HLS 13RS-939 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 625
BY REPRESENTATIVE GAINES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TEACHERS: Provides relative to the process for discharging, demoting, or disciplining a
permanent public school teacher
AN ACT1
To enact R.S. 17:443.1 through 443.4 and to repeal R.S. 17:443, relative to permanent2
teachers; to provide for a process with respect to the discharge, demotion, or3
discipline of permanent teachers; to provide relative to appeals; to provide for the4
qualifications of arbitrators for appeals; to repeal provisions relative to the5
termination of teachers and to tenure hearings; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:443.1 through 443.4 are hereby enacted to read as follows: 8
§443.1. Discharge, demotion, and discipline of permanent teachers; procedure9
A.(1) A teacher in the employ of a city, parish, or other local public school10
board who holds a proper certificate and who has served satisfactorily as a teacher11
for more than three consecutive years in the city, parish, or other locality is declared12
to be a permanent teacher in the employ of the school board. 13
(2) A permanent teacher shall not be discharged, demoted, or otherwise14
disciplined except upon the written and signed recommendation of the local school15
superintendent alleging willful neglect of duty, incompetency, dishonesty,16
immorality, or being a member of or contributing to any group, organization,17
movement, or corporation that is by law or injunction prohibited from operating in18
the state of Louisiana, and then only if that recommendation is accepted by the19
school board. The recommendation shall include specifics relating to the reason for20 HLS 13RS-939 ORIGINAL
HB NO. 625
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the proposed discharge, demotion, or other discipline, including but not limited to1
the following:2
(a) The date and place of an alleged offense.3
(b) The names of individuals involved in or witnessing an offense.4
(c) The proposed discipline if the school board accepts the allegations against5
the teacher.6
(3) The copy of the recommendation, including copies of all documents that7
support the charges, shall be provided to the permanent teacher not less than seven8
days prior to the school board meeting during which the allegations and proposed9
discipline are to be considered by the school board.10
B.(1) The school board shall either accept or reject the allegations by a11
majority vote at a regular board meeting. The permanent teacher against whom the12
allegations have been made shall have the right to appear before the board to refute13
the allegations.14
(2) If the school board rejects the allegations, the matter shall be deemed15
resolved in favor of the permanent teacher, and no disciplinary action arising from16
the allegations shall be made against the permanent teacher in the future.17
(3)(a) If the school board accepts the allegations, the school board shall then18
either reject, modify, or accept the proposed discipline by a majority vote at a regular19
meeting of the school board. The permanent teacher against whom the discipline is20
proposed shall have the right to appear before the school board to contest the21
proposed discipline.22
(b) If the school board rejects the proposed discipline and determines that no23
discipline is appropriate, the matter shall be deemed resolved in favor of the24
permanent teacher and no disciplinary action arising from the same allegations shall25
be made against the permanent teacher in the future.26
(c) If the school board rejects the proposed discipline but determines that a27
measure of discipline different from that recommended by the superintendent is28
appropriate, the school board may modify the discipline measure as it deems29 HLS 13RS-939 ORIGINAL
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appropriate, after considering all of the facts and circumstances surrounding the1
allegations, by majority vote.2
(d) If the school board accepts the proposed discipline, the discipline shall3
be imposed upon the permanent teacher subject to the right of appeal provided in4
R.S. 17:443.2.5
C. The superintendent shall provide the teacher, by certified mail, return6
receipt requested, with a copy of the board's decision and an extract of the minutes7
of the school board's action on his recommendation not later than seven days8
following the school board meeting at which the recommendation was considered9
by the school board.10
D. For the purposes of this Section, immorality shall mean any conviction11
of a felony offense affecting the public morals enumerated in Part V of Chapter 1 of12
Title 14 of the Louisiana Revised Statutes of 1950.13
§443.2. Removal of permanent teachers; appeal from school board decision14
A. A permanent teacher aggrieved by any discipline imposed by a school15
board pursuant to R.S. 17:443.1 may appeal within ten days of receipt of the16
information provided to the teacher pursuant to R.S. 17:443.1(C) by filing a Notice17
of Appeal with the New Orleans regional office of the American Arbitration18
Association.19
B.(1) If a Notice of Appeal is not timely filed by the permanent teacher, he20
shall be considered to have waived any right to contest the allegations or discipline21
and the action of the school board shall be final, definitive, and not subject to further22
review.23
(2) If a Notice of Appeal is timely filed by a permanent teacher, the appeal24
shall be conducted pursuant to R.S. 17:443.3.25
§443.3 Removal of permanent teachers; binding arbitration26
A. Appeals from discipline imposed upon a permanent teacher by a school27
board shall be subject to mandatory binding arbitration.28 HLS 13RS-939 ORIGINAL
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B. The parties to the arbitration will be the permanent teacher and the school1
board.2
C.(1) The parties shall select a panel of arbitrators from a list of eligible3
persons maintained by the American Arbitration Association. Arbitrators shall be4
residents of Louisiana and shall have attended not less than eight hours of training5
in the field of employment arbitration sponsored by the American Bar Association6
or the American Arbitration Association.7
(2) Each party shall select an arbitrator, and the two arbitrators selected by8
the parties shall select a third arbitrator, who shall serve as the chairperson.9
(3) The arbitrators shall be selected by the parties as follows:10
(a) The permanent teacher shall select an arbitrator from the "Employee List11
of Arbitrators". Such arbitrator shall have not less than ten years of experience as12
