Did a Louisiana school board have to choose its official newspaper by the lowest bid?

Plain-English summary

Assumption Parish's school board asked how to select its official journal. The AG said it was not required to pick the lowest bidder, though it could choose that method. The selected newspaper still had to satisfy statutory qualifications, and publication charges remained subject to the cited maximum rates.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was a low bid required for the official journal?
No. The opinion said the school board could choose low bidding but had no duty to use it.

Could the board choose any newspaper?
The AG said the newspaper had to meet the qualifications in La. R. S. 43:142.

Were publication charges unlimited?
No. The opinion identified maximum rates in La. R. S. 43:147.

Background and statutory framework

La. R. S. 43:141 required annual selection of an official journal at the first June meeting. The opinion relied on its earlier interpretation that the selection need not be by low bid, while noting qualifications and rate caps.

Citations and references

• La. R. S. 43:141: annual official journal selection.
• La. R. S. 43:142: newspaper qualifications.
• La. R. S. 43:147: maximum publication rates.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0161

Original opinion text

May 1, 2000
OPINION NUMBER 00-161

Mr. Thomas D. Daigle
Assistant District Attorney
23rd Judicial District
Assumption Parish
P. O. Drawer 279
Napoleonville, LA 70390

Dear Mr. Daigle:

We received your request on behalf of the Assumption Parish School Board for our opinion regarding the method of selection of the Board’s official journal. La. R. S. 43:141 provides that police juries, city and parish councils, municipal corporations, and school boards shall select a newspaper as the official journal for its respective parish for a term of one year. This selection is to be made at the first meeting in June of each year.

We previously opined that there is no requirement that the selection of an official journal be made on a low bid basis. See Attorney General Opinion 89-347. However, the Board may do so if it so desires. We do point out, however, that the newspaper selected as the official journal must meet the qualifications outlined in La. R. S. 43:142 regardless of the method of selection. La. R. S. 43:147 sets forth the maximum rates for publication of advertisements and official proceedings.

Thus, it is our opinion that the Assumption Parish School Board is not required to select its official journal on a low bid basis. It may do so if it so chooses.

We trust that this adequately responds to your request. If you have any questions or comments, please do not hesitate to contact our office. With kindest regards,

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
TINA VICARI GRANT
Assistant Attorney General
RPI:TVG:jv
OPINION NUMBER 00-161

Page 2

78-A OFFICIAL PRINTER
97 SCHOOLS & SCHOOL DISTRICTS -
Property, Contracts, etc.
La. R.S. 43:141, 142, 147

The Assumption Parish School Board is not required to
select its official journal on a low bid basis. It may do so if it so chooses.

Mr. Thomas D. Daigle
Assistant District Attorney
23rd Judicial District
Assumption Parish
P. O. Drawer 279
Napoleonville, LA 70390

DATE RECEIVED: 4/13/00
DATE RELEASED: May 1, 2000

TINA VICARI GRANT, ASSISTANT ATTORNEY
GENERAL