Orleans Parish School Board v. Pastoree

The respective powers and duties of BESE and the school boards are set forth by La. Const, art. VIII, § 3(A), which grants BESE the authority to supervise, manage, and operate school that have “been determined to be failing.” The language of the provision is expressly limited to failing schools; thus, Article VIII does not grant BESE the authority to operate non-failing schools indefinitely. Therefore, the majority’s holding permitting non-failing schools to be retained under BESE’s jurisdiction ad infinitum is clearly problematic. Further, the rationale for the majority’s holding is flawed…