RANKINS v. STATE BD. OF ELEM. & SEC. EDUC.
637 So.2d 548 (1994)
Court of Appeal of Louisiana, First Circuit.
March 17, 1994.
Plaintiffs assert that BESE exceeded the scope of its authority in adopting the GEE because the legislature did not specifically authorize a graduation exit exam. For the reasons assigned below, we conclude that BESE has authority to establish the GEE as a requirement for obtaining a state diploma.
Article VIII Section 3(A) of the Louisiana Constitution provides that:
The State Board of Elementary and Secondary Education is created as a body corporate. It shall supervise and control the public elementary and secondary schools, vocational-technical training and special schools under its jurisdiction and shall have budgetary responsibility for all funds appropriated or allocated by the state for those schools, all as provided by law. The board shall have other powers, duties, and responsibilities as provided by this constitution or by law, but shall have no control over the business affairs of a parish or city school board or the selection or removal of its officers and employees. The Louisiana Supreme Court, in Aguillard v. Treen,440 So.2d 704, 708 (La.1983), concluded that this constitutional provision is not self-executing. Thus, BESE's supervision and control of public elementary and secondary education is not unfettered, but is subject to the laws passed by the legislature.2Id. We therefore look to legislative enactments in search of BESE's authority to establish the GEE.
The legislature set forth the general powers of BESE in La.R.S. 17:6. This statute contains numerous grants of specific powers as well as the following general provision:
A. In the exercise of its supervision and control over the public elementary and secondary schools, vocational-technical and postsecondary vocational-technical schools and programs except in colleges and universities, and special schools under its jurisdiction, and in the exercise of its budgetary responsibility for all funds appropriated or allocated by the state for public elementary and secondary schools, vocational-technical and postsecondary vocational-technical programs and schools except colleges and universities, and special schools placed under its jurisdiction, the board shall have authority to:
. . . .
(15) Perform such other functions as are necessary to the supervision and control of those phases of education under its supervision and control.