Judges: RICHARD P. IEYOUB
Filed Date: 10/26/2001
Status: Precedential
Modified Date: 7/5/2016
Dear Representative Kennard:
This office is in receipt of your recent opinion request on behalf of Pauline Gaspard, a bus driver with the East Baton Rouge Parish School Board. You sought an opinion from this office regarding the applicability of LSA-R.S.
LSA-R.S.
A.(1)(a) Whenever a school bus operator is needed to drive a new route or a route vacated by a previous operator, the school bus operator who is tenured and has acquired the greatest seniority shall be offered the opportunity to and may change from driving his route to the vacant route before another operator is selected.
(b) If the tenured bus operator with the greatest seniority chooses not to change to the vacant route, the route shall then be offered in order of seniority to a school bus operator who has acquired tenure.
(c) If no tenured operator chooses to change to the vacant route, the route shall then be offered to a full-time probationary bus operator.
(d) If no regular bus operator, tenured or probationary, chooses to change to the vacant route, then a substitute bus operator shall be selected for the position from a list of approved substitute school bus operators.
(2) A substitute operator shall not be used to fill a route vacancy except as provided in R.S.
17:500 (C)(2)(b) and (c). (Emphasis supplied).* * *
LSA-R.S.
Based on this opinion, "mere rescheduling of bus operators' routes would not constitute a new route." However, according to your letter and conversations with representatives from East Baton Rouge Parish School Board, they did more than "merely reschedule" a few bus routes. East Baton Rouge Parish School Board made a total changeover of its routes for the 2001-2002 school year. Some routes were changed significantly, while others were only changed minutely. Therefore, it is our opinion that the requirements of LSA-R.S.
Local school boards are mandated by LSA-R.S.
You also requested that this office determine whether special education routes are included in the desegregation order mandated by federal court. It is the policy of this office to refrain from issuing formal opinions on matters that are in litigation. You may wish to address this question to the attorney representing the school board in that matter.
I hope this opinion sufficiently addresses your concerns. If I can be of further assistance, please let me know.
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
By: ____________________________ Veronica L. Howard Assistant Attorney General
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