Judges: CHARLES C. FOTI, JR., Attorney General
Filed Date: 11/9/2006
Status: Precedential
Modified Date: 7/5/2016
Dear Representative Romero:
You requested an opinion of this office on the laws currently in effect that would subject teachers to the same penalty as students for the same violations. To provide further context to this issue, you have attached a complaint from a parent who alleges that certain school staff and teachers have disciplined her child without adequate basis. The parent further requests that you initiate legislation or other measures to impose consequences for unfair or groundless disciplining of students by school employees and officials, such as: rules and regulations applicable to school employees and officials that are identical to or stricter than those governing student conduct; suspensions without pay for two (2) days longer than that provided for students for the same conduct;1 mandatory apologies to parents and students for wrongdoing; immediate suspension and/or termination for falsification of records or false accusations against students; and accountability rules for supervisors and school board members for failure to enforce rules against employees and officials.
Given the fundamental difference between the role of teachers, and other school personnel on the one hand and students on the other, there are no penalty provisions currently in effect that apply to both teachers and students or would subject both classes to identical penalties. Louisiana law, not unlike laws of other states, starts with the presumption that teachers possess the authority to discipline students, and that such authority is not reciprocal. La. R.S.
However, the absence of identical penalties for students and school personnel does not mean that teacher misconduct is without consequences. There are various statutes, discussed below, that impose penalties on teachers and other personnel or administrators for unreasonable conduct (including unfair or unwarranted disciplining of students).
La. R.S.
Proper dismissal of a tenured teacher for willful neglect of duty requires that the teacher had some knowledge that his action was contrary to school policy. In order to be classified as willful neglect, the action by the teacher must be a deliberate action on the part of the teacher to avoid or fail to perform a duty of his position. SeeColeman v. Orleans Parish School Board, 93-0916, 94-0737 (La.App. 4 Cir. 2/4/97),
In conclusion, there are no laws currently in effect that apply to both students and teachers or would subject both classes to identical penalties. However, as explained above, the Louisiana Legislature has provided for penalties for improper conduct on the part of teachers and other school personnel as well as procedures relating to such penalties. Courts have interpreted such improper conduct to include unfair, unreasonable and/or unwarranted punishment of students.
We hope this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.
Sincerely,
CHARLES C. FOTI, JR. ATTORNEY GENERAL
Uma M. Subramanian Assistant Attorney General