HLS 10RS-683 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1033
BY REPRESENTATIVES HOFFMANN, AUSTIN BADON, HENRY BURNS, TIM
BURNS, CARMODY, CARTER, CHAMPAGNE, CONNICK, GISCLAIR,
HARDY, KATZ, LABRUZZO, LIGI, NOWLIN, ROBIDEAUX, SIMON, SMILEY,
WILLIAMS, AND WOOTON AND SENATORS APPEL, DONAHUE,
DUPLESSIS, MARTINY, AND QUINN
TEACHERS: Provides relative to evaluation and assessment programs for teachers and
administrators
AN ACT1
To amend and reenact R.S. 17:10.1(B), Subpart A of Part II of Chapter 39 of Title 17 of the2
Louisiana Revised Statutes of 1950, to be comprised of R.S. 17:3881 through 3886,3
and Subpart C of Part II of Chapter 39 of Title 17 of the Louisiana Revised Statutes4
of 1950, to be comprised of R.S. 17:3901 through 3905, and R.S. 44:4.1(B)(8) and5
to repeal Subpart B of Part II of Chapter 39 of Title 17 of the Louisiana Revised6
Statutes of 1950, comprised of R.S. 17:3891 through 3895, relative to professional7
employee quality development; to provide for evaluation programs for teachers and8
administrators; to provide for program purposes and definitions; to provide for local9
evaluation plans and elements required for such plans; to provide relative to the10
powers and duties of the State Board of Elementary and Secondary Education and11
local school boards; to require the state superintendent of education to make certain12
information available to the public; to delete exceptions relative to the release of13
evaluation results and documentation; to provide conditions for the issuance of14
teacher and higher level certificates; to delete requirements relative to informal15
evaluations; to provide for applicability; to provide for effectiveness; to repeal16
provisions relative to the Teacher Assistance and Assessment Program; and to17
provide for related matters.18 HLS 10RS-683 ORIGINAL
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 17:10.1(B), Subpart A of Part II of Chapter 39 of Title 17 of the2
Louisiana Revised Statutes of 1950, comprised of R.S. 17:3881 through 3886, and Subpart3
C of Part II of Chapter 39 of Title 17 of the Louisiana Revised Statutes of 1950, comprised4
of R.S. 17:3901 through 3905, are hereby amended and reenacted to read as follows: 5
§10.1. School and district accountability system; purpose; responsibilities of state6
board7
* * *8
B. The State Board of Elementary and Secondary Education, hereafter9
referred to as the "state board", shall provide for a statewide system of accountability10
for schools and school districts based on student achievement, growth in student11
achievement, and minimum standards for the approval of schools pursuant to R.S.12
17:10. The program shall include, at a minimum, clear and appropriate standards for13
schools and school districts, indicators for the assessment of schools and school14
districts, student achievement baselines, student growth targets, and appropriate15
minimum levels of student achievement for each public school and school district,16
rewards and corrective actions, specific intervals for assessment and reassessment17
of schools and school districts, a review process for evaluating growth targets, and18
technical assistance.19
* * *20
SUBPART A. GENERAL PROVISIONS21
§3881. Purpose22
A. It is the purpose of this Part to establish continuous professional23
development and periodic monitoring of performance levels as integral aspects of24
professional careers in education.25
B. (1) It is the purpose of the teacher assistance and assessment program to26
provide new teaching employees of the public school systems in this state with a27
system of leadership and support from experienced educators during the most28
formative stages of a teacher's experience in Louisiana schools.29 HLS 10RS-683 ORIGINAL
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(2) It is further the purpose of the teacher assistance and assessment program1
to provide assurance to the state, prior to the issuance of a permanent teacher2
certificate, that the new teaching employee demonstrates competency in the3
understanding and use of the basic components of effective teaching determined by4
the state to be the basis for effective professional performance.5
C. It is the purpose of the professional employee evaluation program to:6
(1) Provide assurance to the citizens of the state that the quality of7
instruction and administrative performance in each public school system, building,8
and classroom is being monitored and maintained at levels essential for effective9
schools.10
(2) Provide clear performance expectations and significant regular11
information on that such performance to each teacher and administrator all teachers12
and administrators in the public schools while protecting their dignity and right to13
fair and equitable treatment.14
(3) Provide a consistent means for teachers and administrators to obtain15
assistance in the development of essential teaching or administrative skills.16
(4) To establish Establish professional development as an integral and17
expected part of a professional career in education, including both the employee's18
commitment to participating and the employer's commitment to providing the time19
and resources necessary.20
§3882. Definitions.21
For the purposes of this Part, the following definitions shall apply:22
(1) "Administrator" means any person whose employment requires23
professional certification issued under the rules of the board or who is employed in24
a professional capacity other than a teacher.25
(2) "Assessment" means the process by which the state determines whether26
a teacher who is seeking to retain or acquire a regular teacher certificate can27
sufficiently demonstrate the components of effective teaching to qualify for the28
teaching credential being sought.29 HLS 10RS-683 ORIGINAL
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(3) "Components of effective teaching" means the elements of teaching1
performance defined by the board, upon the advice of a panel of persons representing2
in collaboration with educators and others involved in education, to be critical to3
providing effective classroom instruction. As used in the assessment and evaluation4
programs, the term includes any elements of the components being rated.5
(4) "Evaluation" means the process by which a local board monitors the6
continuing performance of its teachers and administrators. 7
(5) "Evaluation period" means the period of time during each school year8
during which the evaluation program provided in Subpart C of this Part will be9
conducted.10
(6)(a) For the purposes of the teacher assistance and assessment program,11
"teacher" means any full-time employee of a local board who is engaged to directly12
and regularly provide instruction to students in any elementary, secondary, or special13
education school setting who is not an administrator, who is so employed for the first14
time in a school in this state after August 1, 1994, and who either holds a regular15
teaching certificate which when issued was valid for three years or who is authorized16
under law or board regulation to teach temporarily while seeking a regular teaching17
certificate. For the purposes of the teacher assistance and assessment program,18
"teacher" shall not include any experienced teacher moving to Louisiana from19
another state who provides appropriate evaluation results from his immediate20
previous teaching assignment.21
(b) For the purposes of the personnel evaluation program, "teacher" means22
any person employed as a full-time employee of a local board who is engaged to23
directly and regularly provide instruction to students in any elementary, secondary,24
or special education school setting, including a librarian, an assessment teacher, a25
speech therapist, and a counselor, who is not an administrator, who has successfully26
completed the teacher assistance and assessment program, as required in Subpart B27
of this Part, or who is not required to participate in the teacher assistance and28
assessment program.29 HLS 10RS-683 ORIGINAL
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(2) "Evaluation" means the process by which a local board monitors the1
continuing performance of its teachers and administrators.2
(3) "Performance expectations " means the elements of effective leadership3
approved by the board that shall be included as evaluation criteria for all4
building-level administrators.5
(4) "Teacher" or "Administrator" means any person whose employment6
requires professional certification issued under the rules of the board.7
§3883. State Board of Elementary and Secondary Education; powers and duties8
A. The board shall:9
(1) Establish the components of effective teaching. These components10
teaching, which shall be periodically reviewed and revised as becomes appropriate11
with increased experience and knowledge.12
(2) Develop, adopt, and promulgate, in accordance with the Administrative13
Procedure Act, all rules necessary for the implementation of this Part.14
(3) Set standards for the assessment teams in the assistance and assessment15
program to use in determining whether the teacher has successfully completed the16
assistance and assessment program and met the assessment evaluation qualifications17
for retaining or acquiring regular teacher certification.18
(4) Provide for the training of all mentor teachers and assessors for the19
teacher assistance and assessment program as well as provide for the basis for20
necessary training for those doing evaluations pursuant to the school personnel21
evaluation.22
(5) Conduct Subject to the availability of funds for such purpose, conduct23
training and regular staff development in evaluation skills as needed.24
(5) Develop and adopt grievance procedure requirements for any teacher or25
administrator aggrieved by any result or action which results from the26
implementation of this Part.27
(6) Require the department to monitor the assistance and assessment28
program established pursuant to the provisions of this Part. The method to be used29 HLS 10RS-683 ORIGINAL
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in monitoring the program shall be established by the department with the approval1
of the board and shall be sufficient to determine whether a program has been2
implemented, to what extent it has been implemented, and whether such program3
complies with the provisions of this Part.4
(7)(a) Create, by rule, a system to provide a grievance procedure for any5
teacher or administrator aggrieved by any result or action which results from the6
implementation of this Part.7
(b) Such a system shall contain, at a minimum, provisions for the following:8
(i) That the teacher or administrator be provided a copy of the assessment or9
evaluation and the assessors' or evaluators' data recording forms and any10
documentation related thereto and be entitled to respond as provided in R.S. 17:3884.11
(ii) That the teacher or administrator be assured of due process, including12
representation, in all aspects of the assessment and evaluation grievance procedures,13
including that any hearing officer required to conduct a hearing on a grievance shall14
be an employee of or contracted by the office of the attorney general.15
(iii) That the agencies and their employees, whether state or local, shall16
administer the program in a fair, objective, and consistent manner, and shall comply17
with all rules and regulations adopted by the board and that the failure to do so shall18
be a grievable matter.19
B. The board may:20
(1) Make recommendations to the legislature regarding any changes needed21
to this Part.22
(2) Establish state review teams, as needed, to review the school personnel23
evaluation plans for compliance with law and regulation, for the implementation of24
all applicable laws and regulations to implement such evaluation plans and to25
provide for the exchange of information regarding them.26
(3) Continue to develop, test, and improve the process and content of27
professional assessment and evaluation with input from appropriate educator groups28
and panels. groups.29 HLS 10RS-683 ORIGINAL
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(4) Continue to expand the opportunity opportunities for the growth and1
development of professional employees.2
(5)(a) Request that the department when deemed necessary to monitor an3
evaluation program established pursuant to the provisions of this Part. programs as4
necessary. The method to be used in monitoring such programs shall be established5
by the department with the approval of the board and shall be sufficient to determine6
whether such programs have been implemented, to what the extent they to which any7
programs have been implemented, and whether such programs comply with the8
provisions of this Part.9
(b) If, in conducting such monitoring, the department determines that a10
school system has failed to implement its evaluation program of personnel evaluation11
or that a school system has otherwise failed to comply with the provisions of this12
Part, the department shall notify the local board of such failure and the school system13
shall correct such failure within sixty calendar days after receiving such notification.14
The department also shall also notify the board of such failure by the school system.15
(c) If the failures are failure is not corrected within the prescribed sixty16
calendar days, the department shall notify the board of such continued failure and17
shall recommend to the board whatever sanctions against such school system the18
department deems appropriate which may include withholding funds distributed19
pursuant to the minimum foundation program formula until the corrections are made.20
The board shall act upon such recommendation within sixty calendar days after its21
receipt. receipt of the notification.22
§3884. Assessment and evaluation Evaluation records; response; access23
A.(1) Each assessment and evaluation required in this Part shall be24
documented in writing and a copy shall be transmitted to the school employee not25
later than fifteen days after the assessment or evaluation takes place. The employee26
shall have the right to initiate a written reaction or response to the assessment or27
evaluation. Such response and assessment or evaluation shall become a permanent28
attachment to the single official personnel file for the employee.29 HLS 10RS-683 ORIGINAL
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(2) After the assessment or evaluation and any documentation related thereto1
has been transmitted to the employee, upon request of the employee, and before the2
end of the school year, a meeting shall be held between the employee and the3
appropriate official of the local governing board in order that the employee may4
respond to the assessment or evaluation and have the opportunity to amend, remove,5
or strike any information proven to be inaccurate or invalid information as may be6
found within the written documentation and from the employee's personnel file. The7
employee shall have the right to receive proof by documentation of any item8
contained in the assessment or evaluation that the employee believes to be9
inaccurate, invalid, or misrepresented. If such documentation is not presented, such10
items shall be removed from the assessment or evaluation record and shall not be the11
basis for any decision of the board regarding certification or the local board12
regarding any employee action.13
B. Copies of the assessment or evaluation results and any documentation14
related thereto of any school employee may be retained by the local board, the board,15
or the department and, if retained, are confidential, do not constitute a public record,16
and shall not be released or shown to any person except: department.17
(1) To the assessed or evaluated school employee or his designated18
representative.19
(2) To authorized school system officers and employees for all personnel20
matters, including employment application, and for any hearing, which relates to21
personnel matters, which includes the authorized representative of any school or22
school system, public or private, to which the employee has made application for23
employment.24
(3) For introduction in evidence or discovery in any court action between the25
board and a teacher in which either:26
(a) The competency of the teacher is at issue.27
(b) The assessment and evaluation was an exhibit at a hearing, the result of28
which is challenged.29 HLS 10RS-683 ORIGINAL
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C. The superintendent of education shall make available to the public such1
the data specified in R.S. 17:3902(B)(4) as may be useful for conducting statistical2
analyses and evaluations of educational personnel, but shall not reveal information3
pertaining to the assessment and evaluation report of a particular employee.4
personnel.5
D. Any local board wishing to hire a person who has been assessed or6
evaluated pursuant to this Chapter, whether that person is already employed by that7
school system or not, shall request such person's assessment and evaluation results8
as part of the application process. The board to which application is being made shall9
inform the applicant that as part of the mandated process, the applicant's assessment10
and evaluations evaluation results will be requested. The applicant shall be given the11
opportunity to apply, review the information received, and provide any response or12
information the applicant deems appropriate.13
§3885. New Teacher Assistance14
During the first three years of employment , each new teacher shall be15
provided with professional development opportunities and assistance designed to16
enhance teaching competencies in accordance with rules and regulations17
promulgated by the board.18
§3886. Teaching credentials; regular certification, permanent certification; effect of19
evaluation20
A. For teachers who are employed pursuant to law or board rules allowing21
a person to be employed to teach without a regular teacher certificate, the issuance22
of a teacher or higher level certificate shall be conditioned upon the receipt of a23
successful evaluation as provided in this Part in addition to any other requirements24
of law or board rule.25
B. Renewal of a teacher or higher level certificate shall be conditioned upon26
the receipt of a successful evaluation as provided in this Part.27
C. Persons who seek a regular teacher certificate and hold a teacher28
certificate from out of state and have out-of-state teaching experience of three years29 HLS 10RS-683 ORIGINAL
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or more shall not be credited with their years of teaching experience in the issuance1
of any teaching credential until receipt of a successful evaluation as provided in this2
Part.3
SUBPART C. SCHOOL PERSONNEL EVALUATI ON4
§3901. Applicability5
Beginning with the 1994-1995 school year, this This Subpart and the program6
provided herein shall apply to all teachers and administrators.7
§3902. Evaluation program; process8
A.(1) Not less often than once every three years, e very Every teacher and9
administrator who has been employed as such for more than three years by a local10
board shall be formally evaluated annually by the local board pursuant to this11
Subpart. 12
(2) The performance of a teacher or an administrator who has been employed13
as such for three years or less shall be formally evaluated annually.14
(3) In every school year when the performance of a teacher or administrator15
is not formally evaluated, the local board shall evaluate such employee informally.16
B. The elements of evaluation are: shall be defined by the board pursuant to17
rules and regulations promulgated for such purpose. Such rules and regulations shall18
require that, at a minimum, local evaluation plans contain the following elements:19
(1) A job description. The local board shall establish a job description for20
every category of teacher and administrator pursuant to its evaluation plan. Such job21
descriptions shall contain the elements criteria on which the teacher or administrator22
will shall be evaluated. Each teacher or administrator shall be provided with his job23
description prior to the beginning of his first employment in the school system in his24
position and each time the job description is revised. The teacher or administrator25
shall acknowledge receipt of the job description by signing a copy thereof.26
(2) A professional growth plan. A professional growth plan shall be27
developed by each teacher and administrator, collaboratively with his evaluator,28
evaluator or evaluators during the beginning of each evaluation period. Each such29 HLS 10RS-683 ORIGINAL
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plan shall include a statement of the professional development objectives of the1
teacher or administrator as well as the strategies the teacher or administrator intends2
to employ toward the realization of each objective.3
(3) Self-evaluation. Each teacher and administrator shall, throughout the4
evaluation period, conduct a personal review of his performance, assessing strengths5
and weaknesses and assessing his progress toward the realization of the objectives6
in his professional growth plan.7
(4) Observation and conferencing. The evaluator or evaluators of each8
teacher or administrator shall conduct a pre-observation conference during which the9
teacher or administrator shall provide the evaluator or evaluators with relevant10
information. A teacher shall provide information concerning the planning of the11
lesson to be observed as well as any other information the teacher considers12
pertinent. The observation shall occur at a time and place established in advance,13
shall be of sufficient duration to provide meaningful data which, in the case of a14
teacher, shall be not less than the duration of one complete lesson. In the case of a15
teacher, the observation shall be conducted using the components of effective16
teaching, as well as any additional local board criteria included in the job description.17
In the case of an administrator, the observation may consist of the collection of18
prescribed performance documentation and shall be conducted using applicable19
