Did an LSU health-sciences education facilitator qualify for Louisiana's dual-officeholding teaching exception?

Plain-English summary

A state representative asked whether a Facilitator of Research-Based Educational Practices at LSU Health Sciences Center New Orleans fell within the professional-education exception to Louisiana's Dual Officeholding Law. In this September 2013 opinion, the AG concluded that the submitted job qualified under La. R.S. 42:66(B).

The role required a teaching certificate and involved classroom work with teachers and students with disabilities, school consultations, training, and workshops. The AG limited its answer to that job description and the dual-officeholding provision. It expressly left Louisiana Governmental Ethics Code questions to the State Board of Ethics.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Employees in educational roles

The AG treated the submitted facilitator position as employment in a professional educational capacity because its described work concerned the educational process. Its conclusion depended on the specific duties supplied, including classroom assistance and training for schools, districts, and parents.

Officials considering simultaneous public roles

The opinion addressed only the exception in La. R.S. 42:66(B). It did not decide whether the contemplated arrangement satisfied the Governmental Ethics Code.

Common questions

Did the LSU facilitator qualify for the professional-education exception?

Yes, based on the duties in the request. The AG concluded that this position involved professional educational work for purposes of La. R.S. 42:66(B).

Was a teaching certificate the only reason it qualified?

No. The opinion also relied on the described classroom evaluations, technical assistance, consultations, group training, and educational workshops.

Did the opinion clear the position under ethics law?

No. The AG limited the opinion to the dual-officeholding exception and said Ethics Code questions belonged to the State Board of Ethics.

Background and statutory framework

La. R.S. 42:66(B) excepted teachers and people employed in a professional educational capacity from specified dual-officeholding prohibitions. The AG compared that provision and earlier opinions with the submitted facilitator job description at LSU Health Sciences Center New Orleans.

Citations

• La. R.S. 42:66(B): professional-education exception considered by the AG.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0144

Original opinion text

~tate of Ifiouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
JAMES D. "BUDDY" CALDWELL
70804-9005
ATIORNEY GENERAL

SEP 3 0 2013
OPINION 13-0144

78 DUAL OFFICEHOLDING

Honorable Katrina R. Jackson
La. R.S. 42:61, et seq.
State Representative-District 16 The Facilitator of Research-Based Educational Practices at LSU HSC New Orleans is employed in a professional educational capacity for the
1051 Kansas Lane
purpose of La. R.S. 42:66(B).
Monroe, Louisiana 71203

Dear Representative Jackson:

You have requested an Attorney General Opinion as to whether the Facilitator of Research-Based Educational Practices at Louisiana State University Health Science Center New Orleans ("LSU HSC New Orleans") would be considered a person employed in a professional educational capacity for the purpose of La. R.S. 42:66(B).

Louisiana Revised Statute 42:66 sets out exceptions to the Dual Officeholding Law prohibitions. It provides, in pertinent part:

Nothing in this Part [the Dual Officeholding Law] shall be construed to prevent a school teacher or person employed in a professional educational capacity in a grade school, high school, other educational institution, parish or city school board from holding at the same time an elective or appointive position.

La. R.S. 42:66(B) (emphasis added).

Our office has previously opined as to whether a person is employed in a professional educational capacity. La. Atty. Gen. Op. Nos. 10-0149, 96-49, 94-367, 94-371 and 93­
33. This professional educational capacity exception exempts individuals whose employment concerns the educational process. La. Atty. Gen. Op. No. 94-278.

According to the information you provided, the Facilitator of Research-Based Educational Practices is required to have a teaching certificate and participates in the Louisiana Teachers Retirement System. Further, the materials you provided indicate that this position is under the supervision of the Program Director of the Autism and Related Disabilities Project of the Human Development Center. Based on the job

Page 2

OPINION 13-0144
Honorable Katrina R. Jackson
Page No.2

description you submitted with your opinion request, the specific duties of this position include the following: working in classrooms with teachers to evaluate disabled students needs; providing technical assistance and consultations in schools on a regular basis; conducting group training for schools, districts and parents; and planning, coordinating and conducting education workshops.

Based on the information you provided, the Facilitator of Research-Based Educational
. Practices position would be considered a person employed .in a professional educational capacity.

This opinion is limited to an examination of La. R.S. 42:66(B) and the material you provided. Please note that it does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. R.S. 42:1111, et seq. Advisory rulings addressing questions under the Ethics Code are within the jurisdiction of the Louisiana State Board of Ethics. The Board may be contacted at the following
. address: P.O. Box 4368, Baton Rouge, LA 70821, phone: 225-219-5600.

We hope that this opinion has adequately addressed the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

B~JJ essica MP Thornhill
Assistant Attorney General
JDC: JMPT