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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 618 2019 Regular Session Lance Harris
Keyword and oneliner of the instrument as it left the House
SCHOOLS/EMPLOYEES: Revises requirements for certification, hiring, and dismissal of teachers
and other school employees with respect to criminal history
Report rejects Senate amendments which would have:
1. Prohibited the State Bd. of Elementary and Secondary Education (BESE) from granting a
teaching certificate, authorization, or appeal to anyone who has been convicted of or has pled
nolo contendere to any crime listed in present law (R.S. 15:587.1(C)) (no exceptions).
Report amends the bill to:
1. Prohibit BESE from granting a teaching certification, authorization, or appeal to anyone who
has been convicted or has pled nolo contendere to any crime listed in present law (R.S.
15:587.1(C)) except for certain drug offenses.
2. Apply a uniform set of criminal history criteria to provisions pertaining to certification and
authorization, hiring, reemployment, and dismissal provisions for teachers and other school
employees.
3. Provide that dismissal requirements as provided by proposed law shall be prospective.
Digest of the bill as proposed by the Conference Committee
BESE Powers and Duties
Present law provides the following with respect to the State Bd. of Elementary and Secondary
Education (BESE) and teacher certification, authorization, and employment:
(1)Authorizes BESE to 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(C)) 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 but only if it is one of certain specified drug offenses listed in such present law.
Proposed law explicitly prohibits the board from granting a teaching certificate or
authorization (or appeal) to those who have been convicted of or have pled nolo contendere
to any other crimes listed in such present law.
(2)Authorizes BESE to assess civil fines for hiring a person who has been convicted of or pled
nolo contendere to any felony offense. Proposed law instead 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)).
(3)Requires BESE to establish a process for issuing a teaching authorization to a person seeking
employment as an administrator, teacher, or substitute teacher, including procedures for
determining if he has been convicted or pled nolo contendere to a felony offense. Proposed
law changes "felony offense" to "crime listed in R.S. 15:587.1(C)" and explicitly prohibits
BESE from granting a teaching authorization to any person who has been convicted of or
pled nolo contendere to any crime listed in present law (R.S. 15:587.1(C) other than certain
drug offenses).
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. (Proposed law relative to this process prohibits BESE from granting
certification or authorization to anyone who has been convicted of or pled nolo contendere to a crime
listed in present law (R.S. 15:587.1(C) except for certain drug offenses.)
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 under certain circumstances except if
the crime is listed in present law (R.S. 15:587.1(C)). Proposed law retains present law.
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 a crime listed in present law (R.S. 15:587.1(C))
and limits the hearing requirement to those who have obtained tenure. Proposed law also provides
that this dismissal requirement is not applicable to such a person employed on or before the effective date of proposed law whose conviction or plea occurred prior to the effective date of proposed law.
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 retains present law 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))