| Advisory Opinion request from Stacey Miller, employed by the Jefferson Parish School Board. |
|
Stacey Miller is employed by the Jefferson Parish School Board as an Educational Diagnostician. She provides services at Airline Park Academy and Green Park Elementary school to students who are going through the evaluation process for, or have already been identified as having, a special education classification.
Ms. Miller does not teach the students directly. Instead, she provides the following services: (1) administer, interpret, score, and record findings of assessments; (2) coordinate individual evaluations and plan appropriate programs; (3) communicate findings and recommendations to parents and school personnel; (4) develop preventative strategies for children needing special services; (5) participate in meetings; (6) observe students in the classroom and consult with personnel regarding psychological data; and (7) conduct functional behavioral assessments and develop and monitor behavior intervention plans. Neither the students, nor their parents, have any economic interests in the assessments as any necessary services are provided by the school system without cost, as required by law. Ms. Miller stated that she cannot require students to obtain private needs-based services.
Ms. Miller is also the author of a children's book that aids in the development of social awareness skills. The focus of the book is not related to any responsibilities or activities associated with her position as an Education Diagnostician. Ms. Miller does not provide reading development skills in her assessments, as those skills are provided by teachers in either classroom or individualized intervention settings.
|
|
La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving 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: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency.
La. R.S. 42:1112A states that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
David Bordelon |
|
|