components of effective teaching, elements prescribed by board rule, and any20
additional local board criteria included in the job description. A post-observation21
conference shall be conducted to discuss commendation and recommendations.22
(5) Classroom visitation. The evaluator may, on his own initiative or upon23
the request of a teacher or administrator he has evaluated, periodically visit the24
teacher or administrator to monitor progress toward achievement of professional25
growth plan objectives and provide support or assistance.26
(4) Measure of effectiveness. Evidence of growth in student achievement27
shall be based on student performance on the tests required by law or board policy,28
or both, with comparisons being made for students having similar characteristics,29 HLS 10RS-683 ORIGINAL
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including but not limited to, special education and eligibility for free or reduced price1
lunch.2
C.(1) Formal evaluation shall consist of observation and conferencing in3
addition to the other elements of evaluation.4
(2) Informal evaluation shall consist of all elements except observation and5
conferencing.6
D.(1) At the conclusion of each year's evaluation, the evaluator or evaluators7
shall determine whether the teacher or administrator is satisfactory effective or8
unsatisfactory ineffective pursuant to the local board's evaluation plan. Such9
determination shall be transmitted to the local board.10
(2)(a) Any teacher or administrator who fails to meet the local board's11
standard of performance shall be placed in an intensive assistance program and shall12
be formally re-evaluated. A teacher or administrator shall be informed in writing of13
placement in an intensive assistance program and provided in writing with the14
reasons for such placement.15
(b) Each intensive assistance program shall be individually designed for the16
individual teacher or administrator involving collaboratively with the evaluator or17
evaluators and the teacher or administrator and shall include at a minimum:18
(i) Specific steps that should to be taken to improve.19
(ii) The assistance, support, and resources that are to be provided by the local20
board.21
(iii) An expected time line for achieving the objectives and the procedures22
for monitoring progress including observations and conferences. The time line shall23
not exceed two years.24
(iv) The action that will to be taken if improvement is not demonstrated.25
(v) If the intensive assistance program required pursuant to this Paragraph26
is not completed in conformity with its provisions or if the teacher or administrator27
still performs unsatisfactorily is determined to be ineffective after a formal28
evaluation conducted immediately upon completion of the program, then the local29 HLS 10RS-683 ORIGINAL
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board shall timely initiate termination proceedings pursuant to Part II of Chapter 21
of this Title within six months following such unsatisfactory performance.2
E. D. Nothing contained in this Section shall diminish the right of the local3
board to evaluate employees or to make employment decisions or of principals and4
other employees with supervisory responsibilities to observe the employees they5
supervise.6
§3903. Evaluators; selection and training7
A. Each local board shall create establish and maintain an accountability8
relationships register. register in accordance with rules adopted by the board for such9
purpose. The register shall contain clear definition of who shall be the evaluator or10
evaluators of whom within the ranks of teachers and administrators. The evaluator11
evaluators of classroom teachers shall always be defined as the school principal or12
assistant principal or equivalent level supervisor designee. his respective designees.13
B. Every employee with responsibility for evaluating a teacher or14
administrator shall receive training as provided in this Part.15
§3904. Local boards; power and duties16
A. Each local board shall:17
(1) Develop and maintain a program of local evaluation in accordance with18
rules and regulation promulgated by the board for every teacher and administrator19
employed by the local board.20
(2) Create, revise as necessary, revise, and disseminate to each professional21
employee a job description which shall be the statement of performance expectation22
expectations and the basis of any evaluation criteria conducted pursuant to this23
Subpart. For teachers, the job description shall specifically contain all applicable24
components of effective teaching and any additional elements adopted by the local25
board.26
(3) Cooperate with the board and the department in whatever manner is27
necessary to implement this Subpart, including providing for the training of28
evaluators.29 HLS 10RS-683 ORIGINAL
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(4) Assist in developing the mechanisms necessary for rapid transmission of1
evaluation information and reports to teachers and administrators and for2
maintenance of the confidentiality of such information, except for information to be3
made available to the public in accordance with R.S. 17:3884(C).4
(5) Incorporate the evaluation plan required by this Subpart into its general5
employee policies.6
(a) Establish an evaluation steering committee as provided by the board.7
(b) The steering committee shall develop a plan to monitor, review, and8
submit recommendations to the local board concerning needed changes in the school9
personnel evaluation plan of the local board.10
(6) Incorporate any the elements of the program in this Subpart into any11
performance-based contracts with its employees.12
B. Each local board may: may13
(1) Incorporate the evaluation plan required by this Subpart into its general14
employee policies.15
(2) Expand expand the scope of the program in this Subpart to provide for16
to apply to all employees of the board.17
(3) Incorporate the any elements of the program in this Subpart into any18
performance-based contracts with its employees.19
§3905. Reports to the department20
The department may request a local board to submit to the department the21
local evaluation plan and the accountability relationships registry, including such22
revisions as are made for the succeeding evaluation period and upon such request,23
the local board shall provide the requested information in a timely manner.24 HLS 10RS-683 ORIGINAL
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Section 2. R.S. 44:4.1(B)(8) is hereby amended and reenacted to read as follows:1
§4.1. Exceptions2
* * *3
B. The legislature further recognizes that there exist exceptions, exemptions,4
and limitations to the laws pertaining to public records throughout the revised5
statutes and codes of this state. Therefore, the following exceptions, exemptions, and6
limitations are hereby continued in effect by incorporation into this Chapter by7
citation:8
* * *9
(8) R.S. 17:7.2, 46, 47, 81.9, 334, 391.4, 500.2, 1175, 1202, 1237, 1252,10
1952, 1989.7, 2047, 2048.31, 3099, 3136, 3390, 3773, 388411
* * *12
Section 3. Subpart B of Part II of Chapter 39 of Title 17 of the Louisiana Revised13
Statutes of 1950, comprised of R.S. 17:3891 through 3895, is hereby repealed in its entirety.14
Section 4. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hoffmann HB No. 1033
Abstract: Provides relative to evaluation and assessment programs for teachers and
administrators.
Present law provides for evaluation and assessment programs for teachers and administrators
as follows:
Evaluation (local level). Requires that every teacher and administrator who has been
employed as such for more than three years shall be formally evaluated by the local board
at least once every three years. Requires that the performance of a teacher or an
administrator who has been employed as such for three years or less shall be formally
evaluated annually and in every year when the performance of a teacher or administrator is HLS 10RS-683 ORIGINAL
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not formally evaluated, the local board shall evaluate such employee informally. Requires
the evaluator to determine whether the teacher or administrator is satisfactory or
unsatisfactory. Provides that any teacher or administrator who fails to meet the local board's
standard of performance shall be placed in an intensive assistance program and shall be
formally re-evaluated. Provides for written notification to a teacher or administrator of
placement in an intensive assistance program and the reasons for such placement. Requires
local boards to initiate termination proceedings for teachers and administrators under certain
circumstances within a specified period of time. Specifies the elements to be included in
formal and informal evaluations, including but not limited to self-evaluation, classroom
visitation, and measure of effectiveness.
Assessment (state level). Requires successful completion of the Teacher Assistance and
Assessment Program for all teachers to retain or acquire a regular teaching certificate.
Exempts any teacher with teaching experience in another state who enters service in La.
public schools for the first time and provides appropriate evaluation results from his
immediate previous teaching assignment. Requires teachers to be provided with professional
development opportunities and assistance. Requires mentor teachers to be assigned to all
teachers and provides for assessment teams to conduct the assessments. Provides that upon
successful completion of the program, a teacher shall enter the school personnel evaluation
program conducted by his local board pursuant to present law (above). Provides for powers
and duties of local school boards relative to the program. Requires unsuccessful teachers to
repeat the program. Provides that if a teacher does not successfully complete the program
by the end of his second year, he shall lose his teacher certificate or other authority to teach
and may not be granted any authority to teach until two years after his second year of
teaching. Further provides that if granted a subsequent certificate or other authority, the
teacher shall be considered to be teaching in the public schools for the first time as it relates
to participation in and certification requirements of the program. Provides that a second
failure to complete the program shall result in the permanent loss of all authority to teach in
the public schools.
Further provides that for teachers who are employed without a regular teacher certificate,
the issuance of such a certificate as well as that of a permanent certificate shall be
conditioned upon the successful completion of the assessment program. Prohibits any
person who seeks a regular teacher certificate, holds a teacher certificate from another
state, and has out-of-state teaching experience of three years or more from being credited
with his years of teaching experience in the issuance of any teaching credential until
successful completion of the program or approval of previous successful teaching
experience in lieu of such participation.
Proposed law, relative to evaluations, instead requires annual formal evaluations by local
boards for all teachers and administrators regardless of years of employment in such
positions. Provides that during the first three years of employment, each new teacher shall
be provided with professional development opportunities and assistance designed to
enhance teaching competencies in accordance with State Board of Elementary and
Secondary Education (BESE) rules and regulations.
Requires receipt of a successful evaluation as provided in proposed law as follows:
(1)For teachers who are employed to teach without a regular teacher certificate, in
order to be issued a teacher or higher level certificate.
(2)For renewal of a teacher or higher level certificate.
(3)For persons who seek a regular teacher certificate, hold a teacher certificate from
out of state, and have out-of-state teaching experience of three years or more, in
order to be credited with their years of teaching experience in the issuance of any
teaching credential. HLS 10RS-683 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Provides that the elements of evaluation shall be defined by BESE by rule and that such
rules shall require local evaluation plans to contain specified minimum elements. Retains
present law elements except deletes the self-evaluation and classroom visitation elements
and changes the measure of effectiveness element to be evidence of growth in student
achievement on specified tests which shall comprise not less than 50% of the total
evaluation but shall take into account important student characteristics like special
education and eligibility for free or reduced price lunch.
Requires evaluators to determine whether the teacher or administrator is effective or
ineffective instead of satisfactory or unsatisfactory.
Proposed law, relative to assessments, repeals present law Teacher Assistance and
Assessment Program and all present law references thereto.
Present law relative to both the evaluation and assessment programs, provides for purposes
and definitions (including "teacher") and for the powers and duties of BESE and access
to assessment and evaluation records as follows:
BESE. Includes but is not limited to requirements for providing training for mentor
teachers and assessors, conducting training and staff development in evaluation skills, and
providing a grievance procedure system with specified minimum components.
Access to records. Requires certain documentation of assessment and evaluation results.
Requires transmission of such documentation to the school employee and requires that
they become part of the employee's personnel file. Provides for employee response to the
results and for the removal of certain documentation from the record. Provides that such
results and any documentation related thereto may be retained by the local board, BESE,
or the state Dept. of Education and, if retained, shall be confidential, shall not constitute
a public record, and shall not be released or shown to any person with specified
exceptions. Further requires the state superintendent of education to make certain
information available to the public but prohibits him from revealing any employee's
assessment and evaluation report information.
Proposed law deletes present law definition of "teacher" and instead includes "teacher" in
definition of "administrator". Retains present law definition of "components of effective
teaching", deletes definitions of "assessment" and "evaluation period", and adds a
definition for "performance expectations".
Proposed law retains present law BESE powers and duties except deletes the requirement
that BESE provide training for mentor teachers and assessors, specifies that the
requirement to conduct training and staff development shall be subject to the availability
of funds, and deletes the minimum components specified for a grievance procedure.
Proposed law retains present law provisions relative to access to records except deletes
provisions that specify that retained documents shall be confidential, shall not constitute
a public record, and shall not be released or shown to any person with certain exceptions.
Also deletes prohibition on the state superintendent revealing any employee's assessment
and evaluation report information.
Present law relative to evaluation programs, provides for the powers and duties of local
school boards including creating job descriptions for professional employees which for
teachers shall contain certain specified components, assisting in developing mechanisms
for transmitting evaluation information and for maintaining the confidentiality of such
information, and establishing evaluation steering committees.
Proposed law retains present law local board powers and duties except deletes the
requirements for adding the specified components to teachers' job descriptions and
establishing steering committees and excludes information relative to measures of HLS 10RS-683 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
effectiveness made available to the public in accordance with proposed law from the
requirement relative to developing mechanisms for transmitting and maintaining the
confidentiality of the evaluation information.
Present law requires BESE to provide for a statewide system of accountability for schools
and school districts based on student achievement and minimum standards for the approval
of schools. Proposed law retains present law and adds that such system also shall be based
on growth in student achievement.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:10.1(B), R.S. 17:3881-3886, and R.S. 17:3901-3905 and R.S.
44:4.1(B)(8); Repeals R.S. 17:3891-3895)