§ 17:16 — Reporting of certain arrests; school employees; requirements; failure to report

§16. Reporting of certain arrests; school employees; requirements; failure to report
A. Effective January 1, 2012, and thereafter, a school employee shall report his arrest
for a violation of R.S. 14:42 through 43.5, 80 through 81.5, any other sexual offense
affecting minors, any of the crimes provided in R.S. 15:587.1, or any substantiated complaint
of child abuse or neglect on file in the central registry pursuant to Children's Code Article
615.
B.(1) The report required by Subsection A of this Section shall be made by the
school employee to a person or persons as specified by the governing authority of the school
in rules and regulations required by this Section. Such report shall be made within
twenty-four 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. Such report shall be made by
the school employee or an agent of the employee regardless of whether he was performing
an official duty or responsibility as a school employee at the time of the offense.
(2) In addition, the school employee shall report the disposition of any legal
proceedings related to any such arrest, which shall also be made a part of any related files or
records.
C. The provisions of this Section shall apply to an arrest occurring after December
31, 2011, for a violation as specified in Subsection A of this Section.
D.(1) A school employee who fails to comply with the provisions of this Section
shall be suspended with or without pay by the governing authority employing the employee
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.
(2) Notwithstanding any provision of law to the contrary, a school employee
employed by a city, parish, or other local public school board who is a tenured employee of
the board shall be subject to removal under R.S. 17:45, 443, 462, 493, 523, or 533, as
applicable, for failure to comply with the provisions of this Section. Written and signed
charges alleging such failure shall be brought against the employee.
E. Not later than October 1, 2011, the State Board of Elementary and Secondary
Education shall adopt rules, regulations, and procedures to be followed by the governing
authority of each public elementary and secondary school to implement the provisions of this
Section. Such rules, regulations, and procedures shall be uniform and consistent with the
provisions of this Section.
F. Notwithstanding any provision of law to the contrary, unless criminal charges are
instituted pursuant to an arrest which is required to be reported by this Section, 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.
G. For the purposes of this Section, "school employee" means any employee of a
city, parish, or other local public school board or other governing authority of a public
elementary or secondary school, including a teacher, substitute teacher, bus operator,
substitute bus operator, or janitor, and shall include all temporary, part-time, and permanent
school employees.

Legislative History

Acts 2011, No. 267, §1, eff. June 28, 2011; Acts 2017, No. 335, §1; Acts 2025, No. 409, §3.