DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 618 Engrossed 2019 Regular Session Lance Harris
Abstract: Relative to criminal history, revises certain requirements for certification and
employment of teachers and other school employees.
BESE Powers and Duties
Present law authorizes the State Bd. of Elementary and Secondary Education (BESE) to do the
following with respect to teacher certification and employment:
(1)Issue a teaching certificate or authorization to a person who has been convicted of or has pled
nolo contendere to a felony offense not listed in present law (R.S. 15:587.1) if certain
conditions apply. Proposed law revises present law to apply to those who have been
convicted of or have pled nolo contendere to an offense that is listed in such present law or
any felony offense and adds to the list of such conditions that the offense was not a crime of
violence as defined in present law (R.S. 14:2).
(2)Assess civil fines for hiring a person who has been convicted of or pled nolo contendere to
any felony offense. Proposed law allows such fining for hiring such persons who have been
convicted of or pled nolo contendere to any crime listed in present law (R.S. 15:587.1(C))
except one (R.S. 14:74–criminal neglect of family).
Prohibition Against Hiring/Exceptions
Present law prohibits the hiring of a person who has been convicted of or has pled nolo contendere
to a felony offense as an administrator, teacher, or substitute teacher. Proposed law instead prohibits
hiring for such positions anyone who has been convicted of or has pled nolo contendere to a crime
listed in present law (R.S. 15:587.1(C)).
Present law allows hiring persons otherwise prohibited from being hired for certain positions if
BESE approves a formal appeal request and issues a teaching certificate or authorization. Proposed
law retains present law.
Authorized Reemployment/Exceptions
Present law authorizes a school board to reemploy an administrator, teacher, or other school
employee who has been dismissed for conviction of a crime, except a crime listed in present law
(R.S. 15:587.1(C)). Proposed law instead allows a school board to reemploy such a person except if the conviction is for a crime of violence as defined in present law (R.S. 14:2).
Required Dismissal
Present law requires the dismissal of an administrator, teacher, or substitute teacher upon final
conviction of or plea of nolo contendere to any felony offense after a hearing held pursuant to present
law. Proposed law instead requires dismissal for crimes listed in present law (R.S. 15:587.1(C)) and
limits the hearing requirement to those who have obtained tenure.
Student Removal from Class
Present law requires, upon parental request, a student to be removed from the class of any teacher
who has a felony conviction. Proposed law instead applies this requirement to the class of any
teacher who has a conviction for any offense listed in present law (R.S. 15:587.1(C)) except for one
(R.S. 14:74–criminal neglect of family) but makes it conditional on there being another class of a
suitable grade or subject available.
(Amends R.S. 17:7(6)(h)(intro. para.) and (10), 15(A)(1)(b)(i)(aa) and (ii) and (2)(a)(i) and (c),
(C),(F)(1), and (G), and 3991(E)(5)(a)(ii)(aa) and (iii) and (b); Adds R.S. 17:7(6)(h)(iii))