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School board authority in Louisiana

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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.

HIGHLIGHTS
  • Louisiana state law prohibits critical race theory instruction in K-12 classrooms.
  • Louisiana is one of 26 states that has a Parents' Bill of Rights.
  • 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.
  • Local school boards are authorized to send 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.

  • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    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:

    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]

    There shall be a parish school board for each of the parishes, and these several parish school boards are constituted bodies corporate with power to sue. The legislature hereby authorizes suits against any parish school board for the enforcement of contracts entered into by the school board or for recovery of damages for the breach thereof, without necessity of any further authorization by the legislature. No other suits may be instituted or prosecuted against any parish school board unless in each individual case the legislature first has granted to the party or parties plaintiff the right to sue the particular school board, as provided in Section 26 of Article XIX and Section 35 of Article III of the Louisiana Constitution. In suits against school boards citation shall be served on the president of the board and in his absence on the vice-president.[2]

    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]

    A.(1) Each local public school board shall serve in a policymaking capacity that is in the best interests of all students enrolled in schools under the board's jurisdiction. When establishing board policies, each board shall prioritize student achievement, financial efficiency, and workforce development on a local, regional, and statewide basis. When choosing a local superintendent of schools, each board shall select a leader who shall prioritize student achievement and act in the best interests of all students enrolled in schools under the board's jurisdiction.

    (2) Each local public school board shall determine the number of schools to be opened, the location of school houses, and the number of teachers and other school personnel to be employed. The local school superintendent shall have authority to employ teachers by the month or by the year, and to fix their salaries; provided that there shall be no discrimination as to sex in the fixing thereof and provided further, that it is not the purpose of this Section to require or direct the reduction of any salary, or salary schedule, presently in force. The local school superintendent shall see that the provisions of the state school law are complied with.

    (3) Each local public school board shall delegate authority for the hiring and placement of all school personnel, including those for which state certification is required to the local school superintendent. It shall be the responsibility of the superintendent to ensure that all persons have proper certification, as applicable, and are qualified for the position. However, at any point in the final three months of the superintendent's contract, if he has been placed on notice that the school board has voted not to offer him a new contract and an interim superintendent has been selected in accordance with R.S. 17:54, such delegation shall extend to the interim superintendent without action of the school board.

    (4) Each local public school board shall adopt policies for and establish procedures which require a local school superintendent to:

    (a) Delegate to the principal all decisions regarding the hiring or placement of any teacher or other personnel at the school in which the principal is employed, subject to the approval of the local school superintendent.

    (b) Consult with teachers prior to making any decisions regarding 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 when making employment decisions.

    (5) Any policies and procedures adopted by a local public school board pursuant to the provisions of this Subsection shall be in accordance with all laws, all state rules, regulations, and policies relative to certification of teachers and other personnel, and any court order or restrictions relative to desegregation.

    (6) The superintendent and the school principal shall make all employment- related decisions based upon performance, effectiveness, and qualifications as applicable to each specific position. Effectiveness, as determined pursuant to R.S. 17:3881 through 3905, shall be used as the primary criterion for making personnel decisions; however, in no case shall seniority or tenure be used as the primary criterion when making decisions regarding the hiring, assignment, or dismissal of teachers and other school employees.

    (7)(a) Any person purporting to enter into any contract on behalf of the school district or schools under the board's jurisdiction, including but not limited to contracts with vendors or contracts of membership in any private or quasi-public entity, shall do so in compliance with policies and procedures adopted by the local public school board in effect at the time the contract is executed.

    (b) The provisions of this Paragraph shall not apply to any contract in effect on July 31, 2016, but shall apply to any new contract or renewal or extension of an existing contract executed on or after August 1, 2016.

    B. Each school board may permit school buildings to be used outside of regular school hours for academic purposes including but not limited to tutoring and study hall. The board shall adopt rules and regulations governing the terms and conditions, including fees if any, under which such buildings shall be used.

    C. 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.

    D.(1) The regular meetings of each city and parish school board shall be held at least once each month on such day as each board shall select. Additional regular meetings may be held as each board designates. Special meetings may be held as boards determine or as occasion may require.

    (2) However, if a city or parish school board fails to hold a public meeting at least once during a calendar month, registered voters of the district may petition the board to hold a public meeting. Within five calendar days of receipt of such a petition by the president of the board or, if he is unavailable, by any other board member containing the names of at least one hundred registered voters of the district, the board shall hold a public meeting. The members of a city or parish school board that fails to meet as required by this Paragraph shall not be entitled to compensation or per diem for that month.

