FILE:  AA

 

LEGAL STATUS - DISTRICT

 

 

This 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 School 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.

 

This school district is under the exclusive control and management of a School Board and is a separate school district.  This school 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.

 

This 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.

 

This 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 districts." Hawthorne v. Jackson Parish School Board, 1927, 5 La. App. 508.

 

Accordingly, the corporate name of this school district shall be the Iberville Parish School Board and it conducts its business at 58030 Plaquemine Street, Plaquemine, Louisiana 70764.

 

Adopted:  October 23, 1978

Revised:  October 17, 2022

 

 

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

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

Board minutes, 10-17-22

 

Iberville Parish School Board