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Assault & Battery

of a Teacher or School Employee

Louisiana Revised Statues 14:34.3, 14:38.2, 17:416A

According to state law —

“Assault on a school employee means an attempt to commit a battery, or intentionally placing the school employee in reasonable apprehension of receiving a battery, or making statements threatening physical harm to a school employee.”

The criminal definition of a battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another. The civil definition of a battery is physical contact

with out the victim’s consent.

Louisiana Revised Statue 17:416 says that the student formally accused of committing a battery or an assault on any school employees:

Ú Must be suspended immediately and removed from the school premises without benefit of the usual initial suspension procedures.

Ú Cannot be considered for readmission to that school until all hearings and appeals associated with the alleged violations have been exhausted.

Ú After the student is found guilty, the student cannot return to the same school where the employee is located unless it is the only place where he/she can receive services.

What must support personnel do in these circumstances?

1. You must write a referral, which is the formal complaint. You may also press criminal charges, but this is not required.

2. You must turn in an accident report if you were the victim of a battery, or if you suffered emotional trauma if you were the victim of an assault. Be sure to clearly state the nature of the student’s act (such as — “The student punched me (battery),” or “The student committed an assault by making statements threatening me with physical harm (assault).”

3. You should absolutely contact the Federation — 424-4579.

What if you suffer physical or emotional injuries because of the assault or battery?

1. You must receive sick leave without reduction in pay or sick leave days. You must present a certificate from a physician certifying that you are disabled because of the assault or battery.

2. You have the right to press criminal charges against the person who committed the battery or the assault, but you are not required to do so.

3. You have the right to file a civil suit for money damages against the person who committed the assault or battery, (or against the parent / guardian, if the person is a minor). But you are not required to do so.

What if the student is a special education student?

If the student is a special education student, there are state and federal laws and regulations that must be followed. Don’t be discouraged by this, just recognize that it becomes an IEP issue as well as a discipline matter. You still have the right to press criminal charges (unless the child has a disability that prevents him / her from understanding his/ her actions (such as some forms of autism). Call the Federation for help 424-4579.

What if the student is under ten years old?

You may still proceed with suspension and removal from class, but criminal authorities may decide only to prepare a report and not arrest the child.

Need Assistance

Call the Federation

424-4579

Who can be tenured?

A permanent teacher after three years plus one day of uninterrupted service.

Practitioners (PL’s) can begin the three year process once the Assistance Assessment is completed.

*Note — moving from one school district to another is an interruption of service.

Permanent bus drivers after 3 years.

Who cannot be tenured?

A teacher teaching on any kind of temporary certificate.

A teacher teaching in a federally funded position.

*Note — if you have already gained tenure and then move to a federally funded position, you will not lose your tenure.

What does tenure mean?

It defines your due process rights as prescribed in state law.

Quoting from La. Revised Statute 17:443 —

“A permanent teacher shall not be removed from office except upon written and signed charges of willful neglect of duty, or incompetence or dishonesty, or being a member of or contributing to any group, organization, movement, or corporation that is by law or injunction prohibited from operating in the state of Louisiana and then only if found guilty after a hearing by the school board of the parish.”

 è In short, only the school board (not administration) can remove a tenured teacher from office and then only after tenure charges have been filed, a tenure hearing has been held, and the teacher has been found guilty.

è The courts have long recognized that a suspension without pay constitutes “a removal from office.”  A tenured teacher must be paid until found guilty.

Can a tenured teacher be fired?

Yes, tenure does not exist to protect “bad teachers.”  It is the due process provided in law that protects ALL teachers from an atmosphere where politics and favoritism rule the day.

Is tenure important?

Teacher tenure exists for very good reasons.  Without it, teachers have little protection from favoritism on the part of administrators.  Tenure is also a firewall that protects academic freedom, the ability to teach without fear of reprisal.  It is a vital protection and a key professional right. The Federation will vigorously fight any efforts to water down the state’s tenure law. 

Forces Gathering in Baton Rouge to Change or Abolish Tenure

 A study done by the Washington, D.C. based National Council on Teacher Quality claims that Louisiana could attract and keep good teachers if we would just take away their tenure, give them merit pay, and privatize their retirement system.

 It appears that Governor Jindal and Superintendent Paul Pastorek are trying to use the back door of the legislative process by proposing legislation that will allow school boards to opt out of certain state laws, tenure being one of them.

 What we have seen thus far 2010 of the Jindal/Pastorek agenda is not encouraging.  Voucher schemes, charter schools, state takeovers—all share one crucial point with the tenure study:  There is no evidence that any of them will improve education or build a better future for our children.