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Regular Session, 2012
SENATE BILL NO. 603
BY SENATORS APPEL AND ALARIO AND REPRESENTATIVES CARTER AND
KLECKLEY
TEACHERS. Provides with respect to teachers and other school employees. (7/1/12)
AN ACT1
To amend and reenact R.S. 17:54(B)(1)(b)(i) and (iii), 81(A), and (P)(1), 81.4, 229, and2
414.1, 441, 442, 443, 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 employe es and the removal of tenured and non-tenured teachers; to13
provide 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 SB NO. 603
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§54. Officers of boards, election; superintendents, qualifications, appointment and1
removal2
* * *3
B.(1)4
* * *5
(b)(i)(aa) The superintendent of schools shall be employed by a city, parish,6
or other local public school board pursuant to a written contract. Such contract shall7
contain but need not be limited to specific performance objectives. However, for the8
board of a local public school system that received any variation of a school9
performance letter grade of "C", "D", or "F", such contract shall establish10
performance targets at the school and district level as follows: (1) student11
achievement; (2) student achievement for schools that have received any12
variation of a school performance letter grade designation of "C", "D", or "F";13
(3) graduation rates; (4) graduation rates for schools that have received any14
variation of a school performance letter grade designation of "C", "D", or "F";15
and (5) the percentage of teachers with an "effective" or "highly effective"16
performance rating. Not less than ninety thirty days prior to the termination of17
such a contract, the school board shall notify the superintendent of termination of18
employment under such contract, or in lieu thereof the board and the superintendent19
may negotiate and enter into a contract for subsequent employment.20
(bb) Each local public school board shall submit a copy of its current21
employment contract with the superintendent of schools to the state22
superintendent of education.23
(cc) A local public school board shall notify the state superintendent of24
education any time it terminates or fails to renew its employment contract with25
the local school superintendent, along with the reasons therefor.26
(dd) Any employment contract between a local school board and a27
superintendent that does not meet the requirements established in this28
Subsection shall not be considered valid.29 SB NO. 603
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* * *1
(iii) The superintendent shall be retained during the term of a contract;2
however, if the superintendent is found incompetent, unworthy, or inefficient or is3
found to have failed to fulfill the terms and performance objectives of his contract4
or to comply with school board policy, then the superintendent may shall be5
removed from office as provided by Subsection C of this Section. Before the6
superintendent can be removed during the contract period, he shall have the right to7
written charges and a fair hearing before the board after reasonable written notice.8
* * *9
§81. General powers of city, parish, and other local public school boards10
A.(1) Each local public school board shall serve in a policy making11
capacity that is in the best interests of all students enrolled in schools under the12
board's jurisdiction. When establishing board policies, each board shall13
prioritize student achievement, financial efficiency, and workforce development14
on a local, regional, and statewide basis. When choosing a local superintendent15
of schools, each board shall select a leader who shall prioritize student16
achievement and act in the best interests of all students enrolled is school's17
under the board's jurisdiction.18
(2) Each city and parish local public school board shall determine the19
number of schools to be opened, the location of school houses, and the number of20
teachers and other school personnel to be employed , and select teachers and all21
other certified personnel from recommendations made by the city or parish22
superintendent as required by this Subsection. The boards local school23
superintendent shall have authority to employ teachers by the month or by the year,24
and to fix their salaries; provided that there shall be no discrimination as to sex in the25
fixing thereof and provided further, that it is not the purpose of this Section to26
require or direct the reduction of any salary, or salary schedule, presently in force.27
The boards local school superintendent shall see that the provisions of the state28
school law are complied with.29 SB NO. 603
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(2) (3) Each city and parish local public school board shall select teachers1
and all other certified personnel from recommendations made by the city or parish2
superintendent regarding delegate authority for the hiring and placement of all3
school personnel, including those for which state certification is required to the4
local school superintendent. It shall be the responsibility of the superintendent to5
ensure that all persons recommended have proper certification, as applicable, and6
