FILE:  AA

LEGAL STATUS:  DISTRICT

The Assumption 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.  The 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 system is under the exclusive control and management of a School Board and is a separate school system.  The system shall be operated in accordance with constitutional and statutory provisions.  Responsibility for interpreting these provisions has been made by the courts or other constituted authority.

The 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 Board members or employees of their official duties; however local funds shall not be used for such purposes where Board members or employees have engaged in acts of misconduct of office or have acted with provable malice toward any individual.

The School Board is constituted as a corporation as noted:

"School Boards are bodies corporate with power to sue and be sued and are governing authorities of school district."  Hawthorne.v. Jackson Parish School Board, 1927, 5 La. App. 508.

Accordingly, the corporate name of the Board shall be the Assumption Parish School Board, 4901 Highway 308, Napoleonville, Louisiana 70390.

Ref:     U.S. Constitution, Amend. X

U.S. Constitution, Amend. XIV, Sec. 1

Constitution of Louisiana, Art. VIII, Sec. 1, Art. VIII, Sec. 9

La. Rev. Stat. Ann. §§17:51, 17:1371, 17:1371.1, 17:1371.2, 17:1372, 17:1373, 17:1377, 17:1378

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)

Assumption Parish School Board