Louisiana Administrative Code › Title 28 - EDUCATION › Part CXV - Bulletin 741-Louisiana Handbook for School Administrators › Chapter 5 - Personnel › Section CXV-502 - Staff Misconduct

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