are qualified for the position. Nothing shall prevent a school board from rejecting the7
recommendations made by the superintendent and requiring the superintendent to8
submit additional recommendations.9
(3) (4) Each city and parish local public school board shall adopt policies for10
and establish procedures which require a city or parish local school superintendent11
to:12
(a) Consult with Delegate to the principal regarding any recommendations13
made by the superintendent for all decisions regarding the hiring or placement of14
any teacher or other certified personnel at the school in which the principal is15
employed , subject to the approval of the local school superintendent. Any16
recommendations made by the principal shall not be binding upon the superintendent17
but shall be considered by the superintendent in when making his recommendations18
to the board employment decisions.19
(b) Consult with teachers regarding any recommendations made by the20
superintendent for prior to making any decisions regarding the hiring or21
placement of a principal at the school in which such teachers are employed. Any22
recommendations made by teachers shall not be binding upon the superintendent but23
shall be considered by the superintendent in when making his recommendations to24
the board employment decisions.25
(4) (5) Any policies and procedures adopted by a city or parish local public26
school board pursuant to the provisions of this Subsection shall be in accordance27
with all laws, all state rules, regulations, and policies relative to certification of28
teachers and other personnel, and any court order or restrictions relative to29 SB NO. 603
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desegregation.1
(6) The superintendent and the school principal shall make all2
employment related decisions based upon performance, effectiveness, and3
qualifications as applicable to each specific position. Effectiveness, as4
determined pursuant to R.S. 17:3881 through 3905, shall be used as the primary5
criterion for making personnel decisions. However, in no case shall seniority be6
used as the primary criterion when making decisions regarding the hiring,7
assignment, or dismissal of teachers and other school employees.8
* * *9
P.(1) No board member shall act in an individual capacity to use the authority10
of his office or position as a member of the school board in a manner intended to11
interfere with, compel, or coerce any personnel decision made by the12
superintendent or a school principal, including the hiring, promotion, discipline,13
demotion, transfer, discharge, or assignment of work to any school employee. The14
superintendent, as the instructional leader of the district and its chief executive15
officer, shall have primary responsibility for personnel actions in the district. Each16
school board shall approve or disapprove employment of teachers and all other17
certified personnel from recommendations made by the superintendent regarding the18
hiring and placement of all personnel for which state certification is required. The19
superintendent shall make recommendations to the board in open public session at20
a meeting which has been properly noticed. Prior to the board voting in open session21
on the superintendent's recommendations, the board shall provide opportunity for22
public comment.23
* * *24
§81.4. Reductions in force; dismissal of teachers and other school employees25
A. Not later than January 1st, 1984 September 1, 2012, each city and parish26
local public school board shall develop and adopt rules and policies that delegate27
reduction in force decisions to the superintendent which it he shall use in28
dismissing teachers and other employees at any time a reduction in force is29 SB NO. 603
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instituted by such school board. Such rules and policies shall be made available for1
inspection by teachers, other school employees and the general public within ten2
days after final adoption.3
B. Not later than January 1st, 1986, each city and parish school board shall4
develop and adopt rules and policies which it shall use in dismissing any full-time5
secretary, teacher's aide, school clerk, or custodian at any time a reduction in force6
is instituted by that school board. These rules and policies shall be made available7
for inspection, by any full-time secretary, teacher's aide, school clerk, or custodian,8
and the general public within ten days after their final adoption.9
C. Not later than January 1, 1987, each city and parish school board shall10
develop and adopt rules and policies which it shall use in dismissing school11
employees other than those for which provision is made in Subsections (A) and (B),12
at any time a reduction in force is instituted by the school board. Such rules and13
policies shall be made available for inspection by any such school employee and the14
general public within ten days after their final adoption.15
B. All reduction in force policies adopted for use in dismissing teachers16
and administrators shall be based solely upon demand, performance, and17
effectiveness, as determined by the performance evaluation program as18
provided in R.S. 17:3881 through 3905. Any reduction in force by a local school19
