ENROLLED
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ACT No. 1
Regular Session, 2012
HOUSE BILL NO. 974
BY REPRESENTATIVES CARTER, KLECKLEY, BROADWATER, CHAMPAGNE,
CONNICK, HENRY, HENSGENS, LIGI, LORUSSO, PONTI, ROBIDEAUX,
SCHRODER, SEABAUGH, TALBOT, AND THOMPSON AND SENATORS
ALARIO AND APPEL
AN ACT1
To amend and reenact R.S. 17:54(B)(1)(b)(i) and (iii), 81(A) and (P)(1), 81.4, 229, 414.1,2
441, 442, 443, and 444(B)(1), to enact R.S. 17:418 and 532(C), and to repeal R.S.3
17:44, 45, 81(I), 154.2, 235.1(E), 346.1, 419, 419.1, 420, 421, 421.1, 421.2, 421.3,4
421.5, 422, 422.1, 422.2, 422.3, 422.4, 422.5, 431, 444(A) and (B)(2) and (3), 446,5
461 through 464, and 1207, relative to elementary and secondary education; to6
provide with respect to teachers and other school employees; to provide with respect7
to local school superintendents, their employment, and their duties and8
responsibilities; to provide relative to local school boards and their functions and9
powers; to provide relative to school personnel decisions; to provide relative to10
school board reduction in force policies; to provide with respect to the salaries and11
compensation of teachers and other school employees; to provide relative to tenure12
for school employees and the removal of tenured and nontenured teachers; to provide13
for effectiveness; and to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 17:54(B)(1)(b)(i) and (iii), 81(A) and (P)(1), 81.4, 229, and 414.116
are hereby amended and reenacted to read as follows:17
§54. Officers of boards, election; superintendents, qualifications, appointment and18
removal.19
* * *20
B.(1)21
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(b)(i)(aa) The superintendent of schools shall be employed by a city, parish,1
or other local public school board pursuant to a written contract. Such contract shall2
contain but need not be limited to specific performance objectives. However, for the3
board of a local public school system that received any variation of a school4
performance letter grade of "C", "D", or "F", such contract shall establish5
performance targets at the school and district level as follows: (1) student6
achievement; (2) student achievement for schools that have received any variation7
of a school performance letter grade designation of "C", "D", or "F"; (3) graduation8
rates; (4) graduation rates for schools that have received any variation of a school9
performance letter grade designation of "C", "D", or "F"; and (5) the percentage of10
teachers with an "effective" or "highly effective" performance rating. Not less than11
ninety thirty days prior to the termination of such a contract, the school board shall12
notify the superintendent of termination of employment under such contract, or in13
lieu thereof the board and the superintendent may negotiate and enter into a contract14
for subsequent employment.15
(bb) Each local public school board shall submit a copy of its current16
employment contract with the superintendent of schools to the state superintendent17
of education.18
(cc) A local public school board shall notify the state superintendent of19
education any time it terminates or fails to renew its employment contract with the20
local school superintendent, along with the reasons therefor.21
(dd) Any employment contract executed, negotiated, or renegotiated after22
July 1, 2012, between a local school board and a superintendent that does not meet23
the requirements established in this Subsection shall be null and void.24
* * *25
(iii) The superintendent shall be retained during the term of a contract;26
however, if the superintendent is found incompetent, unworthy, or inefficient or is27
found to have failed to fulfill the terms and performance objectives of his contract28
or to comply with school board policy, then the superintendent may shall be removed29
from office as provided by Subsection C of this Section. Before the superintendent30 ENROLLEDHB NO. 974
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can be removed during the contract period, he shall have the right to written charges1
and a fair hearing before the board after reasonable written notice.2
* * *3
§81. General powers of city, parish, and other local public school boards4
A.(1) Each local public school board shall serve in a policymaking capacity5
that is in the best interests of all students enrolled in schools under the board's6
jurisdiction. When establishing board policies, each board shall prioritize student7
achievement, financial efficiency, and workforce development on a local, regional,8
and statewide basis. When choosing a local superintendent of schools, each board9
shall select a leader who shall prioritize student achievement and act in the best10
interests of all students enrolled in schools under the board's jurisdiction.11
(2) Each city and parish local public school board shall determine the12
number of schools to be opened, the location of school houses, and the number of13
