Louisiana Administrative Code
Title 28 - EDUCATION
Part CXV - Bulletin 741-Louisiana Handbook for School Administrators
Chapter 5 - Personnel
Section CXV-515 - Teachers' Retirement System - Part-Time, Seasonal, or Temporary Classroom Teacher
Universal Citation: LA Admin Code CXV-515
Current through Register Vol. 50, No. 9, September 20, 2024
A.R.S. 11:162(C) provides that membership in the Teachers' Retirement System of Louisiana (TRSL) shall be required of part-time, seasonal, or temporary employees, as defined in 26 CFR 31.3121(b)(7)-2, who are classroom teachers and who have or earn five or more years of creditable service in the TRSL.
B. Classroom Teacher
1. For the purposes of
R.S.
11:162(C):
Classroom Teacher -
i. an employee of an LEA under the control of
BESE or any educational institution supported by and under the control of BESE,
or any LEA:
(a). whose job description and
assigned duties include the instruction of pupils in courses in traditional or
nontraditional classroom situations for which daily pupil attendance figures
for the school system are kept; and
(b). who is classified under object code 112,
as provided in Bulletin 1929, Louisiana Administrative Code
Title 28, Part XLI
§901. B.1 b, or is
performing the functions, on a substitute basis, of an individual classified
under object code 112;
ii. instruction of pupils, as used in
Subclause i.(a) of this definition, shall include activities dealing directly
with the interaction between teachers and pupils. Instruction may be provided
for students in a school classroom, in another location such as a home or
hospital, and in other learning situations such as those involving
co-curricular activities. Instruction may also be provided through some other
approved medium such as television, radio, telephone, and
correspondence;
iii. classroom
teachers shall include, but not be limited to:
(a). traditional subject area;
(b). special education;
(c). library media;
(d). resource;
(e). itinerant;
(f). music;
(g). band;
(h). chorus;
(i). physical education;
(j). home economics;
(k). agriculture;
(l). industrial arts;
(m). computer science; and
(n). business teachers.
iv. a teacher's status as an "employee," as
used in Clause i of this definition, shall be consistent with the employment
classification made by his or her employing agency, pursuant to applicable law.
C. Rehired Retirees
1. Any retired member of TRSL, other
than a retired teacher as defined in
R.S.
11:710, who returns to active service covered
by TRSL, shall have retirement benefits suspended for the duration of
reemployment.
2. In order for a
person who qualifies as a retired teacher because he teaches in a shortage area
to receive benefits during the period of her or his reemployment, the
superintendent and the personnel director of the employing school must certify
to BESE and the TRSL board of trustees that a shortage of teachers exists in
the area in which the retired teacher was hired to teach. For speech
therapists, speech pathologists, and audiologists in a shortage area, the
employer is required to certify that a shortage of such persons
exists.
3. Prior to certification,
for any full-time teaching position, the employer shall advertise the position
twice in the official journal of the school's governing authority and
non-retirees shall be given hiring preference over retirees, unless fewer than
three applicants have applied for the position.
4. LEAs shall adhere to all applicable state
regulations regarding membership in TRSL.
AUTHORITY NOTE: Promulgated in accordance with R.S. 11:162(C) and R.S. 11:710.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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