Could Acadia Parish voters reduce the number of school board members during reapportionment?

Plain-English summary

A legislator asked whether Acadia Parish could reduce its school board's membership by a vote of the people. The Attorney General said the board could submit a size proposition to voters when its size was being changed as part of reapportionment. He reaffirmed the same reading from an earlier opinion concerning Tangipahoa Parish.

The key condition was the reapportionment setting. The statute quoted in the opinion allowed a board to reestablish itself within specified size bounds and to submit the size question to voters whenever a change in size accompanied reapportionment. The opinion did not describe a separate referendum route outside that context.

Currency note

This opinion was issued in 2001. 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

Could voters decide how many members served on the school board?
The AG said yes if the board's size was to change by reapportionment and the board submitted the size proposition.

Did the opinion allow an unrelated vote to shrink the board?
It did not address a separate route. Its answer was expressly conditioned on a size change through reapportionment.

What range of board sizes did the quoted statute provide?
The then-current provision allowed the board to reestablish itself with at least five and at most fifteen members, or the number already authorized if greater.

Background and statutory framework

The opinion quoted LSA-R.S. 17:71.2 and reaffirmed Opinion 91-586. Both answers linked a vote on school board size to the board's reapportionment process. The AG applied that interpretation to Acadia Parish's proposed reduction.

Citations and references

• LSA-R.S. 17:71.2

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0157

Original opinion text

May 17, 2001
OPINION NO. 01-157

41 - ELECTIONS - REAPPORTIONMENT
94 - SCHOOL AND SCHOOL DISTRICTS - ADMINISTRATION, GOVERNMENT AND OFFICERS
The Honorable Gil Pinac
LSA-R.S. 17:71.2
State Representative, District 42
P. O. Box 495
Attorney General Opinion No. 91-586 still represents the opinion
Crowley, LA 70527-0495
of this office. Therefore, the Acadia Parish School Board may
reduce the number of school board members by a vote of the people if the size of the school board is to be changed by
Dear Representative Pinac: reapportionment.

I am in receipt of your request for an Attorney General’s opinion concerning the number of board members on the Acadia Parish School Board. Specifically, you request an opinion concerning the following question:

Is there a way to reduce the number of school board members by a vote of the people?

LSA-R.S. 17:71.2 concerns the maximum and minimum size of parish school boards. It provides in pertinent part:

A. In accomplishing the reapportionment authorized by this Subpart, each of said school boards may, by majority vote of said board as presently constituted, reestablish itself with not less than five nor more than fifteen members or the number presently authorized for that school board, whichever is the greater. Whenever the size of a school board is to be changed by reapportionment, the school board may submit the proposition of size to the people. (Emphasis added).

In Attorney General Opinion 91-586, our office addressed the issue of whether the Tangipahoa Parish School Board may reapportion itself by submitting the proposition of size to the electorate for a vote. Our office cited LSA-R.S. 17:71.2 and noted that this section states: “. . . whenever the size of a school board is to be changed by reapportionment, the school board may submit the proposition of size to the people.” Our office opined that the Tangipahoa Parish School Board may submit a proposition to the people regarding the size when the school board is to be changed by reapportionment.

Page 2

The Honorable Gil Pinac
OPINION NO. 01-157
Page - 2 -

Attorney General Opinion No. 91-586 still represents the opinion of this office. Therefore, the Acadia Parish School Board may reduce the number of school board members by a vote of the people if the size of the school board is to be changed by reapportionment.

I hope this opinion sufficiently addresses your concerns. If I can be of further assistance, please let me know.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:_______ BETH CONRAD ROBINSON
ASSISTANT ATTORNEY GENERAL

RPI:BCR:sc
a:\01-157.op

Page 3

The Honorable Gil Panac
OPINION NO. 01-157
Page - 3 -

OPINION NO. 01-157
41 - ELECTIONS - REAPPORTIONMENT
94 - SCHOOL AND SCHOOL DISTRICTS - ADMINISTRATION, GOVERNMENT AND OFFICERS

LSA-R.S. 17:71.2

Attorney General Opinion No. 91-586 still represents the opinion of this office. Therefore, the Acadia Parish School Board may reduce the number of school board members by a vote of the people if the size of the school board is to be changed by reapportionment.

The Honorable Gil Pinac
State Representative, District 42
P. O. Box 495
Crowley, LA 70527-0495

DATE RECEIVED: 4/16/01BR
DATE RECEIVED: 4/16/01SH
Date Released: 05/17/01

BETH CONRAD ROBINSON
ASSISTANT ATTORNEY GENERAL