| Advisory opinion request by Mark Ludke, a teacher at C.E. Byrd High School, regarding whether he may continue teaching driver education for the Caddo Parish School System if he were to own a driving a school and what, if any, limitations there may be. |
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Mark Ludke is in the process of opening Mark's Driving Academy, of which he is the sole owner, after having the curriculum approved by the Louisiana Department of Motor Vehicles. He teaches Civics and Driver Education at C.E. Byrd High School in Shreveport, Louisiana. The students who take the Driver Education class have a choice of either receiving a half credit hour to be included in their overall GPA or can receive a pass/fail grade for the course if it is not included in their GPA. He primarily has Caddo Parish students in the class, but students from other surrounding parishes and private schools have also taken the class in the past. Credit from this class qualifies for the requirement by the Louisiana Department of Motor Vehicles that a person attend a Driver's Education course.
Mark's Driving Academy would charge between fifty and four hundred fifty dollars for services and classes. These classes would be held after Mr. Ludke's work hours with C.E. Byrd High School or during the summer months. Finally, there is a possibility that a person whom he is teaching Civics would be a potential student of Mark's Driving Academy.
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R.S. 42:1111C(1)(a) provides that a public servant shall not receive any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by La. R.S. 42:1115A(1) or (B) from receiving a gift.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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