Table of Contents Title 28 EDUCATION Part CXV. Bulletin 741―Louisiana Handbook for School Administrators Chapter 1. Foreword ................................................................................................................................... 1 §101. Purpose ......................................................................................................................................... 1 §103. Revisions ...................................................................................................................................... 1 Chapter 3. Operation and Administration .................................................................................................. 1 §301. General Authority ......................................................................................................................... 1 §303. General Powers of Local Educational Governing Authorities .................................................... 1 §305. Administration .............................................................................................................................. 2 §307. Philosophy and Purposes .............................................................................................................. 3 §309. Learning Environment .................................................................................................................. 3 §313. Special Education Compliance Monitoring .................................................................................. 3 §317. School and District Accountability .............................................................................................. 3 §323. Louisiana Educational Assessment Program ................................................................................ 3 §325. Kindergarten and Prekindergarten ................................................................................................ 3 §327. Pupil Progression .......................................................................................................................... 4 §329. Remedial Education Programs ..................................................................................................... 4 §331. Special Education Programs ......................................................................................................... 4 §333. Instructional Time ........................................................................................................................ 4 §337. Written Policies and Procedures ................................................................................................... 5 §339. Emergency Planning and Procedures ........................................................................................... 6 §341. Homeless Children and Youth ...................................................................................................... 6 §343. Unsafe Schools ............................................................................................................................. 7 §344. Red Tape Reduction Waiver and Local Empowerment Program ................................................ 8 §345. Requesting Waivers of BESE Policy ......................................................................................... 11 §347. School Size ................................................................................................................................. 11 §349. Complaint Procedures ................................................................................................................ 12 Chapter 5. Personnel ................................................................................................................................. 13 §501. Criminal Background Checks ..................................................................................................... 13 §502. Staff Misconduct ........................................................................................................................ 14 §503. Staff Organization ...................................................................................................................... 16 §505. Certification of Personnel ........................................................................................................... 16 §515. Teachers Retirement SystemPart-Time, Seasonal, or Temporary Classroom Teacher ........ 17 §517. Acceptable Work Experience for Teacher Pay .......................................................................... 18 §519. Teacher Bill of Rights ................................................................................................................ 18 §521. Physical Abuse of Teachers and School Employees by Students .............................................. 19 Chapter 7. Records and Reports ............................................................................................................... 19 §701. Maintenance and Use of System Records and Reports .............................................................. 19 §703. Student Records .......................................................................................................................... 20 §705. Student Academic Records and Reports .................................................................................... 20 §707. Evaluation of Transfer Students' Records .................................................................................. 21 §709. Transfer of Student Records ....................................................................................................... 21 §713. Attendance Records .................................................................................................................... 21 §715. System and School Reports ........................................................................................................ 22 §717. Reports of High School Credit ................................................................................................... 22 Table of Contents §719. Reports to the Supervisors of Child Welfare and Attendance .................................................... 22 §721. School and School System Financial Records ........................................................................... 22 §723. Other Reports .............................................................................................................................. 22 Chapter 9. Scheduling .............................................................................................................................. 23 §901. Scheduling .................................................................................................................................. 23 §903. Exceptional Students .................................................................................................................. 23 §905. ElementaryGrades Per Class .................................................................................................. 23 §911. Planning Time and Lunch Periods ............................................................................................. 23 §913. Class Size and Ratios .................................................................................................................. 23 §915. Student Activities ....................................................................................................................... 24 Chapter 11. Student Services .................................................................................................................. 24 §1101. Student Services Design ......................................................................................................... 24 §1103. Compulsory Attendance ......................................................................................................... 24 §1105. Types of Absences .................................................................................................................. 26 §1107. Entrance Requirements ........................................................................................................... 27 §1109. Assignment and Transfer of Students ..................................................................................... 27 §1110. Placement of Children Born at the Same Birth Event ............................................................ 28 §1111. Age Requirements ................................................................................................................... 28 §1113. Orientation for Parents of First-Time Students ....................................................................... 28 §1115. Statements of Compliance ...................................................................................................... 29 §1117. Child Welfare and Attendance ................................................................................................ 30 §1118. Dropout Prevention and Recovery .......................................................................................... 30 §1123. Educational Screening and Evaluation ................................................................................... 31 §1124. Parental Involvement for Exceptional Students [Formerly §1903] ........................................ 31 §1125. Comprehensive Counseling .................................................................................................... 31 §1127. Preventive Programs ............................................................................................................... 32 §1133. Substance Abuse ..................................................................................................................... 32 §1135. Child Abuse ............................................................................................................................ 32 §1139. School Dress Codes ................................................................................................................ 32 §1141. Electronic Telecommunication Devices ................................................................................. 32 §1143. Prohibition against the Use of Tobacco .................................................................................. 33 §1149. Student Biometric Information ............................................................................................... 33 Chapter 13. Discipline ............................................................................................................................ 34 §1301. Disciplinary Regulations ......................................................................................................... 34 §1302. Student Code of Conduct ........................................................................................................ 35 §1303. Bullying .................................................................................................................................. 35 §1304. Classroom Management Training for School Staff [Formerly §1302] ................................... 37 §1305. Reasons for Suspension [Formerly §1303] ............................................................................. 37 §1306. Due Process for Suspensions [Formerly §1305] ..................................................................... 38 §1307. Reasons for Expulsions ........................................................................................................... 38 §1309. Guidelines for Expulsions ....................................................................................................... 39 §1311. Due Process for Expulsions .................................................................................................... 39 §1313. Discipline for Students with Disabilities ................................................................................ 40 §1315. Corporal Punishment .............................................................................................................. 40 §1317. Search and Seizure .................................................................................................................. 40 Chapter 15. Plant Operations and Maintenance ...................................................................................... 40 §1501. Building and Maintenance ...................................................................................................... 40 §1503. Facility Accessibility .............................................................................................................. 41 §1505. Program Accessibility ............................................................................................................. 41 Table of Contents Chapter 17. Instructional Support ........................................................................................................... 41 §1701. Instructional Materials and Equipment ................................................................................... 41 §1703. Textbooks ................................................................................................................................ 41 §1705. School Libraries/Media Centers ............................................................................................. 42 §1707. Disposal of Library Books and Textbooks ............................................................................. 42 §1709. Internet Use ............................................................................................................................. 