board shall be instituted by dismissing the least effective teacher within each20
targeted subject area or area of certification first, and then proceeding by21
effectiveness rating until the reduction in force has been accomplished.22
C. All reduction in force policies adopted by a local school board for use23
by the superintendent in dismissing school employees who are not evaluated24
pursuant to R.S. 17:3881 through 3905, shall be based upon the following25
criteria:26
(1) Performance and effectiveness as determined by school board policy.27
(2) Certification or academic preparation, if applicable.28
D. Not later than January 1, 1996, all All reduction in force policies of the29 SB NO. 603
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city and parish local public school boards and special schools as provided in this1
Section shall include but not be limited to the following minimum standards:2
(1) Certification, if applicable.3
(2) Seniority in the system.4
(3) Tenure of employees.5
(4) Academic preparation, if applicable, within the employee's field.6
(5) (a) (1) The right of an employee notified of an action which results from7
implementation of a reduction in force policy to request in writing a review of such8
action and to receive notice of the results of such review.9
(b) (2) The right of an employee to pursue the matter through the school10
board's adopted grievance procedure.11
E. No reduction in force policy adopted by a local public school board12
shall include seniority as a factor to be considered when instituting a reduction13
in force.14
* * *15
§229. Appointment of visiting teachers, or supervisors of child welfare and16
attendance17
The appointment of parish and city local school superintendent shall18
appoint visiting teachers, or and supervisors of child welfare and attendance , shall19
be made by the parish or city school board upon the recommendation of the parish20
or city superintendent of education; but no person shall be so recommended or so21
appointed unless certified by the state board of education. It shall be the duty of the22
parish or city superintendent of education to nominate for the consideration of the23
school board the person or persons whom he judges to be properly certified and the24
best qualified and most competent.25
Visiting teachers, or supervisors of child welfare and attendance, need not be26
qualified electors or residents of the parish or city in which they are appointed to27
serve.28
* * *29 SB NO. 603
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§414.1. Public elementary and secondary school principals; duties1
The principal appointed by the parish or city school board for each public2
elementary and secondary school shall serve, be appointed by and serve under the3
overall direction of the parish or city local superintendent of schools, as the4
administrative officer of the school to which he is assigned. Consistent with the5
requirements of law and the rules and regulations of the State Board of Elementary6
and Secondary Education and the parish or city local public school board by which7
he is employed, he shall have administrative responsibility for the direction and8
supervision of the personnel and activities and the administration of the affairs of9
that school.10
* * *11
Section 2. R.S. 17:418 is hereby enacted to read as follows:12
§418. Salaries; teachers and other school employees13
A.(1) The governing authority of each local public elementary and14
secondary school, the state special schools, and the schools and programs15
administered through the special school district shall establish salary schedules16
by which to determine the salaries to be paid to teachers and all other school17
employees. The salaries as provided therein shall be considered as full18
compensation for all work required and performed within each employee's19
prescribed scope of duties and responsibilities.20
(2) Such salary schedules shall be established and published not later21
than January 1, 2013, and shall become effective for all employees not later than22
the beginning of the 2013-2014 school year.23
B.(1) Salary schedules established for teachers, administrators, and other24
certified school personnel shall be based upon the following criteria, with no one25
criterion accounting for more than fifty percent of the formula used to compute26
such employees' salaries:27
(a) Effectiveness, as determined by the performance evaluation program28
as provided in R.S. 17:3881 through 3905.29 SB NO. 603
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(b) Demand by subject area or area of certification.1
(c) Experience.2
(2) No teacher or administrator who is rated "ineffective" pursuant to3
the performance evaluation program as provided in R.S. 17:3881 through 39054
shall receive a salary higher than that received in the previous school year.5
C.(1) The amount of the annual salary paid to a teacher or other school6
employee in any school year shall not be reduced below the amount of such7
salary paid during the previous school year, nor shall the amount of the annual8
salary paid to such school personnel be reduced at any time during an academic9
year.10
(2) The limitations on the reduction in the amount of the annual salary11
paid to teachers and other school employees shall not be applicable to:12
(a) The correction of any accounting errors or to a reduction13
necessitated by the elimination of a state program or state funding.14
(b) The reduction of any local salary supplement funded, in whole or in15
part, from a revenue source requiring voter approval when such voter approval16
has not been obtained.17
(c) When a teacher has been promoted to a position of higher salary is18
demoted in accordance with applicable law and local board policy to a lower19
position. In such case the teacher shall return to the salary previously received20
in the lower position from which he was promoted.21
D. The provisions of this Section shall not apply to any employee who is22
in the classified service of the state.23
Section 3. R.S. 17:441, 442, 443, and 444(B)(1) are hereby amended and reenacted24
and R.S. 17:532(C) is hereby enacted to read as follows:25
§441. Definitions26
As used in this Subpart, the word "teacher" means:27
(1) Any employee of any parish or city a local public school board, state28
special school, or a school or program administered by the special school29 SB NO. 603
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district who holds a teacher's certificate and whose legal employment requires such1
teacher's certificate;2
(2) Any school lunch supervisor employed by a parish or city local public3
school board who holds a special parish school lunch supervisor's certificate issued4
by the department of education of the state of Louisiana and whose employment5
requires such certificate. No employee as defined in this Paragraph hired on or6
after July 1, 2012, shall be eligible to acquire tenure.7
§442. Probation and tenure of parish or city school teachers Tenure8
Each teacher shall serve a probationary term of three years to be reckoned9
from the date of his first appointment in the parish or city in which the teacher is10
serving his probation. During the probationary term the parish or city school board,11
as the case may be, may dismiss or discharge any probationary teacher upon the12
written recommendation of the parish or city superintendent of schools, as the case13
may be, accompanied by valid reasons therefor.14
Any teacher found unsatisfactory by the parish or city school board, as the15
case may be, at the expiration of the said probationary term, shall be notified in16
writing by the board that he has been discharged or dismissed; in the absence of such17
notification, such probationary teacher shall automatically become a regular and18
permanent teacher in the employ of the school board of the parish or city, as the case19
may be, in which he has successfully served his three year probationary term; all20
teachers in the employ of any parish or city school board as of July 31, 1946 who21
hold proper certificates and who have served satisfactorily as teachers in that parish22
or city for more than three consecutive years, are declared to be regular and23
permanent teachers in the employ of the school board of that parish or city.24
A.(1) Effective July 1, 2012, in order to be deemed eligible to acquire25
tenure, a teacher must be rated "highly effective" for five consecutive years26
pursuant to the performance evaluation program as provided in R.S. 17:388127
through 3905.28
(2) A teacher paid with federal funds shall be not eligible to acquire29 SB NO. 603
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tenure, nor shall time spent in employment paid with federal funds be counted1
toward the time required for acquisition of tenure.2
B. The school superintendent shall notify a teacher, in writing, when3
tenure has been awarded and the teacher is deemed to have acquired tenure on4
the date specified therein. A teacher who is not awarded tenure remains an at-5
will employee of the public school board but may acquire tenure upon meeting6
the criteria established in Subsection A of this Section.7
C.(1) Any teacher who receives a performance rating of "ineffective"8
pursuant to the performance evaluation program as provided in R.S. 17:38819
through 3905 shall immediately lose his tenure and all rights related thereto.10
(2) Such teacher may reacquire tenure through one of the following:11
(a) The teacher's "ineffective" performance rating is reversed pursuant12
to the grievance procedure established pursuant to R.S. 17:3883(5). In such13
case, the teacher's tenure shall be immediately reinstated.14
(b) The teacher receives a performance rating of "highly effective" for15
five consecutive years subsequent to receiving an "ineffective" rating as16
provided in Subsection A of this Section.17
§443. Removal of teachers; procedure; right to appeal18
A. The school superintendent may terminate the employment of any19
non-tenured teacher after providing such teacher with the written reasons20
therefor and providing the teacher the opportunity to respond.21
A.(B)(1) A permanent teacher with tenure shall not be removed from office22
except upon written and signed charges of poor performance, willful neglect of23
duty, or incompetency, dishonesty, or immorality, or of being a member of or24
contributing to any group, organization, movement, or corporation that is by law or25
