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Regular Session, 2010
HOUSE BILL NO. 942
BY REPRESENTATIVES CARTER, HENRY BURNS, CARMODY, FOIL, GUILLORY,
HARDY, HENRY, LABRUZZO, LANDRY, LIGI, MONICA, PEARSON,
RICHARD, RICHMOND, SMILEY, JANE SMITH, AND THIBAUT
SCHOOLS/BOARDS: Provides relative to the employment of the local public school
superintendent and the authority of the superintendent and the school board for
personnel matters
AN ACT1
To amend and reenact R.S. 17:54(B)(1)(a) and (b)(iii) and (iv) and (C) and 81(P), to enact2
R.S. 17:81(T) and (U), and to repeal R.S. 17:54(B)(1)(b)(v), relative to the powers,3
duties, functions, and responsibilities of city, parish, and other local public school4
boards; to provide relative to prohibitions on the involvement of members of local5
school boards in personnel matters; to provide for the responsibilities of local school6
superintendents and school boards for personnel matters; to provide for the vote7
required for hiring and removal of a local school superintendent; and to provide for8
related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 17:54(B)(1)(a) and (b)(iii) and (iv) and (C) and 81(P) are hereby11
amended and reenacted and R.S. 17:81(T) and (U) are hereby enacted to read as follows: 12
§54. Officers of boards, election; superintendents, qualifications, appointment and13
removal14
* * *15
B.(1)(a) Notwithstanding the provisions of R.S. 42:3, each city, parish, and16
other local public school board shall elect a superintendent of schools, having such17
qualifications as may be fixed by the State Board of Elementary and Secondary18
Education, for a period not to exceed four years, which period, however, may extend19
no longer than two years after the expiration of the term of office of the membership20 HLS 10RS-1511 REENGROSSED
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of the board electing the superintendent. The election of a superintendent of schools1
by a city, parish, or other local public school board shall require the favorable vote2
of a majority of the entire membership of the school board. A superintendent of3
schools shall not be required to be a qualified elector or a resident of the political4
subdivision comprising the school system in which he is to serve as superintendent.5
He shall be required to devote his entire time to the office of superintendent of6
schools.7
(b)8
* * *9
(iii) The superintendent shall be retained during the term of a contract; unless10
however, if the superintendent is found incompetent, unworthy, or inefficient or is11
found to have failed to fulfill the terms and performance objectives of his contract12
or to comply with school board policy, then the superintendent may be removed from13
office as provided by Subsection C of this Section. However, before Before the14
superintendent can be removed during the contract period, he shall have the right to15
written charges and a fair hearing before the board after reasonable written notice.16
(iv) The Subject to the approval of a majority of its entire membership, the17
board shall negotiate and offer the superintendent a new contract at the expiration of18
each existing contract unless a majority of the membership of the board votes at least19
ninety days prior to the termination of the existing contract against offering a new20
contract.21
* * *22
C.(1) A city, parish, or other local public school system superintendent found23
incompetent, inefficient, or unworthy shall be removable for such cause may be24
removed from office for cause prior to the expiration of his contract by a majority25
the concurring vote of at least two-thirds of the membership of the entire school26
board at any regular meeting or at any special meeting after due notice.27
(2) The provisions of this Subsection shall not be applicable to any person28
initially employed as a superintendent of schools by a city, parish, or other local29 HLS 10RS-1511 REENGROSSED
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public school board on or after July 1, 2005, or to any person who is a superintendent1
of schools of a city, parish, or other local public school system on July 1, 2005, and2
who is employed for a subsequent term as superintendent by the board.3
* * *4
§81. General powers of city, parish, and other local public school boards5
* * *6
P.(1) No board member shall act in an individual capacity without the7
authorization of the school board to use the authority of his office or position as a8
member of the school board, directly or indirectly, in a manner intended to interfere9
with, compel, or coerce any personnel decision, including the hiring, promotion,10
discipline, demotion, transfer, discharge, or assignment of work to any school11
employee. The superintendent, as the instructional leader of the district and its chief12
executive officer, shall have primary responsibility for personnel actions in the13
district. Each school board shall approve or disapprove employment of teachers and14
all other certified personnel from recommendations made by the superintendent15
regarding the hiring and placement of all personnel for which state certification is16
required. The superintendent shall make recommendations to the board in open17
public session at a meeting which has been properly noticed. Prior to the board18
voting in open session on the superintendent's recommendations, the board will19
provide opportunity for public comment.20
(2) No board member shall use the authority of his office or position as a21
member of the school board, directly or indirectly, in a manner intended to interfere22
with, compel, or coerce any school employee to make any decision concerning23
benefits, work assignment, or membership in any organization.24
(3) If a board member successfully defends himself against any allegation25
of a violation of this Subsection, the school board shall pay attorney fees and all26
other legal fees associated with his defense.27
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T. Notwithstanding the provisions of this Section, a city, parish, and other1
local public school board shall retain all authority given by law to such boards to2
prescribe the duties and fix the salaries of and hold tenure hearings for all employees3
of such boards, as applicable.4
U.(1) Notwithstanding any provision of law to the contrary, no member of5
a city, parish, or other local public school board shall be prohibited from requesting,6
in writing or in open or executive session of the board, the status of any personnel7
matter. The requirement that any such request be in writing or made during an open8
or executive session of the board shall not apply when the board member has9
knowledge of the possible or alleged commission of a crime by a school board10
employee. Notwithstanding any provision of law to the contrary, no member of a11
city, parish, or other local public school board shall be prohibited from providing12
information on due process, grievance procedures, hearings, and tenure to any13
constituent of the member upon the constituent's request. Notwithstanding any14
provision of law to the contrary, no member of a city, parish, or other local public15
school board shall be prohibited from seeking or providing information on other16
issues regarding the operation of schools.17
(2) The provisions of this Subsection are subject to other requirements of law18
relative to the confidentiality of information contained in an employee's personnel19
files.20
Section 2. R.S. 17:54(B)(1)(b)(v) is hereby repealed in its entirety.21
Section 3. This Act shall become effective January 1, 2011.22
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)]
Carter HB No. 942
Abstract: Provides relative to hiring and removal of a local school superintendent.
Provides relative to responsibilities of the local school board and the superintendent
for personnel matters. HLS 10RS-1511 REENGROSSED
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Present law (R.S. 17:54(B) and (C)) provides for the election of local school superintendents
by local public school boards and their employment pursuant to a written contract. Requires
the school board to negotiate and offer the superintendent a new contract at the expiration
of each existing contract unless a majority of the membership of the board votes against
offering a new contract. Provides that any local superintendent found incompetent,
inefficient, or unworthy shall be removable for such cause by a majority vote of the
membership of the school board.
Proposed law retains present law except as follows:
(1)Requires the favorable vote of a majority of the membership of the school board to
elect a superintendent.
(2)Specifies that negotiating and offering the superintendent a new contract shall be
subject to the approval of a majority of board membership and retains present law
providing that the vote of a majority of the board membership is required to decide
not to offer the superintendent a new contract.
(3)Provides that a local superintendent may be removed from office before his contract
expires for cause, rather than for being found incompetent, inefficient, or unworthy.
Requires 2/3 of the board membership to remove a superintendent.
Present law (R.S. 17:81(P)) specifies that no member of a local public school board shall act
in an individual capacity without the authorization of the school board to use the authority
of his office or position to compel any personnel decision regarding a school employee or
to compel any school employee to make any decision concerning benefits, work assignment,
or membership in any organization. Proposed law substantively retains present law but
removes the "without authorization of the school board" stipulation on the prohibition.
Provides that any action which interferes with such a decision is prohibited. Specifies that
personnel decisions also include hiring, demotion, and transfer.
Proposed law provides that the superintendent has primary responsibility for personnel
actions in the district and that the school board shall approve or disapprove employment of
teachers and other certified personnel from hiring and placement recommendations made by
the superintendent. Requires that the superintendent's recommendations be made in open
public session at a meeting which has been properly noticed and requires opportunity for
public comment on the recommendations. Provides that school boards retain all authority
given to them to prescribe the duties and fix the salaries of and hold tenure hearings for their
employees. Proposed law requires a school board to pay legal costs associated with the
defense of certain school board members.
Proposed law provides that no member of a local public school board is prohibited from
requesting, in writing or in open or executive session of the board, the status of any
personnel matter. Specifies that the requirement that the request be in writing or made
during an open or executive session of the board shall not apply when the board member has
knowledge of the possible or alleged commission of a crime by a school board employee.
Provides that school board members are not prohibited from providing information on due
process, grievance procedures, hearings, and tenure to any constituent of the member upon
the constituent's request or from seeking or providing information on other issues regarding
the operation of schools. Proposed law further provides that proposed law is subject to
present law relative to the confidentiality of information in an employee's personnel file.
Effective Jan. 1, 2011.
(Amends R.S. 17:54(B)(1)(a) and (b)(iii) and (iv) and (C) and 81(P); Adds R.S. 17:81(T) and
(U); Repeals R.S. 17:54(B)(1)(b)(v)) HLS 10RS-1511 REENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Deleted the proposed law prohibition on school board members using the
authority of their office to "interfere with" personnel decisions.
2. Permitted instead of required school boards to approve employment of teachers
and all other certified personnel recommended by the superintendent.
3. Added requirement that a school board pay legal costs associated with the
defense of certain school board members.
House Floor Amendments to the engrossed bill.
1. Relative to the prohibition on a school board member taking actions affecting a
personnel decision, removed present law qualification that such acts are
prohibited whether they are "direct or indirect". Further relative to such
prohibited actions, added interfering with as a prohibited action.
2. Relative to the prohibition on a school board member taking actions affecting a
school employee in his decision making, added interfering with as a prohibited
action.
3. Relative to school board approval of the employment of teachers and other
certified personnel recommended by the superintendent, required approval or
disapproval of such recommendations rather than permitting approval.
4. Relative to proposed law dealing with requests for and release of information,
added a statement that proposed law is subject to present law relative to the
confidentiality of information in an employee's personnel file.