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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) and (C), Subpart A of Part II of Chapter 39 of Title2
17 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 17:38813
through 3886, Subpart C of Part II of Chapter 39 of Title 17 of the Louisiana Revised4
Statutes of 1950, to be comprised of R.S. 17:3901 through 3905, R.S. 17:3997(D),5
to enact R.S. 17:10.1(D), and to repeal Subpart B of Part II of Chapter 39 of Title 176
of the Louisiana Revised Statutes of 1950, comprised of R.S. 17:3891 through 3895,7
relative to professional employee quality development; to provide for evaluation8
programs for teachers and administrators; to provide for program purposes and9
definitions; to provide for local evaluation plans and elements required for such10
plans; to provide relative to the powers and duties of the State Board of Elementary11
and Secondary Education and local school boards; to require the state superintendent12
of education to make certain information available to the public; to provide13
conditions for the issuance of teacher and higher level certificates; to delete14
requirements relative to informal evaluations; to provide for applicability; to provide15
for effectiveness; to repeal provisions relative to the Teacher Assistance and16
Assessment Program; and to provide for related matters.17
Be it enacted by the Legislature of Louisiana:18 HLS 10RS-683 ENGROSSED
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Section 1. R.S. 17:10.1(B)and (C), Subpart A of Part II of Chapter 39 of Title 17 of1
the Louisiana Revised Statutes of 1950, comprised of R.S. 17:3881 through 3886, Subpart2
C of Part II of Chapter 39 of Title 17 of the Louisiana Revised Statutes of 1950, comprised3
of R.S. 17:3901 through 3905, and R.S. 17:3997(D), are hereby amended and reenacted and4
R.S. 17:10.1(D) is hereby enacted 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 and minimum11
standards for the approval of schools pursuant to R.S. 17:10. Beginning with the12
2011-2012 school year, such system shall be based, in part, on growth in student13
achievement using a value-added assessment model as determined by the state board.14
The program shall include, at a minimum, clear and appropriate standards for schools15
and school districts, indicators for the assessment of schools and school districts,16
student achievement baselines, student growth targets, and appropriate minimum17
levels of student achievement for each public school and school district, rewards and18
corrective actions, specific intervals for assessment and reassessment of schools and19
school districts, a review process for evaluating growth targets, and technical20
assistance.21
C. The state board shall develop and adopt a policy to invalidate student22
achievement growth data using a value-added assessment model for any school year23
in which there is a natural disaster or any other unexpected event that results in the24
temporary closure of schools.25
D.(1) The State Board of Elementary and Secondary Education state board26
shall, by rule, define "financially at risk" as a status of any city, parish, or other local27
public school board the unresolved finding of which subjects the school system and28 HLS 10RS-683 ENGROSSED
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its board to the provisions of Chapter 9B of Title 39 of the Louisiana Revised1
Statutes of 1950 regarding the judicial appointment of a fiscal administrator.2
(2) Each city, parish, or other local public school board shall be notified on3
a regular basis by the state Department of Education of its status related to the4
elements of the definition of financially at risk.5
* * *6
SUBPART A. GENERAL PROVISIONS7
§3881. Purpose8
A. It is the purpose of this Part to establish periodic evaluations of9
performance and effectiveness, based in part on growth in student achievement using10
a value-added assessment model as determined by the board, and continuous11
professional development and periodic monitoring of performance levels as integral12
aspects of professional careers in education.13
B. (1) It is the purpose of the teacher assistance and assessment program to14
provide new teaching employees of the public school systems in this state with a15
system of leadership and support from experienced educators during the most16
formative stages of a teacher's experience in Louisiana schools.17
(2) It is further the purpose of the teacher assistance and assessment program18
to provide assurance to the state, prior to the issuance of a permanent teacher19
certificate, that the new teaching employee demonstrates competency in the20
understanding and use of the basic components of effective teaching determined by21
the state to be the basis for effective professional performance.22
C. It is the purpose of the professional employee evaluation program to:23
(1) Provide assurance to the citizens of the state that the quality of24
instruction and administrative performance in each public school system, building,25
and classroom is being monitored evaluated and maintained at levels essential for26
effective schools. in an attempt to ensure that every student is taught by an effective27
teacher and every school is managed by an effective school leader.28 HLS 10RS-683 ENGROSSED
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(2) Provide clear performance expectations and significant regular1
information on that such performance to each teacher and administrator all teachers2
and administrators in the public schools while protecting their dignity and right to3
fair and equitable treatment.4
(3) Provide a consistent means for teachers and administrators to obtain5
assistance in the development of essential teaching or administrative skills.6
(4) To establish Establish professional development as an integral and7
expected part of a professional career in education, including both the employee's8
commitment to participating and the employer's commitment to providing the time9
and resources necessary.10
§3882. Definitions.11
For the purposes of this Part, the following definitions shall apply:12
(1) "Administrator" means any person whose employment requires13
professional certification issued under the rules of the board or who is employed in14
a professional capacity other than a teacher. "Board" means the State Board of15
Elementary and Secondary Education.16
(2) "Assessment" means the process by which the state determines whether17
a teacher who is seeking to retain or acquire a regular teacher certificate can18
sufficiently demonstrate the components of effective teaching to qualify for the19
teaching credential being sought.20
(3)(2) "Components of effective teaching" means the elements of teaching21
performance defined by the board, upon the advice of a panel of persons representing22
in formal, recognized collaboration with educators and others other stakeholders23
involved in education, to be critical to providing effective classroom instruction. As24
used in the assessment and evaluation programs, the term includes any elements of25
the components being rated.26
(4) "Evaluation" means the process by which a local board monitors the27
continuing performance of its teachers and administrators. 28 HLS 10RS-683 ENGROSSED
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(5) "Evaluation period" means the period of time during each school year1
during which the evaluation program provided in Subpart C of this Part will be2
conducted.3
(6)(a) For the purposes of the teacher assistance and assessment program,4
"teacher" means any full-time employee of a local board who is engaged to directly5
and regularly provide instruction to students in any elementary, secondary, or special6
education school setting who is not an administrator, who is so employed for the first7
time in a school in this state after August 1, 1994, and who either holds a regular8
teaching certificate which when issued was valid for three years or who is authorized9
under law or board regulation to teach temporarily while seeking a regular teaching10
certificate. For the purposes of the teacher assistance and assessment program,11
"teacher" shall not include any experienced teacher moving to Louisiana from12
another state who provides appropriate evaluation results from his immediate13
previous teaching assignment.14
(b) For the purposes of the personnel evaluation program, "teacher" means15
any person employed as a full-time employee of a local board who is engaged to16
directly and regularly provide instruction to students in any elementary, secondary,17
or special education school setting, including a librarian, an assessment teacher, a18
speech therapist, and a counselor, who is not an administrator, who has successfully19
completed the teacher assistance and assessment program, as required in Subpart B20
of this Part, or who is not required to participate in the teacher assistance and21
assessment program.22
(3) "Department" means the state Department of Education.23
(4) "Evaluation" means the process by which a local board monitors the24
continuing performance of its teachers and administrators.25
(5) "Local board" means a city, parish, or other local public school board.26
(6) "Performance expectations " means the elements of effective leadership27
approved by the board that shall be included as evaluation criteria for all28
building-level administrators.29 HLS 10RS-683 ENGROSSED
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(7) "Teacher" or "Administrator" means any person whose employment1
requires professional certification issued under the rules of the board.2
§3883. State Board of Elementary and Secondary Education; powers and duties3
A. The board shall:4
(1) Establish the components of effective teaching. These components5
teaching, including measures of effectiveness, which shall be periodically reviewed6
and revised as necessary. as becomes appropriate with increased experience and7
knowledge.8
(2) Develop, adopt, and promulgate, in accordance with the Administrative9
Procedure Act, all rules necessary for the implementation of this Part.10
(3) Set standards for the assessment teams in the assistance and assessment11
program to use in determining whether the teacher has successfully completed the12
assistance and assessment program and met the assessment evaluation qualifications13
for retaining or acquiring regular teacher certification.14
(4) Provide for the training of all mentor teachers and assessors for the15
