LAC 28:CXV.520. School Employee Bill of Rights

A. Respecting the authority of school employees is essential to creating a safe environment conducive to learning, effective instruction in the classroom, and proper administration of city, parish, and other local public schools. To maintain and protect that authority, it is important that school employees, administrators, parents, and students are fully informed of the various rights conferred upon school employees pursuant to this policy, which are: 1. A school employee has the right to work in a safe, secure, and orderly environment that is conducive to learning and free from recognized dangers or hazards that are causing or likely to cause serious injury. 2. A school employee has the right to work free from the fear of frivolous lawsuits, including the right to qualified immunity and to a legal defense, and to indemnification by the employing school board for actions taken in the performance of duties of the school employee’s employment. 3. A school employee has the right to hold students accountable for disorderly conduct in accordance with state law and a city, parish or other local public school board regulation. 4. A school employee has the right to have his or her professional judgment and discretion respected by school and district administrators in any disciplinary action taken by the school employee in accordance with state law and with school and district policy. 5. A school employee has the right to be involved in decisions regarding student behavior management. 6. A school employee has the right to have additional compensation in accordance with state law and any compensation provided by any city, parish, or other local public school board regulation. 7. A school employee shall not have his or her wages reduced for any school year below the amount paid to the school employee in hourly wage or annual salary during the previous school year, nor shall the amount of the hourly wage or annual salary paid to any school employee be reduced at any time during the academic year. 8. A school employee serving as a substitute teacher shall have the right to additional compensation. 9. A school employee has the right to be treated with civility and respect. 10. A school employee shall have the right to perform noncomplex medical procedures only if all requirements have been met and documented in accordance with LAC 28: CLVII. 11. A school employee shall have the right to administer medication only if all requirements have been met and documented in accordance with LAC 28: CLVII. 12. A school employee required by law or regulation to be trained for a specific job requirement shall be required to perform those specific duties only if they have receive the mandated training and the training has been documented as required by law or regulation. 13. A school employee shall have the right to professional development and career advancement and should be supported in advancing their careers. 14. A school employee shall have the right to complete only paperwork that is not excessively burdensome and that, if required by law or regulation, adheres to the law or regulation and does not result in overly cumbersome interpretations of that law or regulation. B. No LEA shall establish policies that prevent school employees from exercising the rights as provided in this Section. No principal or administrator shall retaliate or take adverse employment action against a school employee for exercising the rights provided in this Section. The provisions of this Section do not authorize the school employee to violate the provisions of any discipline policy adopted by the public school governing authority. C. The provisions of this Section shall not be construed to supersede any other state law, BESE policy, or LEA policy enacted or adopted relative to the discipline of students. D. Each LEA shall provide a copy of this policy to all school employees at the beginning of each school year, shall post a copy of the rights provided in this policy in a prominent place in every school and administrative building it operates, and shall provide a copy to parents or legal guardians of all children attending such schools in a form and manner approved by the school board. Each LEA and every school under its jurisdiction that maintains an internet website shall post on such website a copy of the School Employee Bill of Rights.