ENROLLED
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ACT No. 54
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
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, and R.S.5
17:3997(D), to enact R.S. 17:10.1(D), and to repeal Subpart B of Part II of Chapter6
39 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S. 17:38917
through 3895, relative to professional employee quality development; to provide for8
evaluation programs for teachers and administrators; to provide for program9
purposes and definitions; to provide for local evaluation plans and elements required10
for such plans; to provide relative to the powers and duties of the State Board of11
Elementary and Secondary Education and local school boards; to provide for an12
advisory committee to make recommendations relative to the development of a13
value-added assessment model; to require the state superintendent of education to14
make certain information available to the public; to provide conditions for the15
issuance of teacher and higher level certificates; to delete requirements relative to16
informal evaluations; to require reporting; to provide for applicability; to provide for17
effectiveness; to repeal provisions relative to the Teacher Assistance and Assessment18
Program; and to provide for related matters.19
Be it enacted by the Legislature of Louisiana:20
Section 1. R.S. 17:10.1(B)and (C), Subpart A of Part II of Chapter 39 of Title 17 of21
the Louisiana Revised Statutes of 1950, comprised of R.S. 17:3881 through 3886, Subpart22
C of Part II of Chapter 39 of Title 17 of the Louisiana Revised Statutes of 1950, comprised23
of R.S. 17:3901 through 3905, and R.S. 17:3997(D) are hereby amended and reenacted and24
R.S. 17:10.1(D) is hereby enacted to read as follows: 25 ENROLLEDHB NO. 1033
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§10.1. School and district accountability system; purpose; responsibilities of state1
board2
* * *3
B. The State Board of Elementary and Secondary Education, hereafter4
referred to as the "state board", shall provide for a statewide system of accountability5
for schools and school districts based on student achievement and minimum6
standards for the approval of schools pursuant to R.S. 17:10. Beginning with the7
2011-2012 school year, such system shall be based, in part, on growth in student8
achievement using a value-added assessment model as determined by the state board.9
The program shall include, at a minimum, clear and appropriate standards for schools10
and school districts, indicators for the assessment of schools and school districts,11
student achievement baselines, student growth targets, and appropriate minimum12
levels of student achievement for each public school and school district, rewards and13
corrective actions, specific intervals for assessment and reassessment of schools and14
school districts, a review process for evaluating growth targets, and technical15
assistance.16
C. The state board shall develop and adopt a policy to invalidate student17
achievement growth data using a value-added assessment model for any school year18
in which there is a natural disaster or any other unexpected event that results in the19
temporary closure of schools.20
D.(1) The State Board of Elementary and Secondary Education state board21
shall, by rule, define "financially at risk" as a status of any city, parish, or other local22
public school board the unresolved finding of which subjects the school system and23
its board to the provisions of Chapter 9B of Title 39 of the Louisiana Revised24
Statutes of 1950 regarding the judicial appointment of a fiscal administrator.25
(2) Each city, parish, or other local public school board shall be notified on26
a regular basis by the state Department of Education of its status related to the27
elements of the definition of financially at risk.28
* * *29 ENROLLEDHB NO. 1033
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SUBPART A. GENERAL PROVISIONS1
§3881. Purpose2
A. It is the purpose of this Part to establish periodic evaluations of3
performance and effectiveness, based in part on growth in student achievement using4
a value-added assessment model as determined by the board, and continuous5
professional development and periodic monitoring of performance levels as integral6
aspects of professional careers in education.7
B. (1) It is the purpose of the teacher assistance and assessment program to8
provide new teaching employees of the public school systems in this state with a9
system of leadership and support from experienced educators during the most10
formative stages of a teacher's experience in Louisiana schools.11
(2) It is further the purpose of the teacher assistance and assessment program12
to provide assurance to the state, prior to the issuance of a permanent teacher13
certificate, that the new teaching employee demonstrates competency in the14
understanding and use of the basic components of effective teaching determined by15
the state to be the basis for effective professional performance.16
C. It is the purpose of the professional employee evaluation program to:17
(1) Provide assurance to the citizens of the state that the quality of18
instruction and administrative performance in each public school system, building,19
and classroom is being monitored evaluated and maintained at levels essential for20
effective schools. in an attempt to ensure that every student is taught by an effective21
