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COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN

Compendium Project State of Louisiana Thomas Trey Wynn EDU 702 David Trevaskis University of New England

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN Compendium Project School Law: State of Louisiana

Module 1, Legal Framework of Education


1. Education laws in Louisiana were created through the Louisiana State Legislature. http://senate.legis.louisiana.gov/Documents/Constitution/Default.htm Louisiana's constitution, the eleventh in the state's history, dates back to 1974 and has been amended numerous times. http://senate.legis.louisiana.gov/Documents/Constitution/Article8.htm#%C2%A71.%C2%A 0%C2%A0Public%20Educational%20System Article 8 Education Section 1 Public Educational System or Preamble a summary of what the legislature shall do for the state of Louisiana in accordance with Education. http://legis.la.gov/lss/lss.asp?doc=206565 Section 2 State Superintendent of Education talks about the state providing for a leader in public education for public elementary and secondary education within the state. Term limits and other powers and qualifications are listed. http://legis.la.gov/lss/lss.asp?doc=206573 Section 3 Board of Education Elementary and Secondary supervision and powers of the board. Term limits membership terms, vacancy laws, as well as amendments by acts. http://legis.la.gov/lss/lss.asp?doc=206574 Section 4 Private Schools approval of Private Schools and quality of such schools. http://legis.la.gov/lss/lss.asp?doc=206575 Section 5 Board of Regents Creation, functions, membership terms, powers. http://legis.la.gov/lss/lss.asp?doc=206576 Sections 6-7 Board of Supervisors for the University of Louisiana System, LSU System, and Technical and Community Colleges provisions, laws, membership terms. http://legis.la.gov/lss/lss.asp?doc=206577 http://legis.la.gov/lss/lss.asp?doc=206578 http://legis.la.gov/lss/lss.asp?doc=206579 Section 8-10 School Board, Parish Boards, Parish Superintendents guidelines for election, compensation, recognition, existing boards and systems to be recognized. http://legis.la.gov/lss/lss.asp?doc=206580 http://legis.la.gov/lss/lss.asp?doc=206581 http://legis.la.gov/lss/lss.asp?doc=206566 Sections 11-12 Appropriations State and Higher Education provision of funds and management of boards. http://legis.la.gov/lss/lss.asp?doc=206567 http://legis.la.gov/lss/lss.asp?doc=206568

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN

Section 13 Apportionment Free School books Minimum Foundation Program Local Funds http://legis.la.gov/lss/lss.asp?doc=206569 Section 14 Tulane University the creation of the Tulane University by Act No. 43 in 1884. 1LSA-R.S. Title 17, Ch. 6 note. http://legis.la.gov/lss/lss.asp?doc=206570 Section 15 Members of State board of Elementary and Secondary Education Beginning and end of terms. http://legis.la.gov/lss/lss.asp?doc=206571 Section 16 Public Hospitals The use of hospitals for higher education, (Med School) http://legis.la.gov/lss/lss.asp?doc=206572 2. Louisiana State Board of Education http://www.louisianabelieves.com/resources/bese/about-bese/structure Eight members are elected; one from each of the states eight BESE districts, at the same time Louisianas governor is elected. Three members are appointed by the governor to represent the state at-large. These members must be confirmed by the Louisiana Senate. By law, BESE members must elect a President and a Vice President from among their members. The current President is Penny Dastugue. http://www.louisianabelieves.com/resources/bese John White is the Superintendent of Education in Louisiana. http://www.louisianabelieves.com/resources/about-us/meetjohn-white 3. Louisiana State Court System http://louisiana.gov/Government/Judicial_Branch/ At the appeal level, it consists of a Supreme Court and five intermediate appeals courts. The structure is as follows: Louisiana State Supreme Court and 5 Circuit Court of Appeals. http://louisiana.gov/Government/Judicial_Branch/#supremecourt LA Supreme Court http://louisiana.gov/Government/Judicial_Branch/#courtsofappeal Court of Appeals http://www.la-fcca.org/ 1st Circuit Court of Appeals http://www.lacoa2.org/ 2nd Circuit Court of Appeals http://www.la3circuit.org/ 3rd Circuit Court of Appeals http://www.la4th.org/ 4th Circuit Court of Appeals http://www.fifthcircuit.org/ 5th Circuit Court of Appeals At the trial level, it consists of courts of general, special and limited jurisdiction. The structure is as follows: District Courts, Family and Juvenile Courts, Parish Courts, City Courts, and Justice of the Peace Courts in rural areas of the state. http://www.metairie.com/gov/louisiana-courts.php District Courts http://www.laclerksofcourt.org/clerksofcourt.htm Clerk of Courts 4. U.S. Circuit Court of Appeals in Louisiana http://www.ca5.uscourts.gov/

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN I live in the state of Louisiana which is in the 5th Circuit Court of Appeals for the United States. Texas and Mississippi are also in the 5th Circuit Court of Appeals. 5. Louisiana wins a waiver for the NCLB Act. The waivers granted to Louisiana and seven other states allow them to fall short of that requirement without losing federal funds provided they offer a viable alternative plan. Louisiana education officials submitted a multi-faceted application including references to the state school accountability plan that factors in performance on the ACT college preparation exam and other tests. State officials have outlined in the waiver request that all students are on track for a college degree or a professional career. http://www.wwltv.com/news/local/155438805.html

Module 2, Tort Liability


1. Education laws in Louisiana were created through the Louisiana State Legislature . http://senate.legis.louisiana.gov/Documents/Constitution/Default.htm Louisiana's constitution, the eleventh in the state's history, dates back to 1974 and has been amended numerous times. http://senate.legis.louisiana.gov/Documents/Constitution/Article8.htm#%C2%A71.%C2%A 0%C2%A0Public%20Educational%20System Corporal Punishment in Louisiana Corporal punishment is allowed in a reasonable manner. Corporal Punishment must be adopted by each school board. http://statelaws.findlaw.com/louisiana-law/louisiana-corporal-punishment-in-publicschools-laws.html Statutes on Corporal Punishment in Louisiana Each parish and city school board shall have discretion in the use of corporal punishment. In those cases in which a parish or city school board decides to use corporal punishment, each parish or city school board shall adopt rules and regulations as it deems necessary to implement and control any form of corporal punishment in the schools in its district. http://www.lawserver.com/law/state/louisiana/la-laws/louisiana_revised_statutes_17223 Seclusion laws in Louisiana currently, there are no statutes and regulations addressing Seclusion and Restraint and there are no policies and guidance addressing Seclusion and Restraint. But, Louisiana is currently considering developing legislation or policy for both Seclusion and Restraint. http://www2.ed.gov/policy/seclusion/seclusion-state-summary.html#la 2. Statutes relating to Concussions in Louisiana

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN

During the Regular Session of 2011, the Louisiana Legislature passed the Louisiana Youth Concussion Act. The act is a proactive movement to educate families and institutions on how to better serve and protect Louisianas youth. This act provides for: 1. New concussion education requirements for professionals, who regularly interact with youth athletes, to help them recognize the signs and symptoms of a concussion 2. The removal of youth athletes from competition upon sustaining a concussion to protect young athletes from harm 3. Requirements that must be satisfied for a youth athlete to return to play after sustaining a concussion or head injury to ensure their health 4. The dissemination of concussion information to inform the public of concussion risks http://lern.la.gov/concussion/ Concussion Education Requirements - The act created new concussion education requirements for two defined groups, including A) the governing authority of each public and nonpublic elementary school, middle school, junior high school, and high school; and B) each private club or public recreation facility and each athletic league which sponsors youth athletic activities. Here are the requirements: 1. Prior to beginning of each athletic season, provide pertinent information to all coaches, officials, volunteers, youth athletes, and their parents or legal guardian which informs of the nature and risk of concussion and head injury, including the risks associated with continuing to play after a concussion or head injury. http://lern.la.gov/concussion/ 2. Require each coach, whether such coach is employed or a volunteer and every official of a youth athletic activity that involves interscholastic play to complete an annual concussion recognition education course which is in accordance with the provisions of Subsection C of this Section. http://lern.la.gov/concussion/ 3. Require as a condition of participation in any athletic activities that the youth athlete and the youth athlete's parents or legal guardian sign a concussion and head injury information sheet which provides adequate notice of the statutory requirements which must be satisfied in order for an athlete who has or is suspected to have suffered a concussion or head injury to return to play. http://www.momsteam.com/health-safety/return-to-play/concussion-return-to-play-stepby-step-approach-recommended http://www.momsteam.com/health-safety/youth-sports-concussion-safety-laws-louisiana CDCs Heads Up: Concussion in Youth Sports for training and educational materials. Statutory requirements of the Louisiana Youth Concussion in Sports Act 314. 3. Statutes relating to Bullying in Louisiana a. Code of Conduct. The governing authority of each public elementary and secondary school shall adopt a student code of conduct for the students in the schools under its jurisdiction. The code of conduct shall be in compliance with all existing rules, regulations, and policies of the school board and of the State Board of Elementary and Secondary Education and all state laws relative to student discipline and shall include any necessary disciplinary action to be taken against any student who violates the code of conduct. http://www.legis.state.la.us/lss/lss.asp?doc=81029

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN b. Bullying Policy. The governing authority of each public elementary and secondary school shall adopt, and incorporate into the student code of conduct, a policy prohibiting the bullying of a student by another student, which includes the definition of bullying as provided in Subsection C of this Section. This policy must be implemented in a manner that is ongoing throughout the school year and integrated with a school's curriculum, a school's discipline policies, and other violence prevention efforts. http://www.legis.state.la.us/lss/lss.asp?doc=81029 c. Definition of Bullying. A pattern of any one or more of the following: (a) Gestures, including but not limited to obscene gestures and making faces. (b) Written, electronic, or verbal communications, including but not limited to calling names, threatening harm, taunting, malicious teasing, or spreading untrue rumors. Electronic communication includes but is not limited to a communication or image transmitted by email, instant message, text message, blog, or social networking website through the use of a telephone, mobile phone, pager, computer, or other electronic device. (c) Physical acts, including but not limited to hitting, kicking, pushing, tripping, choking, damaging personal property, or unauthorized use of personal property. (d) Repeatedly and purposefully shunning or excluding from activities. http://www.legis.state.la.us/lss/lss.asp?doc=81029 d. Cyber bullyingWhat is it? Cyber bullying is the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidates a person under the age of eighteen. http://www.legis.state.la.us/lss/lss.asp?doc=725180 e. Training for school employees. There are many guidelines that are mentioned in the website link. http://www.legis.state.la.us/lss/lss.asp?doc=81140 4. Comparative or Contributory Negligence as a Defense? Immunity safeguards for school personnel. Louisiana follows a pure comparative negligence system. With this system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault. http://www.the-injury-lawyerdirectory.com/louisiana.html Immunity Safeguards are in place for specific instances : 1) No person, who is an employee of a public school system, or his employer, who in good faith renders school health services and medical services to students with exceptionalities which are required by state or federal law, shall be liable for any civil damages as a result of any act or omission in rendering the care or services required. http://law.justia.com/codes/louisiana/2009/rs/title17/rs17-1946.html 2) No school board or member thereof, nor its agents or examiners, shall be answerable to any charge of libel, slander, or other action, whether civil or criminal, by reason of any finding or statement contained in the written findings of fact or decisions or by reason of any written or oral statements made in the course of proceedings or deliberations provided for under this Sub-part. http://law.justia.com/codes/louisiana/2012/rs/title17/rs17-110/ 3) No person shall have a cause of action against any school district, school, or school employee based on any statement made or action taken, or by the omission of any

