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.
(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)