teachers and other school personnel to be employed , and select teachers and all other14
certified personnel from recommendations made by the city or parish superintendent15
as required by this Subsection. The boards local school superintendent shall have16
authority to employ teachers by the month or by the year, and to fix their salaries;17
provided that there shall be no discrimination as to sex in the fixing thereof and18
provided further, that it is not the purpose of this Section to require or direct the19
reduction of any salary, or salary schedule, presently in force. The boards local20
school superintendent shall see that the provisions of the state school law are21
complied with.22
(2) (3) Each city and parish local public school board shall select teachers23
and all other certified personnel from recommendations made by the city or parish24
superintendent regarding delegate authority for the hiring and placement of all school25
personnel, including those for which state certification is required to the local school26
superintendent. It shall be the responsibility of the superintendent to ensure that all27
persons recommended have proper certification, as applicable, and are qualified for28
the position. Nothing shall prevent a school board from rejecting the29 ENROLLEDHB NO. 974
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recommendations made by the superintendent and requiring the superintendent to1
submit additional recommendations.2
(3) (4) Each city and parish local public school board shall adopt policies for3
and establish procedures which require a city or parish local school superintendent4
to:5
(a) Consult with Delegate to the principal regarding any recommendations6
made by the superintendent for all decisions regarding the hiring or placement of any7
teacher or other certified personnel at the school in which the principal is employed ,8
subject to the approval of the local school superintendent. Any recommendations9
made by the principal shall not be binding upon the superintendent but shall be10
considered by the superintendent in making his recommendations to the board.11
(b) Consult with teachers regarding any recommendations made by the12
superintendent for prior to making any decisions regarding the hiring or placement13
of a principal at the school in which such teachers are employed. Any14
recommendations made by teachers shall not be binding upon the superintendent but15
shall be considered by the superintendent in when making his recommendations to16
the board employment decisions.17
(4) (5) Any policies and procedures adopted by a city or parish local public18
school board pursuant to the provisions of this Subsection shall be in accordance19
with all laws, all state rules, regulations, and policies relative to certification of20
teachers and other personnel, and any court order or restrictions relative to21
desegregation.22
(6) The superintendent and the school principal shall make all employment-23
related decisions based upon performance, effectiveness, and qualifications as24
applicable to each specific position. Effectiveness, as determined pursuant to R.S.25
17:3881 through 3905, shall be used as the primary criterion for making personnel26
decisions; however, in no case shall seniority or tenure be used as the primary27
criterion when making decisions regarding the hiring, assignment, or dismissal of28
teachers and other school employees.29
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P.(1) No board member shall act in an individual capacity to use the1
authority of his office or position as a member of the school board in a manner2
intended to interfere with, compel, or coerce any personnel decision made by the3
superintendent or a school principal, including the hiring, promotion, discipline,4
demotion, transfer, discharge, or assignment of work to any school employee. The5
superintendent, as the instructional leader of the district and its chief executive6
officer, shall have primary responsibility for personnel actions in the district. Each7
school board shall approve or disapprove employment of teachers and all other8
certified personnel from recommendations made by the superintendent regarding the9
hiring and placement of all personnel for which state certification is required. The10
superintendent shall make recommendations to the board in open public session at11
a meeting which has been properly noticed. Prior to the board voting in open session12
on the superintendent's recommendations, the board shall provide opportunity for13
public comment.14
* * *15
§81.4. Reductions in force; dismissal of teachers and other school employees16
A. Not later than January 1st, 1984 September 1, 2012, each city and parish17
local public school board shall develop and adopt rules and policies that delegate18
reduction in force decisions to the superintendent which it he shall use in dismissing19
teachers and other employees at any time a reduction in force is instituted by such20
school board. Such rules and policies shall be made available for inspection by21
teachers, other school employees, and the general public within ten days after final22
adoption.23
B. Not later than January 1st, 1986, each city and parish school board shall24
develop and adopt rules and policies which it shall use in dismissing any full-time25
secretary, teacher's aide, school clerk, or custodian at any time a reduction in force26
is instituted by that school board. These rules and policies shall be made available27
for inspection, by any full-time secretary, teacher's aide, school clerk, or custodian,28
and the general public within ten days after their final adoption.29 ENROLLEDHB NO. 974
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C. Not later than January 1, 1987, each city and parish school board shall1
develop and adopt rules and policies which it shall use in dismissing school2
employees other than those for which provision is made in Subsections (A) and (B),3
at any time a reduction in force is instituted by the school board. Such rules and4
policies shall be made available for inspection by any such school employee and the5
general public within ten days after their final adoption.6
B. All reduction in force policies adopted for use in dismissing teachers and7
administrators shall be based solely upon demand, performance, and effectiveness,8
as determined by the performance evaluation program as provided in R.S. 17:38819
through 3905. Any reduction in force by a superintendent shall be instituted by10
dismissing the least effective teacher within each targeted subject area or area of11
certification first, and then proceeding by effectiveness rating until the reduction in12
force has been accomplished.13
C. All reduction in force policies adopted by a local school board for use by14
the superintendent in dismissing school employees who are not evaluated pursuant15
to R.S. 17:3881 through 3905, shall be based upon the following criteria:16
(1) Performance and effectiveness as determined by school board policy.17
(2) Certification or academic preparation, if applicable.18
D. Not later than January 1, 1996, all All reduction in force policies of the19
city and parish local public school boards and special schools as provided in this20
Section shall include but not be limited to the following minimum standards:21
(1) Certification, if applicable.22
(2) Seniority in the system.23
(3) Tenure of employees.24
(4) Academic preparation, if applicable, within the employee's field.25
(5) (a) (1) The right of an employee notified of an action which results from26
implementation of a reduction in force policy to request in writing a review of such27
action and to receive notice of the results of such review.28
(b) (2) The right of an employee to pursue the matter through the school29
board's adopted grievance procedure.30 ENROLLEDHB NO. 974
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E. No reduction in force policy adopted by a local public school board shall1
include seniority or tenure as the primary criterion to be considered when instituting2
a reduction in force.3
* * *4
§229. Appointment of visiting teachers, or supervisors of child welfare and5
attendance 6
The appointment of parish and city local school superintendent shall appoint7
visiting teachers, or and supervisors of child welfare and attendance, shall be made8
by the parish or city school board upon the recommendation of the parish or city9
superintendent of education; but no person shall be so recommended or so appointed10
unless certified by the state board of education. It shall be the duty of the parish or11
city superintendent of education to nominate for the consideration of the school12
board the person or persons whom he judges to be properly certified and the best13
qualified and most competent. 14
Visiting teachers, or supervisors of child welfare and attendance, need not be15
qualified electors or residents of the parish or city in which they are appointed to16
serve. 17
* * *18
§414.1. Public elementary and secondary school principals; duties 19
The principal appointed by the parish or city school board for each public20
elementary and secondary school shall serve, be appointed by and serve under the21
overall direction of the parish or city local superintendent of schools, as the22
administrative officer of the school to which he is assigned. Consistent with the23
requirements of law and the rules and regulations of the State Board of Elementary24
and Secondary Education and the parish or city local public school board by which25
he is employe d, he shall have administrative responsibility for the direction and26
supervision of the personnel and activities and the administration of the affairs of27
that school.28
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Section 2. R.S. 17:418 is hereby enacted to read as follows: 1
§418. Salaries; teachers and other school employees2
A.(1) The governing authority of each local public elementary and secondary3
school, the state special schools, and the schools and programs administered through4
the special school district shall establish salary schedules by which to determine the5
salaries to be paid to teachers and all other school employees. The salaries as6
provided therein shall be considered as full compensation for all work required and7
performed within each employee's prescribed scope of duties and responsibilities.8
(2) Such salary schedules shall be established and published not later than9
January 1, 2013, and shall become effective for all employees not later than the10
beginning of the 2013-2014 school year.11
B.(1) Salary schedules established for teachers, administrators, and other12
certified school personnel shall be based upon the following criteria, with no one13
criterion accounting for more than fifty percent of the formula used to compute such14
employees' salaries:15
(a) Effectiveness, as determined by the performance evaluation program as16
provided in R.S. 17:3881 through 3905.17
(b) Demand inclusive of area of certification, particular school need,18
geographic area, and subject area, which may include advanced degree levels.19
(c) Experience.20
(2) No teacher or administrator who is rated "ineffective" pursuant to the21
performance evaluation program as provided in R.S. 17:3881 through 3905 shall22
receive a higher salary in the year following the evaluation than he received in the23
year of the evaluation.24
C.(1) The amount of the annual salary paid to a teacher or other school25
employee in any school year shall not be reduced below the amount of such salary26
paid during the previous school year, nor shall the amount of the annual salary paid27
to such school personnel be reduced at any time during an academic year. 28
(2) Each vocational agricultural teacher employed by a city, parish, or other29
local public school board shall teach a twelve-month program for a twelve-month30 ENROLLEDHB NO. 974
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budget period and shall be paid a proportional salary for a twelve-month budget1
period according to the salary schedule established by his employing school board.2
(3) The limitations on the reduction in the amount of the annual salary paid3
to teachers and other school employees shall not be applicable to:4
(a) The correction of any accounting errors or to a reduction necessitated by5
the elimination of a state program or state funding. 6
(b) The reduction of any local salary supplement funded, in whole or in part,7
from a revenue source requiring voter approval when such voter approval has not8
been obtained.9
(c) A teacher or other school employee who has been promoted to a position10
of higher salary is demoted in accordance with applicable law and local board or11
special school district policy to a lower position. In such case, the teacher or other12
school employee shall return to the salary previously received in the lower position13
from which he was promoted.14
D. The provisions of this Section shall not apply to any employee who is in15
the classified service of the state.16
Section 3. R.S. 17:441, 442, 443, and 444(B)(1) are hereby amended and reenacted17
and R.S. 17:532(C) is hereby enacted to read as follows: 18
§441. Definitions19
As used in this Subpart, the word "teacher" means: 20
(1) Any employee of any parish or city a local public school board, state21
special school, or a school or program administered by the special school district22
who holds a teacher's certificate and whose legal employment requires such teacher's23
certificate; 24
(2) Any school lunch supervisor employed by a parish or city local public25
school board who holds a special parish school lunch supervisor's certificate issued26
by the department Department of education Education of the state of Louisiana and27
whose employment requires such certificate. No employee as defined in this28
Paragraph hired on or after July 1, 2012, shall be eligible to acquire tenure.29 ENROLLEDHB NO. 974
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§442. Probation and tenure of parish or city school teachers Tenure1
Each teacher shall serve a probationary term of three years to be reckoned2
from the date of his first appointment in the parish or city in which the teacher is3
serving his probation. During the probationary term the parish or city school board,4
as the case may be, may dismiss or discharge any probationary teacher upon the5
written recommendation of the parish or city superintendent of schools, as the case6
may be, accompanied by valid reasons therefor.7
Any teacher found unsatisfactory by the parish or city school board, as the8
case may be, at the expiration of the said probationary term, shall be notified in9
writing by the board that he has been discharged or dismissed; in the absence of such10
notification, such probationary teacher shall automatically become a regular and11
permanent teacher in the employ of the school board of the parish or city, as the case12