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN statement or action, regarding instruction required by this Section. The immunity from liability established in this Subsection shall not apply to any statement or action by a school employee that is maliciously, willfully, and deliberately intended to cause bodily harm to a student or to harass or intimidate a student. http://law.justia.com/codes/louisiana/2012/rs/title17/rs17-280/ 4) No person shall have a cause of action against any school employee based on any statement made or action taken by the school employee provided that the action or statement was within the course and scope of the school employee's duties as defined by the school board in which the school employee is employed and was within the specific guidelines for school employee behavior as established by that school board. http://law.justia.com/codes/louisiana/2012/rs/title17/rs17-439/ 5. Credit vs. Richland Parish School Board - School Employees Immune from Negligence Liability http://statehighcourtsblog.org/2012/04/23/louisiana-torts-school-employeesimmune-from-negligence-liability/

Module 3, Church & State


1. State Law on Religion in Schools each school will allow at the beginning of each school day a moment of prayer and/or meditation for ones self. This moment is not in any way an endorsement by the state towards any one religion. The state is to remain neutral on all aspects of religion with the school system. http://legis.la.gov/lss/lss.asp?doc=80209 2. State law for tax vouchers being used at schools including religious schools currently the state is hearing court cases about the voucher program being unconstitutional. There is currently no law, only a bill. http://theadvocate.com/news/5117417-123/la-high-court-to-hear 3. Blaine Amendment in Louisiana? Yes, in the state of Louisiana, Blaine Amendments were passed in 1879 along with California that particular year in their general Constitution, but http://www.schoolreport.com/schoolreport/articles/Blaine_Amendments_10_07.htm according to the website underneath, Louisiana is one of eleven states that did not pass laws that meet the general criteria for designation of Blaine Amendments, in that they ban the use of public funds to support sectarian private schools (in many cases, the laws were included in constitutions drafted by newly-formed states concomitant with their admission to the Union and are thus technically not "amendments" in the strictest sense). http://www.economicexpert.com/a/Blaine:Amendment.htm 4. 5th Circuit Court of Appeals Louisiana, Texas, Mississippi > Church and State Issue Aguillard vs. Edwards in 1987 in Louisiana Louisiana law stated that The Creationism Act forbids the teaching of the theory of evolution in public schools unless accompanied by instruction in "creation science." No school is required to teach evolution or creation science. If either is taught, however, the other must also be taught. The theories of evolution and creation science are statutorily defined as "the scientific evidences for [creation or evolution] and inferences from those scientific evidences." http://law2.umkc.edu/faculty/projects/ftrials/conlaw/edwards.html

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN Because the Balanced Treatment Act had a secular purpose, which is all the first component of the Lemon test requires, the decision against the schools was reversed in the Court of Appeals and remand for further consideration.

Module 4, Student Classification


1. Louisiana State Statutes Equal Opportunity in Education including Financing Under the Minimum Foundation Program, Louisiana annually adopts a formula to equitably allocate funding for education to school districts. Funding through this program is provided to school districts as a block grant. After satisfying all mandated requirements, school districts have the flexibility to spend the funding to meet the needs of their schools and students. http://www.louisianabelieves.com/funding/minimum-foundation-program I spent about 3 hours total on this one dealing with Funding and the only one I could find was from my professor, David Trevaskis. Thanks David! 2. Louisiana State Statute that provides guidelines for working with ESL Children, illegal immigrants, homeless children, gender or any other designated group (not including children with disabilities) I looked and looked and looked for this one in the Louisiana Statutes and found nothing. Im sure it is in there, but I could not find it anywhere. I guarantee spent well over 2 hours on this one. 3. Louisiana State court cases settled within the 5th Circuit Court involving desegregation issue or other classification issues a. Vonda S. Brehm CLARK, Plaintiff-Appellant, v. KRAFT FOODS, INC., Defendant-Appellee. April 20, 1994. http://www.ca5.uscourts.gov:8081/isysquery/irl1e2c/1/doc Summary: In 1991 Clark filed the instant action, claiming that she was pressured to take a lower paying position and was ultimately fired because of her gender. b. Nelda Holden v. Simpson Pasadena Paper Company. December 4, 1997. http://www.ca5.uscourts.gov:8081/isysquery/irl1e2c/3/doc Summary: Judgment in favor of Simpson Pasadena Paper Company in this Title VII gender discrimination action. Even assuming that appellant Nelda Holden established her prima facie case, Simpson presented a completely legitimate nondiscriminatory reason for the complained-of employment action in the form of the collective bargaining agreements. As the district court correctly found, Holden came forward with absolutely no evidence on either prong. Indeed, Holden never produced any evidence that gender played any role in the employment action in question. The district court wrote a detailed and well reasoned opinion on this point, and everyone agree with it in all respects.

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN

4. Does the State of Louisiana protect for sexual orientation? As of 2008, the law protecting LGBT from discrimination had expired and not renewed by the current governor (Bobby Jindal). Governor Jindal allowed the law to expire. http://www.echelonmagazine.com/index.php?id=377&title=Louisiana%60s _Governor_Removes_%60Sexual_Orientation%60_from_the_State%60s_Ex ecutive_Order This is what the law says in Louisianas Constitution: Section 12. In access to public areas, accommodations, and facilities, every person shall be free from discrimination based on race, religion, or national ancestry and from arbitrary, capricious, or unreasonable discrimination based on age, sex, or physical condition. Not anywhere does it mention sexual orientation. http://senate.legis.state.la.us/documents/constitution/Article1.htm#%C2% A73.%20Right%20to%20Individual%20Dignity

Module 5, Children with Exceptionalities


1. Louisiana State statute Working with Children with exceptionalities (including gifted and talented) - This was one of two things I was able to find for Louisiana was a law within Terrebonne Parish with dealing with these children. The following link are the guidelines and parameters dealing with this issue. http://www.tpsd.org/home/files/G2_4c%20Education%20of%20Students%20With%20Exceptionalities. pdf - I located a PDF that had all of Louisianas regulations and guidelines for handling Students with Disabilities as well as regulations for gifted and talented students. http://www.doa.louisiana.gov/osr/lac/28v43/28v43.pdf - I also located the revised state of Louisiana statutes on the guidelines for the children with exceptionalities as well as the gifted program. Here is the original link: http://www.lawserver.com/law/state/louisiana/lalaws/louisiana_revised_statutes_title_17_chapter_8 - And here is the link to the gifted program statutes: http://www.lawserver.com/law/state/louisiana/lalaws/louisiana_revised_statutes_title_17_chapter_8_part_vi - Another one here from the Louisiana State Statutes School Choice program for Certain Students with Exceptionalities. Students must meet the criteria to be eligible. Student must not be deemed gifted or talented. http://www.legis.state.la.us/lss/lss.asp?doc=727231 - Here is another location on LADOE that deals with school choice for students with disabilities.

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN http://www.louisianabelieves.com/schools/school-choice-forstudents-with-disabilities Another site on students with disabilities that deals with Curriculum. http://sda.doe.louisiana.gov/Site%20Pages/Curriculum.aspx

2. Louisiana Court Case or 5th Circuit Court of Appeals impacting Special Education - This was the result of a case that was settled that made improvements in the education provided to those with emotional disturbances, reform of the parish's overly harsh disciplinary procedures, counseling for emotionally disturbed children, and the provision of job training and other services to help high school students transition into jobs upon graduation. This link was the correction plan put in place. http://www.splcenter.org/sites/default/files/Jefferson_Parish_Corre ctive_Action_Plan.pdf I did not find a plethora, actually I couldnt find hardly anything for this. Im moving on because I have been looking for over 3 hours. Please excuse me from this one. I found many cases, but nothing that impacted the structure of Special Education.

3. HOUSSE Standards in Louisiana for Special Education teachers This site first explains what HOUSSE is: http://www.neglecteddelinquent.org/nd/resources/legislate/HQT/HOUSSE.asp This site is the Louisiana description of what HOUSSE is and what qualifications for each type of teacher for the state. This would be the highly qualified definition for not new teachers for Louisiana. http://www.doe.louisiana.gov/lde/uploads/4652.pdf According to this site, in 2007, Louisiana did away with HOUSSE http://www.doe.louisiana.gov/lde/uploads/4650.pdf

Module 6, Students Rights


1. School Attendance, Online K-12 Education, oversight of home schooling, charter schools, user fees, confidentiality of HIV, health concerns with attendance, students records, school curriculum requirements: a. School Attendance- this site on the LDOE gives the complete explanation of the attendance requirements for students. http://www.legis.state.la.us/lss/lss.asp?doc=80276 b. Online Education Louisiana Virtual School this program allows students to take online courses in English, Math, History, Foreign Language, and Computer Science. Offered through a partnership with LADOE and LA School of Math, Science, and Art. http://www.louisianabelieves.com/courses/louisiana-virtual-school

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN c. Home Schooling This site offers guidelines for the Home Study Program in Louisiana. Although I could not find any oversights on the program, there was a download for guidelines and applications. This site doesnt take right to it, but you can scroll down and find it on the left-hand side of the page. http://www.louisianabelieves.com/resources/library/school-choice d. Charter Schools this site on the LADOE page offers an overview of the program and gives details about the guidelines for the charter schools in Louisiana. http://www.louisianabelieves.com/schools/charter-schools e. User Fees could not find anything on this. f. Confidentiality of HIV This site on the LA Biotech shows that HIV information is confidential and must be treated just like medical information which is private. http://biotech.law.lsu.edu/cases/la/health/40_1300_14.htm This site here has nothing to do with confidentiality of HIV and Sex Ed but this is a really good site on what the law says about each state and what they have to teach or dont have to teach on Sex Ed and HIV/AIDS. http://sexetc.org/states/louisiana/ g. Health Concerns in Education This is a school based Medicaid program. This program helps implement health services through the use of Medicaid. http://www.louisianabelieves.com/schools/public-schools/school-based-medicaidservices h. Student Records This is a FERPA notice that explains what it is and how the State of Louisiana goes about dealing with the privacy of the students and their records. This is an example from the University of Louisiana at Lafayette. http://admissions.louisiana.edu/registrar/FERPA.htm i. School curriculum requirements could not find anything on students rights with curriculum but I did find the Students Rights for LA Tech University and it is on a PDF and you must scroll down to Section 4 to see Students Rights. http://www.latech.edu/documents/student_code_of_conduct.pdf 2. Louisiana State Statutes involving Free Speech, confidentiality of records, dress code . a. Free Speech This is a contact law between teacher and student that prohibits teachers and students from communicating with each other via cell phone, email, telephone, fax, etc. unless the communication is related to educational services. This law was enacted by the 2009 Louisiana legislature with the support of Gov. Bobby Jindal. Any employee who uses a non-school phone, e-mail account or other electronic means to contact a student must report that communication to the school district. The law directs each local school board to enact rules setting forth the details as to how such communications will be logged and what the logs must contain. http://www.splc.org/wordpress/?p=308 this site is a report of the law. b. Confidentiality of Records This is the general guide to FERPAFamily Educational Rights and Privacy Act. This site shows and educates anyone on the ends and outs of ones privacy and your school records. http://www2.ed.gov/policy/gen/guid/fpco/brochures/parents.html c. Dress Code Didnt come up with anything on a state-wide dress code. Each Parish in Louisiana has their own set of laws about a dress code within their own school districts. But, I did find an interesting case here in Louisiana. In this case, the ACLU on behalf of two parents and their eight children because the school district denied their rights to an education because of their Rastafarian religious beliefs. (I had to

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN look it up.) Very interesting case. Here is the link > http://www.aclu.org/freespeech/aclu-says-louisiana-dress-code-denies-rastafarian-children-right-education 3. Discipline within the State of Louisiana (statutes) a. Suspension This law deals with discipline of pupil, suspension of pupil, and corporal punishment of pupil. http://www.lawserver.com/law/state/louisiana/lalaws/louisiana_revised_statutes_17-223 b. Expulsion this link is an extension of the previous link with more depth. Expulsion is listed and discussed in this link. http://law.justia.com/codes/louisiana/2006/143/81024.html c. Truancy This are two links with point towards the truancy issue. This first link just basically shows school attendance; compulsory ages; duty of parents; excessive absences; condition for driving privileges. http://www.legis.state.la.us/lss/lss.asp?doc=80276 This link shows the cases of habitual absence or tardiness referred to juvenile or family court; denial or suspension of driving privileges. http://www.legis.state.la.us/lss/lss.asp?doc=80325 4. State Court Case or 5th Circuit Court Case involving students rights a. This was a case in Louisiana I ran across that involved a teenage girl who didnt wear her belt to school and usually the school provides a belt for rent, but the school ran out of belts on this particular day so the girl was sent to the disciplinarians office for a referral. The ACLU filed on behalf of the parent and then provided the school with belts with ACLU emblems on them! http://www.aclu.org/racial-justice_drug-law-reform_immigrants-rights_nationalsecurity/aclu-responds-humor-after-louisia

Module 7, Teachers Substantive Rights


1. Tenure a. How is it defined in the State of Louisiana? b. Due Process? This site handles both questions. This site is a PDF, but is more of a pamphlet given to teachers in Louisiana that explains the tenure process and due process for non-tenured teachers. http://stand.org/sites/default/files/Louisiana/LA_Tenure%20Brief.pdf 2. Laws on Whistle Blowing a. This site explains the whistle blowing laws. Louisiana has 3 different statutes that relate to the prevention of an employee facing retaliation for having disclosed information about the employer's conduct. http://www.meocpa.com/whistle.html 3. State Textbook selection guidelines? a. Personal Experience - I just happened to be on a textbook selection committee about 8 years ago while I was still teaching social studies. At the time I didnt really

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN know what the law was on selecting the textbook for the district. I did know that the selection of books was based on the district and not the state. b. Law this note from the state says that the districts should hold off on buying any new textbooks for the time being because of the implementation of the Common Core Standards for the 2013/2014 school years. Therefore, as of now the state supports the individual school districts. http://www.louisianabelieves.com/academics/content-and-textbooks 4. Child Abuse and Neglect Laws - The Louisiana Childrens Code provides the definitions of abuse and neglect by a parent or caretaker. This site will explain who to contact or what signs to look for in the child. It also says who is responsible to report the abuse. http://dss.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=109 5. Employee Discrimination Laws - This site gives an explanation of the differences in the Federal and State of Louisiana laws on discrimination in the workplace. This site summarizes the benefits of the discrimination laws of both federal and state. Even though this site is a private site and not a government site, I feel it is legit with the reference number of the statute in place for Louisiana. RS 23:301 et seq. http://www.meocpa.com/laemploy.html 6. Case settled in 5th Circuit Court on Teachers Rights - This case was one in which a Coach was fired from his coaching duties and fired from his teaching duties because they wanted to hire another coach in his place. The school never hired the new coach for that year and also hired a long-term substitute teacher in his place. The Coach couldve kept teaching but wasnt allowed to; even though his teaching position was filled by a long-term substitute. Here is the link http://caselaw.findlaw.com/us-5th-circuit/1115018.html

