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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
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
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/
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.
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
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
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
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
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