| Advisory opinion request as to whether D'Arbonne Woods Charter School may continue to employ Cullen Smith, the son-in-law of the Director. |
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D'Arbonne Woods Charter School is a Type 2 Charter School located in Union Parish which has a population of less than 26,000 residents. James W. Orten was elected to the Board of Directors of D'Arbonne Woods Charter School on August 13, 2013. His son-in-law, Cullen Smith, was hired by the school on July 28, 2014 as a certified Social Studies teacher for the 2014-2015 school year. Cullen Smith was promoted to a supervisor position for the 2015-2016 school year which includes the duties of teaching two Technology Processing classes on-line and supervising discipline, truancy, transportation and the overall school environment. Cullen Smith meets all of the requirements for the supervisor's position.
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La. R.S. 42:1119B prohibits an immediate family member of a member of a governing authority or the chief executive of a governmental entity from being employed by the governmental entity.
La. R.S. 42:1119B(2)(a)(i) provides an exception to permit the employment of an immediate family member of a school board member if the person is employed as a certified classroom teacher.
La. R.S. 42:1119B(2)(a)(v) provides for a specific exception which allows a local school board to promote a classroom teacher who is a member of the immediate family of any school board member to an administrative position provided they have the appropriate qualifications for such administrative position.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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