Opinion

State ex rel. Debarge v. Cameron Parish School Board

251 La. 386
204 So. 2d 572
1967 La. LEXIS 2301

Court: Supreme Court of Louisiana
Filed: Dec 11, 1967
Status: Published
Author: Sanders
On the bench: Sanders, Summers
Cited by: 4 cases
Authority: More cited than 73.4%

The opinion

Writ refused. On the facts found by the Court of Appeal we find no error of law in its judgment.

SANDERS, J.,

is of the opinion that a writ should be granted. See State ex rel. Charbonnet v. Jefferson Parish School Board, 249 La. 727 , 190 So.2d 238 (writ action) .

SUMMERS, J.,

is of the opinion the writ should be granted. The School Board did not discharge DeBarge, they merely returned him to the position he occupied before and in which he had tenure. Since he was not discharged as a teacher, the tenure law was not violated. This decision unduly restricts the School Board in its conduct of the schools under its authority and for which that Board is responsible. See R.S. La.R.S. 17:441 et seq.

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