Current through Register Vol. 50, No. 9, September 20, 2024
A. A
review of a determination of ineligibility for owners, directors or director
designees of type III centers shall not be considered if it is based in part on
any crime or event listed in
§1805.A through C of
this Chapter.
B. A review of a
determination of ineligibility may only be considered for owners, directors or
director designees of type III centers if the determination is based solely on
a crime of fraud listed in
§1805.D of this
Chapter.
C. A review of a
determination of ineligibility based solely on a crime of fraud listed in
§1805.D of this
Chapter shall not be considered until at least five years have lapsed from the
date of entry of the final conviction or plea which resulted in the
determination of ineligibility.
D.
An applicant may apply to the Board of Elementary and Secondary Education
(BESE) for a review of his/her determination of ineligibility based solely on a
crime of fraud listed in
§1805.D of this
Chapter after the lapse of time indicated above and under the following
conditions:
1. There are no other crimes or
events that would render the applicant ineligible to be an owner, director, or
director designee of a type III center pursuant to
§1805 of this Chapter other than a
crime of fraud listed in
§1805.D of this
Chapter; and
2. There has been
successful completion of all conditions/requirements of any parole or
probation.
E. The
applicant must provide relevant documentation, including:
1. documentation from the department that the
determination of ineligibility is based solely on a crime of fraud listed in
§1805.D of this
Chapter and there are no other crimes or events that would prohibit the
applicant from being eligible to be an owner, director, or director designee of
a type III center; and
2. relevant
documentation of all conditions and requirements of any parole and/or
probation.
F. Applicants
responsibilities are as follows:
1. contact
the BESE office and submit a written request for a review of records for a
determination of ineligibility as an owner, director or director designee of a
type III center based on a crime of fraud listed in
§1805.D of this
Chapter; and
2. provide each
applicable item identified in Subsection D of this Section and any evidence of
rehabilitation. It is recommended that the applicant provide letters of support
from past/present employers, law enforcement officials or other community
leaders.
G. BESEs
Responsibilities
1. BESE or its designees
will consider the request for a review of the determination of ineligibility
and the documentation provided. BESE is not required to conduct a review of the
determination and may summarily deny a request for review.
2. If BESE or its designees decide to conduct
a records review of the determination, BESE staff shall notify the applicant of
a date, time, and place when a BESE committee shall consider the applicants
request. Only written documentation provided prior to the records review will
be considered.
3. BESE 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 to be an owner, director or
director designee of a type III center pursuant to
§1805.D of this
Chapter.
4. The BESE committee
shall make a recommendation to the full board regarding whether the
determination of ineligibility shall be changed to a determination of
eligibility. Board staff shall notify the applicant of BESEs action.
5. BESEs action is a final decision and can
only be appealed to a court of proper jurisdiction in accordance with
law.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:6.
