Louisiana Revised Statutes 17:8.7 – Prohibition against granting an educator credential or teaching authorization to certain person; appeals
Terms Used In Louisiana Revised Statutes 17:8.7
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
A. The State Board of Elementary and Secondary Education shall not grant an educator credential, a teaching authorization, or a certification of any type to a person who has been convicted of or pled nolo contendere to any crime listed in La. Rev. Stat. 15:587.1(C).
B. The board may, after a successful appeal, issue an educator credential or other teaching authorization to a person who has been convicted of or has pled nolo contendere to a felony offense, or an offense listed in La. Rev. Stat. 15:587.1(C), who has been found to have submitted fraudulent documentation to the board or the state Department of Education as part of an application for a teaching certificate or other teaching authorization, or who has been found to have facilitated cheating on any state assessment as determined by the board, if all of the following conditions apply:
(1) Five years have passed from the date of entry of the person’s final conviction, the date of entry of a plea of nolo contendere, or the date of receipt of notification from the board of its determination that the person submitted fraudulent documentation or facilitated cheating on a state assessment.
(2) The board has received a request from the person for a formal appeal and has conducted a review of the person’s background, and the person has provided letters of recommendation to the board, all in accordance with board policies.
(3) The provisions of Subsection A of this Section shall not apply to any educator with an offense provided for in La. Rev. Stat. 40:966(A), 967(A), 968(A), 969(A), or 970(A) who has already been issued certification after an appeal to the board related to those specific offenses before July 1, 2023, or who has an appeal pending on June 30, 2023.
C. Not later than December thirty-first of each year, the board shall post on its website a report detailing the number of appeals filed with the board for the calendar year, the offense upon which the appeal is based, the disposition of each appeal, and the number of teacher certifications or other authorization to teach issued as the result of all successful appeals. The information in the report shall be reported in aggregate and by individual school and school system.
D. In accordance with the Administrative Procedure Act, the board may adopt any rules necessary for the orderly implementation of this Section and may make further provisions not inconsistent with this Section.
Acts 2023, No. 392, §1, eff. June 14, 2023.