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Last modified
7/12/2021 11:05:43 AM
Creation date
12/18/2017 11:25:11 AM
Metadata
2017-1135
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-1135
Requesting Party
David Ferris
Decision Date
12/15/2017
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit teachers at Benjamin Franklin High School from tutoring, for compensation, students who attend Benjamin Franklin High School, provided that the students are not being taught by the teacher providing the tutoring.
Ethics Subject Matters
Prohibited Sources
Outside Employment
Payment from Third Parties
Gifts
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� � � STATE OF LOUISIANA <br /> o''pF oso,�, DEPARTMENT OF STATE CIVIL SERVICE <br /> tr'?niii, \O° LOUISIANA BOARD OF ETHICS <br /> } i'r` I P.O.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> cO" ''• (225)219-5600 <br /> "jO�, FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.Ia.gov <br /> December 18, 2017 <br /> Mr. David Ferris <br /> Academic Assistant Principal <br /> Benjamin Franklin High School <br /> 2001 Leon C. Simon Drive <br /> New Orleans,LA 70122-3524 <br /> Re: Ethics Board Docket No.2017-1135 <br /> Dear Mr. Ferris: <br /> The Louisiana Board of Ethics, at its December 15, 2017 Board meeting, considered your request <br /> for an advisory opinion relative to whether teachers at your high school can tutor a student who <br /> attends the school but is not currently a student of that teacher. You stated that as Academic <br /> Assistant Principal you have been approached by several teachers who are interested in tutoring for <br /> compensation certain students who attend Benjamin Franklin High School. You stated that the <br /> teachers would tutor students who are not currently students of that teacher. <br /> The Board concluded and instructed me to inform you that the Code of Governmental Ethics would <br /> not prohibit teachers at Benjamin Frankly High School from tutoring for compensation students who <br /> attend Benjamin Franklin High School,provided that the students are not being taught by the teacher <br /> providing the tutoring. La.R.S.42:1111 C(1)(a)prohibits a public servant from receiving any thing <br /> of economic value for any service, the subject matter of which is devoted substantially to the <br /> responsibilities,programs,or operations of the agency of the public servant and in which the public <br /> servant has participated. Further,La.R.S.42:1111 C(2)(d)prohibits a teacher from performing any <br /> services for a person from whom the teacher would be prohibited from accepting a gift. Under <br /> Section 1115B(2)of the Code,teachers are prohibited from accepting gifts from their students since <br /> their students have interests which may be substantially affected by the performance or <br /> nonperformance of the teacher's official duties. Thus, a teacher cannot perform any services for <br /> compensation for his or her students. However,in the case of students not in the teacher's class,a <br /> teacher is not involved in the teaching of these students,nor do students outside of the teacher's class <br /> appear to generally have interests which may be substantially affected by the performance or <br /> nonperformance of that teacher's official duties. Thus,a teacher may tutor,for a fee, students from <br /> their school who are not in any of their classes. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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