may be, in which he has successfully served his three year probationary term; all13
teachers in the employ of any parish or city school board as of July 31, 1946 who14
hold proper certificates and who have served satisfactorily as teachers in that parish15
or city for more than three consecutive years, are declared to be regular and16
permanent teachers in the employ of the school board of that parish or city.17
A.(1)(a) A teacher who has acquired tenure before September 1, 2012,18
retains tenure and is subject to the provisions of this Section.19
(b) Effective beginning on July 1, 2012, a teacher rated "highly effective"20
for five years within a six-year period pursuant to the performance evaluation21
program as provided in R.S. 17:3881 through 3905 shall be granted tenure.22
(2) A teacher paid with federal funds shall not be eligible to acquire tenure,23
nor shall time spent in employment paid with federal funds be counted toward the24
time required for acquisition of tenure.25
B. The school superintendent shall notify a teacher, in writing, when tenure26
has been awarded and the teacher is deemed to have acquired tenure on the date27
specified therein. A teacher who is not awarded tenure remains an at-will employee28
of the public school board or the special school district but shall acquire tenure upon29
meeting the criteria established in Subsection A of this Section.30 ENROLLEDHB NO. 974
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C.(1) Beginning with the 2013-2014 school year, a tenured teacher who1
receives a performance rating of "ineffective" pursuant to the performance evaluation2
program as provided in R.S. 17:3881 through 3905 shall immediately lose his tenure3
and all rights related thereto. If a teacher is rated "highly effective" based on the4
evidence of the growth portion of the evaluation but is rated "ineffective" according5
to the observation portion, within thirty days after such finding, the teacher shall be6
entitled to a second observation by members of a team of three designees, chosen by7
the local superintendent, which shall not include the principal.8
(2) Such teacher shall reacquire tenure if any of the following applies:9
(a) The teacher's "ineffective" performance rating is reversed pursuant to the10
grievance procedure established pursuant to R.S. 17:3883(A)(5). In such case, the11
teacher's tenure shall be immediately reinstated.12
(b) The teacher receives a performance rating of "highly effective" for five13
years within a six-year period subsequent to receiving an "ineffective" rating as14
provided in Subsection A of this Section.15
§443. Removal of teachers; procedure; right to appeal 16
A. The school superintendent may terminate the employment of any17
nontenured teacher after providing such teacher with the written reasons therefor and18
providing the teacher the opportunity to respond. The teacher shall have seven days19
to respond, and such response shall be included in the teacher's personnel file.20
A.B.(1) A permanent teacher with tenure shall not be removed from office21
except upon written and signed charges of poor performance, willful neglect of duty,22
or incompetency, dishonesty, or immorality, or of being a member of or contributing23
to any group, organization, movement, or corporation that is by law or injunction24
prohibited from operating in the state of Louisiana, and then only if found guilty25
after furnished with a copy of such written charges and given the opportunity to26
respond. The teacher shall have seven days to respond, and such response shall be27
included in the teacher's personnel file. At the end of this seven-day time period, the28
superintendent may terminate the teacher's employmen t. A teacher shall not be29
terminated for an "ineffective" performance rating until completion of the grievance30 ENROLLEDHB NO. 974
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procedure established pursuant to R.S. 17:3883(A)(5) if a grievance was timely filed.1
Within seven days after dismissal, a teacher may request and upon request shall be2
granted a hearing by the school board of the parish or city, as the case may be a panel3
composed of a designee of the superintendent, a designee of the principal or the4
administrative head of the state special school in which the teacher was employed,5
and a designee of the teacher. In no case shall the superintendent, the principal or6
state special school administrative head, or teacher designate an immediate family7
member or any full-time employee of the school system by which the teacher was8
employed who is under the supervision of the person making the designation. Such,9
which hearing may be private or public, at the option of the teacher, At least twenty10
days in advance of the date of the hearing, the superintendent with approval of the11
school board shall furnish the teacher with a copy of the written charges. Such12
statement of charges shall include a complete and detailed list of the specific reasons13
for such charges and shall include but not be limited to the following: date and place14
of alleged offense or offenses, names of individuals involved in or witnessing such15
offense or offenses, names of witnesses called or to be called to testify against the16
teacher at said hearing, and whether or not any such charges previously have been17
brought against the teacher and shall begin within seven business days after receipt18
of the teacher's request for such hearing. The teacher shall have the right to appear19
before the board tenure hearing panel with witnesses in on his behalf and with20
counsel of his selection, all of whom shall be heard by the board panel at said the21
hearing. For the purpose of conducting hearings hereunder, the board panel shall22
have the power to issue subpoenas to compel the attendance of all witnesses on23
behalf of the teacher. Nothing herein contained shall impair the right of appeal to24
to seek supervisory review from a court of competent jurisdiction.25
B. (2) If a permanent teacher is found guilty by a school board , after due and26
legal hearing as provided herein, on charges of willful neglect of duty, or of27
incompetency, dishonesty, or immorality, or of being a member of or contributing28
to any group, organization, movement, or corporation that is by law or injunction29
prohibited from operating in the state of Louisiana, and ordered removed from office,30 ENROLLEDHB NO. 974
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or disciplined by the board, the superintendent with approval of the board shall1
furnish to the teacher a written statement of recommendation of removal or2
discipline, which shall include but not be limited to the exact reason(s), offense(s),3
or instance(s) upon which the recommendation is based. The tenure hearing panel4
shall submit its recommendation to the superintendent, and the superintendent may5
choose to reinstate the teacher. If the superintendent does not reinstate the teacher,6
the superintendent shall notify the teacher of his final determination, in writing, and7
Such such teacher may, not more than one year sixty days from the date of the said8
finding, postmarked date of such written notification, petition a court of competent9
jurisdiction for a full hearing to review whether the action of the school board10
superintendent, and the was arbitrary or capricious. The court shall have jurisdiction11
to affirm or reverse the action of the school board superintendent in the matter. The12
record on review shall be limited to evidence presented to the tenure hearing panel,13
and the court shall review the matter not later than ten days after the petition has14
been filed. If the finding action of the school board superintendent is reversed by the15
court and the teacher is ordered reinstated and restored to duty, the teacher shall be16
entitled to full pay for any loss of time or salary he or she may have sustained by17
reason of the action of the said school board superintendent.18
C. For the purposes of this Section, immorality shall mean any conviction19
of a felony offense affecting the public morals enumerated in Part V of Chapter 1 of20
Title 14 of the Louisiana Revised Statutes of 1950.21
D. For purposes of this Section, the results of a teacher's evaluation22
performed pursuant R.S. 17:3881 through 3905 evaluating the teacher's performance23
as "ineffective" shall constitute sufficient proof of poor performance, incompetence,24
or willful neglect of duty and no additional documentation shall be required to25
substantiate such charges.26
§444. Promotions to and employment into positions of higher salary and tenure27
* * *28
B.(1) Whenever a teacher who has acquired permanent status tenure, as set29
forth in R.S. 17:442, in a parish or city local public school system or the special30 ENROLLEDHB NO. 974
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school district is promoted by the employing school board superintendent by moving1
such teacher from a position of lower salary to one of higher salary, such teacher2
shall not gain permanent status be eligible to earn tenure in the position to which he3
is promoted, but shall retain permanent status any tenure acquired as a teacher,4
pursuant to R.S. 17:442.5
* * *6
§532. Probationary term and tenure 7
* * *8
C. No employee, as defined in R.S. 17:531, hired on or after July 1, 2012,9
shall be eligible to acquire permanent status.10
Section 4. R.S. 17:44, 45, 81(I), 154.2, 235.1(E), 346.1, 419, 419.1, 420, 421, 421.1,11
421.2, 421.3, 421.5, 422, 422.1, 422.2, 422.3, 422.4, 422.5, 431, 444(A) and (B)(2) and (3),12
446, 461 through 464, and 1207 are hereby repealed in their entirety.13
Section 5. This Act shall become effective on July 1, 2012; if vetoed by the governor14
and subsequently approved by the legislature, this Act shall become effective on July 1,15
2012, or on the day following such approval by the legislature, whichever is later.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: