Legal Opinion

Kasha Lapointe v. Vermilion Parish School Board

Supreme Court of Louisiana

Decided June 30, 2015No. 2015-CA-0432PublishedCited by 24 opinions

1Opinion of the Court

GUIDRY, Justice.

IjWe are called upon to determine whether the lower court erred in declaring unconstitutional on its face Act 1 of the 2012 Legislative Session as codified in La.Rev.Stat. 17:443(B)(1) and (2). Upon de novo review, we find the court of appeal erred in declaring La.Rev.Stat. 17:443 as amended by Act 1 of 2012 unconstitutional on its face because it does not afford a full evidentiary hearing before a neutral adjudicator prior to termination. Instead, we find La.Rev.Stat. 17:443 as amended by Act 1 of 2012 provides sufficient due process to protect the tenured teacher’s vested…

2Cases cited22 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  3. United States v. SalernoSupreme Court of the United States · 1987
  4. Fuentes v. ShevinSupreme Court of the United States · 1972
  5. Bishop v. WoodSupreme Court of the United States · 1976

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3Cited by24 opinions

  1. Lee Rand v. City of New OrleansSupreme Court of Louisiana · 2017
  2. Iberville Parish School Board v. Louisiana State Board of Elementary and Secondary Education and the State of Louisiana Through the State Department of Education C/W Louisiana Association of Educators, Caddo Association of Educators, Calcasieu Association of Educators, Inc., Concordia Association of Educators, the East Baton Rouge Association of Educators, Lafayette Parish Association of Educators, Madison Association of Educators, Monroe Association of Educators, St. Landry Association of Educators, St. Mary Association of Educators, Ann Burruss, Rev. Oscar Hamilton, Deborah Hargrave, Melinda Waller Mangham and Thomas Tate v. State of Louisiana, the Louisiana State Board of Elementary and Secondary Education and the State of Louisiana Through the Department of EducationSupreme Court of Louisiana · 2018
  3. State of Louisiana v. Dominick SimsSupreme Court of Louisiana · 2016
  4. Arrow Aviation Company, LLC v. St. Martin Parish School Board Tax Sales Dept.Supreme Court of Louisiana · 2016
  5. LaPointe v. Vermilion Parish School BoardLouisiana Court of Appeal · 2015

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