injunction prohibited from operating in the state of Louisiana, and then only if found26
guilty after furnished with a copy of such written charges and given the27
opportunity to respond, at which time the superintendent may terminate the28
teacher's employment. Upon dismissal, a teacher shall be granted a hearing by29 SB NO. 603
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the school board of the parish or city, as the case may be a panel composed of the1
superintendent, the principal of the school where the teacher is employed, and2
a teacher selected by the teacher subject to removal, unless such teacher waives3
his right to a hearing. , which Such hearing may be private or public, at the option4
of the teacher. At least twenty days in advance of the date of the hearing, the5
superintendent with approval of the school board shall furnish the teacher with a6
copy of the written charges. Such statement of charges shall include a complete and7
detailed list of the specific reasons for such charges and shall include but not be8
limited to the following: date and place of alleged offense or offenses, names of9
individuals involved in or witnessing such offense or offenses, names of witnesses10
called or to be called to testify against the teacher at said hearing, and whether or not11
any such charges previously have been brought against the teacher. The teacher shall12
have the right to appear before the board tenure hearing panel with witnesses in his13
behalf and with counsel of his selection, all of whom shall be heard by the board14
panel at said hearing. For the purpose of conducting hearings hereunder, the board15
shall have the power to issue subpoenas to compel the attendance of all witnesses on16
behalf of the teacher. Nothing herein contained shall impair the right of appeal to a17
court of competent jurisdiction.18
B. (2) If a permanent teacher is found guilty by a school board , after due and19
legal hearing as provided herein, on charges of willful neglect of duty, or of20
incompetency, dishonesty, or immorality, or of being a member of or contributing21
to any group, organization, movement, or corporation that is by law or injunction22
prohibited from operating in the state of Louisiana, and ordered removed from office,23
or disciplined by the board, the superintendent with approval of the board shall24
furnish to the teacher a written statement of recommendation of removal or25
discipline, which shall include but not be limited to the exact reason(s), offense(s),26
or instance(s) upon which the recommendation is based. If a tenure hearing panel27
affirms or disapproves the superintendent's action in terminating a teacher's28
employment, Such such teacher may, not more than one year sixty days from the29 SB NO. 603
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date of the said finding, petition a court of competent jurisdiction for a full hearing1
to review the action of the school board superintendent, and the court shall have2
jurisdiction to affirm or reverse the action of the school board superintendent in the3
matter. If the finding of the school board superintendent is reversed by the court4
and the teacher is ordered reinstated and restored to duty, the teacher shall be entitled5
to full pay for any loss of time or salary he or she may have sustained by reason of6
the action of the said school board superintendent.7
C. For the purposes of this Section, immorality shall mean any conviction of8
a felony offense affecting the public morals enumerated in Part V of Chapter 1 of9
Title 14 of the Louisiana Revised Statutes of 1950.10
D. For purposes of this Section, the results of a teacher's evaluation11
performed pursuant to R.S. 17:3881 through 3905 and wherein he was rated12
"ineffective" shall constitute sufficient proof of poor performance,13
incompetence, or willful neglect of duty and no additional documentation shall14
be required to substantiate such charges.15
§444. Promotions to and employment into positions of higher salary and tenure16
* * *17
B.(1) Whenever a teacher who has acquired permanent status tenure, as set18
forth in R.S. 17:442, in a parish or city local public school system is promoted by19
the employing school board superintendent by moving such teacher from a position20
of lower salary to one of higher salary, such teacher shall not gain permanent status21
be eligible to earn tenure in the position to which he is promoted, but shall retain22
permanent any tenure status acquired as a teacher, pursuant to R.S. 17:442.23
* * *24
§532. Probationary term and tenure25
* * *26
C. No employee, as defined in R.S. 17:531, hired on or after July 1, 2012,27
shall be eligible to acquire permanent status.28
Section 4. R.S. 17:44, 45, 81(I), 154.2, 235.1(E), 346.1, 419, 419.1, 420, 421, 421.1,29 SB NO. 603
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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),1
446, 461 through 464, and 1207 are hereby repealed.2
Section 5. This Act shall become effective on July 1, 2012.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Proposed law:
(1)Requires local school boards to include specified performance targets in employment
contracts with the local school superintendent and submit a copy of such contract to
the state supt. of education.
