On behalf of the Louisiana School Boards Association and 44 local school districts, Bob Hammonds recently obtained a decision from the 19th Judicial District Court declaring Act 2 of the 2012 Legislative Session (vouchers) unconstitutional. This significant ruling, which followed a three day trial, declared that the diversion of funds from the Minimum Foundation Program (MFP) to private entities was unconstitutional.
In Settle v. Bossier Parish School Board, the plaintiffs alleged that the school board had mislead the voters relative to a tax proposition that was on the ballot and which resulted in the passage of over $200,000,000 in general obligation bonds. The plaintiffs pursued their claims through the local district court, the Second Circuit Court of Appeals and the Louisiana Supreme Court, all of which held that the school board had conveyed accurate information to the public and that the results of the election would stand. The defense of this matter was handled by Jon K. Guice of the Monroe office.
In September of 2012, Judge Dee D. Drell, United States District Court, Western District of Louisiana, issued a ruling granting the Motion for Summary Judgment filed by attorneys for the firm on behalf of the Avoyelles Parish School Board. The plaintiff had asserted claims under the Age Discrimination and Employment Act and the Louisiana Age Discrimination Employment Act claiming that she was not rehired as a Family Consumers Services teacher for the 2009/2010 academic year because of her age. The Court held that the plaintiff was unable to show that she was not selected based upon age.
On October 3rd, The Third Circuit Court of Appeals in Peters v. Allen Parish School Board, affirmed the district court judgment and entered a judgment in favor of the school board. The Court of Appeal held that a school administrator did not breach her duty of care by allowing children to leave school with their mother, who had been out of state for two years. Bob Hammonds and Neal Johnson handled the defense of the school board in connection with the lawsuit.
In November, the Third Circuit Court of Appeal in the case of Irchirl v. Nachitoches Parish School affirmed the decision of the lower court in dismissing a tenured teacher for willful neglect of duty. The Court of Appeal held that the district court was required to give great deference to the school board’s findings of fact and credibility and that there was adequate evidence to support the School Board's decision to terminate the plaintiff. Bob Hammonds and Pam Dill handled the defense of the school board in connection with the lawsuit.
Neal Johnson recently obtained a significant victory in the Louisiana Supreme Court which will have long-range impact for school employees all across the state. In Credit v. Richland Parish School Board, the Court reversed a lower court's decision which had allowed school employees to be sued in their individual capacities on student injury claims. The Supreme Court clarified the law and held that such suits should only be brought against the school district, unless the evidence suggested that the teachers had intentionally sought to harm the student or had acted outside the course and scope of their employment.
