HLS 13RS-764 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 596
BY REPRESENTATIVE CARTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS/BOARDS: Provides relative to powers and duties of local school boards and
superintendents
AN ACT1
To amend and reenact R.S. 17:81(A) and (P)(1), 229, and 414.1 and to repeal R.S. 17:81(I)2
and 84, relative to public school personnel; to provide for the employment, duties,3
and supervisory responsibilities of local school superintendents; to provide for the4
authority of public school principals with regard to placement of employees at a5
school; to repeal provisions relative to school board office employment including6
provisions for deputy and assistant superintendents; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:81(A) and (P)(1), 229, and 414.1 are hereby amended and10
reenacted to read as follows:11
§81. General powers of local public school boards12
A.(1) Each local public school board shall serve in a policymaking capacity13
that is in the best interests of all students enrolled in schools under the board's14
jurisdiction. When establishing board policies, each board shall prioritize student15
achievement, financial efficiency, and workforce development on a local, regional,16
and statewide basis. When choosing a local superintendent of schools, each board17
shall select a leader who shall prioritize student achievement and act in the best18
interests of all students enrolled in schools under the board's jurisdiction.19 HLS 13RS-764 ORIGINAL
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(2) Each local public school board shall determine the number of schools to1
be opened, the location of school houses schools, and the number of teachers and2
other school personnel to be employed. The local school superintendent shall have3
authority to employ teachers by the month or by the year, and to fix their salaries;4
provided that there shall be no discrimination as to sex in the fixing thereof and5
provided further, that it is not the purpose of this Section to require or direct the6
reduction of any salary, or salary schedule, presently in force. The local school7
superintendent shall see that the provisions of the state school law are complied with.8
(3) Each local public school board shall delegate authority for the hiring and9
placement of all school personnel, including those for which state certification is10
required to the local school superintendent. to the local school superintendent to11
enter into, amend, and terminate employment contracts for all school and school12
system personnel. Such delegation of authority shall include the ability of the local13
school superintendent to hire, place, and dismiss all school and school system14
personnel. It shall be the responsibility of the superintendent to ensure that all15
persons have proper certification, as applicable, and are qualified for the position.16
(4) Each local public school board shall adopt policies for and establish17
procedures which require a local school superintendent to:18
(a) Delegate to the principal all decisions regarding the hiring or placement19
of any teacher or other personnel at the school in which the principal is employed,20
subject to the approval of the local school superintendent. No teaching personnel21
shall be placed, regardless of tenure status, in a school without the consent of the22
principal.23
(b) Consult with teachers prior to making any decisions regarding the hiring24
or placement of a principal at the school in which such teachers are employed. Any25
recommendations made by teachers shall not be binding upon the superintendent but26
shall be considered by the superintendent when making employment decisions.27
(5) Any policies and procedures adopted by a local public school board28
pursuant to the provisions of this Subsection shall be in accordance with all laws, all29 HLS 13RS-764 ORIGINAL
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state rules, regulations, and policies relative to certification of teachers and other1
personnel, and any court order or restrictions relative to desegregation.2
(6) The superintendent and the school principal shall make all employment-3
related decisions based upon performance, effectiveness, and qualifications as4
applicable to each specific position. Effectiveness, as determined pursuant to R.S.5
17:3881 through 3905, shall be used as the primary criterion for making personnel6
decisions; however, in no case shall seniority or tenure be used as the primary7
criterion when making decisions regarding the hiring, assignment, or dismissal of8
teachers and other school employees.9
* * *10
P.(1) No board member shall act in an individual capacity to use the11
authority of his office or position as a member of the school board in a manner12
intended to interfere with, compel, or coerce any personnel decision made by the13
superintendent or a school principal, including the hiring, promotion, discipline,14
demotion, transfer, discharge, or assignment of work to any school employee. The15
superintendent, as the instructional leader of the district and its chief executive16
officer, shall have primary responsibility for personnel actions in the district.17
* * *18
§229. Appointment of visiting teachers, or supervisors of child welfare and19
attendance20
The local school superintendent shall appoint, supervise, and dismiss visiting21
teachers and supervisors of child welfare and attendance; but no person shall be so22
recommended or so appointed unless certified by the state board of education.23
* * *24
§414.1. Public elementary and secondary school principals; duties25
The principal for each public elementary and secondary school shall be26
appointed by and serve under the direction of the local superintendent of schools as27
the administrative officer of the school to which he is assigned. The local28
superintendent of schools shall be responsible for the appointment, supervision, and29 HLS 13RS-764 ORIGINAL
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dismissal of school principals. Consistent with the requirements of law and the rules1
and regulations of the State Board of Elementary and Secondary Education and the2
local public school board by which he the principal is employed, he shall have3
administrative responsibility for the direction and supervision of the personnel and4
activities and the administration of the affairs of that school.5
Section 2. R. S. 17:81(I) and 84 are hereby repealed in their entirety.6
Section 3. This Act shall become effective on July 1, 2013; if vetoed by the governor7
and subsequently approved by the legislature, this Act shall become effective on Jul 1, 2013,8
or on the day following such approval by the legislature, whichever is later.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Carter HB No. 596
Abstract: Provides relative to powers and duties of local school boards and the scope of
employment and responsibilities of superintendents and principals.
Present law requires each school board to serve in a policymaking capacity, to establish
policies that prioritize student achievement, financial efficiency, and workforce
development, and to select a superintendent who shall prioritize student achievement and act
in the best interests of all students. Requires each school board to determine the number and
location of schools and the number of teachers and other personnel to be employed.
Present law provides that the superintendent shall have authority to employ teachers and fix
their salaries and shall see that the provisions of the state law are complied with.
Proposed law retains present law.
Present law requires that the school board delegate authority for the hiring and placement
of all school personnel to the superintendent. Proposed law requires that the superintendent
have authority to enter, amend, and terminate employment contracts for all school and
school system personnel, which includes the authority to hire, place, and dismiss all school
and school system personnel.
Present law requires a school board to adopt policies and establish procedures that require
a local school superintendent to delegate to the principal all decisions regarding the hiring
or placement of any teacher or other personnel at the school in which the principal is
employed, subject to the approval of the local school superintendent. Proposed law retains
present law and additionally provides that no teaching personnel shall be placed, regardless
of tenure status, in a school without the consent of the principal.
Present law provides that school board policies shall require the superintendent to consult
with teachers prior to making any decisions regarding the hiring or placement of a principal
at the school in which such teachers are employed. Proposed law retains present law. HLS 13RS-764 ORIGINAL
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Present law requires the superintendent and principal to make all employment-related
decisions based upon performance, effectiveness, and qualifications and that effectiveness
as determined pursuant to the performance evaluation program shall be used as the primary
criterion. Prohibits consideration of seniority or tenure as the primary criterion when making
personnel decisions. Proposed law retains present law.
Present law prohibits a school board member from acting in an individual capacity in a
manner intended to interfere with any personnel decision. Proposed law retains present law.
Present law authorizes the superintendent to appoint visiting teachers and supervisors of
child welfare and attendance. Proposed law retains present law and authorizes the
superintendent to supervise and dismiss such personnel.
Present law provides that a school principal shall be appointed by and serve under the
direction of the superintendent. Proposed law provides instead that the superintendent is
responsible for the appointment, supervision, and dismissal of school principals.
Present law provides that school boards may appoint and fix the salaries of assistant
superintendents, supervisors, stenographers, bookkeepers, attendance officers, medical
directors, and other appointees as necessary. Provides that school boards with a population
of 200,000 or more may appoint a deputy parish superintendent of schools and provides that
the deputy parish superintendent serves at the pleasure of the school board. Proposed law
repeals present law.
Effective July 1, 2013.
(Amends R.S. 17:81(A) and (P)(1), 229, and 414.1; Repeals R.S. 17:81(I) and 84)