La. Admin. Code tit. 28 § CXXXI-1919

Current through Register Vol. 50, No. 6, June 20, 2024

Section CXXXI-1919 - Records Review for Appeal of Sanction

A. The board will consider an eligible request for a records review and documentation provided. The board is not required to conduct an issuance or reinstatement records review and may summarily deny a request.

B. If the board or designee decides to conduct a records review, board staff will notify the applicant of a date, time, and place when a committee of the board will consider the applicant's request. Only the written documentation provided prior to the records review will be considered. In all cases, appellants are encouraged to submit letters of recommendation from past/present employers, educator and professional references, and community leaders that evidence the character, ethics, rehabilitation, and accomplishments of the educator.

C. Submission of specific documentation is required and will be determined by the prior action or violation for which the records review is requested. BESE staff will communicate timelines and documentation requirements to appellants upon request.

D. The board reserves the right to accept or reject any document as evidence of rehabilitation and the right to determine if adequate rehabilitation has occurred and will itself determine if and when an applicant is eligible for issuance or reinstatement of an educator credential.

E. In accordance with R.S. 42:17(A)(1), the board may meet in executive session for discussion of the character, professional competence, or physical or mental health of a person.

F. The board may deny any request for issuance by any applicant who:

1. failed to disclose prior criminal convictions or expungements;

2. falsified academic records or application documents;

3. has been found to have participated in cheating in the administration of standardized tests;

4. received further criminal arrests or convictions; or

5. failed to meet the standards for effectiveness outlined in LAC 28:CXLVII, Bulletin 130.

G. The committee of the board will make a recommendation to the full board regarding whether the credential should be sanctioned, issued, reinstated, suspended for an additional period of time, revoked, or other action as determined in this Chapter.

H. The action of the board is a final decision and can only be appealed to a court of proper jurisdiction in accordance with law.

I. Provisional Approval. Educator credential may be reinstated or issued provisionally for a period of 90 days and pending ratification by BESE via a records review process and contingent upon certain criteria.

1. In criminal cases, the felony conviction occurred more than 10 year prior with no additional convictions or repeat offenses, and the conviction does not involve violence, sex, children, or any crime outlined in R.S. 15:587.1.

2. In license censure cases, the censure determination was based upon criteria that would not invalidate a Louisiana educator credential, nor does the censure involve violence, sex, children, or any crime outlined in R.S. 15.587.1.

J. An educator meeting criteria for provisional approval will be issued a Louisiana educator credential, appropriate to the qualifications of the educator, and valid for a period of 90 days. The provisional approval is subject to ratification by the board at the next convening meeting of BESE. If a forthcoming records review is not ratified by the board, additional sanctions may be enforced.

La. Admin. Code tit. 28, § CXXXI-1919

Promulgated by the Board of Elementary and Secondary Education, LR 481754 (7/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10), (11), and (15), 17:7(6), 17:10, 17:22(6), 17:391.1391.10, and 17:411.