TITLE 17. EDUCATION

CHAPTER 1. GENERAL SCHOOL LAW

PART I. ELEMENTARY AND SECONDARY EDUCATION

SUBPART A. STATE BOARD OF ELEMENTARY AND SECONDARY EDUCATION

 

17:15     Criminal history review

 

A. (1)(a) 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 city, parish, or other local public school board or any non-public school or school system as a teacher, substitute teacher, bus driver, substitute bus driver, or 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 district attorney or, if employed on an emergency basis, unless approved in writing by the superintendent of the school system.  Any such 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.  Also, not later than thirty days after its being placed on file by the school, the school principal shall submit a copy of any such statement of approval to the state superintendent of education.

 

(b) 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 or school system to provide such services shall be considered to be hired by a school system.

 

(c) This Section shall not apply to any non-public school or non-public school system which contracts with an entity providing any of the services listed in Subparagraph

 

(b) of this Paragraph to a non-public school or non-public school system when such school or school system determines that the employees of such contractor will have limited contact with students.  In determining whether such a contractor's employee will have limited contact with students, the non-public school or non-public school system shall consider the totality of the circumstances, including factors such as the length of time the contractor's employee will be on the school grounds, whether students will be in proximity with the site where the contractor's employee will be working, and whether the contractor's employee will be working by himself or with others.  If a non-public school or non-public 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.

 

(2)(a) A city, parish, or other local public school board shall dismiss:

 

(i) Any teacher upon the final conviction of such teacher of any crime listed in  R.S. 15:587.1(C), except  R.S. 14:74, and any teacher who has pled nolo contendere to any crime listed in  R.S.15:587.1 (C), except  R.S. 14:74, after a hearing held pursuant to the provisions of Part II of Chapter 2 of this Title.

 

(ii) Any other school employee if such employee is convicted of or pleads nolo contendere to a crime listed in  R.S. 15:587.1(C), except  R.S. 14:74.

 

(iii) The superintendent of schools of any school system dismissing an employee pursuant to the provisions of this Paragraph shall notify the state superintendent of education of the employee's dismissal not later than thirty days after such dismissal.

 

(b) A city, parish, or other local public school board may reemploy a teacher or other school employee who has been convicted of 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.  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.  Also, not later than thirty 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.

 

B. Each city, parish, and other local public school board shall establish, by regulation, requirements, and procedures consistent with the provisions of  R.S. 15:587.1 under which the school systems shall determine whether an applicant, or employee, including any person employed as provided in Subparagraph (A)(1)(b) of this Section, has been arrested for or convicted of or pled nolo contendere to any criminal offense.  Included in this regulation shall be the requirement and the procedure for the submission of a person's fingerprints in a form acceptable to the Louisiana Bureau of Criminal Identification and Information prior to employment of such person.  A person who has submitted his fingerprints to the Louisiana Bureau of Criminal Identification and Information may be temporarily hired pending the report from the bureau as to any convictions of or pleas of nolo contendere by the person to a crime listed in  R.S. 15:587.1(C), except  R.S. 14:74.

 

C. The State Board of Elementary and Secondary Education by rule adopted in accordance with the Administrative Procedure Act may establish requirements and procedures consistent with the provisions of  R.S. 15:587.1 for the state Department of Education to determine whether an applicant for, or the recipient of, any certificate or license issued in accordance with state law or board policy, or both, by the department or by the board and who might reasonably be expected to be placed in a position of supervisory or disciplinary authority over school children has been arrested for or convicted of or pled nolo contendere to any criminal offense.  Included in this rule shall be the requirement and the procedure for the submission of a person's fingerprints in a form acceptable to the Louisiana Bureau of Criminal Identification and Information.

 

D. For the purposes of this Section, city, parish, or other local public school board shall mean the governing authority of any public elementary or secondary school.

 

E. (1) 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.

 

(2) 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 five hundred dollars or imprisoned for not more than six months, with or without hard labor, or both.

 

Added by Acts 1986, No. 760, § 2, eff. Jan. 1, 1987.  Amended by Acts 1989, No. 14, § 2;  Acts 1990, No. 618, § 1, eff. July 19, 1990;  Acts 1992, No. 1056, § 1, eff. July 13, 1992;  Acts 1999, No. 1052, § 2, eff. July 1, 1999;  Acts 2005, No. 416, § 1;  Acts 2006, No. 233, § 2;  Acts 2008, No. 649, § 2;  Acts 2009, No. 192, § 2, eff. June 30, 2009.