ENROLLED
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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
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
of the board electing the superintendent. The election of a superintendent of schools21
by a city, parish, or other local public school board shall require the favorable vote22
of a majority of the entire membership of the school board. A superintendent of23
schools shall not be required to be a qualified elector or a resident of the political24 ENROLLEDHB NO. 942
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subdivision comprising the school system in which he is to serve as superintendent.1
He shall be required to devote his entire time to the office of superintendent of2
schools.3
(b)4
* * *5
(iii) The superintendent shall be retained during the term of a contract; unless6
however, if the superintendent is found incompetent, unworthy, or inefficient or is7
found to have failed to fulfill the terms and performance objectives of his contract8
or to comply with school board policy, then the superintendent may be removed from9
office as provided by Subsection C of this Section. However, before Before the10
superintendent can be removed during the contract period, he shall have the right to11
written charges and a fair hearing before the board after reasonable written notice.12
(iv) The Subject to the approval of a majority of its entire membership, the13
board shall negotiate and offer the superintendent a new contract at the expiration of14
each existing contract unless a majority of the membership of the board votes at least15
ninety days prior to the termination of the existing contract against offering a new16
contract.17
* * *18
C.(1) A city, parish, or other local public school system superintendent found19
incompetent, inefficient, or unworthy shall be removable for such cause may be20
removed from office for cause prior to the expiration of his contract by a majority21
the concurring vote of at least two-thirds of the membership of the entire school22
board at any regular meeting or at any special meeting after due notice.23
(2) The provisions of this Subsection shall not be applicable to any person24
initially employed as a superintendent of schools by a city, parish, or other local25
public school board on or after July 1, 2005, or to any person who is a superintendent26
of schools of a city, parish, or other local public school system on July 1, 2005, and27
who is employed for a subsequent term as superintendent by the board.28
* * *29 ENROLLEDHB NO. 942
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§81. General powers of city, parish, and other local public school boards1
* * *2
P.(1) No board member shall act in an individual capacity without the3
authorization of the school board to use the authority of his office or position as a4
member of the school board, directly or indirectly, in a manner intended to interfere5
with, compel, or coerce any personnel decision, including the hiring, promotion,6
discipline, demotion, transfer, discharge, or assignment of work to any school7
employee. The superintendent, as the instructional leader of the district and its chief8
executive officer, shall have primary responsibility for personnel actions in the9
district. Each school board shall approve or disapprove employment of teachers and10
all other certified personnel from recommendations made by the superintendent11
regarding the hiring and placement of all personnel for which state certification is12
required. The superintendent shall make recommendations to the board in open13
public session at a meeting which has been properly noticed. Prior to the board14
voting in open session on the superintendent's recommendations, the board shall15
provide opportunity for public comment.16
(2) No board member shall use the authority of his office or position as a17
member of the school board, directly or indirectly, in a manner intended to interfere18
with, compel, or coerce any school employee to make any decision concerning19
benefits, work assignment, or membership in any organization.20
(3) If a board member successfully defends himself against any allegation21
of a violation of this Subsection, the school board shall pay attorney fees and all22
other legal fees associated with his defense.23
* * *24
T. Notwithstanding the provisions of this Section, a city, parish, and other25
local public school board shall retain all authority given by law to such boards to26
prescribe the duties and fix the salaries of and hold tenure hearings for all employees27
of such boards, as applicable.28
U.(1) Notwithstanding any provision of law to the contrary, no member of29
a city, parish, or other local public school board shall be prohibited from requesting,30 ENROLLEDHB NO. 942
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in writing or in open or executive session of the board, the status of any personnel1
matter. The requirement that any such request be in writing or made during an open2
or executive session of the board shall not apply when the board member has3
knowledge of the possible or alleged commission of a crime by a school board4
employee. Notwithstanding any provision of law to the contrary, no member of a5
city, parish, or other local public school board shall be prohibited from providing6
information on due process, grievance procedures, hearings, and tenure to any7
constituent of the member upon the constituent's request. Notwithstanding any8
provision of law to the contrary, no member of a city, parish, or other local public9
school board shall be prohibited from seeking or providing information on other10
issues regarding the operation of schools.11
(2) The provisions of this Subsection are subject to other requirements of law12
relative to the confidentiality of information contained in an employe e's personnel13
files.14
Section 2. R.S. 17:54(B)(1)(b)(v) is hereby repealed in its entirety.15
Section 3. This Act shall become effective January 1, 2011.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: