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School board authority in Louisiana

| Education Policy | |
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| Education policy topics | |
| • Overview of trends in K-12 curricula development • Impact of school choice on rural school districts • Local school board authority across the 50 states • State policies on cellphone use in K-12 public schools • School choice in the United States • School choice glossary
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Louisiana state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Louisiana law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- Louisiana law on school boards' authority over district policy. This section features the statutes in Louisiana law that establish, enable, or define local school district boards.
- Constraints on Louisiana school boards' authority. This section provides an overview of constraints on the school boards' authority in Louisiana. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- Parents' bill of rights
- How does Louisiana compare to other states?
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Louisiana.
School board authority over district policy in Louisiana
Enabling or authorizing statute for the boards of school districts in Louisiana
- See also: Enabling statute
Louisiana Statute § 17:51 creates school district boards and gives them authority to operate according to state law:[1]
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Louisiana school boards' powers and duties
Louisiana public school boards of directors are given broad authority over policymaking in the district in addition to at least 29 specific duties or powers to administer the public schools in Louisiana. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:
- developing and implementing policies governing school system employees' electronic communications with students enrolled at that school
- adopting a policy to allow the school board to disclose education records without the consent of the parent or guardian of the student who is the subject of the records to state and local law enforcement officials
The list of powers and duties school district boards are charged with appears in Louisiana Statutes § 17:81 and are as follows:[3]
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Constraints on Louisiana school boards' authority
This section tracks constraints on school boards specific to Louisiana as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on Louisiana school boards' authority by topic
This section features constraints on Louisiana school boards' authority on policies related to the following topics:
Curriculum requirements
Louisiana requires the following specific topics to be included in each district's curriculum:[4]
- French language and the culture and history of French populations in Louisiana
- Black history and the historical contributions of all nationalities
- Parenthood education
- Internet and cellphone safety education
A full list of curricular requirements can be found in Louisiana Statutes § 17:261 - 17:280.2.[5]
Curriculum restrictions
Louisiana law prohibits instruction in public schools regarding sexual orientation or gender identity and critical race theory.[6][7]
Book bans, removals, and restrictions
Louisiana school boards have the authority to remove books from school libraries. The Louisiana State Board of Education maintains the right to review textbooks, books, and instructional materials, while local school boards review books and instructional materials that the state board does not. Local boards also create review committee for instructional material and books not reviewed by the state board, which includes teachers and parents of the district.[9]
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RS 17:351.1 - Textbooks and other instructional materials; review; adoption; procurement; distribution A.(1) The State Board of Elementary and Secondary Education shall prescribe a process for the review, adoption, procurement, and distribution of free textbooks and other instructional materials, which it shall supply without charge to the children of this state at the elementary and secondary levels out of funds appropriated therefor by the legislature in accordance with the requirements of Article VIII, Section 13(A) of the Constitution of Louisiana. (2) The state board shall also establish rules and procedures whereby public school governing authorities shall supply textbooks and other instructional materials, as available, to children enrolled in a board-approved home study program. Such rules shall include a requirement that textbooks and instructional materials supplied to a student enrolled in a home study program shall be returned when the student has completed the coursework for which the textbooks and instructional materials were provided. (3) The state board shall not limit the amount or percentage of state or local funds the governing authority of a public elementary or secondary school may expend on the purchase or acquisition of textbooks and other instructional materials. B.(1)(a) The State Board of Elementary and Secondary Education shall establish a transparent, digital process whereby the state Department of Education shall review textbooks and other instructional materials in the core subject areas of English language arts, mathematics, science, and social studies and determine the degree to which each aligns with state content standards. The department may review textbooks and instructional materials in other subject matter areas as it deems necessary or upon request of a public school governing authority. (b) The department may review textbooks and other instructional materials at such times as it deems necessary and appropriate but shall review textbooks and other instructional materials in the core subject areas of English language arts, mathematics, science, and social studies at least every six years. (2) The review process for textbooks and other instructional materials submitted to the department for review shall be conducted entirely online. Every aspect of the process, including the textbooks and instructional materials under review and any and all comments submitted by reviewers, parents and other members of the public, and publishers and other content providers, shall be posted online and made readily accessible to all interested parties. (3) The review process shall, at a minimum, provide for the following: (a) Guidelines and timelines for the submission, review, comment, and evaluation of textbooks and other instructional materials. (b) Establishment of review panels composed of Louisiana public school educators, some of whom shall be classroom teachers currently employed in schools in the state, and Louisiana content experts who have knowledge of curriculum and the subject matter under consideration. (c) Evaluation criteria and procedures to determine the extent to which textbooks and instructional materials submitted for review align with state content standards. (d)(i) The opportunity for parents and the public to view and submit