(2)Requires local school boards to delegate authority for personnel decisions to the
school supt.
(3)Requires the local supt. to delegate the hiring and placement of teachers and other
school personnel to the school principal.
(4)Requires that all school personnel employment decisions be based upon
performance, effectiveness, and qualifications and prohibits the use of seniority when
making any personnel decisions.
(5)Provides that all reduction in force policies for teachers and certified school
personnel be based solely upon demand, performance, and effectiveness as
determined by the teacher and administrator evaluation program. Reduction in force
policies for non-certified school personnel must be based on performance and
effectiveness as determined by local school board policy.
(6)Requires the governing authority of each public school, state special schools, and
SSD schools and programs to establish salary schedules based upon effectiveness,
demand by subject area or area of certification, and experience by which to
determine the salaries to be paid to teachers and other school employees. The salaries
provided therein shall be considered as full compensation for all work required
within each employee's prescribed scope of duties and responsibilities. No teacher
or administrator rated as "ineffective" shall receive a higher salary than that receive
the previous year.
(7)Eliminates the probationary period for the acquisition of tenure and provides that a
teacher must receive a rating of "highly effective" for five consecutive years to be
eligible for tenure. Requires the superintendent to notify a teacher in writing when
teacher has been awarded and such tenure is effective on the date specified in the
notification. A teacher who is not awarded tenure remains an at-will employee of the
employing school board.
(8)A superintendent may terminate the employment of a non-tenured teacher upon
providing the teacher with written charges therefor and providing the teacher the
opportunity to respond.
(9)A superintendent may terminate the employment of a tenured teacher upon providing
the teacher with written charges of poor performance, willful neglect of duty,
incompetency, dishonesty, immorality, or of being a member of an entity prohibited
from operating in the state and providing the teacher an opportunity to respond. A SB NO. 603
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teacher so terminated may request a hearing from a panel composed of the school
superintendent, the school principal, and a teacher of the terminated teacher's
choosing. The dismissed teacher may petition a court of competent jurisdiction to
review the hearing panel's finding and the superintendent's action in terminating the
teacher's employment within 60 days after the tenure hearing panel issues its finding.
If the court reverses the superintendent's action, the teacher shall be reinstated and
restored to duty and is entitled to full pay for any loss of time or salary. Provides that
a teacher's performance evaluation results constitute proof of poor performance,
incompetence, or willful neglect of duty.
Proposed law consolidates the tenure provisions for all certified school employees and
repeals provisions in present law providing for separate provisions for teachers in Orleans
Parish and the special school district.
Proposed law repeals present law provisions relative to minimum salary schedule
requirements and extra compensation and salary requirements.
Effective July 1, 2012.
(Amends R.S. 17:54(B)(1)(b)(i) and (iii), 81, and (P)(1), 81.4, 229, 414.1, 441, 442, 443, and
444(B)(1); adds R.S. 17:418 and 532(C); repeals R.S. 17:44, 45, 81(I), 154.2, 235.1(E),
346.1, 419, 419.1, 420, 421, 421.1, 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), 446, 461 through 464, and 1207)