1991; Acts 1992, No. 425, §1; Acts 1993, No. 287, §1,
eff. June 2, 1993; Acts 1993, No. 647, §1; Acts 1995, No. 261, §1, eff. June 14, 1995; Acts
1998, 1st Ex. Sess., No. 42, §1; Acts 2001, No. 134, §1; Acts 2003, No. 376, §1, eff. July 1,
2003; Acts 2003, No. 740, §1; Acts 2004, No. 748, §1; Acts 2006, No. 774, §1, eff. June 30,
2006; Acts 2009, No. 214, §1, eff. July 1, 2009; Acts 2009, No. 284, §2, eff. July 1, 2009;
Acts 2009, No. 413, §1, eff. July 1, 2009; Acts 2010, No. 321, §1, eff. July 1, 2010; Acts
2010, No. 720, §1, eff. Jan. 1, 2011; Acts 2011, 1st Ex. Sess., No. 41, §2, eff. June 12, 2011;
Acts 2012, No. 1, §§1, 4, eff. July 1, 2012; Acts 2012, No. 591, §1, eff. June 7, 2012; Acts
2013, No. 87, §1; Acts 2013, No. 329, §1; Acts 2014, No. 506, §1; Acts 2014, No. 517, §1;
Acts 2014, No. 525, §1; Acts 2014, No. 547, §1, eff. June 9, 2014; Acts 2015, No. 297, §1;
Acts 2016, No. 80, §2; Acts 2016, No. 149, §2; Acts 2016, No. 234, §1; Acts 2016, No. 347,
§1; Acts 2019, No. 21, §1; Acts 2020, No. 292, §1; Acts 2020, 2nd Ex. Sess., No. 32, §1, eff.
Oct. 28, 2020; Acts 2022, No. 180, §1, eff. May 31, 2022; Acts 2022, No. 325, §1; Acts
2023, No. 362, §1; Acts 2024, No. 686, §2, eff. June 19, 2024.