Did Lafayette's school board have to approve misconduct charges before a permanent bus driver received notice?

Plain-English summary

Lafayette Parish asked whether its school board had to approve written charges before a permanent school bus driver accused of misconduct received them. In Opinion 03-0210, the AG drew a distinction: LSA-R.S. 17:493 did not itself require advance board approval for misconduct charges, but Lafayette's own superintendent job description did.

The statutory approval language in subsection B referred specifically to written grounds for abolishing, discontinuing, or consolidating bus routes. The AG said that sentence did not govern misconduct charges under subsection A. It then looked at Lafayette's superintendent contract and job description; the latter required recommendations to the board concerning dismissal of school personnel, which the office read as requiring approval before charges were sent in this case.

Currency note

This opinion was issued in 2003. 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.

What the opinion meant at issuance

Lafayette school board and superintendent

The AG said the state bus-driver statute did not require the board's prior approval of misconduct charges. Lafayette's board-drafted superintendent duties, however, required approval before notice to the driver under the policy then supplied to the AG.

Permanent school bus drivers

The opinion concerned written and signed misconduct charges sent before a possible removal hearing. It did not decide whether the board should act by resolution or whether a particular discussion should occur in executive session, even though the requester raised those questions.

Common questions

Q: Did LSA-R.S. 17:493 require board approval before misconduct charges were sent? A: No. The AG said that statute's advance-approval sentence concerned route abolition, discontinuance, or consolidation.

Q: Why did Lafayette still need board approval?
A: The AG read its superintendent's job description, which called for recommendations to the board on personnel dismissal, as requiring approval before notice in this case.

Q: Did the AG require a board resolution or executive session? A: The requester asked about those procedures, but the opinion's conclusion did not decide them.

Background and statutory framework

LSA-R.S. 17:493 set out grounds and a hearing process for removing a permanent school bus operator. The AG contrasted misconduct charges under subsection A with the route-change notice provision in subsection B. It also cited LSA-R.S. 17:81 on board powers and reviewed Lafayette's own superintendent contract and job description.

Citations and references

Statutes quoted or cited: LSA-R.S. 17:493; LSA-R.S. 17:81.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0210

Original opinion text

One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CIVIl DIVISION
TEL.: (225) 342-7013
BATON ROUGE
FAX: (225) 342-2090

RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

NOV 2 0 2003
OPINION NO. 03-0210

101 - Schools and School Districts - Bus Drivers, Custodians, Cafeteria Workers

LSA-R.S. 17:493
LSA-R.S. 17:81

Mr. James E. Simon
In conclusion, the clear language of Section A of LSA-R.S. 17:493
Assistant District Attorney
does not require prior school board approval of ’~Nritten and signed
charges" in the instance of a permanent school bus driver being
P. O. Drawer 2158
accused of misconduct. However, the school board’s own policy as
Lafayette, LA 70502-2158
stated in the job description of the superintendent in Lafayette Parish
as drafted by the board would require prior approval of the board before notice is sent to a permanent school bus driver accused of misconduct.
Dear Mr. Simon:

I am in receipt of your request for an Attorney General’s opinion concerning the removal of a permanent school bus driver accused of misconduct where termination is recommended.
Specifically, you ask whether the "written and signed charges" referred to in LSA- R.S.17:493 A need to be approved by the school board before these charges are sent to the school bus driver-in-question. If so, you inquire whether the approval needs to be in the form of a resolution, and should that determination be heard in executive session. You point out that subsection B of the statute states that these charges must be approved by the school board where "abolition, discontinuance, or consolidation of routes is sought."

LSA-R.S. 17:493 A and B deal directly with the removal of school bus operators.
Subsections A and B state the following:

A. A permanent school bus operator shall not be removed from his position except upon written and signed charges of willful neglect of duty, or incompetence, or immorality, or drunkenness while on duty, or physical disability to perform his duties, or failure to keep his transfer equipment in a safe, comfortable, and practical operating condition, or of being a member of or contributing to any group, organization, movement, or corporation that is prohibited by law or injunction from operating in the state, and then only if found guilty after a hearing by the school board of the parish or city in which the school bus operator is employed. An additional ground for the removal from office of any permanent school bus operator shall be the abolition, discontinuance, or consolidation of routes, but then only if it is found as a fact, after a hearing by the school board of the parish or city, that it is in the best interests of the school system to abolish, discontinue, or consolidate said reute or routes.

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Mr. James E. Simon
OPINION NO. 03-0210
Page - 2 -

B. All hearings hereunder shall be private or public, at the option of the operator affected thereby. At least twenty days in advance of the date of the hearing the superintendent, with approval of the school board, shall furnish the affected operator a copy of the written grounds on which said abolition, discontinuance, or consolidation of routes is sought. The operator affected shall have the right to appear before the board with witnesses in his behalf and with counsel of his selection, all of whom shall be heard by the board at said hearing. For the purpose of conducting hearings hereunder, the board shall have the power to issue subpoenas to compel the attendance of all witnesses on behalf of the operator. Nothing herein contained shall impair the right of appeal to a court of competent jurisdiction.

At first glance it might appear that the second sentence of subsection B which requires the superintendent with the approval of the school board to furnish the affected operator with a copy of the written grounds for removal of the operator at least twenty days in advance of the date of the hearing applies to all situations in which a school bus operator can be removed from his position as provided for in LSA-R.S. 17:493. However, all of the sentences in subsection B, except the second sentence, apply to all situations discussed in subsection A in which the removal of a school bus operator is considered. The last part of the second sentence specifically refers to written grounds on which said abolition, discontinuance, or consolidation of routes is sought.

LSA-R.S. 17:81 deals with the general powers of each city and parish school board. Subsection A(3) mandates each city and parish school board to adopt policies for and establish procedures which require a city or parish superintendent to:

(a) Consult with the principal regarding any recommendations made by the superintendent for the hiring or placement of any teacher or other certified personnel at the school in which the principal is employed. Any recommendations made by the principal shall not be binding.

(b) Consult with teachers regarding any recommendations made by the superintendent for 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 in making his recommendations to the board.

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Mr. James E. Simon
OPINION NO. 03-0210
Page - 3 -

Subsection C of that statute states:

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.

Since there is no requirement in LSA-R.S. 17:493 or LSA-R.S. 17:81A(3) that a city or parish superintendent obtain the approval of the school board prior to a written and signed charge being furnished to the affected operator in case of a school bus driver accused of misconduct, a review of the specific duties as designated in the superintendent’s contract and/or job description should be made. A review of the contract between the superintendent, Mr. James Easton, and the Lafayette Parish School Board does not specifically address this issue but refers to the general responsibility of the superintendent performing all duties as may be prescribed by the board. The contract requires Mr. Easton "... to perform all duties incident to the office of the superintendent and such duties as may be prescribed by the board from time to time."

A review of the duties of the superintendent in the Lafayette Parish Public Schools (adopted prior to 1975) as provided upon request in subsection D(2) provides that a superintendent of the Lafayette Parish School Board :

Make recommendations to the board concerning retention, transfer, promotion, and dismissal of all school personnel.

In conclusion, the clear language of Section A of LSA-R.S. 17:493 does not require prior school board approval of "written and signed charges" in the instance of a permanent school bus driver being accused of misconduct. However, the school board’s own policy as stated in the job description of the superintendent in Lafayette Parish as drafted by the board would require prior approval of the board before notice is sent to a permanent school bus driver accused of misconduct.

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Mr. James E. Simon
OPINION NO. 03-0210
Page - 4 -

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
ASSISTANT ATTORNEY GENERAL

O D ROBINSON
ASSISTANT ATTORNEY GENERAL
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