FILE: GBC
RECRUITMENT
The Orleans Parish School Board shall make a concerted effort to recruit the best qualified applicants available. Upon creation of a new administrative or supervisory position or a vacancy occurring in an established position, if such positions are not filled by transfer or promotion of qualified personnel, the Department of Human Resources shall prepare a notification outlining the details of the position and procedures for applying. Such notification shall be posted on the School Board’s website and other such mediums as the Superintendent and/or his/her designee may determine.
When filling vacancies in positions of authority or those with policymaking duties, the School Board or Superintendent or his/her designee, depending on the vacancy, shall not utilize only oral contacts and interviews of applicants considered, or use any other means to circumvent the provisions of state statutes. Nothing, however, shall prohibit oral contact prior to a person becoming an applicant or shall prohibit oral contact which may result in a written application or other documents.
APPLICATIONS
Applications submitted for any teaching vacancy shall be submitted to and retained by the Department of Human Resources for a period of not less than three (3) years. All applications for non-certified positions shall be retained for at least one (1) year.
Disclosure of Information by Applicant
As part of the application process, the School Board shall require the applicant to sign a statement that authorizes the release and disclosure of the following information by the applicant’s current or previous employer(s):
All actual cases of sexual misconduct with a minor or student by the applicant.
All instances of sexual misconduct with students, as defined by the Louisiana Board of Elementary and Secondary Education (BESE), and outlined in the Louisiana Handbook for School Administrators, Bulletin 741, committed by the applicant, if any, if such employer is/was a city, parish, or other local public School Board.
All investigations of sexual misconduct by the applicant with a minor or student that occurred within thirty-six (36) months prior to the applicant’s resignation, termination, or retirement from employment.
All actual or investigated cases of abuse or neglect committed by the applicant, if any, if such employer is/was the Louisiana School for the Deaf, the Louisiana School for the Visually Impaired, or the Louisiana Special Education Center.
If an investigation determined that a formal allegation of an applicant was inconclusive, unjustified, or otherwise without cause for further formal pursuit, the applicant shall not be required to disclose such information.
The statement shall also request the current or previous employing School Board make available to the School Board through its Superintendent or his/her designee, within twenty (20) business days of receipt of the request, copies of all documents as contained in the applicant's personnel file maintained by such employer relative to instances of sexual misconduct, if any. Such request for information shall include a copy of the required statement signed by the applicant.
The Superintendent, or principal, with the approval of the Superintendent, may employ any applicant on a conditional basis pending a review of any information obtained pursuant to this request. Permanent employment shall not occur until the information has been satisfactorily verified. However, in accordance with statutory provisions, the Superintendent shall not hire any applicant who does not sign the release of information statement as required by law.
Any information obtained by the School Board as a result of the signed release statement and request outlined above shall be used by the Superintendent only for the purpose of evaluating an applicant's qualifications for employment in the position for which he/she has applied, is not subject to the state public records statutes, and shall not 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.
In addition to the above, as part of the application process, the School Board shall request the applicant’s performance evaluation results, if applicable. The applicant, once the evaluation results have been received, shall be given an opportunity to review the information received and provide any response or information the applicant deems appropriate.
Finally, the applicant shall grant permission by signing a statement on the application form that permits the School Board to have access to any and all reference, background, and previous employment information and to receive copies of any such documentation from a current or previous employer.
Disclosure of Applicant’s Records
The name of each applicant for certain positions of authority or those with policymaking duties, the qualifications of such an applicant, and any relevant employment history or experience of such an applicant shall be available for public inspection, examination, copying, or reproduction as provided for in the statutory provisions governing public works.
CRIMINAL HISTORY OF APPLICANTS
The Orleans Parish School Board shall require, in accordance with state law, applicants for employment to submit necessary information regarding their backgrounds. A prospective employee shall be required to provide authorization for the disclosure of any information regarding past criminal activities, including arrests, convictions, having pled nolo contendere, or other dispositions, including dismissal of convictions, of any criminal offense, in accordance with La. Rev. Stat. Ann. §15:587.
A standard applicant fingerprint card acceptable to the Louisiana Bureau of Criminal Identification and Information and a disclosure authorization form shall be provided the applicant by the School Board or may be obtained from local police authorities. It shall be the responsibility of the applicant to have his/her fingerprints taken by a qualified individual and submitted to the proper authorities for processing. Any cost associated with fingerprinting or the disclosure of background information on an applicant may be passed on to the applicant.
No person who has been convicted of or has plead nolo contendere to crimes listed in La. Rev. Stat. Ann. §15:587.1 shall be hired as a teacher, substitute teacher, or janitor, or as a temporary, part-time, or permanent school employee of any kind, unless approved in writing by a district judge and the district attorney with jurisdiction in Orleans Parish, or if employed on an emergency basis.
For the purposes of reviewing the criminal history of prospective employees, any person employed to provide cafeteria, transportation, janitorial or maintenance services by any person or entity that contracts with a school or the School Board to provide such services shall be considered to be hired by the School Board.
Every such prospective employee shall be subjected to fingerprinting and each person's fingerprints shall be submitted to the proper authorities for a criminal history review.
A person who has submitted his/her fingerprints may be temporarily hired pending the results of the inquiry, subject to the approval of the Superintendent.
Upon the final conviction or upon a plea of nolo contendere of any crimes enumerated in La. Rev. Stat. Ann. §15:587.1, except La. Rev. Stat. Ann. §14:74 (criminal neglect of family), any teacher may be terminated following a review held in accordance with statutory provision.
Any other school employee if such employee is convicted of or pleads nolo contendere to crimes enumerated in La. Rev. Stat. Ann. §15:587.1, except La. Rev. Stat. Ann. §14:74, may be terminated.
A teacher or any other School Board employee shall report any final conviction or plea of guilty or nolo contendere to any criminal offense, excluding traffic offenses, to the School Board within forty-eight (48) hours of conviction or plea.
The Superintendent, or principal with approval of the Superintendent, may reemploy a teacher or other school employee who has been convicted of crimes enumerated in La. Rev. Stat. Ann. §15:587.1, except La. Rev. Stat. Ann. §14:74, only upon written approval of a district judge and the district attorney who has jurisdiction in this school district, or upon written documentation from the court in which the conviction occurred stating that the conviction had been reversed, set aside, or vacated.
Revised: March 22, 2018
Ref: La. Rev. Stat. Ann. §§14:74, 15:587, 15:587.1, 17:15, 17:24.2, 17:81, 17:81.9, 17:83, 17:430, 17:3884, 23:291, 23:1208.1, 42:1119, 44:12.1, 44:31, 44:31.1, 44:32, 44:33, 44:34
La. Children’s Code, Art. 603, Art. 606
Board minutes, 3-22-18
Orleans Parish School Board