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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 />