Opinion
NO. 2015 CW 1671
04-19-2016
ALEX T. SIDER v. PATRICK DOBARD, THE RECOVERY SCHOOL DISTRICT (THROUGH) THE LOUISIANA STATE DEPARTMENT OF EDUCATION, AND DESMOND MOORE
In Re: Patrick Dobard, The Recovery School District (Through) the Louisiana State Department of Education, and Desmond Moore, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 631334. BEFORE: PETTI GREW, McCLENDON, WELCH, HIGGINBOTHAM AND CRAIN, JJ.
WRIT GRANTED. The September 23, 2015 ruling denying defendants' Exceptions of No Cause of Action and No Right of Action is reversed. The Recovery School District has discretion to employ such staff members as it deems necessary. La. R.S. 17:1990(D). Plaintiff has failed to identify any procedure(s) concerning his employment that require a mandated outcome, and therefore, has failed to state a cause of action for a due process violation. Oliver v. Orleans Parish School Bd., 2014-329, 2014-330 (La. 10/31/14), 156 So.3d 596, cert. denied, 135 S.Ct. 2315, 191 L.Ed.2d 979 (2015). Plaintiff has failed to state a cause of action for breach of a verbal employment agreement. Plaintiff has no right of action for violation of his rights by converting the school to a Type 5 charter school without a vote of faculty or parents. La. R.S. 17:3983(F). Judgment is hereby rendered sustaining the Exceptions of No Cause of Action and No Right of Action and dismissing this action. This matter is remanded with instructions that the trial court allow plaintiff the opportunity to amend his pleadings in order to attempt to remove the grounds of the objections raised herein. See La. Code Civ. P. art. 934.
PMc
TMH
WJC
Pettigrew and Welch, JJ., dissent and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT