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Regular Session, 2012
SENATE BILL NO. 603
BY SENATORS APPEL AND ALARIO AND REPRESENTATIVES CARTER AND
KLECKLEY
TEACHERS. Provides relative to teacher tenure, pay-for-performance, and evaluations.
(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 executed, negotiated, or renegotiated27
after July 1, 2012, between a local school board and a superintendent that does28
not meet the requirements established in this Subsection is null and void.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 in schools17
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 making his recommendations to the18
board.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 or6
tenure be used as the primary criterion when making decisions regarding the7
hiring, 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 a19
superintendent shall be instituted by dismissing the least effective teacher within20
each 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 or tenure as the primary critierion to be considered when13
instituting a reduction 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, area of certification, particular school need,1
or geographic area.2
(c) Experience.3
(2) No teacher or administrator who is rated "ineffective" pursuant to4
the performance evaluation program as provided in R.S. 17:3881 through 39055
shall receive a higher salary in the year following the evaluation than he6
received in the year of the evaluation.7
C.(1) The amount of the annual salary paid to a teacher or other school8
employee in any school year shall not be reduced below the amount of such9
salary paid during the previous school year, nor shall the amount of the annual10
salary paid to such school personnel be reduced at any time during an academic11
year.12
(2) The limitations on the reduction in the amount of the annual salary13
paid to teachers and other school employees shall not be applicable to:14
(a) The correction of any accounting errors or to a reduction15
necessitated by the elimination of a state program or state funding.16
(b) The reduction of any local salary supplement funded, in whole or in17
part, from a revenue source requiring voter approval when such voter approval18
has not been obtained.19
(c) When a teacher or other school employee has been promoted to a20
position of higher salary is demoted in accordance with applicable law and local21
board or special school district policy to a lower position. In such case the22
teacher or other school employee shall return to the salary previously received23
in the lower position from which he was promoted.24
D. The provisions of this Section shall not apply to any employee who is25
in the classified service of the state.26
Section 3. R.S. 17:441, 442, 443, and 444(B)(1) are hereby amended and reenacted27
and R.S. 17:532(C) is hereby enacted to read as follows:28
§441. Definitions29 SB NO. 603
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As used in this Subpart, the word "teacher" means:1
(1) Any employee of any parish or city a local public school board, state2
special school, or a school or program administered by the special school3
district who holds a teacher's certificate and whose legal employment requires such4
teacher's certificate;5
(2) Any school lunch supervisor employed by a parish or city local public6
school board who holds a special parish school lunch supervisor's certificate issued7
by the department of education of the state of Louisiana and whose employment8
requires such certificate. No employee as defined in this Paragraph hired on or9
after July 1, 2012, shall be eligible to acquire tenure.10
§442. Probation and tenure of parish or city school teachers Tenure11
Each teacher shall serve a probationary term of three years to be reckoned12
from the date of his first appointment in the parish or city in which the teacher is13
serving his probation. During the probationary term the parish or city school board,14
as the case may be, may dismiss or discharge any probationary teacher upon the15
written recommendation of the parish or city superintendent of schools, as the case16
may be, accompanied by valid reasons therefor.17
Any teacher found unsatisfactory by the parish or city school board, as the18
case may be, at the expiration of the said probationary term, shall be notified in19
writing by the board that he has been discharged or dismissed; in the absence of such20
notification, such probationary teacher shall automatically become a regular and21
permanent teacher in the employ of the school board of the parish or city, as the case22
may be, in which he has successfully served his three year probationary term; all23
teachers in the employ of any parish or city school board as of July 31, 1946 who24
hold proper certificates and who have served satisfactorily as teachers in that parish25
or city for more than three consecutive years, are declared to be regular and26
permanent teachers in the employ of the school board of that parish or city.27
A.(1) Effective July 1, 2012, in order to be deemed eligible to acquire28
tenure, a teacher must be rated "highly effective" for five consecutive years29 SB NO. 603
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pursuant to the performance evaluation program as provided in R.S. 17:38811
through 3905.2
(2) A teacher paid with federal funds shall be not eligible to acquire3
tenure, nor shall time spent in employment paid with federal funds be counted4
toward the time required for acquisition of tenure.5
B. The school superintendent shall notify a teacher, in writing, when6
tenure has been awarded and the teacher is deemed to have acquired tenure on7
the date specified therein. A teacher who is not awarded tenure remains an at-8
will employee of the public school board or the special school district but shall9
acquire tenure upon meeting the criteria established in Subsection A of this10
Section.11
C.(1) Any teacher who receives a performance rating of "ineffective"12
pursuant to the performance evaluation program as provided in R.S. 17:388113
through 3905 shall immediately lose his tenure and all rights related thereto.14
(2) Such teacher may reacquire tenure through one of the following:15
(a) The teacher's "ineffective" performance rating is reversed pursuant16
to the grievance procedure established pursuant to R.S. 17:3883(5). In such17
case, the teacher's tenure shall be immediately reinstated.18
(b) The teacher receives a performance rating of "highly effective" for19
five consecutive years subsequent to receiving an "ineffective" rating as20
provided in Subsection A of this Section.21
§443. Removal of teachers; procedure; right to appeal22
A. The school superintendent may terminate the employment of any23
non-tenured teacher after providing such teacher with the written reasons24
therefor and providing the teacher the opportunity to respond. The teacher25
shall have seven days to respond and such response shall be included in the26
teacher's personnel file.27
A.B.(1) A permanent teacher with tenure shall not be removed from office28
except upon written and signed charges of poor performance, willful neglect of29 SB NO. 603
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duty, or incompetency, dishonesty, or immorality, or of being a member of or1
contributing to any group, organization, movement, or corporation that is by law or2
injunction prohibited from operating in the state of Louisiana, and then only if found3
guilty after furnished with a copy of such written charges and given the4
opportunity to respond. The teacher shall have seven days to respond, and such5
response shall be included in the teacher's personnel file. At the end of this6
seven-day time period, the superintendent may terminate the teacher's7
employment. A teacher shall not be terminated for an ineffective evaluation8
until completion of the grievance procedure established pursuant to R.S.9
17:3883(5) if a grievance was timely filed. Upon dismissal, a teacher may10
request and upon request shall be granted a hearing by the school board of the11
parish or city, as the case may be a panel composed of a designee of the12
superintendent, a designee of the principal or the administrative head of the13
state special school in which the teacher was employed, and a designee of the14
teacher. In no case shall the superintendent, the principal or state special school15
administrative head, or teacher designate an immediate family member or any16
full-time employee of the school system by which the teacher is employed and17
who is under the supervision of the person making the designation., which Such18
hearing may be private or public, at the option of the teacher., At least twenty days19
in advance of the date of the hearing, the superintendent with approval of the school20
board shall furnish the teacher with a copy of the written charges. and shall occur21
within ten business days after the teacher's dismissal. Such statement of charges22
shall include a complete and detailed list of the specific reasons for such charges and23
shall include but not be limited to the following: date and place of alleged offense24
or offenses, names of individuals involved in or witnessing such offense or offenses,25
names of witnesses called or to be called to testify against the teacher at said hearing,26
and whether or not any such charges previously have been brought against the27
teacher. The teacher shall have the right to appear before the board tenure hearing28
panel with witnesses in his behalf and with counsel of his selection, all of whom29 SB NO. 603
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shall be heard by the board panel at said hearing. For the purpose of conducting1
hearings hereunder, the board panel shall have the power to issue subpoenas to2
compel the attendance of all witnesses. on behalf of the teacher. Nothing herein3
contained shall impair the right of appeal to to seek supervisory review from a4
court of competent jurisdiction.5
B. (2) If a permanent teacher is found guilty by a school board , after due and6
legal hearing as provided herein, on charges of willful neglect of duty, or of7
incompetency, dishonesty, or immorality, or of being a member of or contributing8
to any group, organization, movement, or corporation that is by law or injunction9
prohibited from operating in the state of Louisiana, and ordered removed from office,10
or disciplined by the board, the superintendent with approval of the board shall11
furnish to the teacher a written statement of recommendation of removal or12
discipline, which shall include but not be limited to the exact reason(s), offense(s),13
or instance(s) upon which the recommendation is based. The tenure hearing panel14
shall submit its recommendation to the superintendent, and the superintendent15
may choose to reinstate the teacher. If the superintendent does not reinstate the16
teacher, Such such teacher may, not more than one year sixty days from the date17
of the said finding, petition a court of competent jurisdiction for a full hearing to18
review whether the action of the school board superintendent was arbitrary or19
capricious. The, and the court shall have jurisdiction to affirm or reverse the action20
of the school board superintendent in the matter. The record on review shall be21
limited to evidence presented to the tenure hearing panel, and the court shall22
review the matter not later than ten days after the petition has been filed. If the23
finding action of the school board superintendent is reversed by the court and the24
teacher is ordered reinstated and restored to duty, the teacher shall be entitled to full25
pay for any loss of time or salary he or she may have sustained by reason of the26
action of the said school board superintendent.27
C. For the purposes of this Section, immorality shall mean any conviction of28
a felony offense affecting the public morals enumerated in Part V of Chapter 1 of29 SB NO. 603
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Title 14 of the Louisiana Revised Statutes of 1950.1
D. For purposes of this Section, the results of a teacher's evaluation2
performed pursuant to R.S. 17:3881 through 3905 and wherein he was rated3
"ineffective" shall constitute sufficient proof of poor performance,4
incompetence, or willful neglect of duty and no additional documentation shall5
be required to substantiate such charges.6
§444. Promotions to and employment into positions of higher salary and tenure7
* * *8
B.(1) Whenever a teacher who has acquired permanent status tenure, as set9
forth in R.S. 17:442, in a parish or city local public school system or the special10
school district is promoted by the employing school board superintendent by11
moving such teacher from a position of lower salary to one of higher salary, such12
teacher shall not gain permanent status be eligible to earn tenure in the position to13
which he is promoted, but shall retain permanent any tenure status acquired as a14
teacher, pursuant to R.S. 17:442.15
* * *16
§532. Probationary term and tenure17
* * *18
C. No employee, as defined in R.S. 17:531, hired on or after July 1, 2012,19
shall be eligible to acquire permanent status.20
Section 4. R.S. 17:44, 45, 81(I), 154.2, 235.1(E), 346.1, 419, 419.1, 420, 421, 421.1,21
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),22
446, 461 through 464, and 1207 are hereby repealed.23
Section 5. This Act shall become effective on July 1, 2012.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Appel (SB 603)
Provides relative to teacher tenure, pay-for-performance, and evaluations as follows:
Employment contracts and personnel matters SB NO. 603
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Relative to employment contracts and personnel matters:
(1)Present law requires local school boards to include specific performance objectives
in their contracts with local school superintendents.
Proposed law retains these provisions and additionally requires local school boards
to include specified performance targets in employment contracts with the local
superintendent if the performance letter grade of the system is an "A", "B", or "C".
Requires local school boards to submit copies of such contracts to the state supt. of
education. Requires a local school board to notify the state superintendent of
education any time it terminates or fails to renew a local superintendent's contract
and include the reasons for such action. Provides that any employment contract
executed, negotiated, or renegotiated after July 1, 2012, between a board and
superintendent that does not meet requirements of law is null and void.
(2)Present law grants local school boards certain authority with respect to personnel
decisions.
Proposed law instead requires local school boards to delegate authority for personnel
decisions to the local superintendent, including policies related to reductions in force.
(3)Present law requires the local superintendent to consult with principals relative to
hiring and placement decisions and provides that recommendations made by the
principal shall not be binding upon the superintendent.
Proposed law instead requires him to delegate such decisions to the principals,
subject to his approval.
(4)Proposed law requires that all school personnel employment decisions be based upon
performance, effectiveness, and qualifications. Provides for effectiveness as the
primary criterion when making personnel decisions and prohibits the use of seniority
or tenure as such.
(5)Present law requires a school board to approve or disapprove employment of
teachers and certified personnel from recommendations made by the superintendent.
Requires the superintendent to make recommendations to the board in open public
session at a meeting which has been properly noticed. Requires the board to provide
opportunity for public comment prior to the board voting in open session on the
superintendent's recommendations.
Proposed law deletes present law.
(6)Present law requires school boards to have rules and policies for the dismissal of
school employees when there is a reduction in force and that these shall be available
for public inspection. Requires reduction in force policies to include the following
minimum standards: certification, if applicable; seniority in the system; tenure of
employees; and academic preparation, if applicable, within the employee's field.
Proposed law deletes present law and instead provides the following relative to
reduction in force policies:
(a)Policies for teachers and administrators shall be based solely on demand,
performance, and effectiveness (as determined by the state's teacher and
administrator performance evaluation program).
(b)Policies for non-certified school personnel shall be based on performance and
effectiveness as determined by local board policy. SB NO. 603
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(c)No reduction in force policy shall include seniority or tenure as the primary
criterion.
(7) Present law provides for appointment of a principal by the local school board.
Proposed law instead provides that the local superintendent shall appoint school
principals.
Salaries of teachers and other school employees
Relative to salaries:
(1)Requires all public school governing authorities (public schools, state special
schools, and schools and programs of the special school district) to establish salary
schedules. Schedules for certified personnel shall be based upon the following:
effectiveness; demand by subject area, area of certification, particular school need,
or geographic area; and experience.
(2)Provides that such salaries shall be considered as full compensation for all work
required within each employee's prescribed scope of duties and responsibilities.
(3)Prohibits any teacher or administrator rated as "ineffective" pursuant to the present
law performance evaluation program from receiving a higher salary in the year
following the evaluation than he received in the year of the evaluation.
(4)Prohibits salary reductions, with certain exceptions.
Proposed law also repeals present law provisions relative to minimum salary schedule
requirements and extra compensation and salary requirements.
Tenure
Proposed law provides with respect to tenure as follows:
(1) Eliminates the three-year probationary period for the acquisition of tenure.
(2) Requires a teacher to receive a performance rating of "highly effective" for five
consecutive years to be eligible for tenure; provides that a teacher who is not
awarded tenure remains an at-will employee but shall acquire tenure upon meeting
this rating requirement.
(3) Requires the superintendent to notify a teacher in writing when tenure has been
awarded and provides that such tenure is effective on the date specified in the
notification.
(4)Provides that a teacher who receives a performance rating of "ineffective" shall
immediately lose tenure but may reacquire it.
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.
Present law includes school lunch supervisors in the definition of "teacher" in the tenure law.
Proposed law provides that school lunch supervisors hired on or after July 1, 2012 shall be
eligible to acquire tenure.
Present law provides for tenure for employees of the Iberville Parish School Board who are SB NO. 603
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not covered by provisions of present law relative to tenure but are a member of or eligible
for membership in the State Teacher's Retirement System of La.
Proposed law provides that any such employee hired on or after July 1, 2012, shall not be
eligible to acquire permanent status.
Termination of employment
Relative to non-tenured teachers, proposed law:
(1) Authorizes a superintendent to terminate employment upon providing the teacher
with written charges therefor and the opportunity to respond.
(2)Grants the teacher seven days to respond and provides that the response shall be
included in the teacher's personnel file.
Relative to tenured teachers:
(1)Present law authorizes removal from office upon written charges of willful neglect
of duty, incompetency, dishonesty, immorality, or of being a member of an entity
prohibited from operating in the state, and then only if found guilty after a hearing
by the school board. Specifies what details must be included in such charges.
Proposed law provides as follows:
(a)Adds poor performance to the list of potential charges.
(b)Deletes requirement that the teacher be found guilty by the board and the
specified details that the statement of charges must include.
(c) Adds that an "ineffective" rating on a performance evaluation shall constitute
sufficient proof of poor performance, incompetence, or willful neglect of
duty and requires no additional documentation to substantiate such charges.
(d)Prohibits a teacher from being terminated for an ineffective evaluation until
completion of the grievance procedure established pursuant to present law if
a grievance was timely filed.
(2) Present law requires the superintendent, at least 20 days before the hearing, to
furnish the teacher with a copy of the written charges. Requires the superintendent,
with board approval, if a permanent teacher is found guilty of the charges outlined
in present law and ordered removed from office, or disciplined by the board, to
furnish to the teacher a written statement of recommendation of removal or
discipline, including the exact reason(s), offense(s), or instance(s) upon which the
recommendation is based.
Proposed law deletes present law and instead provides the following:
(a)The teacher must be furnished with a copy of charges and be given seven
days to respond, at the end of which time period he may be terminated.
Grants the teacher seven days to respond and provides that the response shall
be included in the teacher's personnel file.
(b)A teacher shall not be terminated for an ineffective evaluation until
completion of the grievance procedure established in present law if a
grievance was timely filed.
(c)The teacher may request, and upon request shall be granted, a hearing by a SB NO. 603
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panel composed of a designee of the superintendent, a designee of the
principal or the administrative head of the state special school in which the
teacher was employed, and a designee of the teacher; prohibits the
designation of an immediate family member or any full time employee of the
school system by which the teacher was employed who is under the
supervision of the person making the designation.
(d)Such hearing shall occur within 10 business days following dismissal.
(e)The panel shall submit its recommendation to the superintendent, who may
reinstate the teacher.
(3)Present law provides that it does not impair the right of appeal to a court of
competent jurisdiction.
Proposed law instead provides that it does not impair the right to seek supervisory
review from such court.
(4)Present law grants the teacher one year to petition the court to review the action of
the board.
Proposed law instead grants the teacher, if not reinstated, 60 days to petition the
court to review the superintendent's action and whether it was arbitrary or capricious.
Requires that the record on review be limited to evidence presented to the tenure
hearing panel and that the court shall review the matter not later than 10 days after
the petition has been filed.
(5)Present law provides that a local superintendent may be removed from office upon
being found incompetent, unworthy, or inefficient or to have failed to fulfill the
terms and performance objectives of his contract or to comply with school board
policy.
Proposed law provides instead that he shall be removed from office under these
circumstances.
Effective July 1, 2012.
(Amends R.S. 17:54(B)(1)(b)(i) and (iii), 81(A), 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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the original
bill.
Employment contracts and personnel matters
1. In addition to seniority, prohibits tenure from being used as a primary criterion
relative to personnel decisions or reductions in force.
Salaries for teachers and other school employees
1. Provides for particular school need and geographic area as additional criteria
upon which salary schedules shall be based. SB NO. 603
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Tenure
1. Requires, rather than authorizes, that tenure be awarded to a teacher upon
meeting criteria established in proposed law (receiving a performance rating of
"highly effective" for five straight years).
Termination of employment
1. Grants teachers seven days to respond to written reasons or charges for
termination and provides that such response be made part of a teacher's personnel
file.
2. Provides that a teacher shall not be terminated for an ineffective evaluation until
completion of the grievance procedure established pursuant to present law if a
grievance was timely filed.
3. Changes composition of the tenure hearing panel from the superintendent, school
principal, and a teacher selected by the teacher to a designee of the
superintendent, a designee of the principal or the administrative head of the state
special school in which the teacher was employed, and a designee of the teacher.
Prohibits the designation of an immediate family member or any full time
employee of the school system by which the teacher was employed who is under
the supervision of the person making the designation.
4. Instead of requiring the superintendent, at least 20 days before the hearing, to
furnish the teacher with a copy of written charges, provides that the hearing shall
occur within 10 business days following dismissal.
5. Reinstates present law relative to the authority to issue subpoenas to compel the
attendance of all witnesses, but grants such authority to the panel instead of the
school board and removes provision limiting the use of subpoenas to on behalf
of the teacher.
6. Instead of authorizing a teacher to petition a court of competent jurisdiction if a
tenure hearing panel affirms or disapproves the superintendent's action in
terminating his employment, requires the panel to submit its recommendation to
the superintendent, authorizes the superintendent to reinstate the teacher, and
authorizes the teacher to make such petition if not reinstated.
7. Limits the petition to a request for review of whether the termination was
arbitrary or capricious; limits the record on review to evidence presented at the
tenure hearing; requires the court to review the matter within 10 days after the
petition is filed.