| Advisory opinion request regarding whether the Code of Governmental Ethics prohibits an employee with the Department of Education from operating a business that provides pedagogical teacher coaching and instruction services. |
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Brittany Tillman is employed by the Louisiana Department of Education ("LDOE") Office of Teaching and Learning as an ELA Education Consultant 3. As an ELA Education Consultant 3 with LDOE, Ms. Tillman's official duties entail the following: developing instructional materials to support ELA education and providing professional learning, coaching, and other implementation support for said materials to teachers, schools, and other K-12 systems; designing and delivering professional learning sessions for classroom teachers; performing field observations in schools across the state regarding implementation of student content standards and high-quality curriculum; supporting the Teacher Leader Advisor program; communicating with vendors; and supporting ELA education for diverse learners, including students with disabilities.
In practice, however, Ms. Tillman's duties include delivering training presentations on ELA Guidebooks curriculum, training new teachers on the Guidebooks curriculum, reviewing professional learning vendors, reviewing curricula, creating classroom walkthrough tools and tutoring lessons, and traveling the state to train and support school districts. Ms. Tillman has never performed any work with regard to the Teacher Leader Advisor Program.
She is also the founder and owner of MetaCoach Crafted ("MCC"), a private company that provides teacher professional development through an AI-supported coaching platform. Ms. Tillman's company, MCC, provides services which are pedagogical in nature rather than subject-specific, namely: AI-supported pedagogical coaching and rehearsal for pre-service teachers in college and university education preparation programs and for practicing teachers both inside and outside Louisiana; shared templated and tools, such as MTSS frameworks, climate and culture resources, standardized operating procedures, and coaching guidance documents; webinar-based professional learning support; and wraparound support services for schools.
All work for MCC would be performed entirely outside of Ms. Tillman's work hours and without the use of LDOE resources, equipment, or information. She asks whether the Code prohibits or restricts her ownership and/or operation of MCC.
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La. R.S. 42:1111C(1)
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)
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 or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1102(15) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Kelsey Simmons |
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