HLS 12RS-128 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 632
BY REPRESENTATIVE CARTER
TEACHERS: Provides for applicability of teacher tenure laws
AN ACT1
To amend and reenact R.S. 17:45(A)(introductory paragraph) and to enact Subpart G of Part2
II of Chapter 2 of Title 17 of the Louisiana Revised Statutes of 1950, to be3
comprised of R.S. 17:551, relative to teacher tenure; to provide for applicability of4
certain teacher tenure provisions; to provide definitions; to provide for effectiveness;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:45(A)(introductory paragraph) is hereby amended and reenacted8
and Subpart G of Part II of Chapter 2 of Title 17 of the Louisiana Revised Statutes of 1950,9
comprised of R.S. 17:551, is hereby enacted to read as follows: 10
§45. Probation and tenure of teachers in special schools 11
A. As used in this Subpart, the word "teacher" means any certified employee12
in a special school hired prior to July 1, 2012, who holds a teacher's certificate and13
whose legal employment requires certification under the regulations of the board or14
of any certification authority established by law. A teacher shall be entitled to tenure15
benefits as follows: 16
* * *17
SUBPART G. APPLICABILITY18
§551. Applicability19
A. The provisions of R.S. 17:441 through 471 shall not apply to any teacher20
hired on or after July 1, 2012.21 HLS 12RS-128 ORIGINAL
HB NO. 632
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B. For purposes of this Section, the term "teacher" shall mean any employee1
of a city, parish, or other local public school board or the Department of Public2
Safety and Corrections who holds a valid Louisiana teaching certificate issued by the3
state Department of Education and whose legal employment requires such teaching4
certificate.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
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. 632
Abstract: Provides that present law relative to teacher tenure shall not apply to any teacher
hired on or after July 1, 2012.
Present law (applicable to teachers in general, including teachers in special schools and state
institutions) requires each teacher to serve a probationary term of three years. Authorizes
the dismissal of any probationary teacher upon written recommendation of the
superintendent or other employer, as applicable, accompanied by valid reasons therefor.
Provides that any teacher found unsatisfactory at the expiration of the probationary term
shall be notified in writing by the school board or other employer, as applicable, that he has
been dismissed. Provides that in the absence of such notification, the teacher shall
automatically become a regular and permanent teacher where he successfully served his
three-year probationary term.
Present law provides that if a teacher is promoted to a higher position prior to completing
the three-year probationary period, then the probationary period shall continue and at the end
of such period the teacher shall automatically acquire permanent status in the previously held
position of teacher. Further provides that when a person is employed (in a local system or
special school) to take a higher salaried position than that paid to a teacher in the system and
such employment requires a teaching certificate or any appropriate
administrative/supervisory endorsement, or both, such person shall automatically acquire
permanent status in the position of teacher after successful completion of three years of
service in the position for which he was hired provided he is qualified to teach.
Present law provides relative to causes for removal from office of permanent teachers.
Provides due process for such removal including legal hearings.
Proposed law retains present law for all teachers hired prior to July 1, 2012. Proposed law
specifies that present law shall not apply to any teacher hired on or after July 1, 2012, and
defines "teacher" as any employee of a city, parish, or other local public school board or the HLS 12RS-128 ORIGINAL
HB NO. 632
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Dept. of Public Safety and Corrections who holds a valid La. teaching certificate issued by
the state Dept. of Education and whose legal employment requires such teaching certificate.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:45(A)(intro. para.); Adds R.S. 17:551)