| Advisory opinion request regarding whether Rebecca Sanders, a certified teacher for the Calcasieu Parish School Board, may be promoted to an administrative position while her father, Alvin Smith, serves as a member of the school board. |
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Rebecca Sanders is currently employed as a certified teacher for the Calcasieu Parish School Board. Her father, Alvin Smith,
serves as a member of the school board. Ms. Sanders was not employed for at least one year prior to her father becoming a member of the school board. Ms. Sanders is seeking to be promoted to an administrative position, including the position of Title One Coordinator or Curriculum Coordinator. She is also seeking an opinion as to whether the location of the school relative to the district which her father represents as a member of the school board will affect her ability to be promoted to an administrative position.
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La. R.S. 42:1119B provides no member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.
La. R.S. 42:1119B(2)(a)(i) permits the school board to employ an immediate family member of a school board member and the superintendent, provided the family member is certified to teach and teaching in a classroom.
La. R.S. 42:1119B(2)(v) An immediate family member of a member of a local school board or of a superintendent who is employed pursuant to Item (i) of this Subparagraph may be promoted to an administrative position by such school board provided that such family member has the appropriate qualifications and certifications for such position. A school board member whose immediate family member is to be promoted to an administrative position pursuant to this Item shall recuse himself from any action involving the promotion or assignment of job location of such employee, and a superintendent whose immediate family member is to be promoted to an administrative position shall disqualify himself from any action involving the promotion or assignment of job location of such employee. For purposes of this Item, the term "certifications" shall not include any temporary or provisional certification or certifications.
La. R.S. 42:1119C(2) provides that the provisions of this Section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of public employee's immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the agency for a period of at least one year prior to the member of the public employee's immediate family becoming the agency head.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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