Could a Louisiana school board help pay LSU AgCenter 4-H agents working in parish schools?

Plain-English summary

A district attorney asked whether a parish school board could support the salaries of LSU AgCenter Extension Service 4-H agents who taught in parish schools through a cooperative endeavor. In 2006, the Attorney General gave a conditional yes. It identified three requirements for using public money this way: a public purpose, a legal obligation to spend for that purpose, and costs commensurate with the benefits received.

The AG concluded that educating children was a public purpose and that the school board had a legal duty to fund education. Those findings satisfied the first two requirements. It left the third to the school board: if the board determined that the support cost was commensurate with the benefit of the agents' school work, the agreement would meet the stated constitutional test. The opinion did not determine the amount of salary support or value the district would receive.

Currency note

This opinion was issued in 2006. 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 a school board fund local 4-H agents who taught in its schools?

The AG said such a cooperative endeavor could meet the constitutional test. The education purpose and board duty were established in the opinion, but the board still had to find its cost commensurate with the benefit.

Did the AG decide the proposed salary amount was justified?

No. It left the cost-versus-benefit judgment to the school board and did not approve a particular amount.

What were the three conditions the AG applied?

The agreement needed a public purpose, a legal duty for the paying entity to spend on that purpose, and costs commensurate with the benefits received. The opinion said only the last remained to be determined for this proposal.

Background and statutory framework

The question concerned a parish school board and the LSU AgCenter Extension Service's local educational work. The AG cited Article 7, Section 14(C) of the La. Constitution for cooperative endeavors with public or private parties for public purposes. It applied its three-part constitutional test and found the proposal would satisfy it if the school board made the remaining cost-benefit determination.

Citations

• Article 7, Section 14(C) of the La. Constitution (cooperative endeavor provision identified in the opinion).
• Attorney General Opinions 05-122, 93-787, 93-164, and 92-722 (prior three-part-test opinions cited by the AG).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0351

Original opinion text

April 24, 2006
Opinion Number 05-0351

90-A-1 Public Funds and Contracts
Honorable C. Brent Coreil
Article VII, Section 14 of La. Constitution
District Attorney
13th Judicial District Court
A constitutionally-sanctioned cooperative endeavor
must be for a public purpose; the entity must have a
P.O. Drawer 780
legal obligation to spend funds for this purpose; and
Ville Platte, LA 70586
the costs must be commensurate with the benefits
received.
Dear Mr. Coreil,

You have requested an Attorney General’s opinion as to whether a parish school board may enter into a cooperative endeavor with the LSU AgCenter Extension Service to provide funds for salary support of local 4-H agents who do educational work in the parish’s schools.

Article 7, Section 14(C) of the La. Constitution authorizes the state and its political subdivisions to engage in cooperative endeavors with each other or with any public or private parties or individuals for public purposes. This office has consistently opined that a constitutionally-sanctioned cooperative endeavor must meet the following three requirements: 1) the agreement must be for a public purpose; 2) the entity must have a legal duty or obligation to spend the funds for this purpose, and 3) the costs must be commensurate with the benefits received. (See Attorney General Opinion Nos. 05-122, 93-787, 93-164, 92-722)

Clearly, the education of its children is a public purpose for which a parish school board has a legal obligation or duty to spend funds, thus the first two requirements are met. If the school board determines the costs involved are commensurate with the benefits received, the cooperative endeavor would meet all three requirements.

We trust this addresses your concerns. If you have further questions, please contact our office. With kindest regards, I remain

Yours very truly,

CHARLES C. FOTI, JR.
Attorney General

BY: _________
DENISE BROU FITZGERALD
Assistant Attorney General
CCF, jr./DBF/dam

Page 2

Opinion Number 05-0351
Syllabus

90-A-1 Public Funds and Contracts
Article VII, Section 14 of La. Constitution

Summary: A constitutionally-sanctioned cooperative endeavor must be for a public purpose; the entity must have a legal obligation to spend funds for this purpose; and the costs must be commensurate with the benefits received.

Honorable C. Brent Coreil
District Attorney
13th Judicial District Court
Parish of Evangeline
P.O. Drawer 780
Ville Platte, LA 70586

Date Received:

Date Released: April 24, 2006

Denise Brou Fitzgerald
Assistant Attorney General