Module 8, Terms and Conditions of Employment


1. Licensure/certification requirements for teachers and administrators in Louisiana - Certified Teacher - This page shows how to become certified in Louisiana for a teacher. https://www.teachlouisiana.net/Prospect.aspx?PageID=3200 - Certified Administrator - This page shows how to become certified as an administrator in Louisiana. https://www.teachlouisiana.net/Prospect.aspx?PageID=667 - Qualification of a Teacher in Louisiana - This page shows the qualifications of a Louisiana teacher http://law.justia.com/codes/louisiana/2006/143/80469.html 2. Hiring and Appointment of Laws/Regulations in Louisiana

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN I was able to find some laws on the appointment of school board members in Louisiana. These are the regulations for that http://law.justia.com/codes/louisiana/2006/143/81133.html Officers of boards, election; superintendents, qualifications, appointment and removal http://law.justia.com/codes/louisiana/2006/143/81146.html Here are some school board policies for hiring procedures http://law.justia.com/codes/louisiana/2006/143/409691.html Here is a page on how the Principal or School board shall select an employee. This is a method of selecting and order of preference among applicants http://law.justia.com/codes/louisiana/2006/143/79763.html Note: I could not find in all the statutes in Louisiana Education anything on the hiring of teachers; what the procedures were or anything. However, here is a site on general hiring laws in Louisiana http://research.lawyers.com/Louisiana/Employment-Law-in-Louisiana.html

3. What is the cause for termination of a teacher? - Evaluation Process - Here is the evaluation process which leads to why a teacher could receive the termination process. http://webcache.googleusercontent.com/custom?q=cache%3AQfo1xlS9f0YJ%3Ala w.justia.com%2Fcodes%2Flouisiana%2F2006%2F143%2F80921.html+termination+ of+teaching Dismissal - Some causes for dismissal include the following: Immoral conduct, Incompetence, Neglect of duty, Substantial noncompliance with school laws, Conviction of a crime, Insubordination, and Fraud or misrepresentation. Here is the site that mentions this. http://www.enotes.com/education-reference/teachersrights Removal of Teachers/Appeals Process - This page talks about the removal of teachers and appeals process along with talk about tenure http://law.justia.com/codes/louisiana/2012/rs/title17/rs17-443/

4. Personnel evaluation and record-keeping - Evaluation Records - This page deals with evaluation records and access of those records in Louisiana education http://law.justia.com/codes/louisiana/2011/rs/title17/rs17-3884/ - Evaluation Process - Here is the evaluation process statute in the Louisiana laws in education. This page talks about how each teacher is evaluated and how the evaluation process takes place. http://law.justia.com/codes/louisiana/2012/rs/title17/rs17-3902/ - Confidentiality of Records - This page has information on the confidential nature of certain personnel records and how private it is or not to administration. http://law.justia.com/codes/louisiana/2012/rs/title44/rs44-11/ 5. Union and Collective Bargaining regulations - Collective Bargaining - It is noted that in the state of Louisiana, there arent any collective bargaining regulations for education or public workers. No collective bargaining statute governs public schools. Teachers in Louisiana should consult

COMPENDIUM PROJECT STATE OF LOUISIANA- THOMAS WYNN relevant case law to determine when collective bargaining is permitted. Nothing has been found http://education.findlaw.com/teachers-rights/teacher-s-unions-collectivebargaining-state-and-local-laws.html Newspaper report verifying the lack of collective bargaining laws for Louisiana public workers. http://www.nola.com/politics/index.ssf/2011/02/gov_bobby_jindal_sides_with_wi. html Union Could not find any regulations of teachers unions for Louisiana but I gave you the teachers union website anyway http://la.aft.org/

Statement of Academic Honesty: I have read and understand that plagiarism policy as outlined in the Student Plagiarism and Academic Misconduct document relating to the Honesty/Cheating Policy. By attaching this statement to the title page of my paper, I certify that the work submitted is my original work developed specifically for this course and to the MSED program. If it is found that cheating and/or plagiarism did take place in the writing of this paper, I acknowledge the possible consequences of the act/s, which could include expulsion from the University of New England. Electronic Signature: Thomas Trey Wynn