comments on all textbooks and instructional materials under review. A copy of all textbooks and instructional materials under review shall be made readily available online and in person for this purpose. Reasonable safeguards against unauthorized use, reproduction, and distribution shall be provided. (ii) The opportunity for publishers and other content providers to submit comments in response to any review committee evaluation. Publishers and content providers shall be given the opportunity to review any evaluation prior to its posting online and shall be given at least ten business days to respond and make any correction to the content that they deem necessary. (iii) All comments submitted in relation to a reviewed textbook or instructional material shall be posted online for ready access by any interested party. (e) A requirement that all print textbooks and print instructional materials submitted for review be supplied in an electronic format that meets the National Instructional Materials Accessibility Standard, as consistent with the Individuals With Disabilities Education Act of 2004 (20 U.S.C. 1474(e)), and can be converted into specialized formats for children with disabilities and from which braille and large-print textbooks can be produced for blind and visually impaired students. (4)(a) The state Department of Education shall provide the governing authority of each public elementary and secondary school with a list of all textbooks and other instructional materials reviewed by the department which includes information indicating the degree to which each aligns with state content standards. Such list shall also be posted online. (b) The list of reviewed textbooks and other instructional materials shall include textbooks and instructional materials for each core subject at each grade level that are fully aligned with state content standards. (c) Any list of reviewed textbooks and other instructional materials prepared by the department shall contain a statement to the effect that the textbooks and instructional materials contained therein were reviewed for the sole purpose of determining the degree of alignment with state content standards and that it is the responsibility of each public school governing authority to determine if their use is appropriate to meet the educational needs of its students. (d) Nothing in this Section shall be construed as prohibiting a public school or school district from purchasing or otherwise acquiring textbooks and instructional materials that are not included in the list of reviewed textbooks and instructional materials prepared by the state Department of Education, provided the use of such textbooks and instructional materials is not prohibited by the policies of the governing authority of such school or school district. C.(1) The governing authority of each public elementary and secondary school shall adopt policies and regulations for the adoption and use of textbooks and other instructional materials that sufficiently support the needs of all students in meeting state content standards. (2) The purchase and use of electronic textbooks, instructional materials, and other media or content shall be maximized to the extent practical. (3)(a) For the adoption of textbooks and instructional materials that have not been reviewed by the state Department of Education pursuant to this Section, such policies and regulations shall provide for the establishment of review committees composed of classroom teachers and other educators, all of whom shall be employees of Louisiana public schools, parents of students enrolled in Louisiana public schools, and other educational stakeholders in Louisiana who have interest in or knowledge of curriculum and the subject matter under consideration. (b) Parents and other members of the public shall be afforded the opportunity to review and provide input relative to the textbooks and instructional materials under consideration prior to final adoption. (c) The governing authority of each public elementary and secondary school shall include on its website a link to the website on which the state Department of Education conducts the online review process pursuant to Paragraph (B)(2) of this Section. (d)(i) If the governing authority of a public elementary or secondary school conducts a review of textbooks or other instructional materials and determines the textbooks or other instructional materials are of high quality, the state Department of Education shall recognize that determination for all purposes including but not limited to funding eligibility. (ii) A public school governing authority seeking the recognition of textbooks or other instructional materials as high quality for all purposes shall have at least two teachers who hold the designation of Teacher Leader Advisor certify that the textbooks and instructional materials are fully aligned with Louisiana state content standards, using the rubric approved by the department. No more than fifty percent of the Teacher Leader Advisors conducting the certification shall be employed by the governing authority. (4) Textbooks and instructional materials adopted for use in public elementary and secondary schools shall accurately reflect the contributions and achievements of people of differing races and promote an understanding of the history and values of the people of the United States and Louisiana, including the free enterprise system, private property, constitutional liberties, democratic values, and traditional standards of moral values. (5) The governing authority of a public elementary or secondary school may establish the price and sell any textbook or library book no longer in use to any person or entity for private use. D.(1) The state Department of Education shall support public school governing authorities in achieving maximum cost efficiencies and reducing regulatory burdens in the purchase and acquisition of textbooks and other instructional materials by providing for bulk purchasing through state contracts, whenever possible and feasible, and by encouraging publishers and other content providers to make their textbooks and other instructional materials available through the central depository. (2) The governing authority of a public elementary or secondary school may purchase textbooks and other instructional materials through a state contract or through the central depository or may contract directly with a publisher or other content provider. (3) Each contract between the state or the governing authority of a public elementary or secondary school and a publisher or other content provider for textbooks and instructional materials shall: (a) Be awarded on a competitive basis in accordance with applicable state law. (b) Provide that the publisher, distributor, wholesaler, or retailer shall not charge the governing authority of a public school a purchase price, rental fee, or other fee for the purchase, lease, or use of a textbook or instructional material that exceeds the lowest price or fee charged to a school governing authority in any other state for the same textbook or instructional material. (c) Provide that upon the request of a public school governing authority, a publisher or other content provider shall allow the governing authority to purchase textbooks and other instructional materials through the central depository. E. The state Department of Education shall provide for a central depository for textbooks and other instructional materials that are aligned to state content standards to facilitate the purchase and distribution of textbooks and instructional materials.[2] |
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Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[10][11][12]
Parental notification
Louisiana requires parental notification in the following circumstances, among others:
- Their child is assigned a teacher who is not certified[14]
- Their kindergartener is below grade level based on literacy assessments[15]
- Parents must be notified at the beginning of the year regarding the school board's policies regarding the complaint process[16]
- Their child has been absent from school for five days[17]
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[18]
Discipline
Louisiana is one of 47 states that gives school boards authority over district disciplinary policy.
The text of Louisiana Statutes §416 and §416.1 are as follows:[19][20]
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School board elections
- See also: Rules governing school board election dates and timing in Louisiana, How does Louisiana compare to other states on school board authority over election timing?
Louisiana is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in Louisiana.
Public school choice and open enrollment
- See also: School choice in Louisiana
School boards have the authority to approve or deny intradistrict transfer requests. Applicants can request the State Board of Education to review their application if the local board denies it. The text of the statute is as follows:[22]
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A. The parent or other legal guardian of any student may enroll his child in the public school of his choice, without regard to residence, school system geographic boundaries, or attendance zones, provided both of the following apply: (1) The public school in which the student was most recently enrolled, or would otherwise attend, received a school performance letter grade of "D" or "F" for the most recent school year, pursuant to the state's school and district accountability system. (2) The school in which the student seeks to enroll received a school performance letter grade of "A", "B", or "C" for the most recent school year, pursuant to the state's school and district accountability system, and has sufficient capacity at the appropriate grade level. B. The authority to enroll a student in the public school of choice shall not be permitted and shall not be exercised if doing so violates the order of a court of competent jurisdiction. C.(1) If a school or governing authority denies the enrollment request of a prospective student for an intradistrict transfer, the parent or legal guardian of the student may request a review of the denial of the transfer requested by the State Board of Elementary and Secondary Education. Within ninety days of receipt of a request for review, the state board shall determine if the capacity policy established for the school was followed. If the state board determines that the school's policy was not followed, the school's governing authority shall reconsider the transfer request. However, the state board shall not approve any transfer request that would exceed the enrollment capacity of a school or classroom, as established by the school's governing authority. (2) The state board shall adopt rules required for implementation of this Subsection. D. Notwithstanding the provisions of R.S. 17:158 to the contrary, a school system shall not be required to provide transportation to any student enrolled in a public school pursuant to this Section that is located outside of the geographic boundaries of the school system in which the student resides, if providing such transportation will result in additional cost to the school system. E. Any student enrolled in a public school pursuant to the provisions of this Section shall be counted by the local public school system in which he is enrolled for purposes of the minimum foundation program and formula, and any other available state or federal funding for which the student is eligible. F.(1) The governing authority of each public elementary and secondary school shall work collaboratively and cooperatively to ensure compliance with the provisions of this Section and shall adopt a policy to govern student transfers authorized by this Section. The policies shall include: (a) A definition of "capacity" for each school. (b) The transfer request period, which shall begin no later than March first and end no earlier than March twenty-eighth, annually. (2) Prior to the transfer request period, the public school governing authority shall notify parents and legal guardians of students enrolled in a school that received a "D" or "F" school performance letter grade pursuant to the state's school and district accountability system for the most recent school year of the following: (a) The provisions of this Section. (b) The schools under the jurisdiction of the governing authority that received an "A", "B", or "C" school performance letter grade, if any. (c) The process for submitting student transfer requests. (d) The page on the state Department of Education's website that contains school performance data. (3) Such policies shall be posted to the school governing authority's website no later than January 1, 2022, and reported to the state Department of Education no later than January 30, 2022. (4) Any student transfer pursuant to the provisions of this Section shall comply with the policy adopted by the governing authority of the school in which the student seeks to enroll. G. The state board shall report to the House Committee on Education and the Senate Committee on Education no later than October thirty-first annually regarding student transfers including but not limited to the following information, disaggregated by economically disadvantaged status and race and ethnicity: (1) The number of interdistrict student transfer requests received, accepted, appealed, and denied during the most recent school year. (2) The number of intradistrict student transfer requests received, accepted, appealed, and denied during the most recent school year. H. The provisions of this Chapter shall not be construed as requiring a school with selective admission requirements to enroll a student who does not meet those requirements, regardless of whether the school has excess capacity. [2] |
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School boards can also enter agreements with adjoining school districts to allow interdistrict enrollment:[23]
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Charter schools
- See also: Charter schools in Louisiana, How does Louisiana compare to other states on school board authority over charter schools?
Louisiana is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
Louisiana school boards are authorized to review and decide applications for establishing a type one or three charter school. Type one charter schools are new schools and type three are conversion schools. Additionally, local school boards work with the Louisiana Board of Elementary and Secondary Education to review type four charter school applications, which are new or conversion schools. Learn more about the other types of charters here. The Louisiana Administrative Code authorizing local school boards to approve or deny charter applications is as follows:[25]
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A. Local school boards shall carefully review each type 1 and type 3 charter school application they receive and may approve a charter application only after it has made a specific determination whether each proposed charter complies with the law and rules, whether the proposal is valid, complete, financially well-structured, and educationally sound, whether it provides for a master plan for improving behavior and discipline in accordance with R.S. 17:252, whether it provides a plan for collecting data in accordance with R.S. 17:3911. B. Local school boards may approve requests to establish a type 3B charter school pursuant to the process outlined in Bulletin 129, §505 1. A type 3B charter school is a former type 5 charter school transferred from the Recovery School District to the administration and management of the transferring local school system pursuant to R.S. 17:10.5, R.S. 17:10.7 and Bulletin 129, §505. 2. A type 3B charter school shall retain its type 5 academic accountability history, including, but not limited to prior school performance scores. The performance of a type 3B charter school shall be included in the local school districts district performance score. 3. Throughout initial and all subsequent renewal charter terms, the type 3B charter contract shall:
4. The length of the initial term for the type 3B charter school shall be equal to the number of years remaining on the charter schools former type 5 charter contract or the number of years approved by BESE for the renewal term of the type 5 charter school if the charter contract for the type 5 charter school was set to expire at the conclusion of the school year in which the charter school makes a request to transfer to the local school board pursuant to this Section. 5. If granted a renewal, in determining the length of the term for the first renewal of the type 3B charter contract, the local school board shall set the length of the renewal term to be three or more years, not to exceed the number of years the charter school would be granted under the "maximum charter renewal terms" contained in §1503 of this Bulletin. Differing academic performance standards for the first renewal of the charter contract must be approved by BESE. Subsequent renewal term lengths shall be determined by the local school board. 6. At the time of transfer, the type 3B charter school shall have the option to remain its own local educational agency or have the local school system serve as the charter schools local education agency. A type 3B charter school acting as its own local education agency shall comply with the requirements provided for in §2303 of this bulletin. C. For each locally-authorized charter school which has met the performance criteria below, a charter operator may open and operate two additional schools that serve the same grade levels and the same enrollment boundaries as the school meeting the automatic renewal criteria without formal application to the local school board. 1. The charter school must have:
2. The charter operator shall notify the local school board of its intent to open one or two such additional charter schools at least 120 calendar days prior to the day on which each additional school shall enroll students. 3. At least 90 calendar days prior to the day on which each additional school shall enroll students, the local school board shall enter into a charter agreement with the chartering group for each additional school and shall notify BESE of its action.[2] |
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Cellphone bans
Louisiana is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies. Louisiana Gov. Jeff Landry (R) signed SB 207 on May 28, 2024, which read: “Effective beginning with the 2024-2025 school year and thereafter, no student shall possess, on his person, an electronic telecommunication device throughout the instructional day.”