42 Chapter 21. Support Services .................................................................................................................. 42 §2101. Transportation ......................................................................................................................... 42 §2103. School Food Service ............................................................................................................... 43 Chapter 23. Curriculum and Instruction ................................................................................................. 43 Subchapter A. Standards and Curricula ..................................................................................................... 43 §2301. Content Standards ................................................................................................................... 43 §2302. Uniform Grading Policy ......................................................................................................... 43 §2303. Planning and Instruction ......................................................................................................... 43 §2304. Science Education ................................................................................................................... 44 §2305. Ancillary Areas of Instruction ................................................................................................ 44 §2307. Literacy Screening .................................................................................................................. 45 §2309. Curriculum for Exceptional Students ..................................................................................... 46 §2311. Curriculum for Gifted ............................................................................................................. 46 §2313. Elementary Program of Studies .............................................................................................. 46 §2314. Carnegie Credit and Credit Flexibility .................................................................................... 47 §2315. Adding Electives to the Program of Studies-Middle and Secondary ..................................... 47 §2317. High Schools ........................................................................................................................... 47 §2318. The College and Career Diploma ........................................................................................... 48 §2319. The Career Diploma ................................................................................................................ 57 §2320. Senior Projects ........................................................................................................................ 60 §2324. Credit Recovery ...................................................................................................................... 60 §2325. Advanced Placement and International Baccalaureate ........................................................... 61 §2326. Distance Education [Formerly §2395] .................................................................................... 61 §2327. Dual Enrollment ...................................................................................................................... 63 §2328. Military Service Credit [Formerly §2326] .............................................................................. 63 §2329. Early College Admissions Policy ........................................................................................... 64 §2330. Approval for Experimental Programs [Formerly §2393] ....................................................... 64 §2331. High School Program of Studies ............................................................................................ 64 §2333. Art ........................................................................................................................................... 65 Subchapter B. Academic Programs of Study ............................................................................................. 65 §2335. Computer/Technology Education ........................................................................................... 65 §2337. Dance ...................................................................................................................................... 65 §2339. Driver Education ..................................................................................................................... 65 §2341. English .................................................................................................................................... 65 §2343. Fine Arts ................................................................................................................................. 66 §2345. Foreign Languages .................................................................................................................. 66 §2347. Health Education ..................................................................................................................... 66 §2349. Jobs for Louisiana's Graduates ............................................................................................... 67 §2351. Journalism ............................................................................................................................... 67 §2353. Mathematics ............................................................................................................................ 67 §2354. Media Arts .............................................................................................................................. 68 §2355. Music ...................................................................................................................................... 68 §2357. Physical Education .................................................................................................................. 69 §2359. Reserve Officer Training ........................................................................................................ 69 Table of Contents §2361. Science .................................................................................................................................... 70 §2363. Social Studies .......................................................................................................................... 71 §2364. Special Education ................................................................................................................... 72 §2365. Speech ..................................................................................................................................... 72 §2367. Religious Studies .................................................................................................................... 72 §2369. Theatre Arts ............................................................................................................................ 72 Subchapter C. Career and Technical Education ........................................................................................ 72 §2371. Career and Technical Education Course Offerings ................................................................ 72 §2373. Agricultural Education ............................................................................................................ 73 §2375. Business Education ................................................................................................................. 73 §2377. General Career and Technical Education ............................................................................... 73 §2379. Family and Consumer Sciences Education ............................................................................. 74 §2381. Health Science Education ....................................................................................................... 74 §2382. Law, Public Safety, Corrections, and Security Education ...................................................... 74 §2383. Marketing Education ............................................................................................................... 75 §2385. Technology Education ............................................................................................................ 75 §2387. Trade and Industrial Education ............................................................................................... 75 §2389. Credit for Career and Technical Education Courses .............................................................. 76 §2391. Secondary Students Attending a Private Cosmetology School .............................................. 76 §2397. Career Options ........................................................................................................................ 76 Chapter 25. Summer Schools, Special Ed Extended School Year Programs ......................................... 77 §2501. Elementary Summer Schools .................................................................................................. 77 §2503. Secondary Summer Schools ................................................................................................... 77 §2504. Private Summer School Providers .......................................................................................... 78 §2505. Extended School Year Program (ESY) for Eligible Students with Disabilities ..................... 78 Chapter 29. Alternative Schools and Programs ...................................................................................... 78 §2901. Philosophy and Need For Alternative Schools/Programs ....................................................... 78 §2903. Approval for Alternative Schools or Programs ...................................................................... 78 §2905. Evaluation of Alternative Schools/Programs .......................................................................... 78 §2907. Connections Process ............................................................................................................... 79 §2909. Earning of Carnegie Units ...................................................................................................... 79 §2911. Alternative Education Providers ............................................................................................. 79 Chapter 31. Career and Technical Education (CTE) .............................................................................. 79 §3101. Physical Environment and Equipment .................................................................................... 79 §3103. Requirements for Teachers ..................................................................................................... 80 §3105. Scheduling Career and Technical Courses ............................................................................. 80 §3107. Instructional Programs ............................................................................................................ 80 §3109. Carnegie Credit ....................................................................................................................... 80 §3111. Career and Technical Education Student Organizations (CTSOs) ......................................... 80 §3113. Work-Based Learning ............................................................................................................. 81 §3115. Procedures for Program Approval .......................................................................................... 82 §3117. Additional Program Approval Procedures .............................................................................. 83 Chapter 33. Home Study Programs ........................................................................................................ 83 §3301. Definition ................................................................................................................................ 83 §3303. Eligibility ................................................................................................................................ 83 §3305. Application Process ................................................................................................................ 83 §3307. Instructor ................................................................................................................................. 83 §3309. Curriculum .............................................................................................................................. 84 §3311. Testing .................................................................................................................................... 84 Table of Contents §3313. Admission or Readmission to the Public School System ....................................................... 84 §3315. Due Process ............................................................................................................................. 85 §3317. Cost ......................................................................................................................................... 85 §3319. Eligibility to Participate in High School Interscholastic Athletics ......................................... 85 Chapter 37. Glossary ............................................................................................................................... 85 §3701. Abbreviations/Acronyms ........................................................................................................ 85 §3703. Definitions .............................................................................................................................. 86 Louisiana Administrative Code August 2013 1 Title 28 EDUCATION Part CXV. Bulletin 741―Louisiana Handbook for School Administrators Chapter 1. Foreword §101. Purpose A. Policies passed by the Board of Elementary and Secondary Education (BESE) govern the operation of public elementary, middle, and secondary schools. Bulletin 741―Louisiana Handbook for School Administrators, contains policies for the administration of public schools. B. The contents of this bulletin have been revised and reorganized for more efficient use as a reference document for district and school administrators. The bulletin has been extensively reviewed by members of BESE, the Louisiana Department of Education (LDE), and a statewide review committee. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 and R.S. 17:7. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1257 (June 2005), amended LR 39:2195 (August 2013). §103. Revisions A. Bulletin 741―Louisiana Handbook for School Administrators will be updated monthly as new rules are adopted by BESE. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6; R.S. 17:7. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1257 (June 2005), amended LR 39:2195 (August 2013). Chapter 3. Operation and Administration §301. General Authority A. The public school system established under the Louisiana Constitution shall operate in accordance with the standards set by BESE. Measurable standards of operation have been established for the approval of schools, stating the responsibility of the local educational governing authority. B. Educational programs shall be in accordance with the Constitution of the United States, the Constitution of Louisiana, the Louisiana Revised Statutes, applicable state and federal regulations, and policies of BESE. C. Each local education agency (LEA) shall ensure that all eligible persons, regardless of race, creed, sex or disability, have access to educational programs supported by public funds. D. Any allowable deviations in the implementation of a policy or standard shall be authorized by BESE. E. Each LEA shall have a signed statement of assurance that the preschool, elementary, and secondary programs operated by the system are currently in compliance with the applicable state and federal regulations when such statements are required for the purpose of funding. AUTHORITY NOTE: Promulgated in accordance with La. Const. Art. VIII §1 and §3; R.S. 17:6; R.S. 17:7; R.S. 17:111; R.S. 17: 151; R.S 17:172; R.S. 17:1941, et seq. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1257 (June 2005). §303. General Powers of Local Educational Governing Authorities A. Each local school board shall determine the number and location of schools to be opened, and the number of teachers and other school personnel to be employed from recommendations made by the local superintendent. B. Each local school board is authorized to adopt rules and regulations for its own governance that are consistent with law and with the regulations of BESE. 1. Each member of a city and parish school board shall receive a minimum of six hours of training and instruction annually in the school laws of this state, in the laws governing the school boards, and in educational trends, research, and policy. Such training shall also include education policy issues, including but not limited to the Minimum Foundation Program (MFP) and formula, literacy and numeracy, leadership development, dropout prevention, career and technical education, redesigning high schools, early childhood education, school discipline, and harassment, intimidation, and bullying. Training shall also include instruction in Louisiana Open Meeting Law and the Louisiana Public Bid Law. In an LEA that has one or more schools identified as an academically unacceptable school or a school in need of academic assistance as defined by BESE, at least two of the required hours shall focus on the improvement of schools identified as failing schools as defined by BESE. 2. The training may be received from a postsecondary education institution, the LDE, the local school board central office staff, or the Louisiana School Board Association (LSBA) provided that the instruction and the method for demonstrating attendance are pre-approved by the LSBA or at any conference presented by the National School Boards Association or by the Council of the Great City Schools, provided that verification of attendance by the school board member at the training is obtained. 3. Each school board member's attendance shall be reported by the instructor to the LSBA. Each school board member who completes required instruction shall receive a certificate of completion and a copy of such certificate shall EDUCATION Louisiana Administrative Code August 2013 2 be entered into the minutes of the school board on which the member serves. 4. The superintendent of the school system on which the school board member serves shall be responsible for verifying that any training or instruction received by the school board member as set forth in this Section meets the necessary requirements. 5. Distinguished School Board Member a. A school board member who has received a certificate of completion for the initial 16 hours of training and instruction and has also received an annual certificate of completion of the required training for three subsequent consecutive years shall receive the designation of distinguished school board member.Ž b. LDE shall issue each such member an appropriate certificate attesting to such designation. c. A member in office on January 1, 2011, who has prior service on the board may receive the designation if he completes 16 hours of training during 2011 and completes the required training for the subsequent three consecutive years. d. At least annually, the school system superintendent shall transmit to the newspaper which is the official journal of the school board a press release detailing the information for his school board that is posted on the LSBA website relative to training hours and subject matter completed by each school board member and to include in such press release information concerning each member who has been designated a distinguished school board member. C. Each city and parish school board shall apply for, receive and expend all funds destined for the support of the schools according to the provisions of R.S. 17:81. D. Each city and parish school board shall have full and final authority and responsibility for the assignment, transfer and continuance of all students among and within the public schools within its jurisdiction, and shall prescribe rules and regulations pertaining to those functions. E. Any city or parish school board member shall have the right to examine any or all records of the school system except employee records relative to evaluations, observations, formal complaints, and grievances. F. A public trust having a city or parish school board as its beneficiary may be created to be funded by surplus revenues of the beneficiary school board and with the use of income produced by the trust restricted to meeting the capital outlay needs of the school system. G. Individual school board members shall not use the authority of their office to coerce or compel any personnel decisions or any school employee decisions concerning benefits, work assignment, or membership in any organization. H. Each local school board shall develop and adopt rules and policies regarding the dismissal and discipline of school employees including but not limited to the following issues: 1. dismissing teachers at any time a reduction in force is instituted by the school board; 2. dismissing school employees who have not attained tenure; 3. the investigation of employees accused of impermissible corporal punishment or moral offenses involving students; 4. the investigation of any employee in any case in which there is a public announcement by the board that the employee may be disciplined, whether or not there is an accompanying reduction in employee pay; and 5. grievance procedures for teachers and school employees. I. No city or parish school board shall adopt any policy which forbids or discourages any teacher or other school board employee from reporting directly to any appropriate law enforcement authority any apparent criminal activity by any person involving, or appearing to involve, controlled dangerous substances, or any other apparent illegal activity. 1. No parish or city school board shall adopt any policy that would have the effect of preventing or hindering the response of law enforcement officials on school board property, to reports of illegal activity. J. Each city and parish school board may enter into voluntary compacts with other LEAs for the purpose of providing multi-parish education programs of all kinds in accordance with R.S. 17:100.2. K. Each city, parish, or other local public school board shall conduct exit interviews for teachers who leave their employ and annually report this information to BESE. The local school board shall use the forms and reporting system developed by BESE for this purpose. L. No board member shall act in an individual capacity to use the authority of his office or position as a member of the school board in a manner intended to interfere with, compel, or coerce any personnel decision including the hiring, promotion, discipline, demotion, transfer, discharge, or assignment of work to any school employee. M. No board member shall use the authority of his office or position as a member of the school board in a manner intended to interfere with, compel, or coerce any school employee to make any decision concerning benefits, work assignment, or membership in any organization. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:53, R.S. 17:54, R.S. 17:81, 17:81.2, and 17:81.4-8, R.S. 17:100.2, and R.S. 17:151. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1257 (June 2005), amended LR 35:1474 (August 2009), LR 35:1876 (September 2009), LR 37:1136 (April 2011), LR 39:2195 (August 2013). §305. Administration A. The organization and administration of education in each LEA and school shall be that which best meets the needs of the students, the community, and the society, and Title 28, Part CXV Louisiana Administrative Code August 2013 3 shall fulfill the purpose for which the school system and school were organized. B. Coordination of school instructional programs shall be planned and arranged to ensure effective program operation. All activities shall conform to policies adopted by the local education governing authority, or of the school system, or of other applicable educational governing authorities. C. Each LEA and school shall develop effective administrative procedures with respect to opening and closing the school year, office management, and daily administration and LEA activities. D. The superintendent of each LEA shall faithfully carry out the requirements of the state school laws and the rules and regulations made for the schools by BESE. E. The principal shall be responsible for coordinating and directing all activities of the school. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:81, R.S. 17:91, R.S. 17:105, and R.S. 17:414.1. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1258 (June 2005). §307. Philosophy and Purposes A. It shall be the responsibility of each LEA and school to formulate a written statement of its philosophy and purposes and/or mission statement. This statement shall give direction to the education program. The philosophy and purposes shall be on a system-wide basis and shall be adapted to meet the needs of each school within the system. AUTHORITY NOTE: Promulgated in accordance with La. Const. Art. VIII Preamble and R.S. 17:6 and R.S. 17:7. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1258 (June 2005), amended LR 39:2196 (August 2013). §309. Learning Environment A. The learning environment shall be conducive to the educational and overall well being of students. AUTHORITY NOTE: Promulgated in accordance with Louisiana Constitution Art. VIII Preamble. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1258 (June 2005). §313. Special Education Compliance Monitoring A. Each LEA shall participate in a system of special education program monitoring. The LEA shall receive a formal monitoring report. If areas of noncompliance are identified, the LEA shall be required to propose corrective actions that will be undertaken and identify timelines for correction. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1259 (June 2005), amended LR 39:2196 (August 2013). §317. School and District Accountability A. Every school shall participate in a school accountability program based on student achievement as approved by BESE (refer to Bulletin 111Louisiana School, District, and State Accountability). B. Every school district shall participate in a district accountability program based on school performance as approved by BESE (refer to Bulletin 111Louisiana School, District, and State Accountability). AUTHORITY NOTE: Promulgated in accordance with R.S. 17:10.1 et seq. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1259 (June 2005). §323. Louisiana Educational Assessment Program A. Each LEA shall participate in the Louisiana Educational Assessment Program (LEAP). B. Performance standards for LEAP and Graduation Exit Examination (GEE) and end-of-course tests should be comparable to the rigor of national achievement tests including but not limited to the national assessment of educational progress (NAEP) performance standards. C. LEAP alternate assessment participation criteria shall be used by IEP teams to document that a student meets the criteria to participate in LEAP alternate assessment. D. Schools shall ensure that student participation is documented on the LEAP alternate assessment participation criteria form as approved by BESE. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:24.4. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1260 (June 2005), amended LR 39:2196 (August 2013). §325. Kindergarten and Prekindergarten A. All LEAs shall provide kindergarten programs for all eligible students of appropriate age. The placement of students shall be clearly communicated to parents by the school. B. Each LEA shall provide for and offer in every school having a first grade, or in a kindergarten center, a full-day kindergarten program in accordance with standards set in this bulletin. 1. School systems may establish a registration deadline for student entry into the kindergarten program. This date shall not apply to those students previously enrolled in a kindergarten program. C. Each LEA shall require that every child entering kindergarten for the first time be given a nationally recognized readiness screening. The results of this screening shall be used in placement and for planning instruction. The pupil progression plan for each LEA shall include criterion for placement. 1. The parent or guardian of each child shall be advised of the nature of the child's level of readiness. EDUCATION Louisiana Administrative Code August 2013 4 2. Each LEA shall report to the LDE screening results by school on an annual basis by December 1 of each year. D. Each LEA may develop and offer prekindergarten instruction. 1. The goal of prekindergarten instruction shall be to improve academic readiness, individual development skills and social skills. 2. Prior to implementing prekindergarten instruction, an LEA shall set forth a statement of the needs the program is intended to address, the anticipated results, the basis upon which the results are expected, an outline of the implementation steps, a detailed plan for staff usage, a detailed budget, and a plan for the evaluation of the program results. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:24.8, R.S. 17:151.3, and R.S. 17:391.11. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1260 (June 2005), amended LR 39:2196 (August 2013). §327. Pupil Progression A. Each LEA shall develop a pupil progression plan consisting of all policies and procedures for the placement of students grades K-12. NOTE: Refer to Bulletin 1566―Guidelines for Pupil Progression, and the addendum to Bulletin 1566―Regulations for the Implementation of Remedial Education Programs Related to the LEAP/CRT Program, Regular School Year. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:24.4. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1260 (June 2005). §329. Remedial Education Programs A. A program of remedial education shall be put into place by LEAs following regulations adopted by the DOE and approved by BESE. All eligible students shall be provided with appropriate remedial instruction. B. Each LEA shall describe in writing its proposed remedial education program in its pupil progression plan according to regulations adopted by BESE. C. Each LEA shall participate in the LDEs remedial education program evaluation. Note: Refer to Bulletin 1566―Pupil Progression Policies and Procedures and the addendum and Bulletin 1566, regulations for the implementation of remedial education programs related to the LEAP/CRT Program, regular school year. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:394 et seq. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1261 (June 2005), amended LR 39:2197 (August 2013). §331. Special Education Programs A. Each LEA shall provide special education programs for all exceptional students. B. Education for exceptional students shall be maintained in the least restrictive environment appropriate to the students' needs. C. Each LEA shall ensure that the placement of exceptional students in special education services and settings is determined by the student's IEP placement committee and occurs only with the written consent of the parent(s) or legal guardian for the initial IEP. D. Children who have been receiving special education in another state or in another school system within Louisiana, and have an IEP in effect from the previous system shall be provided FAPE until the following conditions occur: 1. if the student is transferring from another state, eligibility is determined, and a new IEP is developed, if appropriate; 2. if the student is transferring from within Louisiana, the current IEP is adopted or a new IEP is developed. NOTE: Refer to Bulletin 1706―Regulations for Implementation of the Children with Exceptionalities Act. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1261 (June 2005), amended LR 39:2197 (August 2013). §333. Instructional Time A. Each LEA shall adopt a calendar that includes a school year that is in accordance with applicable state regulations and includes a minimum of 63,720 minutes of instructional time. 1. Instructional time shall include the scheduled time within the regular school day devoted to teaching courses outlined in the program of studies. Instructional time does not include such things as: a. recess; b. lunch; c. change of class time; and d. parent-teacher conferences. B. Each LEA may include in its calendar a provision for dismissal of senior students prior to the end of the school year. This provision is not to exceed 10 days of instructional time or the equivalent number of minutes. C. General election day shall be designated by each LEA as a holiday every four years for the presidential election. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:154.1. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1261 (June 2005), amended LR 39:2197 (August 2013). Title 28, Part CXV Louisiana Administrative Code August 2013 5 §337. Written Policies and Procedures A. Each LEA shall have written policies governing all school activities as they relate to students, the instructional program, staff, buildings, services, and the curriculum. B. Each LEA shall have policies and procedures that address, but are not limited to, the following: 1. the establishment of the number of school days, length of the school day, and other necessary guidelines for the operation of the schools; 2. provision of special educational and related services to exceptional students in accordance with the IEP for the entirety of the school year; 3. the operation of special departments and special programs in each school; 4. the admittance of students to and the dismissal of students from special educational programs; 5. the exclusion of students with communicable diseases and their readmittance following their recovery (refer to Bulletin 135„Health and Safety, §309); 6. the control of communicable problems such as lice and scabies (refer to Bulletin 135„Health and Safety, §309); 7. the care of sick or injured students, including notification of parents, in cases of emergencies that occur while students are under the jurisdiction of the school; 8. the administration of medication in schools (refer to Bulletin 135„Health and Safety, §309); 9. the operation of summer schools and extended school year programs for eligible exceptional students (refer to Chapter 25); 10. the disciplining of students with disabilities (refer to §131); 11. the use of standard universal precaution by personnel when individuals have direct contact with blood or other body fluids and the provision of sanctions, including discipline if warranted, for failure to use standard universal precautions; 12. the use of school buildings outside of regular school hours; 13. student access to the Internet (refer to §1709); 14. the prohibition against use of tobacco in schools, on school grounds, and on school busses (refer to §1143); 15. the prohibition of teachers from recommending that a student be administered a psychotropic drug and from specifying or identifying any specific mental health diagnosis for a student; 16. the prohibition of teachers from using a parents refusal to consent to administration of a psychotropic drug or psychiatric evaluation, screening or evaluation as grounds for prohibiting a student from attending class or participating in school related activities or as the sole basis of accusations of child abuse or neglect against the parent or guardian; 17. the notification of the parent or legal guardian of every student, in writing, of the proper process and procedures to follow in order to make a complaint or request information from the school or the school's governing authority: a. such information shall include, at a minimum, the name, address, phone number, and email address of the appropriate person to contact at each step of the prescribed process or procedure, and shall be updated, at least, on an annual basis; b. such information shall be incorporated into any existing policy or policies, code of conduct, or student handbook of the LEA or of each school under its jurisdiction; 18. the implementation of §2304, Science Education; 19. the school assignment of students in foster care (refer to §1109); 20. the electronic communications by an employee at a school to a student enrolled at that school (refer to §1141); 21. the inspection by qualified persons of all fire safety and prevention equipment, including fire alarm and smoke detection devices (refer to §1501); 22. the physical abuse of public school teachers and other school employees by students (refer to §521); 23. the collection of student biometric information (refer to §1149); 24. grade appropriate classroom management training for teachers, principals, and other appropriated school personnel regarding positive behavioral supports and reinforcement, conflict resolution, mediation, cultural competence, restorative practices, guidance and discipline, and adolescent development; 25. a schedule for the retention and disposition of records. The schedule shall be approved by State Archives as required by R.S. 44:411; 26. appropriate responses to the behavior of students with exceptionalities that may require immediate intervention (see for reference guidelines for the use of seclusion rooms and restraint of students with exceptionalities); 27. an employee arrested for any of the crimes listed in R.S. 15:587.1, any other sexual offense affecting minors, or any justified complaint of child abuse or neglect; 28. the reporting of school bus operator arrests for violations 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; and EDUCATION Louisiana Administrative Code August 2013 6 29. in the student code of conduct, the prohibition against bullying as defined in §1303. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6, R.S. 17:7(29), R.S. 17:81, R.S.17:240, and R.S. 17:100.8. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1261 (June 2005), amended LR 33:429 (March 2007), LR 35:1101 (June 2009), LR 36:1224 (June 2010), LR 37:1141 (April 2011), LR 37:1380, 1380 (May 2011), LR 37:2134 (July 2011), LR 38:40, 41 (January 2012), LR 39:2197 (August 2013). §339. Emergency Planning and Procedures A. Each LEA shall have written policies and procedures that address the immediate response to emergency situations that may develop in the schools. B. The school shall maintain and use contingency plans for immediate responses to emergency situations. C. The school shall establish and use procedures for reporting accidents to parents and/or the central office. D. In the absence of a principal, another individual(s) at the school shall be delegated the necessary authority to use emergency procedures. E. Procedures for the cancellation of school shall be established; communicated to students, teachers, and parents; and followed when necessary. F. The school shall establish procedures for special calls to police, fire departments, and hospitals, and practice drills shall be used to ensure the effectiveness of the procedure. G. The school shall establish procedures for the evacuation of the building in the event of fire, severe weather conditions, or bomb threats. Practice drills shall be used to ensure the effectiveness of the procedure. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:416.16. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1262 (June 2005). §341. Homeless Children and Youth A. Each LEA shall establish a written policy to provide for the placement in school and for the education of any child temporarily residing within the jurisdiction of the board who has no permanent address, who has been abandoned by his parents, or who is in foster care pursuant to placement through the Department of Children and Family Services. However, this does not require the enrollment of any child not permitted by another school system to attend school, either permanently or temporarily, as a result of disciplinary action(s). B. The term homeless child and youth means the following: 1. children and youth who lack a fixed, regular, and adequate nighttime residence, and includes children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement; 2. children and youth who have a primary nighttime residence that is a private or public place not designed for or ordinarily used as a regular sleeping accommodation for human beings; 3. children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; 4. migratory children who qualify as homeless because they are living in circumstances described above. C. According to a child or youth's best interest, each district must either continue the child/youth's education in the school of origin, or enroll the child in school in any public school that nonhomeless students who live in the attendance area where the child/youth is actually living are eligible to attend. 1. School of origin is defined as the school the child or youth attended when permanently housed, or the school in which the child or youth was last enrolled. 2. In determining best interest, the district must, to the extent feasible, keep children/youth in the school of origin unless it is against the wishes of the parent/guardian. 3. A homeless child or youth's right to attend his/her school of origin extends for the duration of homelessness. 4. If a child or youth becomes permanently housed during the academic year, he or she is entitled to stay in the school of origin for the remainder of the academic year. 5. Children and youth who become homeless in between academic years are entitled to attend their school of origin for the following academic year. 6. If the district sends the child/youth to a school other than the school of origin or the school requested by the parent or guardian, the district must provide written explanation to the parent or guardian, including the right to appeal under the enrollment disputes provision. D. In the case of an unaccompanied youth (i.e., a youth not in the physical custody of a parent or guardian), the district's homeless liaison must assist in placement/enrollment decisions, consider the youth's wishes, and provide notice to the youth of the right to appeal under the enrollment disputes provisions. The choice regarding placement must be made regardless of whether the child or youth resides with the homeless parent or has been temporarily placed elsewhere. E. The school selected shall immediately enroll the child/youth in school, even if the child or youth lacks records normally required for enrollment, such as previous academic records, medical records, proof of residency or other documentation. 1. The terms enroll and enrollment are defined to include attending classes and participating fully in school activities. The enrolling school must immediately contact the Title 28, Part CXV Louisiana Administrative Code August 2013 7 last school attended to obtain relevant academic and other records. 2. If a child or youth lacks immunizations or immunization or medical records, the enrolling school must refer the parent/guardian to the liaison, who shall help obtain necessary immunizations or immunization or medical records. 3. Districts may require parents or guardians to submit contact information. F. If a dispute arises over school selection or enrollment, the child/youth must be immediately admitted to the school in which he/she is seeking enrollment, pending resolution of the dispute (five days). 1. The parent or guardian must be provided with a written explanation of the school's decision on the dispute, including the right to appeal. 2. The parent/guardian/youth must be referred to the homeless liaison, who will carry out the state's grievance procedure as expeditiously as possible after receiving notice of the dispute. 3. In the case of an unaccompanied youth, the homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the dispute. G. Each LEA shall keep and have immediately available any records ordinarily kept by the school, including immunization records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, of each homeless child or youth. H. Each LEA shall provide services comparable to services offered to other students in the school selected, including transportation services, educational services for which the child or youth meets the eligibility criteria (title I, special education, limited English proficiency), programs in career and technical education, programs for the gifted and talented, and school nutrition programs. 1. School districts are required to adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian (or in the case of an unaccompanied youth, the liaison), to and from the school of origin. 2. If the homeless child or youth continues to live in the area served by the LEA in which the school of origin is located, that LEA must provide or arrange for the child's or youth's transportation to or from the school of origin. 3. If the homeless child or youth continues his or her education in the school of origin but begins living in an area served by another LEA, the LEA of origin and the LEA in which the homeless child or youth is living must agree upon a method to apportion the responsibility and costs for providing the child with the transportation to and from the school of origin. If the LEAs cannot agree upon such a method, the responsibility and costs must be shared equally. I. Each LEA shall designate an appropriate staff person, who may also be a coordinator for other federal programs, to serve as a homeless advocate to coordinate services and ensure that there are no barriers to the enrollment, transportation, attendance, and success in school for homeless children and youth. Additionally, the homeless advocate will promptly solve disputes regarding educational placement. J. Each LEA shall ensure the prompt resolution (within five school days) of disputes regarding the educational placement of homeless children and youth following the procedures in the Louisiana state plan for educating homeless children and youth. K. Each LEA that receives a homeless direct grant award from the SEA Office of Education for Homeless Children and Youth (EHCY) must coordinate the services provided and designate a homeless liaison to carry out certain mandates. L. Each LEA shall review and revise any policies that may act as barriers to the enrollment of homeless children and youth. Further, LEAs must adopt policies and practices to ensure that homeless children and youth are not isolated or stigmatized. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:238 and 20 USCS 6311, 6312, 6313, and 6315. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1262 (June 2005), amended LR 39:2198 (August 2013). §343. Unsafe Schools A. Students who are the victims of violent crime shall be afforded the opportunity to transfer to a different school. 1. A student at a public elementary school, middle school or high school who becomes a victim of a crime of violence as defined by R.S. 14:2, while on school property, on a school bus or at a school-sponsored event, shall be given the option to transfer to a public school within the school district in which the student's current school is located, which offers instruction at the student's grade level and which is not persistently dangerous, if there is such a school within that school district. 2. A student who is enrolled in an alternative school or a special school and who becomes a victim of a crime of violence, as defined by R.S. 14:2, while on school property, on a school bus or at a school-sponsored event, shall be given the option to transfer to another such public school within the school district in which the student's current school is located, which offers instruction at the student's grade-level for which the student meets the admission requirements, and which is not persistently dangerous, if there is such a school within that school district. 3. A student who has been assigned to a particular school, such as an alternative school or a special school, by court order shall not have the option to transfer. 4. A student who has been the victim of a crime of violence and who must be given the option to transfer should generally be given the option to transfer within 10 calendar days from the date on which the crime of violence occurred. EDUCATION Louisiana Administrative Code August 2013 8 B. Students attending a school that has been identified as a persistently dangerous school shall be afforded the opportunity to transfer to different school. 1. Students attending an elementary, middle, or high school that has been identified as persistently dangerous shall be given the option to transfer to a public school within the school district in which the student's current school is located, which offers instruction at the students' grade level and which is not persistently dangerous, if there is such a school within that school district. 2. A student who is enrolled in an alternative school or a special school which has been identified as persistently dangerous shall be given the option to transfer to another such public school within the school district in which the student's school is located, which offers instruction at the student's grade-level, for which the student meets the admission requirements and which is not persistently dangerous, if there is such a school within that school district. 3. A student who has been assigned to a particular school, such as an alternative school or a special school, by court order shall not have the option to transfer. 4. The LEA in which the persistently dangerous school is located shall, in a timely manner, notify parents of each student attending the school that the school has been identified as persistently dangerous, offer the students the opportunity to transfer and complete the transfer. Although timely implementation of these steps depends on the specific circumstances within the school district, students should generally be offered the option to transfer within 20 school days from the time the school district is notified that the school has been identified as persistently dangerous. Although the transfer may be temporary or permanent, the transfer must remain in effect for at least as long as the school is identified as persistently dangerous. 5. Schools must meet two of the following criteria for two consecutive school years to be identified as persistently dangerous. For purposes of these criteria, enrolled student body means the year-end cumulative student enrollment count, and firearm means a firearm as defined by the federal Gun-Free Schools Act. a. One percent or more of the enrolled student body is expelled for possession of a firearm on school property, on a school bus, or for actual possession of a firearm at a school-sponsored event. b. Four percent or more of the enrolled student body has been expelled for a crime of violence as defined by R.S. 14:2 occurring on school property, on a school bus or at a school-sponsored event. c. Six percent or more of the enrolled student body has been expelled pursuant to R.S. 17:416 for the following types of misconduct in the aggregate occurring on school property, on a school bus or at a school-sponsored event: i. immoral or vicious practices; ii. conduct or habits injurious to associates; iii. possession of or use of any controlled dangerous substance, in any form, governed by the Uniform Controlled Dangerous Substances Law; iv. possession of or use of any alcoholic beverage; v. cutting, defacing or injuring any part of a school building, any property belonging to the buildings or any school buses owned by, contracted to or jointly owned by any city or parish school board; vi. possession of knives or other implements which can be used as weapons, the careless use of which might inflict harm or injury; vii. throwing missiles liable to injure others; or viii. instigating or participating in fights. 6. The LDE shall annually reassess persistently dangerous schools. If a school no longer meets the criteria for a persistently dangerous school, taking into account the most recent completed school year and the school year immediately preceding the most recent completed school year, the school will not be deemed persistently dangerous. C. Nothing herein shall prohibit LEAs from entering into agreements with one another allowing students who become the victims of crimes of violence while on school property, on a school bus, or at a school-sponsored event or who are attending persistently dangerous schools in one school district the option to transfer to a school, which is not persistently dangerous, in another school district. A student who has been assigned to a particular school, such as an alternative school or a special school, by court order shall not have the option to transfer. AUTHORITY NOTE: Promulgated in accordance with 20 USCS 7912. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1263 (June 2005), amended LR 36:1498 (July 2010), LR 39:2198 (August 2013). §344. Red Tape Reduction Waiver and Local Empowerment Program A. General Provisions 1. Purpose a. The purpose of this policy is to provide schools and school districts with the ability to seek waivers from rules and regulations that may hinder academic progress and replace those policies with protocols designed to improve teaching effectiveness and student academic achievement. 2. Waivers a. A waiver allows a public school to be exempt from one or more provisions of title 17 of the Louisiana Revised Statutes of 1950, or any rules, regulations or policies of the Louisiana Board of Elementary and Secondary Education (BESE) that are applicable to public schools, school officers or school employees. A waiver may be granted to exempt a school from laws, rules, and/or policies that affect such activities as, but are not limited to, Title 28, Part CXV Louisiana Administrative Code August 2013 9 instructional time, curriculum, funding, personnel, student-to-personnel ratios, and student support. b. Waivers from the following shall not be granted pursuant to this Chapter: i. provisions governing school nutrition programs (R.S. 17:191 et seq.); ii. providing free transportation to any student attending a public school (R.S. 17:158); iii. providing alternative educational programs for any student suspended or expelled from school (R.S. 17:416.2); iv evaluation of teachers or administrators pursuant to R.S. 17:3902; v. the exemptions authorized for Charter Schools pursuant to R.S. 17:3996; or vi. any limitations or restrictions on outsourcing food, clerical, custodial or paraprofessional services. B. Request for Waivers 1. Governing Authority a. For purposes of this Chapter, governing authority means the governing authority of any public elementary or secondary school, including any local or parish school board or a charter school board. b. The governing authority may request a waiver from any statute, rule, regulation or BESE policy, as permitted by law, for any school, or any combination of schools, or all schools under its jurisdiction provided that the such waiver shall be designed to improve the quality of instruction and student academic achievement. C. Waiver Procedure 1. The governing authority shall submit a written request for a waiver to BESE. The governing authority may use a waiver request form designed by the department. Alternatively, a written request from the governing authority shall be considered valid provided it contains all the requisite information. The waiver request shall contain the following information: a. identification of the specific laws, rules, regulations and/or policies from which a waiver is being sought; b. identification of the school or schools for which the waiver will cover; c. description of the policies and procedures that will be instituted as a substitute for the waived provisions; d. description of how the proposed waiver will: i. increase the quality of instruction for students; ii. improve the academic achievement of students; and iii. improve teaching effectiveness within the school for which the waiver is sought; e. description of the specific, measurable educational goals, growth targets, performance targets and the methods to be used to measure progress in meeting the goals for each year. The educational goals should be, at a minimum, measured using state-administered, standardized assessment data. For purposes of this Chapter, growth targets shall mean the number of school performance score (SPS) points, as established by the statewide school and district accountability system, required and determined annually for the school to make sufficient progress toward the statewide school performance goal: i. all schools receiving a waiver must meet their growth targets annually. Failure to meet its growth target may result in a termination of the waiver upon review by BESE; ii. a school is deemed to have met its growth target if the school achieves its yearly growth target for each year for which the school received a waiver (e.g., if a school receives a waiver for four years, that school is deemed to have met its growth targets if it meets its yearly growth target in each year of the four year waiver period); 2. the governing authority shall certify that a majority of classroom teachers employed at the school or schools affected by the waiver voted in favor of the requested waiver. D. Teacher Voting Procedure 1. A majority of the classroom teachers employed in the school or schools seeking the waiver must vote in favor of the proposed waiver request. 2. Voting by the classroom teachers shall be by secret ballot and shall be conducted as follows. a. Teachers shall be given no less than five business days notice of the waiver request prior to the date of the vote. Notice shall include a copy of the waiver request and the date(s) of the vote. Notice shall be considered sufficient when it is distributed in a manner reasonably designed to provide each teacher a copy of the proposed waiver. Acceptable means of notice include, but are not limited to, placing a copy of such notice in each teachers mail box, by posting it on the wall of a common area such as a teachers resource room or in the school office, or sending the notice via email. b. Voting may be conducted through on-line voting, provided that such on-line voting takes place only on the designated date(s) for said vote. c. The vote shall be tallied by the school principal or his designee and a teacher representative employed at the school seeking the waiver. A majority of votes shall determine the outcome of the waiver request. 3. The Department of Education may provide an optional sample ballot that may be used in the voting process. EDUCATION Louisiana Administrative Code August 2013 10 E. Low-Performing Schools 1. For purposes of this Chapter, a low-performing school shall be a school that is defined as in academically unacceptable school (AUS) status as determined by BESE. 2. A low-performing school may be granted a waiver provided it meets the terms and conditions, as determined by BESE that are aimed at improving: a. teacher effectiveness pursuant to R.S. 17:3881 et seq.; b. the quality of instruction; and c. student academic achievement. 3. The governing authority of a low-performing school that is granted a waiver shall: a. ensure the improvement of the schools teachers in accordance with R.S. 17:3881 et seq.; b. ensure the improvement of quality of instruction and student achievement by implementing one of the following intervention options: i. turnaroundput in place new leadership and a majority of new staff, new governance, and improved instructional programs, and provide the school with sufficient operational flexibility such as the ability to select staff, control its budget as approved by the schools governing authority, and increase learning time; ii. restartconvert the school to a charter school. However, every teacher employed in such school prior to its conversation to a charter school, who has been determined to be effective in accordance with the provisions of part II of chapter 39 of title 17 of the Louisiana Revised Statutes of 1950, shall be given the option to remain at the school or to be reassigned by the governing authority to another school under its jurisdiction; iii. school closureclose the school and place its students in a high- performing school within the district; iv. transformationhire new school leadership and implement a suite of best practices including comprehensive instructional management reform and measures of effective teaching. A waiver shall not be granted to a district that proposes to utilize this option for more than 50 percent of its low-performing schools covered by the waiver; c. a district that has implemented one or more of the interventions described above for its low-performing schools in the two academic years immediately preceding the waiver application is not eligible to receive a waiver unless both of the following apply: i. the school has met its statewide accountability growth target or surpassed the statewide growth average, calculated by examining whether the schools growth exceeded the average statewide growth for that year, for each year during such period of implementation; and ii. the district agrees to implement any remaining conditions of school intervention by the beginning of the following school year; d. a school implementing any of the intervention options described in Subparagraph 3.b, above, shall not be subject to transfer to the recovery school district for the duration of the waiver period; e. upon expiration of the waiver, a schools status shall be determined by identifying the schools previous AUS status and identifying whether the schools current school performance score (SPS) surpasses the AUS bar as determined by BESE. If the schools score is not above AUS, the school shall advance one year in AUS (e.g., if a school enters into a waiver as an AUS 2 school and upon expiration of the waiver the school does not earn a SPS above AUS status, then the school shall be labeled as AUS 3); f. in the event the school has neither met its growth targets, as described in Subparagraph C.1.e above, nor surpassed an acceptable level of academic performance as determined by BESE, and BESE terminates its waiver in accordance with Subsection G below, the school shall be either: i. governed under a memorandum of understanding (MOU) between the governing authority of the school and the RSD, which shall govern the operation of the school; or ii. based on the recommendation of the state superintendent, transferred directly to the jurisdiction of the recovery school district; g. a school that entered into an MOU with the RSD prior to the receipt of a waiver, and which upon the expiration of the MOU or termination of the waiver, has not met its growth targets, shall be transferred to the jurisdiction of the RSD. 4. RSD Accountability a. A school that has been under the jurisdiction of the RSD that has not met its growth targets at the expiration of the waiver period shall: i. if the school is a direct-run RSD school, be converted to a charter school; or ii. if the school is a charter school, the RSD will recommend to BESE that the charter schools charter authority be terminated. The RSD may enter into a contract with another chartering organization for the operation of the school; or iii. the school shall be closed and its students will be transferred to a higher-performing school within the jurisdiction of the RSD. F. Grant, Denial or Extension of Waiver 1. Only BESE has the authority to grant waivers. A waiver may be approved as requested or may be subject to modifications as determined by BESE. The department shall Title 28, Part CXV Louisiana Administrative Code August 2013 11 make a recommendation to BESE on each waiver request, and such recommendation shall identify any special modifications that may be required. A waiver shall be effective for a period of up to four years unless terminated earlier upon a determination by BESE. A school may seek termination of a waiver upon application to BESE; however, in the case of a low-performing school, nothing shall preclude BESE from taking any action permitted by law to impose conditions upon said school to ensure that performance expectations are met. 2. Upon approval by BESE, the terms and conditions shall be in writing and shall be signed by the superintendent and the governing authority. BESE will authorize an electronic signature of the waiver agreement. 3. Upon a request by the governing authority, and a recommendation by the department, BESE may extend the waiver period upon a determination that the waiver has been effective in enabling the school to carry out the activities for which the waiver was granted and upon a demonstration that the waiver has contributed to the improved quality of instruction and student academic achievement. 4. A waiver extension shall not prevent a school otherwise eligible from being subject to transfer to the recovery school district. G. Termination of Waivers 1. If BESE determines that the performance of the school has been insufficient to justify a continuation of a waiver, or if the waiver is no longer necessary to achieve its original intent, BESE may terminate a waiver, either in full or with respect to individual schools. 2. BESE shall terminate a waiver granted to a low-performing school if the school fails to implement the requirements of R.S. 17:4044 within two school years from the issuance of the waiver. 3. BESE may terminate a waiver granted to a low-performing school if the school has not met its statewide accountability growth targets within two years of the granting of the waiver or has not met other requirements or benchmarks. H. Reporting Requirements 1. The governing authority of a school that receives a waiver shall provide reports on an annual basis to BESE which shall provide information on the effectiveness of the waiver or waivers granted. Such annual report shall be submitted to the Department of Education, Superintendents Office, no later than December 1 of each year and shall include, but not be limited to, a description of whether or not policies implemented to replace the procedures waived are: a. increasing the quality of instruction to students; b. improving the academic achievement of the students; and c. improving teacher effectiveness. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:7, R.S. 17:4031-4039. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 37:3206 (November 2011). §345. Requesting Waivers of BESE Policy A. The superintendent of the LEA requesting deviation of any standard in this bulletin shall submit documentation to the LDE, justifying the request. B. Technical assistance for meeting the policy as stated in this bulletin shall be provided to the LEA by the LDE. C. When a deviation cannot be corrected by technical assistance, the LDE may consider a waiver of policy using the following guidelines. 1. Waivers for Class Size a. The LDE may waive class size requirements up to two students over the maximum allowable upon receipt of the following: i. a letter from the local superintendent detailing each class that exceeds the class size; ii. documentation from the principal and the superintendent showing how efforts have been made to comply with standards; and iii. class sizes above the limit of two will go directly to the appropriate board committee with an executive recommendation from the LDE. 2. Course Requirement Waivers a. The LDE may waive up to one Carnegie unit required for graduation in the following circumstances: i. waivers for students who transfer to Louisiana from another state during their senior year, are on course to graduate in their previous state of residence, and are unable to schedule and complete the needed course; and ii. waivers due to administrative errors. b. In each situation, the district must provide: i. a letter of justification from the local superintendent; and ii. a copy of the student's transcript. D. Requests that do not meet BESE-approved guidelines for an administrative action shall be submitted by the state superintendent of education to the appropriate BESE committee with an executive recommendation for action. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:10.2(B)(5), R.S. 17:24.10(C)(1)(c), R.S. 17:151(B)(2), R.S. 17:192(B)(2), R.S.17:274(D), and R.S. 17:416.2(B). HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1264 (June 2005), amended LR 39:2198 (August 2013). §347. School Size A. No school with an average attendance below 10 pupils shall be opened or maintained in any locality, except EDUCATION Louisiana Administrative Code August 2013 12 upon recommendation of the local educational governing authority, giving its reason for such recommendation, and upon approval by BESE. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:152. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1265 (June 2005). §349. Complaint Procedures A. These complaint procedures are established for resolving complaints which may be filed against the LDE or an agency pursuant to provisions of the Elementary and Secondary Education Act of 1965, 20 U.S.C. §6301 et seq., (ESEA). B. The following definitions apply to this Section. Agency―a local educational agency, educational service agency, consortium of those agencies, or entity. Applicable Program―any of the following ESEA programs for which the LDE has submitted a consolidated state plan or consolidated state application under the ESEA, which may include: a. title I, part A (improving basic programs operated by local educational agencies); b. title I, part B, subpart 3 (even start family literacy programs); c. title I, part C (education of migratory children); d. title I, part D (prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk); e. title I, part F (comprehensive school reform); f. title II, part A (teaching and principal training and recruitment fund); g. title II, part D (enhancing education through technology); h. title III, part A (english language acquisition, language enhancement, and academic achievement); i. title IV, part A, subpart 1 (safe and drug-free schools and communities); j. title IV, part A, subpart 2 (community service grants); k. title IV, part B (twenty-first century community learning centers); l. title V, part A (innovative programs); m. title VI, part A, subpart 1, sections 6111 and 6112 (improving academic achievement programs); and n. title VI, part B, subpart 2 (rural and low-income schools program). Covered Program―a federal program not defined as an applicable program for which the LDE is required to provide a complaint procedure and for which a complaint procedure is not otherwise provided by rule of the LDE. C. This Subsection sets forth the specific procedures for resolving complaints that are filed pursuant to the ESEA. 1. LDE will receive complaints from individuals or organizations alleging: a. a violation of law in the administration of an applicable program; or b. a violation of a federal statute or regulation that applies to a covered program for which federal law permits the filing of a complaint with the LDE. 2. The complaint must be in writing and must include: a. a statement that LDE or an agency has violated a requirement of a federal statute or regulation that applies to an applicable program or a covered program; b. the facts on which the statement is based, including the name of the agency or agencies, and the specific requirement alleged to have been violated; c. a proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed; d. the signature and contact information for the complainant or his or her designated representative; and e. the complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received by the LDE. 3. Upon receipt of a complaint against an agency that meets the requirements of §349.C.2, the LDE will acknowledge receipt of the complaint in writing and provide written notice to the agency against which the violation has been alleged. The LDE will provide the agency with the opportunity to resolve the complaint without a finding, with the participation and agreement of the complainant. 4. If the complaint concerns a violation by the LDE and meets the applicable requirements of §349.C.2, the state superintendent of education will appoint an impartial person(s) to conduct an investigation and resolve the complaint. The person(s) so appointed will acknowledge receipt of the complaint in writing. 5. All complaints must be resolved within 60 days of the date the LDE receives the complaint. Within that 60-day timeline, the LDE, or the impartial investigator when a complaint is filed against the LDE, will: a. carry out an independent on-site investigation, if the LDE or impartial investigator determines that an investigation is necessary; b. give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint; c. provide the LDE or agency with the opportunity to respond to the complaint, including, at the discretion of the agency, a proposal to resolve the complaint; Title 28, Part CXV Louisiana Administrative Code August 2013 13 d. review all relevant information and make an independent determination as to whether the LDE or agency is violating a requirement of the ESEA; and e. issue a written decision to the complainant that addresses each allegation in the complaint and contains: i. findings of fact and conclusions; ii. the reasons for the final decision; and iii. a statement of the complainant's right to request the secretary of the U.S. Department of Education (secretary) to review the final decision, at the secretary's discretion. 6. Complaints regarding participation by private school children must be appealed to the secretary no later than 30 days after the decision is issued. An appeal regarding participation by private school children must be accompanied by a copy of the decision and a complete statement of reasons supporting the appeal. 7. Written decisions on complaints alleging violations by LDE will be provided to BESE. 8. Timelines for LDE's final decision may be extended if exceptional circumstances exist with respect to a particular complaint. 9. The LDE's final decision must be implemented and include, if needed: a. technical assistance activities; b. negotiations; and c. corrective actions to achieve compliance. 10. Nothing herein shall preclude the availability of an informal resolution between the complainant and the LDE or agency, nor shall anything herein preclude or abrogate the availability of any administrative hearing opportunities as provided for by federal statute or regulation. 11. LDE will implement a process for tracking complaints received by LDE to facilitate timely investigation and resolution. 12. LDE will maintain a complaint log which includes the following components: a. date of receipt of complaint; b. name of complainant; c. name of agency, or LDE if complaint is against LDE; d. resolution, including technical assistance activities and corrective action plan, if needed; e. date of resolution; f. date of follow-up on technical assistance activities and corrective action plan, if assigned, and the results of that activity. D. An agency will disseminate, free of charge, adequate information about the complaint procedures to parents of students, and appropriate private school offices or representatives. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6, 20 U.S.C. §6320, 20 U.S.C. §7883(a), 20 U.S.C. §7844(a)(3)(C), 34 CFR § 106.8(b), and 34 CFR §§299.11-299.12. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 33:1613 (August 2007), amended LR 39:2198 (August 2013). Chapter 5. Personnel §501. Criminal Background Checks A. Each LEA shall establish by regulation, requirements and procedures consistent with R.S. 17:15 and R.S. 15:587.1, through which it may request information from the Louisiana Bureau of Criminal Identification and Information necessary to ascertain whether an employee, or applicant for employment as a teacher, substitute teacher, bus driver, substitute bus driver, or janitor, or as a temporary, part-time, or permanent employee of any kind, including any person employed to provide cafeteria, transportation, or janitorial or maintenance services by any person or entity that contracts with a school or school system to pervade such services, has been arrested for, convicted of, or pled nolo contendere to, any criminal offense. 1. The regulation shall include the requirement and the procedure for the submission of a persons fingerprints on a form acceptable to the bureau. 2. The request for information necessary to determine whether a person has been arrested for, convicted of, or pled nolo contendere to, any criminal offense must be on a form prepared by the bureau and must be signed by a responsible officer or official of the LEA making the request. 3. It must include a statement signed by the person about whom the request is made which gives permission for such information to be released and must include the person's fingerprints in a form acceptable to the bureau. 4. A person whose fingerprints have been submitted to the bureau may be temporarily hired pending the report from the bureau. B. No person who has been convicted of or has pled nolo contendere to a crime listed in R.S. 15:587.1(C) shall be hired by a public elementary or secondary school as a teacher, substitute teacher, bus driver, substitute bus driver, janitor, or as a temporary, part-time, or permanent employee of any kind, including any person employed to provide cafeteria, transportation, or janitorial or maintenance services by any person or entity that contracts with a school or school system to provide such services unless approved in writing by a district judge of the parish and the district attorney or, if employed on an emergency basis, unless approved in writing by the superintendent of the school system. 1. This statement of approval shall be kept on file at all times by the school and shall be produced upon request to any law enforcement officer. EDUCATION Louisiana Administrative Code August 2013 14 2. Not later than 30 days after its being placed on file by the school, the school principal shall submit a copy of the statement of approval to the state superintendent of education. C. The LEA shall dismiss any teacher or any other school employee having supervisory or disciplinary authority over school children, if such teacher or school employee is convicted of, or pleads nolo contendere to, any crime listed in R.S. 15:587.1(C), except R.S. 14:74. D. An LEA may reemploy a teacher or other school employee who has been convicted of, or pled nolo contendere to, a crime listed in R.S. 15:587.1(C), only upon written approval of the district judge of the parish and the district attorney or upon written documentation from the court in which the conviction occurred stating that the conviction has been reversed, set aside, or vacated. 1. Any such statement of approval of the judge and the district attorney and any such written documentation from the court shall be kept on file at all times by the school and shall be produced upon request to any law enforcement officer. 2. Not later than 30 days after its being placed on file by the school, the school principal shall submit a copy of any such statement of approval or written documentation from the court to the state superintendent of education. E. A teacher or other school employee, upon final conviction or plea of guilty or nolo contendere to any criminal offense, excluding traffic offenses, shall report the fact of the conviction or plea to his employer within 48 hours of the conviction or plea. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:15 and R.S. 17:587.1. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1265 (June 2005), amended LR 33:431 (March 2007), LR 34:607 (April 2008), repromulgated LR 35:443 (March 2009), amended LR 35:1473 (August 2009), LR 39:2200 (August 2013). §502. Staff Misconduct 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) Title 28, Part CXV Louisiana Administrative Code August 2013 15 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 guidance 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: EDUCATION Louisiana Administrative Code August 2013 16 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. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1265 (June 2005), amended LR 33:431 (March 2007), LR 34:607 (April 2008), repromulgated LR 35:444 (March 2009), amended LR 35:1099 (June 2009), LR 37:1138 (April 2011), LR 38:41 (January 2012). §503. Staff Organization A. The professional staff of the local LEA's central office shall be organized with assigned roles, responsibilities and authority to provide a structure for implementing local school policies. B. Each LEA shall be required to employ certified personnel as required by state/federal law: 1. superintendent; 2. special education supervisor; 3. title IX coordinator; 4. child welfare and attendance supervisor; 5. school nurse; 6. school food services supervisor; 7. business manager. NOTE: See Bulletin 1929Louisiana Accounting and Uniform Governmental Handbook, §1301. C. The LEAs shall assign principals to schools as appropriate. D. For LEAs in any parish having a population of at least 300,000 persons, a full-time social worker shall be employed in each school which has been identified as a failing school. E. There shall be alcohol, drug, and substance abuse counselors who regularly visit every secondary school and elementary school at a maximum ratio of four schools to one counselor, for the purpose of counseling students who have been identified as having an alcohol, drug, or substance abuse problem. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:15, R.S. 17:28, R.S. 17:29, R.S. 17:54, R.S. 17:81, R.S. 17:84.2, R.S. 17:228, R.S. 17:403, R.S. 17:1947(F), and 7 CFR 210.3(a). HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1265 (June 2005), amended LR 33:2352 (November 2007), LR 39:2200 (August 2013). §505. Certification of Personnel A. To be eligible legally for teaching, administrative, supervisory, or other professional services in the public schools of Louisiana, personnel shall hold a valid Louisiana certificate appropriate to the services rendered or shall receive annual approval in accordance with provisions allowed by BESE. NOTE: Refer to Bulletin 746―Louisiana Standards for State Certification of School Personnel. B. In the event that an LEA in Louisiana, through its locally authorized governing board, chooses to select a superintendent who does not meet the eligibility requirements necessary to obtain certification as a superintendent, such LEA may appoint the candidate, provided that: Title 28, Part CXV Louisiana Administrative Code August 2013 17 1. the district appoints a chief academic officer whose primary and substantial job description shall govern the academics of the district including curriculum and instruction; 2. the chief academic officer possesses a valid state-issued teaching certificate; 3. the chief academic officer also meets all criteria required of a superintendent set forth in existing BESE policy; and 4. the chief academic officer is appointed no later than 120 days after the appointment of the superintendent candidate. C. Teachers in core academic subject areas (English, reading/language arts, mathematics, science, foreign languages, arts, and social studies) must meet the highly qualified requirements in order to teach in any core academic subject. 1. For the non-core academic subject areas, full-time secondary certified teachers in schools including grades 6-12 (or any combination thereof) may be allowed to teach a maximum of two periods in one subject out of their field of certification if they have earned 12 hours in that subject. Secondary certified teachers shall not teach below the sixth grade level. D. Each LEA shall ensure that supervision is provided for school psychologists, school social workers, speech therapists, and any other personnel not certified or licensed to practice their respective discipline without supervision and who are provisionally employed contingent upon such specific documented supervision in accordance with policy in Bulletin 746. E. Any employee of any LEA whose duty is to transport students in any city or parish activity in a school bus shall meet LDE requirements. NOTE: Refer to Bulletin 1191―Louisiana School Transportation Specifications and Procedures. F. Each LEA shall establish standards for certification of special education paraprofessionals and shall issue permits based on these standards. G. Teachers certified at the secondary level shall be allowed to teach at the sixth grade level in their respective areas of certification. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:7, R.S. 17:7.1, R.S. 17:24.10, R.S. 17:81, R.S. 17:491, 17:497.2, and R.S. 17:1974. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1265 (June 2005), amended LR 33:2353 (November 2007), LR 38:1224 (May 2012), LR 39:2201 (August 2013). §515. Teachers Retirement SystemPart-Time, Seasonal, or Temporary Classroom Teacher 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. EDUCATION Louisiana Administrative Code August 2013 18 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. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1267 (June 2005), amended LR 37:1140 (April 2011), LR 39:2201 (August 2013). §517. Acceptable Work Experience for Teacher Pay A. Conditions of Employment. For purposes of determining salary, Louisiana public schools shall grant credit for work experience in compliance with the following criteria. 1. Louisiana Public Schools a. Full-time/half-time satisfactory teaching experience at an LEA. Experience in a position that requires a valid Louisiana teaching/ancillary certificate. Proper certification for the position held; this is to include a temporary certificate, temporary teaching assignment, temporary employment permit, emergency permit, provisional certificate, and/or Circular 665 experience after regular certificate/licensure is secured. b. Full-time college/university satisfactory teaching experience, not to include graduate assistantship. c. Technical college teaching/instructional, full-time satisfactory experience when certified as a teacher for public elementary or secondary schools or technical colleges; proper temporary certification will count. d. Full-time satisfactory work experience acquired by ancillary personnel while employed by an organization or institution if such personnel held the credentials required for ancillary certification at the time work was performed. This is not to include private practice. 2. Louisiana Nonpublic Approved Schools a. The crediting of elementary and secondary teaching/instructional experience for Louisiana nonpublic teachers/ instructional employees, shall be in accordance with R.S. 17:424.2. Full-time college/university, career/technical, and ancillary experience shall be credited according to the standards stated in Subparagraphs A.1.b-d above. Experience must have been in a position requiring teaching/ancillary certificate or licensure. Proper temporary certification will count after regular certificate/licensure is secured. 3. Out-of-State Public Schools a. The crediting of public elementary and secondary teaching/instructional experience for out-of-state teachers/instructional employees shall be in accordance with R.S. 17:424.3. Full-time college/university, career/technical and ancillary experience shall be credited according to the standards stated in Subparagraphs A.1.b-d above. Experience must have been in a position requiring teaching/ ancillary certificate or licensure; this does not include experience under temporary certification/ licensure. 4. Out-of-State Nonpublic Approved Schools a. The crediting of elementary and secondary teaching/instructional experience for out-of-state nonpublic teachers/instructional employees is optional and shall be determined by each local school board. 5. Military a. Credit for military service shall be in accordance with R.S. 17:423. B. Length of Employment. An LEA may credit a full year of teaching/instructional service if the employee has provided teaching/instructional service for a minimum of 90 school days or one semester in one school year, in compliance with the above requirements. This credit will be given in the following year of employment except for individuals hired at mid-term who may be given credit for the fall semester of experience. The maximum credit for a school year is one year of experience. C. This policy will not affect years of credit granted to individuals prior to its adoption by the board. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:423; R.S. 17:424; R.S. 17:424.1; R.S. 17:424.2; R.S. 17:424.3. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1267 (June 2005). §519. Teacher Bill of Rights A. Respecting the authority of teachers is essential to creating an environment conducive to learning, effective instruction in the classroom, and proper administration of city, parish, and other local public schools. To maintain and protect that authority, it is important that teachers, administrators, parents, and students are fully informed of the various rights conferred upon teachers pursuant to this policy, which are: 1. a teacher has the right to teach free from the fear of frivolous lawsuits, including the right to qualified immunity Title 28, Part CXV Louisiana Administrative Code August 2013 19 and to legal defense, and to indemnification by the employing school board, pursuant to R.S. 17:416.1(C), 416.4, 416.5, and 416.11, for actions taken in the performance of duties of the teacher's employment; 2. a teacher has the right to appropriately discipline students in accordance with R.S. 17:223 and 416 through 416.16 and any city, parish, or other local public school board regulation; 3. a teacher has the right to remove any persistently disruptive student from his classroom when the student's behavior prevents the orderly instruction of other students or when the student displays impudent or defiant behavior and to place the student in the custody of the principal or his designee pursuant to R.S. 17:416(A)(1)(c); 4. a teacher has the right to have his or her professional judgment and discretion respected by school and district administrators in any disciplinary action taken by the teacher in accordance with school and district policy and with R.S.17:416(A)(1)(c); 5. a teacher has the right to teach in a safe, secure, and orderly environment that is conducive to learning and free from recognized dangers or hazards that are causing or likely to cause serious injury in accordance with R.S. 17:416.9 and 416.16; 6. a teacher has the right to be treated with civility and respect as provided in R.S. 17:416.12; 7. a teacher has the right to communicate with and to request the participation of parents in appropriate student disciplinary decisions pursuant to R.S. 17:235.1 and 416(A); 8. a teacher has the right to be free from excessively burdensome disciplinary paperwork; 9. a beginning teacher has the right to receive leadership and support in accordance with R.S. 17:3881, including the assignment of a qualified, experienced mentor who commits to helping him become a competent, confident professional in the classroom and offers support and assistance as needed to meet performance standards and professional expectation. B. No LEA shall establish policies that prevent teachers from exercising the rights listed above or in any other provisions included in R.S. 17:416 through 416.16. C. The provisions of this policy shall not be construed to supersede any other state law, BESE policy, or LEA policy enacted or adopted relative to the discipline of students. D. Each LEA shall provide a copy of this policy to all teachers at the beginning of each school year. Each such LEA also shall post a copy of the rights provided in this policy in a prominent place in every school and administrative building it operates and provide such a copy to parents or legal guardians of all children attending such schools in a form and manner approved by the school board. Each LEA and every school under its jurisdiction that maintains an Internet website shall post on such website a copy of the Teacher Bill of Rights required by this policy. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:416.18. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1268 (June 2005), amended LR 35:1100 (June 2009). §521. Physical Abuse of Teachers and School Employees by Students A. LEAs shall adopt rules and regulations to implement the following requirements regarding the physical abuse of public school teachers and other school employees by students. 1. LEAs shall keep an accurate record of incidents of such abuse. 2. LEAs shall provide appropriate equipment to protect teachers and other school employees from such abuse. 3. Support services shall be provided to teachers and other school employees which afford them the opportunity to discuss the stress caused by such abuse. 4. Any teacher or other school employee who has been the victim of such abuse shall be provided the opportunity to seek another position for which the teacher is certified within the same parish in which the teacher will not have contact with the student(s) involved, provided that there is another position available. AUTHORITY NOTE: Promulgated in accordance with R.S. 17:7. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 37:1138 (April 2011), amended LR 39:2202 (August 2013). Chapter 7. Records and Reports §701. Maintenance and Use of System Records and Reports A. The LEA and school shall maintain accurate and current information on students, personnel, instructional programs, facilities, and finances. B. The maintenance, use, and dissemination of information included in system and school records and reports shall be governed by written policies adopted by the local educational governing authority and/or other applicable educational governing authorities. The policies shall conform to the requirements of all applicable state and federal laws, including, but not limited to, the Louisiana Public Records Act, R.S. 44:1 et seq., the Family Educational Rights and Privacy Act, 20 U.S.C. 1232q and 45 CFR 99.1 et seq., the Individual with Disabilities Education Act, 20 U.S.C. 1400 et seq., 17:1941 et seq. and R.S. 17:1237. C. Information files and reports shall be stored with limited accessibility and shall be kept reasonably safe from damage and theft. D. Each parish superintendent shall keep a record of all business transacted by him or her as parish superintendent; the names, numbers, and description of school districts; the