La. Admin. Code tit. 28 § CXXXIX-2901

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

Section CXXXIX-2901 - Employment of Staff at BESE-Authorized Charter Schools

A. Each charter operator may employ faculty and staff members as it deems necessary. Each member of the instructional staff of each charter school shall have at least a baccalaureate degree. For the purposes of this section, "instructional staff" refers to any individual teaching a course in a charter school for which he or she would otherwise be required to be certified under Bulletin 746, except for those individuals who would otherwise be eligible for ancillary certification as defined in Bulletin 746.

B. All potential charter school employees shall be notified of the specific benefits they will be offered, as specified in the charter operator's charter.

C. The charter operator shall have exclusive authority over all employment decisions at the charter school, unless delegated to a for-profit management organization, as authorized in law and which must be specifically provided for in a service provider agreement. Employment practices shall be in accordance with all applicable law, including, but not limited to, the Louisiana Code of Governmental Ethics.

D. The provisions of any collective bargaining agreement entered into by the local school board in whose jurisdiction the charter school is located shall apply to a Type 2 or Type 4 charter operator unless its approved charter provides otherwise. A charter operator may select to not be subject to such a collective bargaining agreement in its charter.

E. A Type 5 charter operator may bargain and enter into a collectively bargained contract on behalf of all or any group of its employees.

F. The employees in Type 4 charter schools are in all respects employees of the local school board entering into the charter.

G. The charter operator shall not employ members of the immediate family of a charter board member or the chief executive officer or leader of the non-profit organizations school, or schools, in the case of a non-profit organization that operates more than one charter school, unless:

1. the family member was employed for one year prior to their family member becoming a charter board member or chief executive officer or leader of the charter schools non-profit organization; or

2. the family member is employed as a school teacher and certified to teach or is temporarily authorized to teach while pursuing certification and annual disclosure of such employee is made as provided for in the Louisiana Code of Governmental Ethics.

La. Admin. Code tit. 28, § CXXXIX-2901

Promulgated by the Board of Elementary and Secondary Education in LR 34:1375 (July 2008), amended LR 38:3120 (December 2012), Amended LR 44245 (2/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10)R.S. 17:3973, R.S. 17:3981, and R.S. 17:3997.