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[26][27]
Louisiana school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.
For example, though state law gives school boards the authority to select curriculum and instructional materials, the collective bargaining agreement between the St. Tammany Parish Public School System and the St. Tammany Federation of Teachers and School Employees gives teachers the authority to supply their own lesson materials to supplement the lessons they teach.[28]
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Parents' bill of rights
Louisiana is one of 26 states that has a Parents' Bill of Rights.
The statute holds that parents have the right to inspect their child's curriculum, among other provisions. The text is as follows:[29]
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RS 17:406.9 - Parents' Bill of Rights for Public Schools A. The legislature finds all of the following: (1) That parental involvement is a significant factor in increasing student achievement. (2) That access to student information encourages greater parental involvement. B. Parents of public school children who have not reached the age of majority shall have all of the following rights: (1) To examine the textbooks, curriculum, and supplemental material used in their child's classroom. (2) To inspect their child's school records, and to receive a copy of their child's records within ten business days of submitting a written request, either electronically or on paper. Parents shall not be required to appear in person for the purposes of requesting or validating a request for their child's school records. There shall be no charge for a parent to receive such records electronically. Any charges for a paper copy of such records shall be reasonable and set forth in the official rules and regulations of the school governing authority. School records shall include all of the following: (a) Academic records, including but not limited to results of interim or benchmark assessments. (b) Medical or health records. (c) Records of any mental health counseling. (d) Records of any vocational counseling. (e) Records of discipline. (f) Records of attendance. (g) Records associated with a child's screening for learning challenges, exceptionalities, plans for an Individualized Education Program, or Individual Accommodation Plan. (h) Any other student-specific file, document, or other materials that are maintained by the school. (3) To be notified when medical services are being offered to their child, except where emergency medical treatment is required. In cases where emergency medical treatment is required, the parent shall be notified as soon as practicable after the treatment is rendered. (4) To be notified if a criminal action is deemed to have been committed against their child or by their child. (5) To be notified if law enforcement personnel question their child, except in cases where the parent has been accused of abusing or neglecting the child. (6) To be notified if their child is taken or removed from the school campus without parental permission. (7) That the school shall not discriminate against their child based upon the sincerely held religious beliefs of the child's family. (8) To receive written notice and the option to opt their child out of any surveys that include questions about any of the following: (a) The student's sexual experiences or attractions. (b) The student's family beliefs, morality, religion, or political affiliations. (c) Any mental health or psychological problems of the student or a family member. (9) To receive written notice and have the option to opt their child out of instruction on topics associated with sexual activity. (10) To receive from the school the annual school calendar, no later than thirty days prior to the beginning of the school year, and to be notified in writing as soon as feasible of any revisions to such calendar. Such calendar shall be posted to the school's website and shall include, at a minimum, student attendance days and any event that requires parent or student attendance outside of normal school days or hours. (11) To receive in writing each year or to view on the school's website a comprehensive listing of any required fee and its purpose and use and a description of how economic hardships may be addressed. (12) To receive in writing each year or to view on the school's website a description of the school's required uniform for students. (13) To be informed if their child's academic performance is such that it could threaten the child's ability to be promoted to the next grade level and to be offered an in-person meeting with the child's classroom teacher and school leader to discuss any resources or strategies available to support and encourage the child's academic improvement. (14) That the school shall not discriminate against their child by teaching the child that the child is currently or destined to be oppressed or to be an oppressor based on the child's race or national origin. C. Notwithstanding anything to the contrary, a public school shall not be required to release any records or information regarding a student's medical or health records or mental health counseling records to a parent during the pendency of an investigation of child abuse or neglect conducted by any law enforcement agency or the Department of Children and Family Services where the parent is the target of the investigation, unless the parent has obtained a court order.[2] |
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How does Louisiana compare to other states?
This section compares Louisiana's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[30]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Five other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- Federal judge strikes down law requiring K-12 classrooms to display Ten Commandments (2025): A judge on the United States Court of Appeals for the Fifth Circuit struck down a 2024 Louisiana law requiring all public K-12 classrooms to display the Ten Commandments. The federal judge ruled that it violated the establishment clause of the First Amendment, which bars the government from creating laws that favor one religion over another.[31]
- Louisana governor signs executive order preventing critical race theory in schools (2024): Louisiana Governor Jeff Landry (R) signed an executive order on August 27, 2024, preventing K-12 public schools from using critical race theory (CRT). CRT, according to the order, includes "divisive teachings that instruct students to view life through the lens of race and victimhood."[32]
- Reading Recovery sues state of Ohio for banning their reading intervention methods in Ohio schools (2023): Reading Recovery Council of North America (RRCNA) filed a lawsuit on October 3, 2023, to block Ohio's HB 33, which is a budget bill that designated money to implement a state-wide required reading curriculum that focuses on "systematic instruction in phonemic awareness, phonics, vocabulary, fluency, comprehension, and writing." The bill bans teachers from relying on the "three-cue approach," which Reading Recovery said could impact the use of their interventions. RRCNA sued the state of Ohio on the grounds that the literary instruction statute is a "policy mandate disguised as a budget bill," and that it defies Ohio's one-subject rule. Ohio joins over 30 states and the District of Columbia in implementing this new curriculum, often called the "science of reading" philosophy; Ohio joins Arkansas, Louisiana, and Virginia in banning the "three-cue approach."[33][34][35][36]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
- Ballotpedia:Index of Contents
- Support our work
Footnotes
- ↑ Law.Justia.com, "RS 17:51 - Parish boards as bodies corporate; power to sue and be sued; service of citation," accessed February 14, 2025
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Justia - U.S. Law, "§ 17:81 - General powers of local public school boards," accessed February 14, 2025
- ↑ Justia, "Title 17 - Subpart D- § 17:261 - 17:280.2." Accessed February 14, 2025
- ↑ Justia, "Title 17 - Subpart D- § 17:261 - 17:280.2." Accessed February 14, 2025
- ↑ Louisiana Office of the Governor, "Governor Landry Signs Executive Order Preventing the Use of Critical Race Theory in Public Schools," accessed February 14, 2025
- ↑ Louisiana Legislature, "HOUSE BILL NO. 122," accessed February 14, 2025
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Justia, "RS 17:351.1 - Textbooks and other instructional materials; review; adoption; procurement; distribution," accessed February 14, 2025
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ Justia, "RS 17:8.1 - Certification of teachers; parental notification," accessed February 14, 2025
- ↑ Justia, "RS 17:24.10 - Early literacy instruction and screening; parental notification; reporting," accessed February 14, 2025
- ↑ Justia, "RS 17:172 - Procedures for making complaints or requesting information from schools; parental notification; rules and regulations," accessed February 14, 2025
- ↑ National Center on Safe Supportive Learning Environments, "Louisiana School Discipline Laws & Regulations: Parental Notification," accessed February 14, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ Louisiana Legislature, "§416. Discipline of students; suspension; expulsion," accessed February 14, 2025
- ↑ Louisiana Legislature, "§416.1. Discipline of students; additional disciplinary authority," accessed February 14, 2025
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Justia, "RS 17:4035.1 - Public school choice," accessed February 14, 2025
- ↑ Justia, "RS 17:105 - Admission to schools in adjoining parishes," accessed February 14, 2025
- ↑ U.S. Department of Education, "Unsafe School Choice Option - Non-Regulatory Guidance," accessed October 22, 2025
- ↑ Casetext.com, "La. Admin. Code tit. 28 § CXXXIX-313," accessed February 18, 2025
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ St. Tammany Parish Public Schools, "Collective Bargaining Agreement (CBA) Approved," accessed February 14, 2025
- ↑ Justia, "LA Rev Stat § 17:406.9 (2024)," accessed February 14, 2025
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ [ https://stateline.org/2025/06/20/federal-appellate-court-rejects-louisianas-ten-commandments-display-law/ Stateline, "Federal appellate court rejects Louisiana’s Ten Commandments display law," accessed June 25, 2025]
- ↑ Jeff Landry Office of the Governor, "Governor Landry Signs Executive Order Preventing the Use of Critical Race Theory in Public Schools," August 27, 2024
- ↑ Ohio Capital Journal, "Science of reading enacted in Ohio’s new budget," December 6, 2023.
- ↑ Reading Recovery Community, "Reading Recovery Council of North America files lawsuit against Ohio Gov. Mike DeWine," December 6, 2023.
- ↑ Ohio Capital Journal, "Reading Recovery lawsuit trying to prevent science of reading implementation in Ohio schools," December 6, 2023.
- ↑ The Ohio Legislature, "House Bill 33," December 6, 2023.