    E.(1) Each city or parish school board shall exercise proper vigilance in securing for the schools of the district all funds destined for the support of the schools, including the state funds apportioned thereto, and all other funds.

    (2) Notwithstanding any other provision of law or rule or regulation to the contrary, a city or parish school board shall have the authority, if otherwise applicable, to apply for, receive, and expend funds from public and private sources that are or may be made available to certain classes of child care providers and to administer in elementary schools under the board's jurisdiction, child care programs related to such funding. Additionally, any public college or university offering preschool educational programs shall have the authority, if otherwise applicable, to apply for, receive, and expend funds from public and private sources that are or may be made available to certain classes of child care providers and to administer, in facilities under its jurisdiction, child care programs related to such funding. Nothing in this Paragraph shall be construed to affect the authority of any approved nonpublic school to apply for and administer such funds.

    (3) Notwithstanding any other provision of law or rule or regulation to the contrary, a city or parish school board shall have the authority, if otherwise applicable, to apply for, receive, and expend funds from public and private sources that are or may be made available for after-school child care programs and to provide for the administration in schools of programs related to such funding. Additionally, any public college or university offering preschool educational programs shall have the authority, if otherwise applicable, to apply for, receive, and expend funds from public and private sources that are or may be made available for after-school child care programs and to administer, in facilities under its jurisdiction, after-school child care programs related to such funding. Nothing in this Paragraph shall be construed to affect the authority of any approved nonpublic school to apply for and administer such funds.

    F. The secretary of each city and parish school board shall keep a record of all transactions and proceedings of the board.

    G. City and parish school boards may receive land by purchase or donation for the purpose of erecting school houses; provide for and secure the erection of same, construct such outbuildings and enclosures as shall be conducive to the protection of property, and make repairs and provide for the necessary furniture, equipment and apparatus.

    H. City and parish school boards have the power to recover for any damage that may be done to the property in their charge; they may change the location of a school house, sell or dispose of the old site, or of any site which for any reason can no longer be used or which is unused and unnecessary or unsuitable as such, and use the proceeds thereof for procuring a new one. Provided that the Orleans Parish School Board shall have authority to prescribe the rules and regulations to govern the building, equipping and repairing of school houses, and the dates of the meetings of that board.

    I. Repealed by Acts 2012, No. 1, §4, July 1, 2012.

    J.(1) Each city and parish school board may purchase appropriate metal detection devices and shall provide training to school administrators consistent with that provided as required in Paragraph (3) of this Subsection if metal detectors are going to be used in the system.

    (2) The State Board of Elementary and Secondary Education shall develop a plan for using metal detection devices for random weapon searches in elementary and secondary schools and shall submit it to the attorney general for approval. The attorney general shall periodically review the plan as changes in the law in relation to random searches occur.

    (3) The board shall provide the approved plan to each city and parish school board and shall provide training on the use of metal detectors and other techniques for weapon searches to system administrators that is consistent with the approved plan.

    K.(1) Notwithstanding any other provision of law or rule or regulation to the contrary, any city or parish school board member and any other person authorized pursuant to written policy of a city or parish school board shall have the right to examine any or all records of the school system except school employee records relative to evaluations, observations, formal complaints, and grievances.

    (2) Notwithstanding any other provision of law or rule or regulation to the contrary, any city or parish school board, upon a majority vote of the authorized board membership, shall have the right to examine any or all records of the school system.

    (3) Should an employee's personnel file be accessed by the city or parish school board, the employee whose file was so accessed shall receive written notice of such action, and the individual city or parish school board members shall maintain the confidentiality of any documents in the file so examined.

    L. Repealed by Acts 2011, 1st Ex. Sess., No. 41, §2.

    M.(1) Notwithstanding any provision of law to the contrary and in addition to the authority provided by Chapter 2-A of Code Title II of Code Book III of Title 9 of the Louisiana Revised Statutes of 1950 relative to the creation of a public trust, a public trust having a city or parish school board as its beneficiary may be created to be funded by surplus revenues of the beneficiary school board and with the use of income produced by the trust restricted to meeting the capital outlay needs of the school system, including but not limited to the purchase of school buses, the construction or acquisition of school buildings and facilities, or both, and the funding of nonrecurring projects to improve instructional services to students in the classroom.

    (2) The provisions of Chapter 2-A of Code Title II of Code Book III of Title 9 of the Louisiana Revised Statutes of 1950 applicable to the creation of a public trust having a political subdivision of the state as the trust beneficiary also shall apply to a public trust created in accordance with the provisions of this Subsection except as follows:

    (a) Creation or amendment of the public trust shall not require the express approval of the State Bond Commission.

    (b) The public trust shall have no authority to incur debt or issue bonds or other financial obligations.

    N. Notwithstanding any provision of law to the contrary, each city, parish, or other local public school board shall adopt a policy under which the school board and school board employees may disclose education records or information from 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 and other officials within the juvenile justice system. No school board or school board employee shall be liable for the disclosure of any information in accordance with a policy adopted pursuant to this Subsection. Each policy which is adopted pursuant to this Subsection shall contain or comply with each of the following provisions:

    (1) The disclosure of the education records or of the information from the education records must be to state or local law enforcement officials or to other officials within the juvenile justice system.

    (2) The disclosure must comply with the provisions of the policy which is adopted pursuant to this Subsection.

    (3) The disclosure must relate to the ability of the juvenile justice system to serve, prior to adjudication, the student whose records or whose information is to be disclosed.

    (4) The officials to whom the records or the information are disclosed shall certify in writing that that person, and any agency or organization with which that person is affiliated, will keep the personally identifiable portions of the records or the information confidential and will not disclose the personally identifiable portions of the records or the information to any person or agency or organization except a person or agency or organization within the juvenile justice system who or which has an independent right to that information.

    (5) Any other provisions which are necessary to comply with federal law or rules.

    O.(1) Each city, parish, or other local public school board shall adopt policies and procedures providing leave with pay for any school system employee who is an elected member of the board of trustees of the Teachers' Retirement System of Louisiana or the board of trustees of the Louisiana School Employees' Retirement System, an elected or appointed member of the State Board of Elementary and Secondary Education, or an appointed member of any task force, commission, or other advisory body established by the State Board of Elementary and Secondary Education so that such employee may attend meetings of the entity and any committees thereof on which the employee serves.

    (2) The policies and procedures provided for by this Subsection may require that the employee provide notice to the school system of the dates and times of all meetings of the entity and any committees thereof on which the employee serves that are scheduled to occur on a regular basis and provide reasonable notice to the system of any special or otherwise unscheduled meeting. Such policies and procedures also may require that the employee apply for leave in a timely manner and provide documentation that the leave granted was used for the purposes for which requested.

    P.(1) No board member shall act in an individual capacity to use the authority of his office or position as a member of the school board in a manner intended to interfere with, compel, or coerce any personnel decision made by the superintendent or a school principal, including the hiring, promotion, discipline, demotion, transfer, discharge, or assignment of work to any school employee. The superintendent, as the instructional leader of the district and its chief executive officer, shall have primary responsibility for personnel actions in the district.

    (2) No board member shall use the authority of his office or position as a member of the school board in a manner intended to interfere with, compel, or coerce any school employee to make any decision concerning benefits, work assignment, or membership in any organization.

    (3) If a board member successfully defends himself against any allegation of a violation of this Subsection, the school board shall pay attorney fees and all other legal fees associated with his defense.

    Q.(1) Each city, parish, or other local public school board shall formulate, develop, adopt, and implement, by not later than November 15, 2009, policies, procedures, and practices applicable to school system employees relative to an electronic communication by an employee at a school to a student enrolled at that school.

    (2) The policies, procedures, and practices required by Paragraph (1) of this Subsection, at a minimum, shall:

    (a) Define electronic communication. The definition shall recognize the multiple means available for making such a communication, both those that facilitate direct communication, including but not limited to voice or text-based telecommunication devices, or both, and computers, and those that facilitate indirect communication using an intermediate method, including but not limited to Internet-based social networks.

    (b) Require that all electronic communication by an employee at a school to a student enrolled at that school relative to the educational services provided to the student shall use a means provided by or otherwise made available by the school system for this purpose and prohibit the use of all such system means to electronically communicate with a student for a purpose not related to such educational services except communication with an immediate family member if such communication is specifically authorized by school board policy.

    (c)(i) Specify that the occurrence of any electronic communication made by an employee at a school to a student enrolled at that school or that is received by an employee at a school from a student enrolled at that school using a means other than one provided by or made available by the school system shall be reported by the employee in a manner deemed appropriate by the school board. Records of any such reported communication shall be maintained by the school board for a period of at least one year.

    (ii) In providing for the manner and frequency of reporting required by this Subparagraph, the board may authorize a school principal, or his designee, to permit an employee at the school to contact one or more specifically identified students enrolled at the school and be contacted by such student or students using a means other than one provided by or made available by the school, provided the employee has requested and received permission from the principal, or his designee, to do so and has provided documentation in writing to the principal, or his designee, stating the purpose or purposes for such contact. Such purposes may include but need not be limited to necessary communications relative to extracurricular activities, student athletic activities, community-based youth activities such as scouting, and faith-based activities such as a youth group sponsored by a religious organization.

    (d) Specify that it is a duty of a school system employee to comply with the policies, procedures, and practices and provide that a failure to comply may result in disciplinary action, and in extreme circumstances may constitute willful neglect of duty.

    (e) Establish and provide for the imposition of consequences for a violation of the policies, procedures, and practices, including but not limited to termination of employment in accordance with applicable provisions of state law.

    (f) Provide a means for the timely reporting and investigation at the school system level of an alleged failure by a school employee to comply with the policies, procedures, or practices and for concluding such an investigation and resolving the allegation.

    (g) Provide a means whereby any alleged failure by a school employee to comply with the policies, procedures, or practices that also may be a violation of state or federal law is reported to the proper authorities.

    (h) Provide a means to assure that all school system employees are informed fully of the policies, procedures, and practices and the possible consequences at the school and school system level for a failure to comply.

    (i) Provide a means to assure that a parent or other person responsible for a child's school attendance is fully informed of the policies, procedures, and practices.

    (j) Provide a means for a parent or other person responsible for a child's school attendance to request that the child not be contacted through electronic communication by any school employee unless the purpose of such communication is directly related to the child's educational services and is sent to and received by more than one student at the school.

    (3) Any city, parish, or other local public school board having existing policies, procedures, and practices relative to electronic communication by an employee at a school to a student enrolled at that school shall conduct by not later than November 15, 2009, a formal evaluation of all such policies, procedures, and practices to determine their compliance with the provisions of Paragraph (2) of this Subsection and shall take all action necessary to conform the existing policies, procedures, and practices to such requirements.

    (4) No city, parish, or other local public school board or member of such a board shall be civilly liable for any electronic communication by an employee to a student that is prohibited as provided in this Subsection.

    (5) For the purposes of this Subsection, the term "city, parish, or other local public school board" shall mean the governing authority of any public elementary or secondary school.

    R. Repealed by Acts 2024, No. 686, §2, eff. June 19, 2024.

    S.(1) In addition to any other provision of applicable law, rule, regulation, or code, each city, parish, and other local public school board shall adopt and implement policies providing for inspections by qualified persons of all fire safety and prevention equipment, including but not limited to fire alarm and smoke detection devices at each school under its jurisdiction at least twice during each school year and to require that all necessary actions be taken by appropriate persons in a timely manner to assure that all such equipment is in good working order and meets the need for which intended. Such policies shall provide, at a minimum, that any employee of the board who performs an inspection pursuant to this Subsection shall have received the appropriate training necessary to perform such inspection, and documentation of such training shall be included in the employee's personnel file.

    (2) For the purposes of this Subsection, the term city, parish, and other local public school board shall mean the governing authority of any public elementary or secondary school.

    (3) The provisions of this Subsection shall not be construed to require any inspection by the office of the state fire marshal in addition to those otherwise required by law, rule, or regulation.

    T. Repealed by Acts 2024, No. 686, §2, eff. June 19, 2024.

    U. Notwithstanding the provisions of this Section, a city, parish, and other local public school board shall retain all authority given by law to such boards to prescribe the duties and fix the salaries of and hold tenure hearings for all employees of such boards, as applicable.

    V.(1) Notwithstanding any provision of law to the contrary, no member of a city, parish, or other local public school board shall be prohibited from requesting, in writing or in open or executive session of the board, the status of any personnel matter. The requirement that any such request be in writing or made during an open or executive session of the board shall not apply when the board member has knowledge of the possible or alleged commission of a crime by a school board employee. Notwithstanding any provision of law to the contrary, no member of a city, parish, or other local public school board shall be prohibited from providing information on due process, grievance procedures, hearings, and tenure to any constituent of the member upon the constituent's request. Notwithstanding any provision of law to the contrary, no member of a city, parish, or other local public school board shall be prohibited from seeking or providing information on other issues regarding the operation of schools.

