Current through Register Vol. 50, No. 3, March 20, 2024
A. Each
LEA, prior to hiring any employee, shall require that the applicant for
employment sign a statement providing for the disclosure of information by the
applicant's current or previous employer, if such employer is an LEA, relative
to all instances of sexual misconduct with students committed by the applicant,
if any, and releasing the current or previous employer, if such employer is a
city, parish, or other local public school board, and any school employee
acting on behalf of such employer from any liability for providing such
information.
1. The statement shall provide
procedures for the disclosure of information by the applicant's current or
previous employer, if such employer is the Louisiana School for the Deaf, the
Louisiana School for the Visually Impaired, or the Louisiana Special Education
Center, relative to all instances of abuse or neglect of students, as such
terms are defined in Children's Code Article 603, as committed by the
applicant, if any.
2. Prior to
hiring any applicant, each LEA must request, in writing, that the applicant's
current or previous employer, if such employer is an LEA, provide the
above-described information, if such information exists, and make available to
the hiring school board copies of any documents as contained in the applicant's
personnel file maintained by such employer relative to such instances of sexual
misconduct, if any. Such request for information must include a copy of the
aforementioned statement signed by the applicant.
3. If such information exists, it must be
provided and copies of all documents as contained in the applicant's personnel
file relating to all instances of sexual misconduct, if any, must be made
available to the requesting school board no later than 20 business days from
the receipt of the request.
4. Any
LEA or any school employee who discloses such information in good faith shall
be immune from civil liability for having disclosed such information.
5. An applicant who does not sign the
disclosure and release statement cannot be hired. An applicant can be hired on
a conditional basis pending the hiring board's review of any information
obtained.
6. The statement shall
provide procedures for the disclosure of information by the applicant of all
instances of sexual misconduct with and abuse or neglect of any student
committed by the applicant, if any, and such procedures shall include written
notification by the school board, on any application forms provided to the
applicant, of the disclosure requirements.
7. Any information obtained can only be used
by the hiring board for the purpose of evaluating an applicant's qualifications
for employment for the position for which he or she has applied. Such
information is not subject to the Public Records Act and is not to be disclosed
to any person, other than the applicant, who is not directly involved in the
process of evaluating the applicant's qualifications for employment.
Unauthorized disclosure is a misdemeanor offense with exposure to a fine of up
to $500 or imprisonment for up to six months, or both.
8. Adult sexual misconduct in schools, for
the purposes of disclosing information to LEAs as required by
R.S.
17:81.9, includes sexually inappropriate
behavior by the adult that is directed at a student, including but not limited
to sexually-related conversations, jokes, or questions directed at students.
More specifically, sexual misconduct and abuse or neglect is:
a. any conduct that would amount to sexual
harassment under Title IX of the (U.S.) Education Amendments of 1972, as
amended;
b. any conduct that would
amount to a sexual offense affecting a minor under state criminal
codes;
c. any sexual relationship
by a school employee with a student, regardless of the student's age; with a
former student under 18; with a former student (regardless of age) who suffers
from a disability that would prevent consent in a relationship. All students
enrolled in the school and in any organization in which the school employee
holds a position of trust and responsibility are included;
d. any activity directed toward establishing
a sexual relationship such as sending intimate letters; engaging in sexualized
dialogue in person, via the Internet, in writing or by phone; making suggestive
comments; dating a student.
9. The statement shall include:
a. all actual cases of sexual misconduct with
a minor or student by the applicant;
b. all investigations of sexual misconduct by
the applicant with a minor or student that occurred within thirty-six months
prior to the applicant's resignation, dismissal, or retirement from school
employment;
c. all actual or
investigated cases of abuse or neglect of a minor or student by the
applicant.
10. Any
applicant who knowingly and willfully violates the provisions of this Section
shall be guilty of a misdemeanor offense and shall be fined not more than five
hundred dollars or imprisoned for not more than six months, or both.
B. Sexual conduct (including
sexual intercourse and any lewd or lascivious behavior) between an educator
(including any administrator, coach, instructor, paraprofessional, student
aide, teacher, or teacher aide) and a student, who is under the age of 19 and
who is a student at the school where the educator is assigned, employed, or
working at the time of the offense, is prohibited.
1. Consent of the student or lack of
knowledge of the student's age is not a defense.
2. Notwithstanding any claim of privileged
communication, any educator having cause to believe that prohibited sexual
contact between an educator and a student has occurred or is occurring shall
immediately report such conduct to a local or state law enforcement
agency.
3. No cause of action shall
exist against any person who in good faith makes a report, cooperates in any
investigation arising as a result of such report, or participates in judicial
proceedings arising out of such report, and such person shall have immunity
from civil or criminal liability that otherwise might be incurred or
imposed.
4. No immunity shall
extend to any person who makes a report known to be false or with reckless
disregard for the truth of the report, but in any action to establish damages
against a defendant who made a false report, the plaintiff shall bear the
burden of proving that the defendant who filed the false report knew that the
report was false or that the report was filed with reckless disregard for the
truth of the report.
C.
Interaction between a student and a school employee in any classroom, office,
meeting room, or other similarly enclosed area on school property is prohibited
unless, during the full time of such interaction, another school employee, the
student's parent, or other authorized adult is present, or the student and the
employee are clearly viewable by persons outside the area through an open door
or entrance or window or other means that provide an unobstructed view. The
following exceptions apply:
1. interaction
between a student and a school counselor as defined in
R.S.
17:3002, or between a student and a social
worker, a psychologist or other duly certified/licensed mental health or
counseling professional.
2.
interaction between a student and a school employee when the school employee is
appraising, evaluating, or testing the student in accordance with the
provisions of BESE Bulletin 1508;
3. interaction between a student and a school
employee when the employee is providing services as required by the student's
IEP;
4. interaction between a
student and a school employee engaged in the performance of a noncomplex health
procedure as defined in
R.S.
17:436(A);
5. interaction between a student and a school
nurse or other duly certified/licensed health care professional; and
6. interaction between a student and a
teacher or administrator concerning a matter of confidentiality and/or
safety.
D. A school
employee shall report his or her arrest for a violation of any of the crimes
provided in
R.S.
15:587.1, any other sexual offense affecting
minors, or any justified complaint of child abuse or neglect on file in the
central registry pursuant to article 615 of the Children's
Code within 24 hours of the arrest. However, if the school employee is
arrested on a Saturday, Sunday, or a legally declared school holiday such
report shall be made prior to the school employee next reporting for his work
assignment at a school.
1. School employee
means any employee of, an LEA including a teacher, substitute teacher, bus
driver, substitute bus driver, or janitor, and shall include all temporary,
part-time, and permanent school employees.
2. All school governing bodies shall
promulgate reporting policies and/or procedures to be followed by any employee
arrested for the aforementioned offenses.
3. The report shall be made by the school
employee to a person or persons as specified by the LEA.
4. The report shall be made by the school
employee regardless of whether he or she was performing an official duty or
responsibility as a school employee at the time of the offense.
5. In addition, the school employee shall
report the disposition of any legal proceedings related to any such arrest
within twenty four hours, which shall also be made a part of any related files
or records.
6. Failure to comply
with these provisions shall result in the following:
a. suspension, with or without pay, of said
employee by the employee's LEA if such employee is serving a probationary term
of employment or if the provisions of law relative to probation and tenure are
not applicable to the employee;
b.
removal proceedings under
R.S. 17:45,
443, 462, 493, 523, or 533, as applicable, for tenured employees;
i. written and signed charges alleging such
failure shall be brought against any such tenured employee.
7. Unless criminal
charges are instituted pursuant to an arrest which is required to be reported,
all information, records, hearing materials, and final recommendations of the
school pertaining to such reported arrest shall remain confidential and shall
not be subject to a public records request.
E. A school bus operator shall report his
arrest for a violation of
R.S.
14:98, 98.1, or any other law or ordinance
that prohibits operating a vehicle while under the influence of alcohol or any
abused substance or controlled dangerous substance set forth in the schedules
provided in
R.S.
40:964.
1.
School bus operator means any employee of an LEA whose duty it is to transport
students in any school bus or activity bus to and from a school approved by
BESE or to and from any school-related activity.
2. The report shall be made by the operator
to a person or persons as specified by the LEA in rules and
regulations.
3. Such report shall
be made within twenty four hours of the arrest or prior to the operator next
reporting for his work assignment as a school bus operator, whichever time
period is shorter.
4. Such report
shall be made by the school bus operator regardless of who owns or leases the
vehicle being driven by the operator at the time of the offense for which he
was arrested and regardless of whether the operator was performing an official
duty or responsibility as a school bus operator at the time of the
offense.
5. A school bus operator
who fails to comply with the provisions of this Section shall be terminated by
the LEA employing the operator if such operator is serving a probationary term
of employment as provided by
R.S.
17:492 or if the provisions of law relative
to probation and tenure of bus operators are not applicable to the
operator.
6. A school bus operator
employed by an LEA who is a regular and permanent employee of the board as
provided by
R.S.
17:492 shall be subject to removal as
provided by
R.S.
17:493 for failure to comply with the
provisions of this Section.
a. Written and
signed charges alleging such failure shall be brought against the bus
operator.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:15;
R.S.
17:81.9; R.S. 17:587.1;
R.S.
17:7.