teacher and every school is managed by an effective school leader.22
(2) Provide clear performance expectations and significant regular23
information on that such performance to each teacher and administrator all teachers24
and administrators in the public schools while protecting their dignity and right to25
fair and equitable treatment.26
(3) Provide a consistent means for teachers and administrators to obtain27
assistance in the development of essential teaching or administrative skills.28
(4) To establish Establish professional development as an integral and29
expected part of a professional career in education, including both the employee's30 ENROLLEDHB NO. 1033
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commitment to participating and the employer's commitment to providing the time1
and resources necessary.2
§3882. Definitions.3
For the purposes of this Part, the following definitions shall apply:4
(1) "Administrator" means any person whose employment requires5
professional certification issued under the rules of the board or who is employed in6
a professional capacity other than a teacher. "Board" means the State Board of7
Elementary and Secondary Education.8
(2) "Assessment" means the process by which the state determines whether9
a teacher who is seeking to retain or acquire a regular teacher certificate can10
sufficiently demonstrate the components of effective teaching to qualify for the11
teaching credential being sought.12
(3)(2) "Components of effective teaching" means the elements of teaching13
performance defined by the board, upon the advice of a panel of persons representing14
in formal, recognized collaboration with educators and others other stakeholders15
involved in education, to be critical to providing effective classroom instruction. As16
used in the assessment and evaluation programs, the term includes any elements of17
the components being rated.18
(4) "Evaluation" means the process by which a local board monitors the19
continuing performance of its teachers and administrators. 20
(5) "Evaluation period" means the period of time during each school year21
during which the evaluation program provided in Subpart C of this Part will be22
conducted.23
(6)(a) For the purposes of the teacher assistance and assessment program,24
"teacher" means any full-time employee of a local board who is engaged to directly25
and regularly provide instruction to students in any elementary, secondary, or special26
education school setting who is not an administrator, who is so employed for the first27
time in a school in this state after August 1, 1994, and who either holds a regular28
teaching certificate which when issued was valid for three years or who is authorized29
under law or board regulation to teach temporarily while seeking a regular teaching30 ENROLLEDHB NO. 1033
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certificate. For the purposes of the teacher assistance and assessment program,1
"teacher" shall not include any experienced teacher moving to Louisiana from2
another state who provides appropriate evaluation results from his immediate3
previous teaching assignment.4
(b) For the purposes of the personnel evaluation program, "teacher" means5
any person employed as a full-time employee of a local board who is engaged to6
directly and regularly provide instruction to students in any elementary, secondary,7
or special education school setting, including a librarian, an assessment teacher, a8
speech therapist, and a counselor, who is not an administrator, who has successfully9
completed the teacher assistance and assessment program, as required in Subpart B10
of this Part, or who is not required to participate in the teacher assistance and11
assessment program.12
(3) "Department" means the state Department of Education.13
(4) "Evaluation" means the process by which a local board monitors the14
continuing performance of its teachers and administrators.15
(5) "Local board" means a city, parish, or other local public school board.16
(6) "Performance expectations " means the elements of effective leadership17
approved by the board that shall be included as evaluation criteria for all18
building-level administrators.19
(7) "Teacher" or "Administrator" means any person whose employment20
requires professional certification issued under the rules of the board.21
§3883. State Board of Elementary and Secondary Education; powers and duties22
A. The board shall:23
(1) Establish the components of effective teaching. These components24
teaching, including measures of effectiveness, which shall be periodically reviewed25
and revised as necessary. as becomes appropriate with increased experience and26
knowledge.27
(2) Develop, adopt, and promulgate, in accordance with the Administrative28
Procedure Act, all rules necessary for the implementation of this Part.29 ENROLLEDHB NO. 1033
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(3) Set standards for the assessment teams in the assistance and assessment1
program to use in determining whether the teacher has successfully completed the2
assistance and assessment program and met the assessment evaluation qualifications3
for retaining or acquiring regular teacher certification.4
(4) Provide for the training of all mentor teachers and assessors for the5
teacher assistance and assessment program as well as provide for the basis for6
necessary training for those doing evaluations pursuant to the school personnel7
evaluation.8
(5) Conduct training and regular staff development in evaluation skills as9
needed.10
(5) Develop and adopt grievance procedure requirements for any teacher or11
administrator aggrieved by any rating by a local board which results from the12
implementation of this Part. Such requirements shall contain, at a minimum,13
provisions for the following:14
(a) That the teacher or administrator be provided a copy of the evaluation15
and the evaluators' data recording forms and any documentation related thereto and16
be entitled to respond as provided in R.S. 17:3884.17
(b) That the teacher or administrator be assured of due process, including18
representation, in all aspects of the evaluation grievance procedures.19
(c) That the local board shall administer the evaluation in a fair, objective,20
and consistent manner and shall comply with all rules and regulations adopted by the21
board and that the failure to do so shall be a grievable matter.22
(6)(a) Require the state superintendent of education to appoint and convene23
an Educator Evaluation Advisory Committee to make recommendations to the board24
regarding the development of a value-added assessment model, the identification of25
measures of student growth for grades and subjects for which value-added data is not26
available and for personnel for whom value-added data is not available, and the27
adoption of standards of effectiveness. The membership of the advisory committee28
shall be approved by the board, and at least fifty percent of the membership shall be29
comprised of practicing classroom educators. The advisory committee shall include30 ENROLLEDHB NO. 1033
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but not be limited to at least two parents of public school students and following1
groups or organizations as follows:2
(i) One member appointed by the Associated Professional Educators of3
Louisiana.4
(ii) One member appointed by the Louisiana Association of Educators.5
(iii) One member appointed by the Louisiana Federation of Teachers.6
(iv) One member appointed by the Louisiana Association of School7
Superintendents.8
(v) One member appointed by the Louisiana Association of Principals.9
(vi) One member appointed by the Louisiana Association of Public Charter10
Schools.11
(vii) Two members of the Senate Committee on Education, appointed by the12
chairman thereof.13
(viii) Two members of the House Committee on Education, appointed by the14
chairman thereof.15
(ix) One member appointed by each member of the State Board of16
Elementary and Secondary Education.17
(b) The members of the committee shall serve without compensation.18
(c) The initial meeting of the committee shall be held not later than19
September 30, 2010.20
(d) The committee shall submit its initial recommendations to the board and21
the Senate and House committees on education by not later than April 30, 2012.22
(7) Submit a written report to the Senate Committee on Education and the23
House Committee on Education not later than sixty days prior to the 2011 and the24
2012 regular sessions of the legislature regarding the status of the development of25
the value-added assessment model as specified in R.S. 17:3902(B)(5) and the26
methodology used in such development. The committees may meet separately or27
jointly and may disapprove the assessment model so presented upon majority vote28
of each committee, if the committees determine that the methodology is arbitrary or29
not evidence-based.30 ENROLLEDHB NO. 1033
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(8) Beginning in 2013 and thereafter, submit a written report to the Senate1
Committee on Education and the House Committee on Education, not later than2
March first of each year, and at such other times as requested by the committees,3
regarding the implementation, results, and effectiveness of the value-added4
assessment model as provided in this Part.5
(6) Require the department to monitor the assistance and assessment6
program established pursuant to the provisions of this Part. The method to be used7
in monitoring the program shall be established by the department with the approval8
of the board and shall be sufficient to determine whether a program has been9
implemented, to what extent it has been implemented, and whether such program10
complies with the provisions of this Part.11
(7)(a) Create, by rule, a system to provide a grievance procedure for any12
teacher or administrator aggrieved by any result or action which results from the13
implementation of this Part.14
(b) Such a system shall contain, at a minimum, provisions for the following:15
(i) That the teacher or administrator be provided a copy of the assessment or16
evaluation and the assessors' or evaluators' data recording forms and any17
documentation related thereto and be entitled to respond as provided in R.S. 17:3884.18
(ii) That the teacher or administrator be assured of due process, including19
representation, in all aspects of the assessment and evaluation grievance procedures,20
including that any hearing officer required to conduct a hearing on a grievance shall21
be an employee of or contracted by the office of the attorney general.22
(iii) That the agencies and their employees, whether state or local, shall23
administer the program in a fair, objective, and consistent manner, and shall comply24
with all rules and regulations adopted by the board and that the failure to do so shall25
be a grievable matter.26
B. The board may:27
(1) Make recommendations to the legislature regarding any changes needed28
to this Part.29 ENROLLEDHB NO. 1033
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(2) Establish state review teams, as needed, to review the school personnel1
evaluation plans for compliance with law and regulation, for the implementation of2
all applicable laws and regulations to implement such evaluation plans and to3
provide for the exchange of information regarding them.4
(3) Continue to develop, test, and improve the process and content of5
professional assessment and evaluation with input from appropriate educator groups6
and panels. groups.7
(4) Continue to expand the opportunity opportunities for the growth and8
development of professional employees.9
(5)(a) Request that the department when deemed necessary to monitor an10
evaluation program established pursuant to the provisions of this Part. programs as11
necessary. The method to be used in monitoring such programs shall be established12
by the department with the approval of the board and shall be sufficient to determine13
whether such programs have been implemented, to what the extent they to which any14
programs have been implemented, and whether such programs comply with the15
provisions of this Part. The department shall submit a report to the Senate16
Committee on Education and the House Committee on Education which contains the17
details of any monitoring methods developed pursuant to this Subparagraph.18
(b) If, in conducting such monitoring, the department determines that a19
school system has failed to implement its evaluation program of personnel evaluation20
or that a school system has otherwise failed to comply with the provisions of this21
Part, the department shall notify the local board of such failure, and the school22
system shall correct such failure within sixty calendar days after receiving such23
notification. The department also shall also notify the board of such failure, by the24
school system.25
(c) If the failures are failure is not corrected within the prescribed sixty26
calendar days, the department shall notify the board of such continued failure and27
shall recommend to the board whatever sanctions against such school system the28
department deems appropriate which may include withholding funds distributed29
pursuant to the minimum foundation program formula until the corrections are made.30 ENROLLEDHB NO. 1033
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The board shall act upon such recommendation within sixty calendar days after its1
receipt. receipt of the notification.2
§3884. Assessment and evaluation Evaluation records; response; access3
A.(1) Each assessment and evaluation required in this Part shall be4
documented in writing and a copy shall be transmitted to the school employee not5
later than fifteen days after the assessment or evaluation takes place. The employee6
shall have the right to initiate a written reaction or response to the assessment or7
evaluation. Such response and assessment or evaluation shall become a permanent8
attachment to the single official personnel file for the employee.9
(2) After the assessment or evaluation and any documentation related thereto10
has been transmitted to the employee, upon request of the employee, and before the11
end of the school year, a meeting shall be held between the employee and the12
appropriate official of the local governing board in order that the employee may13
respond to the assessment or evaluation and have the opportunity to amend, remove,14
or strike any information proven to be inaccurate or invalid information as may be15
found within the written documentation and from the employee's personnel file. The16
employee shall have the right to receive proof by documentation of any item17
contained in the assessment or evaluation that the employee believes to be18
inaccurate, invalid, or misrepresented. If such documentation is not presented, such19
items shall be removed from the assessment or evaluation record and shall not be the20
basis for any decision of the board regarding certification or the local board21
regarding any employee action.22
B. Copies of the assessment or evaluation results and any documentation23
related thereto of any school employee may be retained by the local board, the board,24
or the department and, if retained, are confidential, do not constitute a public record,25
and shall not be released or shown to any person except:26
(1) To the assessed or evaluated school employee or his designated27
representative.28
(2) To authorized school system officers and employees for all personnel29
matters, including employment application, and for any hearing, which relates to30 ENROLLEDHB NO. 1033
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personnel matters, which includes the authorized representative of any school or1
school system, public or private, to which the employee has made application for2
employment.3
(3) For introduction in evidence or discovery in any court action between the4
board and a teacher in which either:5
(a) The competency of the teacher is at issue.6
(b) The assessment and evaluation was an exhibit at a hearing, the result of7
which is challenged.8
C. The superintendent of education shall make available to the public such9
the data specified in R.S. 17:3902(B)(5) as may be useful for conducting statistical10
analyses and evaluations of educational personnel, but shall not reveal information11
pertaining to the assessment and evaluation report of a particular employee.12
personnel but shall not reveal information pertaining to the evaluation report of a13
particular employee. Beginning with the 2012-2013 school year, such public14
information may include school level student growth data as specified in R.S.15
17:3902(B)(5).16
D. Any local board wishing to hire a person who has been assessed or17
evaluated pursuant to this Chapter, whether that person is already employed by that18
school system or not, shall request such person's assessment and evaluation results19
as part of the application process. The board to which application is being made20
shall inform the applicant that as part of the mandated process, the applicant's21
assessment and evaluations evaluation results will be requested. The applicant shall22
be given the opportunity to apply, review the information received, and provide any23
response or information the applicant deems appropriate.24
§3885. Beginning and Continuing Teacher Assistance25
A. During the first three years of employment , beginning teachers shall be26
provided by the local board with professional development opportunities and27
assistance designed to enhance teaching competencies in accordance with rules and28
regulations promulgated by the board.29 ENROLLEDHB NO. 1033
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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
(2) The performance of a teacher or an administrator who has been employed29
as such for three years or less shall be formally evaluated annually.30 ENROLLEDHB NO. 1033
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(3) In every school year when the performance of a teacher or administrator1
is not formally evaluated, the local board shall evaluate such employee informally.2
B. The elements of evaluation are: and standards for effectiveness shall be3
defined by the board pursuant to rules and regulations promulgated for such purpose.4
Such rules and regulations shall require that, at a minimum, local evaluation plans5
contain the following elements:6
(1) A job description. The local board shall establish a job description for7
every category of teacher and administrator pursuant to its evaluation plan. Such job8
descriptions shall contain the elements criteria on which the teacher or administrator9
will shall be evaluated. Each teacher or administrator shall be provided with his job10
description prior to the beginning of his first employment in the school system in his11
position and each time the job description is revised. The teacher or administrator12
shall acknowledge receipt of the job description by signing a copy thereof.13
(2) A professional growth plan. A professional growth plan shall be14
developed by each teacher and administrator, collaboratively with his evaluator,15
evaluator or evaluators during the beginning of each evaluation period. Such plan16
shall be designed to assist each teacher and administrator in meeting the standards17
for effectiveness, effectively addressing the social, developmental, and emotional18
needs of students and maintaining a classroom environment that is conducive to19
learning. Each such plan shall include a statement of the professional development20
objectives of the teacher or administrator as well as the strategies the teacher or21
administrator intends to employ toward the realization of each objective.22
(3) Self-evaluation. Each teacher and administrator shall, throughout the23
evaluation period, conduct a personal review of his performance, assessing strengths24
and weaknesses and assessing his progress toward the realization of the objectives25
in his professional growth plan.26
(4) Observation and conferencing. The evaluator or evaluators of each27
teacher or administrator shall conduct a pre-observation conference during which the28
teacher or administrator shall provide the evaluator or evaluators with relevant29
information. A teacher shall provide information concerning the planning of the30 ENROLLEDHB NO. 1033
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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 grade levels and subjects for which value-added data is available. For19
grade levels and subjects for which value-added data is not available and for20
personnel for whom value-added data is not available, the board shall establish21
measures of student growth. The model shall take into account important student22
factors, including but not limited to special education, eligibility for free or reduced23
price meals, student attendance, and student discipline. The state board shall develop24
and adopt a policy to invalidate such student growth data for any teacher for any25
school year in which there is a natural disaster or any other unexpected event that26
results in the temporary closure of the school.27
C.(1) Formal evaluation shall consist of observation and conferencing in28
addition to the other elements of evaluation.29 ENROLLEDHB NO. 1033
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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 ENROLLEDHB NO. 1033
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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 ENROLLEDHB NO. 1033
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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
* * *28
§3997. Charter school employees29
* * *30 ENROLLEDHB NO. 1033
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are additions.
D.(1)(a) The Each governing authority of any a charter school may1
determine whether the members of the faculty and staff of the school are going to2
participate in any assessment and evaluation program required by the state, including3
the teacher assistance and assessment program pursuant to the Children First Act.4
For those schools choosing not to participate in the teacher assistance and assessment5
program, three years of successful teaching within the charter school shall be deemed6
to meet the provisions of R.S. 17:3891 which require the successful completion of7
the teacher assistance and assessment program in order to obtain or retain a regular8
teacher certificate. However, such regular teacher certificate is only valid for9
teaching within a charter school, and any teacher with such certificate hired to teach10
in a public school other than a charter school shall be required to successfully11
complete the teacher assistance and assessment program. annually shall evaluate12
every teacher and administrator employed at the school using the value-added13
assessment model and measures of student growth as determined by the State Board14
of Elementary and Secondary Education pursuant to R.S. 17:3902(B)(5).15
(b) The governing authority of a charter school shall terminate the16
employment of any teacher or administrator determined to be ineffective for three17
consecutive years pursuant to the evaluation required by this Section.18
(2) By the beginning of the 2012-2013 school year, fifty percent of each19
teacher and administrator evaluation conducted pursuant to Paragraph (1) of this20
Subsection shall be based on evidence of growth in student achievement using the21
value-added assessment model as determined by the state board for grade levels and22
subjects for which value-added data is available. For grade levels and subjects for23
which value-added data is not available, the state board shall establish measures of24
student growth. The model shall take into account important student factors,25
including but not limited to special education, eligibility for free or reduced price26
meals, student attendance, and student discipline. The state board shall develop and27
adopt a policy to invalidate such student growth data for any teacher for any school28
year in which there is a natural disaster or any other unexpected event that results in29
the temporary closure of the school.30 ENROLLEDHB NO. 1033
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(3) The state superintendent of education shall make available to the public1
the data specified in R.S. 17:3902(B)(5) as may be useful for conducting statistical2
analyses and evaluations of educational personnel, but shall not reveal information3
pertaining to the evaluation report of a particular employee. Beginning with the4
2012-2013 school year, such public information may include school level student5
growth data as specified in R.S. 17:3902(B)(5).6
(4)(a) The State Board of Elementary and Secondary Education may request7
that the state Department of Education monitor evaluation programs established8
pursuant to this Section as necessary. The method to be used in monitoring such9
programs shall be established by the department with the approval of the board and10
shall be sufficient to determine the extent to which any programs have been11
implemented, and whether such programs comply with the provisions of this Section.12
(b) If, in conducting such monitoring, the department determines that the13
governing authority of a charter school has failed to implement its evaluation14
program or has otherwise failed to comply with the provisions of this Section, the15
department shall notify the charter school governing authority of such failure, and16
the charter school governing authority shall correct such failure within sixty calendar17
days after receiving such notification. The department also shall notify the State18
Board of Elementary and Secondary Education of such failure, by the charter school19
governing authority.20
(c) If the failure is not corrected within the prescribed sixty calendar days,21
the department shall notify the board of such continued failure and shall recommend22
to the board whatever sanctions against such charter school governing authority the23
department deems appropriate, which may include withholding funds distributed24
pursuant to the minimum foundation program formula until the corrections are made.25
The board shall act upon such recommendation within sixty calendar days after its26
receipt of the notification.27
Section 2. For the 2010-2011 school year, notwithstanding any law, rule, or28
regulation to the contrary, each city, parish, and other local public school board shall be29
allowed to continue to use the personnel evaluation plan as prescribed by each board's policy30 ENROLLEDHB NO. 1033
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on the effective date of this Act. For the 2011-2012 school year, if the State Board of1
Elementary and Secondary Education fails to promulgate the rules and regulations necessary2
to implement the provisions of this Act at least sixty days prior to the beginning of the3
school year, each city, parish, and other local public school board shall be allowed to4
continue to use the personnel evaluation plan as prescribed by each board's policy on the5
effective date of this Act.6
Section 3. The Louisiana state superintendent of education and every employee of7
the Department of Education who makes over one hundred thousand dollars shall be8
evaluated using the same standards and criteria as teachers and administrators evaluated9
pursuant to the provisions of this Act.10
Section 4. Subpart B of Part II of Chapter 39 of Title 17 of the Louisiana Revised11
Statutes of 1950, comprised of R.S. 17:3891 through 3895, is hereby repealed in its entirety.12
Section 5. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: