La. Admin. Code tit. 28 § LXXIX-123

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

Section LXXIX-123 - Personnel

A. Each school shall request in writing that the Louisiana Bureau of Criminal Identification and Information (bureau) supply information to ascertain whether an applicant for employment or an employee, including any person employed as provided in Subsection C of this Section has been arrested for or convicted of, or pled nolo contendere to, any criminal offense.

1. The request must be on a form prepared by the bureau and signed by a responsible officer or official of the school making the request.

2. The request must include a statement signed by the person about whom the request is made which gives the person's permission for such information to be released.

3. The request must include the person's fingerprints in a form acceptable to the bureau.

a. Repealed.

B. No person who has been convicted of or has pled nolo contendere to a crime listed in R.S. 15:587.1(C)shall be hired by any elementary or secondary school as a teacher, substitute teacher, bus driver, substitute bus driver, janitor, or as a temporary, part-time, or permanent school employee of any kind unless approved in writing by a district judge of the parish and the parish district attorney or if employed on an emergency basis, unless approved in writing by either the superintendent of the school system or school leader.

1. This statement of approval shall be kept on file at all times by the school and shall be produced upon request to any law enforcement officer.

2. Not later than thirty days after its being placed on file by the school, the school principal shall submit a copy of the statement of approval to the state superintendent of education.

C. For purposes of this Section, any person employed to provide cafeteria, transportation, or janitorial or maintenance services by any person or entity that contracts with a school to provide such services shall be considered to be hired by a school system.

1. This Section shall not apply to any school which contracts with an entity providing any of these services to a school or school system when such school or school system determines that the employees of such contractor will have limited contact with students.

a. In determining whether such a contractor's employee will have limited contact with students, the nonpublic school or nonpublic school system shall consider the totality of the circumstances, including factors such as:

i. the length of time the contractor's employee will be on the school grounds;

ii. whether students will be in proximity with the site where the contractor's employee will be working; and

iii. whether the contractor's employee will be working by himself or with others.

b. If a school or school system has made this determination, it shall take appropriate steps to protect the safety of any students that may come in contact with such a contractor's employee.

D. A school shall dismiss any teacher or any other school employee if such teacher or other school employee is convicted of, or pled nolo contendere to, any crime listed in R.S. 15:L587.1(C), except R.S. 14:74.

1. Any school dismissing an employee pursuant to the provisions of this Subsection shall notify the state superintendent of education of the employee's dismissal not later than thirty days after such dismissal.

E. A school may reemploy a teacher or other school employee who has been convicted of, or pled nolo contendere to, a crime listed in R.S. 15: 587.1(C), except R.S. 14:74, only upon written approval of the district judge of the parish and the district attorney or upon written documentation from the court in which the conviction occurred stating that the conviction has been reversed, set aside, or vacated.

1. Any such statement of approval of the judge and the district attorney and any such written documentation from the court shall be kept on file at all times by the school and shall be produced upon request to any law enforcement officer.

2. Not later than 30 days after its being placed on file by the school, the school principal shall submit a copy of any such statement of approval or written documentation from the court to the state superintendent of education.

F. A teacher or any other school employee upon his final conviction or plea of guilty or nolo contendere to any criminal offense, excluding traffic offenses, shall report the fact of his conviction or plea to his employer within forty-eight hours of the conviction or plea of guilty or nolo contendere.

1. Any person who fails to report a conviction or plea of guilty or nolo contendere of any criminal offense listed in the provisions of R.S. 15:587.1(C)(1) shall be fined not more than $500 or imprisoned for not more than six months, with or without hard labor, or both.

La. Admin. Code tit. 28, § LXXIX-123

Promulgated by the Board of Elementary and Secondary Education, LR 29:2344 (November 2003), amended LR 31:3074 (December 2005), LR 39:1439 (June 2013), Amended LR 442132 (12/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10), (11), and (15), 17:7(6), 17:10, 17:15, 17:22(6), 17:391.1-391.10, 17:411, and 17:587.1.