§81.9. School board policies; hiring procedures; statements; requirements
A. Notwithstanding any other provision of law to the contrary, prior to hiring any
employee, each city, parish, and other local public school board shall require the applicant
for such employment, hereinafter referred to in this Section as "the applicant", to sign a
statement that:
(1)(a) Provides procedures for the disclosure of information by the applicant's current
or previous employer, if such employer is a city, parish, or other local public school board,
relative to all instances of sexual misconduct with students as committed by the applicant,
if any.
(b)Provides procedures for the disclosure of information by the applicant's current
or previous employer, if such employer is the Louisiana School for the Deaf,
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§81.9. School board policies; hiring procedures; statements; requirements
A. Notwithstanding any other provision of law to the contrary, prior to hiring any
employee, each city, parish, and other local public school board shall require the applicant
for such employment, hereinafter referred to in this Section as "the applicant", to sign a
statement that:
(1)(a) Provides procedures for the disclosure of information by the applicant's current
or previous employer, if such employer is a city, parish, or other local public school board,
relative to all instances of sexual misconduct with students as committed by the applicant,
if any.
(b) Provides 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 Special School Programs, 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) Releases the applicant's 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 disclosing any information as described in Paragraph (1) of
this Subsection in accordance with the provisions of this Section.
(3) Provides procedures for the disclosure of information by the applicant of all
instances of sexual misconduct with and abuse or neglect as specified in Subparagraph (1)(b)
of this Subsection 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 as contained in R.S. 17:430.
B. Prior to hiring any applicant, each city, parish, and other local public school board
shall request, in writing, that the applicant's current or previous employer, if such employer
is a city, parish, or other local public school board, provide the information as described in
Paragraph (A)(1) of this Section, if such information exists, and make available to the hiring
school board copies of all documents as contained in the applicant's personnel file
maintained by such employer relative to such instances of sexual misconduct and abuse or
neglect as specified in Subparagraph (A)(1)(b) of this Section, if any. Such request for
information shall include a copy of the statement signed by the applicant as provided in
Subsection A of this Section.
C. By not later than twenty business days after receiving a request as specified in
Subsection B of this Section, the city, parish, or other local public school board shall provide
the information requested, if any such information exists, and shall make available to the
requesting school board copies of all documents as contained in the applicant's personnel file
relating to all instances of sexual misconduct and abuse or neglect as specified in
Subparagraph (A)(1)(b) of this Section, if any.
D. Any city, parish, or other local public school board or any school employee acting
on behalf of such board who in good faith discloses any information pursuant to this Section
shall be immune from civil liability for having disclosed such information.
E. Except as provided in Subsection F of this Section, no city, parish, or other local
public school board shall hire an applicant who does not sign the statement as described in
Subsection A of this Section.
F. Any city, parish, or other local public school board may employ any applicant on
a conditional basis pending the board's review of any information obtained pursuant to this
Section.
G. Any information obtained by a city, parish, or other local public school board
pursuant to this Section shall be used by such board only for the purpose of evaluating an
applicant's qualifications for employment in the position for which he has applied.
H. Notwithstanding any other provision of law to the contrary, no member of a city,
parish, or other local public school board or school employee employed by such board shall
disclose any information obtained pursuant to this Section to any person, other than the
applicant, who is not directly involved in the process of evaluating the applicant's
qualifications for employment. Any person who violates the provisions of this Subsection
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.
I. The provisions of this Section shall not prevent any city, parish, or other local
public school board from requesting or requiring any applicant to provide any information
other than that as described in this Section.
J. By not later than September 1, 2006, the State Board of Elementary and Secondary
Education shall adopt rules and regulations to define "sexual misconduct" for purposes of
this Section and such rules and regulations shall be applicable to all public school employees.
K. By not later than November 1, 2006, each city, parish, and other local public
school board shall develop and adopt policies as necessary for the implementation of the
provisions of this Section.
L. For purposes of this Section, city, parish, and other local public school board shall
mean the governing authority of any public elementary or secondary school.