a classroom teacher.13
(b) The school board shall select an arbitrator from the "Employer List of14
Arbitrators". Such arbitrator shall have not less than five years of experience as a15
classroom teacher and not less than five years of experience as a principal or16
superintendent or not less than ten years experience in the field of education law.17
(c) The third arbitrator shall be selected from the "Neutral List of18
Arbitrators".19
D. The arbitration shall be conducted in accordance with Louisiana Binding20
Arbitration Law, R.S. 9:4201 et seq. In the event of a conflict between the Labor21
Arbitration Rules of the American Arbitration Association and the Louisiana Binding22
Arbitration Law, the Labor Arbitration Rules of the American Arbitration23
Association shall control.24
§443.4. Removal of permanent teachers; issues to be determined in arbitration25
A. The panel of arbitrators shall determine both of the following issues from26
the facts presented at the arbitration:27
(1) Whether the school board proved by a preponderance of the evidence that28
the permanent teacher is guilty of willful neglect of duty, incompetency, dishonesty,29 HLS 13RS-939 ORIGINAL
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immorality, or of being a member of or contributing to any group, organization,1
movement, or corporation that is by law or injunction prohibited from operating in2
the state of Louisiana.3
(2) Whether any discipline imposed by the school board on the permanent4
teacher was commensurate with the offense or offenses.5
B. After consideration of all of the evidence, the panel of arbitrators may6
make any award that a majority of them deem to be just and appropriate under the7
circumstances.8
C. There shall be no appeal from any order confirming, modifying,9
correcting, or vacating an arbitration award or from a judgment entered upon an10
arbitration award.11
Section 2. R.S. 17:443 is hereby repealed in its entirety.12
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)]
Gaines HB No. 625
Abstract: Provides a process for the discharge, demotion, and discipline of permanent
public school teachers.
Proposed law provides that a teacher in the employ of a city, parish, or other local public
school board who holds a proper certificate and who has served satisfactorily as a teacher
for more than three consecutive years in the city, parish, or other locality is declared to be
a permanent teacher in the school board's employ.
Proposed law provides that a permanent teacher shall not be discharged, demoted, or
otherwise disciplined except upon the superintendent's written and signed recommendation
alleging willful neglect of duty, incompetency, dishonesty, immorality, or being a member
of or contributing to a group, organization, movement, or corporation prohibited from
operating in La., and then only if the recommendation is accepted by the school board.
Requires that such recommendation include specifics relating to the reason and be provided
to the teacher at least seven days prior to the school board meeting at which the allegations
and proposed discipline are considered.
Proposed law grants the teacher the right to appear before the board to refute the allegations,
requires the school board either to accept or reject the allegations by a majority vote, and
provides for the following scenarios:
(1)If board rejects the allegations, the matter shall be deemed resolved in favor of the
teacher, and no disciplinary action arising from the same allegations shall be made
against the teacher in the future. HLS 13RS-939 ORIGINAL
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(2)If the board accepts the allegations, it shall then either reject, modify, or accept the
proposed discipline by a majority vote:
(a)If the board rejects the proposed discipline and determines that no discipline
is appropriate, the matter shall be deemed resolved in favor of the teacher and
no disciplinary action arising from the same allegations shall be made against
the teacher in the future; if the board determines that a different discipline
measure is appropriate, it may modify the discipline measure by majority
vote.
(b) If the board accepts the proposed discipline, it shall be imposed upon the
teacher subject to the right of appeal set forth in proposed law.
Proposed law requires the superintendent to provide the teacher with a copy of the board's
decision and an extract of the minutes of the school board's action not later than seven days
following the meeting at which the recommendation was considered by the board.
Proposed law authorizes a permanent teacher aggrieved by any discipline imposed by a
school board pursuant to proposed law to appeal within 10 days of receipt of this information
by filing a Notice of Appeal with the New Orleans regional office of the American
Arbitration Association (AAA). If notice is not timely filed, the teacher shall be considered
to have waived any right to contest the allegations or discipline, and the action of the school
board shall be final, definitive, and not subject to further review. If such notice is timely
filed, the appeal shall be conducted pursuant to proposed law, as follows:
(1) Appeals from discipline imposed upon a permanent teacher by a school board shall
be subject to mandatory binding arbitration, and the parties shall be the teacher and
the board.
(2) Each party shall select an arbitrator, and the two arbitrators selected by the parties
shall select a third arbitrator, who shall serve as chairperson; provides for
qualifications of arbitrators.
(3) Arbitration shall be conducted in accordance with La. Binding Arbitration Law, and
if a conflict between the Labor Arbitration Rules of the AAA and such law, the AAA
rules shall control.
(4)The arbitrators shall:
(a) Determine whether the school board proved by a preponderance of the
evidence that the teacher is guilty of any of the offenses provided in proposed
law.
(b) Determine whether discipline imposed by the school board was
commensurate with the offense.
(5)The arbitrators may make any award that a majority of them deem to be just and
appropriate.
(6) There shall be no appeal from any order confirming, modifying, correcting, or
vacating an arbitration award or from a judgment entered upon an arbitration award.
Present law (R.S. 17:443 as amended and reenacted by Act 1 of the 2012 Regular Session)
authorizes the termination of nontenured and tenured teachers and provides relative to tenure
hearings and possible reinstatement. Proposed law repeals present law.
(Adds R.S. 17:443.1-443.4; Repeals R.S. 17:443)