La. Admin. Code tit. 28 § CXXXI-1909

Current through Register Vol. 50, No. 11, November 20, 2024

Section CXXXI-1909 - Criminal History Reporting

A. An existing Louisiana educator credential, even if expired, or an application for an initial educator credential shall be subject to sanction due to information contained in state and federal criminal history reporting information or other verifying documentation submitted. Criminal conviction or plea of nolo contendere, even if adjudication is withheld, will be considered for the purpose of credentials issued by the LDE and may be used to determine eligibility to hold such.

B. Court dispositions that are set aside pursuant to Articles 893 or 894 of the Louisiana Code of Criminal Procedure, expunged, or first offenders pardon, will be treated as convictions for the purpose of sanction.

C. Offenses committed in a jurisdiction other than Louisiana which, in the judgement of the bureau charged with responsibility for responding to the request, would constitute a crime under the provisions cited this Section and provisions listed under the federal criminal code having analogous elements of criminal and moral turpitude, will be considered for purposes of educator credentials. Federal criminal code provisions are located in title 18 of the U.S.C.A., Crimes and Criminal Procedure.

D. Sanction regarding a credential issued by the LDOE shall apply for the following:

1. any felony conviction; and

2. any misdemeanor or felony conviction for an offense listed in R.S. 15:587.1.

E. Misdemeanor and felony criminal convictions, or plea of nolo contendere, for an offense listed in R.S. 15:587.1 shall be referenced as prohibited convictions for which denial, suspension, and/or revocation is mandated and issuance or reinstatement shall never be considered.

F. With the exception of convictions listed in R.S. 15:587.1, records review eligibility may be considered under the following conditions:

1. five years have passed from the date of entry of the final disposition or conviction;

2a Louisiana and FBI criminal history background check from the Louisiana State Police is clean and clear and indicates no additional convictions, warrants, or pending charges; and

3 conditions and requirements of sentencing, including but not limited to probation or parole, have been successfully completed.

La. Admin. Code tit. 28, § CXXXI-1909

Promulgated by the Board of Elementary and Secondary Education, LR 481752 (7/1/2022), Amended LR 49, 8/23/2023, exp. 2/19/2024(Emergency), Amended LR 5031 (1/1/2024), Amended LR 501449 (10/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:587.1, R.S. 17:6, R.S. 17:15, R.S. 17:7(6), R.S. 17:8.7, R.S. 17:8.9, and R.S. 17:3902.