| A Request for Reconsideration of a prior Advisory Opinion submitted by Dr. Shannon LaFargue, Superintendent of the Calcasieu Parish School Board ("CPSB"), concerning various scenarios of employees providing compensated services to students. |
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Dr. Lafargue requested a reconsideration of the prior advisory opinion issued to the Calcasieu Parish School Board in light of prior opinions issued by the Board. In particular, he asks whether teachers may, for a fee, tutor students who attend their schools but are not in any of their classes.
ORIGINAL REQUEST:
Several employees of the Calcasieu Parish School Board ("CPSB") employees have communicated an interest in using CPSB owned facilities during non-school hours for the purposes of "for profit" activities, such as coaching clinics and tutoring session, which might involve students at their schools, among other students. If permitted, the employees would pay the CPSB's required fees for facility use.
The CPSB has asked the following questions:
A. A coach or an entity in which the coach and/or his/her immediate family members have a monetary interest, wishes to lease/rent CPSB facilities for the purpose of engaging in for profit activities, such as a summer athletic camp. This lease/rental would be pursuant to CPSB requirements also applicable to those who are not CPSB employees. May a coach/entity:
1. Lease/rent facilities at the school at which the coach is employed; or,
2. Lease/rent facilities at schools other than that at which the coach is employed?
B. May a high school coach employed by the CPSB, or an entity in which his/her immediately family members have a monetary interest, conduct athletic training events for:
1. High school students who attend the coach's school;
2. High school students who attend the coach's school and who have been or may in the future be taught/coached by the coach;
3. K-8 grade student who were not taught/coached by the coach, but who may transition to a high school at which the coach teaches/coaches; or,
4. Students who do not and will not attend the coach's school?
CPSB teachers sometimes provide after school tutoring to CPSB students. The use of school rooms for tutoring can benefit students and parents, as students, such as those with special needs, can remain in familiar settings for after school session.
C. A teacher or an entity in which the teacher or his/her immediate family members have a monetary interest wishes to lease/rent School Board facilities for the purpose of engaging in for-profit activities such as after school tutoring. This lease/rental would be pursuant to Calcasieu Parish School Board requirements also applicable to those who are not Calcasieu Parish School Board employees. May the teacher entity:
1. Lease/rent facilities at the school at which the teacher is employed; or,
2. Lease/rent facilities at schools other than that at which the teacher is employed?
D. May a teacher employed by the CPSB, or an entity in which his/her immediate family members have a monetary interest, provide tutoring services for:
1. Students who attend a teacher's school;
2. Students who attend the teacher's school and who are, have been, or may in the future be taught by the teacher; or,
3. Students who do not and will not attend the teacher's school.
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La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity in which the public servant serves. In CN 1980-027, the Board established the following general principle regarding the "agency" of public school employees: the "agency" of a classroom teacher will be the school to which he is assigned.
La. R.S. 42:1111(C)(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. 42:1113(A)(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(14): This Part shall not preclude:
Persons employed by public school systems to provide special education and related services pursuant to R.S. 17:1941 et seq. to a student with an exceptionality as defined in R.S. 17:1942 from performing, on a private fee basis and outside of school hours, those same special education and related services for their own students or any other persons eligible to receive such services from their school system during school hours, provided that the child's parents or guardian are advised, in writing, of the procedures through which their child may be evaluated for eligibility to receive such services for free through the school system. With respect to any child already receiving such services for free through the school system, the notice shall explain the procedures through which the child's eligibility to receive additional services for free from the school system may be reviewed.
See attached Summary of Prior Tutoring Opinions.
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Adopt the Advisory Opinion Reconsideration Draft.
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| Assigned Attorney: |
David Bordelon |
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