    (2) The provisions of this Subsection are subject to other requirements of law relative to the confidentiality of information contained in an employee's personnel files.

    W.(1) Notwithstanding any provision of law to the contrary, each city, parish, and other local public school board shall adopt a policy to require each school under its jurisdiction to provide the following:

    (a) An appropriate, private room, other than a restroom, that may be used by an employee to express breast milk.

    (b) A reasonable amount of break time to accommodate an employee needing to express breast milk that, to the extent possible, shall run concurrently with the break time already provided to the employee, and that shall be available to the employee for up to one year following the birth of her child.

    (c) Procedures for the employee to notify her supervisor or other appropriate personnel of her intent to make use of the accommodations offered pursuant to the policy and to schedule accordingly.

    (2) Any additional break time used by an employee to express breast milk as provided in this Subsection shall be considered unpaid leave time.

    (3) Nothing in this Subsection shall require any new construction by a city, parish, or other local public school board nor shall its provisions result in any additional cost to the school board.

    X. Repealed by Acts 2024, No. 686, §2, eff. June 19, 2024.

    Y. Repealed by Acts 2024, No. 686, §2, eff. June 19, 2024.

    Z.(1) Each city, parish, or other local school board shall offer its employees the opportunity to participate in the Louisiana Public Employees Deferred Compensation Plan as established by R.S. 42:1301 et seq. The requirement of this Paragraph does not prohibit a school board from offering its employees the opportunity to participate in other plans established pursuant to Section 457 of the Internal Revenue Code.

    (2) Each city, parish, or other local school board to which R.S. 42:851 applies shall provide the health insurance coverage required pursuant to R.S. 42:851(U).

    AA. The governing authority of each public school may require that at least one member of the coaching staff for each extracurricular sport offered by the school is certified in cardiopulmonary resuscitation, first aid, and the use of an automated external defibrillator.

    BB.(1) Each public school governing authority shall either establish a uniform policy for student check-out that is applicable to each school under its jurisdiction or require each school principal to establish such a policy. A principal who adopts a check-out policy shall transmit the policy to the superintendent or his designee for approval.

    (2) The superintendent or his designee shall review any policy established pursuant to this Subsection at least every three years.

    CC. Each public school governing authority shall establish a policy that includes the following procedures for carpool and bus lines at any school that includes any of the grades kindergarten through five:

    (1) Students shall remain a safe distance from the pick-up area behind something material or immaterial intended to block passage, as deemed appropriate for the particular school building.

    (2) Students shall wait in the pick-up area and wait for vehicles to come to a complete stop.

    (3) A student being dropped off shall remain in the appropriate passenger restraint until the vehicle in which the student is a passenger comes to a complete stop.

    (4) A student in grades kindergarten through three shall be accompanied by a school employee while the student is walking to and from a pick-up area.

    (5) School administrators shall post signage regarding the carpool and bus line policy. [2]

    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]

    Federal law and guidance

    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]

    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]

    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]

    Federal guidance


    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

    See also: How does Louisiana compare to other states on school board authority over disciplinary policy?

    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]

    §416. Discipline of students; suspension; expulsion
    ...

    (iv) Each city, parish, or other local public school board shall adopt rules regarding the implementation of detention.
    (ii) Each city, parish, or other local public school board shall adopt rules regarding the implementation of in-school suspension.

    (2) Any student who has been suspended on three occasions for committing any of the offenses enumerated in this Subsection or Subsection C of this Section during the same school year shall, upon committing the fourth such offense, be expelled from all of the public schools of the city, parish, or other local public school system wherein he resided until the beginning of the next regular school year, and the student's reinstatement shall be subject to the review and approval of the city, parish, or other local public school board.

    §416.1. Discipline of students; additional disciplinary authority

    A. In addition to the specific disciplinary measures authorized in R.S. 17:416 teachers, principals, and administrators of the public schools may, subject to any rules as may be adopted by the parish or city school board, employ other reasonable disciplinary and corrective measures to maintain order in the schools; provided, however, that nothing in this Section shall be construed as superseding the provisions of R.S. 17:416 relative to the disciplining of students, suspensions, and expulsions. [2]

    Federal guidance

    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]

    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]

    School boards can also enter agreements with adjoining school districts to allow interdistrict enrollment:[23]

    A. Local school boards may, by mutual agreement, provide for the admission to any school of pupils residing in adjoining parishes and for transfer of school funds or other payments by one board to another for, or on account of, such attendance.

    B. Each transfer of school funds provided for in R.S. 17:105(A) shall be equal to the following for each student so admitted:

    (1) The total of:

    (a) The actual cost per student in the school system admitting such student for the school year in which such student is admitted, such cost to be determined by the state Department of Education, and

    (b) An amount equal to the cost of debt service for the school such student attends for the school year in which such student is admitted divided by the number of students attending such school;

    (2) Less all monies received by the admitting school system through the minimum foundation program formula because of the attendance of such students.

    C. If the remainder of the computation required in R.S. 17:105(B) is less than zero, then neither school system shall be financially liable to the other for, or on account of, such attendance.[2]

    Federal law and guidance


    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]

    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:

    a. comply with any transfer conditions previously specified by BESE at the time BESE made the determination to allow the transfer;
    b. permit the charter school to remain in its facility or designate an alternative facility for use by the charter school;
    c. prohibit the charter school from establishing admissions requirements; and
    d. require any school that participated as a type 5 charter school in unified processes common to other public schools located in the same parish or school district boundaries that are critical to providing equity and access to students and families to continue to participate in such processes. At a minimum, the contract shall require the charter school to:
    i. continue to participate in any unified enrollment system and expulsion process established by the RSD for the parish or region where the charter school is located. The charter school shall follow all policies and procedures applicable to type 5 charter schools participating in the enrollment system and expulsion process; and
    ii. continue to provide transportation services for students who reside more than one mile away from the school.

    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:

    a. A letter grade of "A" or "B", or an equivalent school performance score (SPS);
    b. Met or exceeded for the three preceding school years the benchmarks established for it by the local school board in accordance with the school and district accountability system;
    c. Demonstrated growth in student academic achievement for the three proceeding school years; and
    d. Had no significant audit findings during the term of the charter agreement.

    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]

    Cellphone bans

    See also: How does Louisiana compare to other states on cellphone laws?

    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]

    2. Employees may use supplementary materials that are appropriate and relevant to the curriculum, follow appropriate district policies and procedures, and are consistent with the principles outlined above. Nothing in this section implies an obligation for the Board reimburse employees for such materials. Additionally, no employee shall be required to use or purchase supplementary materials for which they do not receive reimbursement from the Board. [2]

    Parents' bill of rights

    See also: How does Louisiana compare to other states on Parents' Bills 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]

    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]


    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

    See also: State policies on cellphone use in K-12 public schools

    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

    See also: Overview of trends in K-12 curricula development
    • 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

    Footnotes

    1. 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. 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.
    3. Justia - U.S. Law, "§ 17:81 - General powers of local public school boards," accessed February 14, 2025
    4. Justia, "Title 17 - Subpart D- § 17:261 - 17:280.2." Accessed February 14, 2025
    5. Justia, "Title 17 - Subpart D- § 17:261 - 17:280.2." Accessed February 14, 2025
    6. Louisiana Office of the Governor, "Governor Landry Signs Executive Order Preventing the Use of Critical Race Theory in Public Schools," accessed February 14, 2025
    7. Louisiana Legislature, "HOUSE BILL NO. 122," accessed February 14, 2025
    8. The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    9. Justia, "RS 17:351.1 - Textbooks and other instructional materials; review; adoption; procurement; distribution," accessed February 14, 2025
    10. Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    11. Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    12. Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    13. U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    14. Justia, "RS 17:8.1 - Certification of teachers; parental notification," accessed February 14, 2025
    15. Justia, "RS 17:24.10 - Early literacy instruction and screening; parental notification; reporting," accessed February 14, 2025
    16. Justia, "RS 17:172 - Procedures for making complaints or requesting information from schools; parental notification; rules and regulations," accessed February 14, 2025
    17. National Center on Safe Supportive Learning Environments, "Louisiana School Discipline Laws & Regulations: Parental Notification," accessed February 14, 2025
    18. The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
    19. Louisiana Legislature, "§416. Discipline of students; suspension; expulsion," accessed February 14, 2025
    20. Louisiana Legislature, "§416.1. Discipline of students; additional disciplinary authority," accessed February 14, 2025
    21. The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    22. Justia, "RS 17:4035.1 - Public school choice," accessed February 14, 2025
    23. Justia, "RS 17:105 - Admission to schools in adjoining parishes," accessed February 14, 2025
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