teacher assistance and assessment program as well as provide for the basis for16
necessary training for those doing evaluations pursuant to the school personnel17
evaluation.18
(5) Conduct training and regular staff development in evaluation skills as19
needed.20
(5) Develop and adopt grievance procedure requirements for any teacher or21
administrator aggrieved by any rating by a local board which results from the22
implementation of this Part. Such requirements shall contain, at a minimum,23
provisions for the following:24
(a) That the teacher or administrator be provided a copy of the evaluation25
and the evaluators' data recording forms and any documentation related thereto and26
be entitled to respond as provided in R.S. 17:3884.27
(b) That the teacher or administrator be assured of due process, including28
representation, in all aspects of the evaluation grievance procedures.29 HLS 10RS-683 ENGROSSED
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(c) That the local board shall administer the evaluation in a fair, objective,1
and consistent manner and shall comply with all rules and regulations adopted by the2
board and that the failure to do so shall be a grievable matter.3
(6) Require the department to monitor the assistance and assessment4
program established pursuant to the provisions of this Part. The method to be used5
in monitoring the program shall be established by the department with the approval6
of the board and shall be sufficient to determine whether a program has been7
implemented, to what extent it has been implemented, and whether such program8
complies with the provisions of this Part.9
(7)(a) Create, by rule, a system to provide a grievance procedure for any10
teacher or administrator aggrieved by any result or action which results from the11
implementation of this Part.12
(b) Such a system shall contain, at a minimum, provisions for the following:13
(i) That the teacher or administrator be provided a copy of the assessment or14
evaluation and the assessors' or evaluators' data recording forms and any15
documentation related thereto and be entitled to respond as provided in R.S. 17:3884.16
(ii) That the teacher or administrator be assured of due process, including17
representation, in all aspects of the assessment and evaluation grievance procedures,18
including that any hearing officer required to conduct a hearing on a grievance shall19
be an employee of or contracted by the office of the attorney general.20
(iii) That the agencies and their employees, whether state or local, shall21
administer the program in a fair, objective, and consistent manner, and shall comply22
with all rules and regulations adopted by the board and that the failure to do so shall23
be a grievable matter.24
B. The board may:25
(1) Make recommendations to the legislature regarding any changes needed26
to this Part.27
(2) Establish state review teams, as needed, to review the school personnel28
evaluation plans for compliance with law and regulation, for the implementation of29 HLS 10RS-683 ENGROSSED
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all applicable laws and regulations to implement such evaluation plans and to1
provide for the exchange of information regarding them.2
(3) Continue to develop, test, and improve the process and content of3
professional assessment and evaluation with input from appropriate educator groups4
and panels. groups.5
(4) Continue to expand the opportunity opportunities for the growth and6
development of professional employees.7
(5)(a) Request that the department when deemed necessary to monitor an8
evaluation program established pursuant to the provisions of this Part. programs as9
necessary. The method to be used in monitoring such programs shall be established10
by the department with the approval of the board and shall be sufficient to determine11
whether such programs have been implemented, to what the extent they to which any12
programs have been implemented, and whether such programs comply with the13
provisions of this Part.14
(b) If, in conducting such monitoring, the department determines that a15
school system has failed to implement its evaluation program of personnel evaluation16
or that a school system has otherwise failed to comply with the provisions of this17
Part, the department shall notify the local board of such failure, and the school18
system shall correct such failure within sixty calendar days after receiving such19
notification. The department also shall also notify the board of such failure, by the20
school system.21
(c) If the failures are failure is not corrected within the prescribed sixty22
calendar days, the department shall notify the board of such continued failure and23
shall recommend to the board whatever sanctions against such school system the24
department deems appropriate which may include withholding funds distributed25
pursuant to the minimum foundation program formula until the corrections are made.26
The board shall act upon such recommendation within sixty calendar days after its27
receipt. receipt of the notification.28 HLS 10RS-683 ENGROSSED
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§3884. Assessment and evaluation Evaluation records; response; access1
A.(1) Each assessment and evaluation required in this Part shall be2
documented in writing and a copy shall be transmitted to the school employee not3
later than fifteen days after the assessment or evaluation takes place. The employee4
shall have the right to initiate a written reaction or response to the assessment or5
evaluation. Such response and assessment or evaluation shall become a permanent6
attachment to the single official personnel file for the employee.7
(2) After the assessment or evaluation and any documentation related thereto8
has been transmitted to the employee, upon request of the employee, and before the9
end of the school year, a meeting shall be held between the employee and the10
appropriate official of the local governing board in order that the employee may11
respond to the assessment or evaluation and have the opportunity to amend, remove,12
or strike any information proven to be inaccurate or invalid information as may be13
found within the written documentation and from the employee's personnel file. The14
employee shall have the right to receive proof by documentation of any item15
contained in the assessment or evaluation that the employee believes to be16
inaccurate, invalid, or misrepresented. If such documentation is not presented, such17
items shall be removed from the assessment or evaluation record and shall not be the18
basis for any decision of the board regarding certification or the local board19
regarding any employee action.20
B. Copies of the assessment or evaluation results and any documentation21
related thereto of any school employee may be retained by the local board, the board,22
or the department and, if retained, are confidential, do not constitute a public record,23
and shall not be released or shown to any person except:24
(1) To the assessed or evaluated school employee or his designated25
representative.26
(2) To authorized school system officers and employees for all personnel27
matters, including employment application, and for any hearing, which relates to28
personnel matters, which includes the authorized representative of any school or29 HLS 10RS-683 ENGROSSED
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school system, public or private, to which the employee has made application for1
employment.2
(3) For introduction in evidence or discovery in any court action between the3
board and a teacher in which either:4
(a) The competency of the teacher is at issue.5
(b) The assessment and evaluation was an exhibit at a hearing, the result of6
which is challenged.7
C. The superintendent of education shall make available to the public such8
the data specified in R.S. 17:3902(B)(5) as may be useful for conducting statistical9
analyses and evaluations of educational personnel, but shall not reveal information10
pertaining to the assessment and evaluation report of a particular employee.11
personnel but shall not reveal information pertaining to the evaluation report of a12
particular employee. Beginning with the 2012-2013 school year, such public13
information may include school level student growth data as specified in R.S.14
17:3902(B)(5).15
D. Any local board wishing to hire a person who has been assessed or16
evaluated pursuant to this Chapter, whether that person is already employed by that17
school system or not, shall request such person's assessment and evaluation results18
as part of the application process. The board to which application is being made shall19
inform the applicant that as part of the mandated process, the applicant's assessment20
and evaluations evaluation results will be requested. The applicant shall be given the21
opportunity to apply, review the information received, and provide any response or22
information the applicant deems appropriate.23
§3885. Beginning and Continuing Teacher Assistance24
A. During the first three years of employment , beginning teachers shall be25
provided by the local board with professional development opportunities, and26
assistance designed to enhance teaching competencies in accordance with rules and27
regulations promulgated by the board.28 HLS 10RS-683 ENGROSSED
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B. The local board shall provide targeted professional development to1
teachers to address deficiencies identified in the evaluation process2
§3886. Teaching credentials; regular certification, permanent certification; effect of3
evaluation4
A. If a teacher's evaluation demonstrates that he has met the standard for5
effectiveness as determined by the board, using value-added data, for three years6
during the initial certification or renewal process, a certificate shall be issued or7
renewed unless the board receives evidence from the local board, through an appeal,8
that justifies discontinuation. Similarly, if a teacher's evaluation demonstrates that9
he has not met the standard for effectiveness as determined by the board, using either10
value-added data or other components of the evaluation, for three years during the11
initial certification or renewal process, the board shall not issue or renew a certificate12
unless evidence of effectiveness is received from the local board, through an appeal,13
that justifies the issuance of a certificate.14
B. Persons who seek a regular teacher certificate and hold a teacher15
certificate from out of state and have out-of-state teaching experience of three years16
or more shall not be credited with their years of teaching experience in the issuance17
of any teaching credential until receipt of a successful evaluation as provided by18
board policy.19
SUBPART C. SCHOOL PERSONNEL EVALUATI ON20
§3901. Applicability21
Beginning with the 1994-1995 school year, this This Subpart and the program22
provided herein shall apply to all teachers and administrators.23
§3902. Evaluation program; process24
A.(1) Not less often than once every three years, e very Every teacher and25
administrator who has been employed as such for more than three years by a local26
board shall be formally evaluated annually by the local board pursuant to this27
Subpart. 28 HLS 10RS-683 ENGROSSED
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(2) The performance of a teacher or an administrator who has been employed1
as such for three years or less shall be formally evaluated annually.2
(3) In every school year when the performance of a teacher or administrator3
is not formally evaluated, the local board shall evaluate such employee informally.4
B. The elements of evaluation are: and standards for effectiveness shall be5
defined by the board pursuant to rules and regulations promulgated for such purpose.6
Such rules and regulations shall require that, at a minimum, local evaluation plans7
contain the following elements:8
(1) A job description. The local board shall establish a job description for9
every category of teacher and administrator pursuant to its evaluation plan. Such job10
descriptions shall contain the elements criteria on which the teacher or administrator11
will shall be evaluated. Each teacher or administrator shall be provided with his job12
description prior to the beginning of his first employment in the school system in his13
position and each time the job description is revised. The teacher or administrator14
shall acknowledge receipt of the job description by signing a copy thereof.15
(2) A professional growth plan. A professional growth plan shall be16
developed by each teacher and administrator, collaboratively with his evaluator,17
evaluator or evaluators during the beginning of each evaluation period. Each such18
plan shall include a statement of the professional development objectives of the19
teacher or administrator as well as the strategies the teacher or administrator intends20
to employ toward the realization of each objective.21
(3) Self-evaluation. Each teacher and administrator shall, throughout the22
evaluation period, conduct a personal review of his performance, assessing strengths23
and weaknesses and assessing his progress toward the realization of the objectives24
in his professional growth plan.25
(4) Observation and conferencing. The evaluator or evaluators of each26
teacher or administrator shall conduct a pre-observation conference during which the27
teacher or administrator shall provide the evaluator or evaluators with relevant28
information. A teacher shall provide information concerning the planning of the29 HLS 10RS-683 ENGROSSED
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lesson to be observed as well as any other information the teacher considers1
pertinent. The observation shall occur at a time and place established in advance,2
shall be of sufficient duration to provide meaningful data which, in the case of a3
teacher, shall be not less than the duration of one complete lesson. In the case of a4
teacher, the observation shall be conducted using the components of effective5
teaching, as well as any additional local board criteria included in the job description.6
In the case of an administrator, the observation may consist of the collection of7
prescribed performance documentation and shall be conducted using applicable8
components of effective teaching, elements prescribed by board rule, and any9
additional local board criteria included in the job description. A post-observation10
conference shall be conducted to discuss commendation and recommendations.11
(5)(4) Classroom visitation. The evaluator may, on his own initiative or12
upon the request of a teacher or administrator he has evaluated, periodically visit the13
teacher or administrator to monitor progress toward achievement of professional14
growth plan objectives and provide support or assistance.15
(5) Measure of effectiveness. By the beginning of the 2012-2013 school16
year, fifty percent of such evaluations shall be based on evidence of growth in17
student achievement using a value-added assessment model as determined by the18
board for which value-added data is available. For grades and subjects for which19
value-added data is not available and for personnel for whom value-added data is not20
available, the board shall establish measures of student growth. The model shall take21
into account important student factors, including but not limited to special education,22
eligibility for free or reduced price meals, student attendance, and student discipline.23
The state board shall develop and adopt a policy to invalidate such student growth24
data for any teacher for any school year in which there is a natural disaster or any25
other unexpected event that results in the temporary closure of the school.26
C.(1) Formal evaluation shall consist of observation and conferencing in27
addition to the other elements of evaluation.28 HLS 10RS-683 ENGROSSED
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(2) Informal evaluation shall consist of all elements except observation and1
conferencing.2
D.(1) At the conclusion of each year's evaluation, the evaluator or evaluators3
shall determine whether the teacher or administrator is satisfactory effective or4
unsatisfactory ineffective pursuant to the local board's evaluation plan. Such5
determination shall be transmitted to the local board.6
(2)(a) Any teacher or administrator who fails to meet the local board's7
standard of performance with regard to effectiveness shall be placed in an intensive8
assistance program designed to address the complexity of the teacher's deficiencies9
and shall be formally re-evaluated. A teacher or administrator shall be informed in10
writing of placement in an intensive assistance program and provided in writing with11
the reasons for such placement.12
(b) Each intensive assistance program shall be individually designed for the13
individual teacher or administrator involving collaboratively with the evaluator or14
evaluators and the teacher or administrator and shall include at a minimum:15
(i) Specific steps that should to be taken to improve.16
(ii) The assistance, support, and resources that are to be provided by the local17
board.18
(iii) An expected time line for achieving the objectives and the procedures19
for monitoring progress including observations and conferences. The time line shall20
not exceed two years.21
(iv) The action that will to be taken if improvement is not demonstrated.22
(v) If the intensive assistance program required pursuant to this Paragraph23
is not completed in conformity with its provisions or if the teacher or administrator24
still performs unsatisfactorily is determined to be ineffective after a formal25
evaluation conducted immediately upon completion of the program, then the local26
board shall timely initiate termination proceedings pursuant to Part II of Chapter 227
of this Title within six months following such unsatisfactory performance.28 HLS 10RS-683 ENGROSSED
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(3) The board shall determine a standard for highly effective teachers for use1
by local boards to recognize, reward, and retain teachers who demonstrate a high2
level of effectiveness.3
E. D. Nothing contained in this Section shall diminish the right of the local4
board to evaluate employees or to make employment decisions or of principals and5
other employees with supervisory responsibilities to observe the employees they6
supervise.7
§3903. Evaluators; selection and training8
A. Each local board shall create establish and maintain an accountability9
relationships register. register in accordance with rules adopted by the board for such10
purpose. The register shall contain clear definition of who shall be the evaluator or11
evaluators of whom within the ranks of teachers and administrators. The evaluator12
evaluators of classroom teachers shall always be defined as the school principal or13
assistant principal or equivalent level supervisor designee. his respective supervisory14
level designees. 15
B. Every employee with responsibility for evaluating a teacher or16
administrator shall receive training as provided in this Part.17
§3904. Local boards; power and duties18
A. Each local board shall:19
(1) Develop and maintain a program of local evaluation in accordance with20
rules and regulation promulgated by the board for every teacher and administrator21
employed by the local board.22
(2) Create, revise as necessary, revise, and disseminate to each professional23
employee a job description which shall be the statement of performance expectation24
expectations and the basis of any evaluation criteria conducted pursuant to this25
Subpart. For teachers, the job description shall specifically contain all applicable26
components of effective teaching and any additional elements adopted by the local27
board.28 HLS 10RS-683 ENGROSSED
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(3) Cooperate with the board and the department in whatever manner is1
necessary to implement this Subpart, including providing for the training of2
evaluators.3
(4) Assist in developing the mechanisms necessary for rapid transmission of4
evaluation information and reports to teachers and administrators and for5
maintenance of the confidentiality of such information, except for information to be6
made available to the public in accordance with R.S. 17:3884(C).7
(5) Incorporate the evaluation plan required by this Subpart into its general8
employee policies.9
(a) Establish an evaluation steering committee as provided by the board.10
(b) The steering committee shall develop a plan to monitor, review, and11
submit recommendations to the local board concerning needed changes in the school12
personnel evaluation plan of the local board.13
(6) Incorporate any the elements of the program in this Subpart into any14
performance-based contracts with its employees.15
B. Each local board may: may16
(1) Incorporate the evaluation plan required by this Subpart into its general17
employee policies.18
(2) Expand expand the scope of the program in this Subpart to provide for19
apply to all employees of the board.20
(3) Incorporate the any elements of the program in this Subpart into any21
performance-based contracts with its employees.22
§3905. Reports to the department23
The department may request a local board to submit to the department the24
local evaluation plan and the accountability relationships registry, including such25
revisions as are made for the succeeding evaluation period and upon such request,26
the local board shall provide the requested information in a timely manner.27
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§3997. Charter school employees1
* * *2
D.(1) The Each governing authority of any a charter school may determine3
whether the members of the faculty and staff of the school are going to participate4
in any assessment and evaluation program required by the state, including the teacher5
assistance and assessment program pursuant to the Children First Act. For those6
schools choosing not to participate in the teacher assistance and assessment program,7
three years of successful teaching within the charter school shall be deemed to meet8
the provisions of R.S. 17:3891 which require the successful completion of the9
teacher assistance and assessment program in order to obtain or retain a regular10
teacher certificate. However, such regular teacher certificate is only valid for11
teaching within a charter school, and any teacher with such certificate hired to teach12
in a public school other than a charter school shall be required to successfully13
complete the teacher assistance and assessment program. annually shall evaluate14
every teacher employed at the school.15
(2) By the beginning of the 2012-2013 school year, fifty percent of each16
teacher evaluation conducted pursuant to Paragraph (1) of this Subsection shall be17
based on evidence of growth in student achievement using a value-added assessment18
model as determined by the state board for which value-added data is available. For19
grades and subjects for which value-added data is not available, the state board shall20
establish measures of student growth. The model shall take into account important21
student factors, including but not limited to special education, eligibility for free or22
reduced price meals, student attendance, and student discipline. The state board shall23
develop and adopt a policy to invalidate such student growth data for any teacher for24
any school year in which there is a natural disaster or any other unexpected event25
that results in the temporary closure of the school. The state superintendent of26
education may make such school-level data available to the public as may be useful27
for conducting statistical analyses.28 HLS 10RS-683 ENGROSSED
HB NO. 1033
Page 18 of 22
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 2. Subpart B of Part II of Chapter 39 of Title 17 of the Louisiana Revised1
Statutes of 1950, comprised of R.S. 17:3891 through 3895, is hereby repealed in its entirety.2
Section 3. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
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 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 HLS 10RS-683 ENGROSSED
HB NO. 1033
Page 19 of 22
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 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 beginning 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.
Relative to evaluation and certification, proposed law provides as follows:
(1)If a teacher's evaluation demonstrates that he has met the standard for
effectiveness, using value-added data, for three years during the initial certification
or renewal process, a certificate shall be issued or renewed unless BESE receives
evidence that justifies discontinuation. If a teacher's evaluation demonstrates that
he has not met the standard for effectiveness, using either value-added data or other
components of the evaluation, for three years during the initial certification or
renewal process, BESE shall not issue or renew a certificate unless evidence of
effectiveness is received that justifies the issuance of a certificate.
(2)Requires a successful evaluation 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.
Proposed law provides that the elements of evaluation and standards for effectiveness 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 element. Changes present law measure of effectiveness element to provide that
by the 2012-2013 school year, 50% of such evaluations shall be based on evidence of
growth in student achievement using a value-added assessment model as determined by
BESE for which value-added data is available. Requires BESE to establish measures of
student growth for grades, subjects, and personnel for which value-added data is not
available. Provides that the model shall take into account special education, eligibility for
free or reduced price meals, student attendance, and student discipline. Requires BESE to
develop and adopt a policy to invalidate such student growth data for teachers for
temporary school closures due to natural disasters or other unexpected events.
Proposed law requires evaluators to determine whether the teacher or administrator is
effective or ineffective instead of satisfactory or unsatisfactory.
Proposed law requires BESE to determine a standard for highly effective teachers for use
by local school boards. HLS 10RS-683 ENGROSSED
HB NO. 1033
Page 20 of 22
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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, definitions (including teacher), 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". Revises present law definition of "components of effective
teaching", deletes definitions of "assessment" and "evaluation period", and adds other
definitions.
Proposed law retains present law BESE powers and duties except deletes the requirements
that BESE provide training for mentor teachers and assessors and that the department
monitor the teacher assistance and assessment program.
Proposed law retains present law provisions relative to access to records and the
requirements and prohibitions of the state superintendent related thereto. Adds that the
information to be made available to the public may include certain school level student
growth data.
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
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. Adds requirement that local school boards
provide targeted professional development to teachers to address identified deficiencies.
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 beginning with the 2011-2012
school year, such system shall be based, in part, on growth in student achievement using
a value-added assessment model as determined by BESE. Further requires BESE to adopt
a policy to invalidate student achievement growth data using a value-added assessment
model for temporary school closures due to natural disaster or other unexpected events. HLS 10RS-683 ENGROSSED
HB NO. 1033
Page 21 of 22
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law permits charter school governing authorities to determine if the charter school
faculty and staff will participate in any state-required assessment and evaluation program.
Provides relative to teacher certification requirements for charter schools that do not
participate in present law teacher assistance and assessment program.
Proposed law instead requires each charter school governing authority to annually evaluate
every teacher at the school. Further provides that by the 2012-2013 school year, 50% of
each teacher evaluation shall be based on evidence of growth in student achievement using
a value-added assessment model as determined by BESE for which value-added data is
available. Requires BESE to establish measures of student growth for grades and subjects
for which value-added data is not available and to adopt a policy to invalidate such student
growth data for any teacher for temporary school closures due to natural disaster or any
other unexpected events. Provides that the model shall take into account special education,
eligibility for free or reduced price meals, student attendance, and student discipline.
Permits the state superintendent of education to make such school-level data available to
the public for conducting statistical analyses.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:10.1(B) and (C), R.S. 17:3881-3886, R.S. 17:3901-3905, and R.S.
17:3997(D); Repeals R.S. 17:3891-3895)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Deleted proposed law requiring receipt of a successful evaluation for teachers
without a regular teacher certificate to be issued a teacher or higher level
certificate and for renewal of such certificates.
2. Added proposed law relative to the issuance and renewal of certificates for
teachers upon meeting the standard for effectiveness.
3. Reinstated present law evaluation plan element relative to classroom visitation.
4. Changed proposed law measure of effectiveness element to require that 50%
of teacher evaluations be based on evidence of growth in student achievement
using a value-added assessment model as determined by BESE and adds
requirements relative thereto.
5. Added proposed law requirement that BESE develop and adopt a policy to
invalidate student growth data for teachers for temporary school closures.
6. Added proposed law requirement that BESE determine a standard for highly
effective teachers for use by local school boards.
7.Reinstated present law provisions relative to access to records and the
requirements and prohibitions of the state superintendent related thereto.
Added that the information to be made available to the public may include
certain school level student growth data.
8. Added proposed law requirement that local school boards provide targeted
professional development to teachers to address identified deficiencies.
9. Relative to the statewide school accountability system, added a requirement
that such system be based, in part, on growth in student achievement using a
value-added assessment model as determined by BESE. HLS 10RS-683 ENGROSSED
HB NO. 1033
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
10.Deleted present law authority for charter school governing authorities to
determine if faculty and staff will participate in state assessment and evaluation
programs, and instead required each charter school governing authority to
annually evaluate every teacher at the school. Added the same requirements
as specified in (2) above and added authority to the state superintendent of
education to make such school-level data available to the public for conducting
statistical analyses.
11.Made technical changes.