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Regular Session, 2013
SENATE BILL NO. 89
BY SENATOR APPEL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TENURE. Provides relative to tenure for teachers and certain other school employees.
(7/1/2013)
AN ACT1
To amend and reenact R.S. 17:441, 442, 443, 444(B), to enact R.S. 17:532(C), and to repeal2
R.S. 17:45, 444(A), 446, and 461 through 464, all as provided in Act 1 of the 20123
Regular Session of the Louisiana Legislature, relative to tenure for teachers and4
certain other school employees; to provide for uniform tenure policies; to provide for5
criteria to earn tenure; to limit eligibility for certain school employees , other than6
teachers, to acquire tenure; to provide for procedures to terminate employment of7
tenured and nontenured teachers; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:441, 442, 443, 444(B) are hereby amended and reenacted and R.S.10
17:532(C) is hereby enacted to read as follows, all as provided in Act 1 of the 2012 Regular11
Session of the Louisiana Legislature:12
§441. Definitions13
As used in this Subpart, the word "teacher" means:14
(1) Any employee of a local public school board, state special school, or a15
school or program administered by the special school district who holds a teacher's16
certificate and whose legal employment requires such teacher's certificate;17 SB NO. 89
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(2) Any school lunch supervisor employed by a local public school board1
who holds a special parish school lunch supervisor's certificate issued by the2
Department of Education of the state of Louisiana and whose employment requires3
such certificate. No employee as defined in this Paragraph hired on or after July 1,4
2012, shall be eligible to acquire tenure.5
§442. Tenure6
A.(1)(a) A teacher who has acquired tenure before September 1, 2012, retains7
tenure and is subject to the provisions of this Section.8
(b) Effective beginning on July 1, 2012, a teacher rated "highly effective" for9
five years within a six-year period pursuant to the performance evaluation program10
as provided in R.S. 17:3881 through 3905 shall be granted tenure.11
(2) A teacher paid with federal funds shall not be eligible to acquire tenure,12
nor shall time spent in employmen t paid with federal funds be counted toward the13
time required for acquisition of tenure.14
B. The school superintendent shall notify a teacher, in writing, when tenure15
has been awarded and the teacher is deemed to have acquired tenure on the date16
specified therein. A teacher who is not awarded tenure remains an at-will employee17
of the public school board or the special school district but shall acquire tenure upon18
meeting the criteria established in Subsection A of this Section.19
C.(1) Beginning with the 2013-2014 school year, a tenured teacher who20
receives a performance rating of "ineffective" pursuant to the performance evaluation21
program as provided in R.S. 17:3881 through 3905 shall immediately lose his tenure22
and all rights related thereto. If a teacher is rated "highly effective" based on the23
evidence of the growth portion of the evaluation but is rated "ineffective" according24
to the observation portion, within thirty days after such finding, the teacher shall be25
entitled to a second observation by members of a team of three designees, chosen by26
the local superintendent, which shall not include the principal.27
(2) Such teacher shall reacquire tenure if any of the following applies:28
(a) The teacher's "ineffective" performance rating is reversed pursuant to the29 SB NO. 89
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grievance procedure established pursuant to R.S. 17:3883(A)(5). In such case, the1
teacher's tenure shall be immediately reinstated.2
(b) The teacher receives a performance rating of "highly effective" for five3
years within a six-year period subsequent to receiving an "ineffective" rating as4
provided in Subsection A of this Section.5
§443. Removal of teachers; procedure; right to appeal6
A. The school superintendent may terminate the employment of any7
nontenured teacher after providing such teacher with the written reasons therefore8
and providing the teacher the opportunity to respond. The teacher shall have seven9
days to respond, and such response shall be included in the teacher's personnel file.10
B.(1) A teacher with tenure shall not be removed from office except upon11
written and signed charges of poor performance, willful neglect of duty,12
incompetency, dishonesty, immorality, or of being a member of or contributing to13
any group, organization, movement, or corporation that is by law or injunction14
prohibited from operating in the state of Louisiana, and then only if furnished with15
a copy of such written charges and given the opportunity to respond. The teacher16
shall have seven days to respond, and such response shall be included in the teacher's17
personnel file. At the end of this seven-day time period, the superintendent may18
terminate the teacher's employment. A teacher shall not be terminated for an19
"ineffective" performance rating until completion of the grievance procedure20
established pursuant to R.S. 17:3883(A)(5) if a grievance was timely filed. Within21
seven days after dismissal, a teacher may request and upon request shall be granted22
a hearing by a panel composed of a designee of the superintendent, a designee of the23
principal or the administrative head of the state special school in which the teacher24
was employed, and a designee of the teacher. In no case shall the superintendent, the25
principal or state special school administrative head, or teacher designate an26
immediate family member or any full-time employee of the school system by which27
the teacher was employed who is under the supervision of the person making the28
designation. Such hearing may be private or public, at the option of the teacher, and29 SB NO. 89
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shall begin within seven business days after receipt of the teacher's request for such1
hearing. The teacher shall have the right to appear before the tenure hearing panel2
with witnesses on his behalf and with counsel of his selection, all of whom shall be3
heard by the panel at the hearing. For the purpose of conducting hearings hereunder,4
the panel shall have the power to issue subpoenas to compel the attendance of all5
witnesses. Nothing herein contained shall impair the right to seek supervisory6
review from a court of competent jurisdiction.7
(2) The tenure hearing panel shall submit its recommendation to the8
superintendent, and the superintendent may choose to reinstate the teacher. If the9
superintendent does not reinstate the teacher, the superintendent shall notify the10
teacher of his final determination, in writing, and such teacher may, not more than11
sixty days from the postmarked date of such written notification, petition a court of12
competent jurisdiction to review whether the action of the superintendent was13
arbitrary or capricious. The court shall have jurisdiction to affirm or reverse the14
action of the superintendent in the matter. The record on review shall be limited to15
evidence presented to the tenure hearing panel, and the court shall review the matter16
not later than ten days after the petition has been filed. If the action of the17
superintendent is reversed by the court and the teacher is ordered reinstated and18
restored to duty, the teacher shall be entitled to full pay for any loss of time or salary19
he may have sustained by reason of the action of the superintendent.20
C. For the purposes of this Section, immorality shall mean any conviction of21
a felony offense affecting the public morals enumerated in Part V of Chapter 1 of22
Title 14 of the Louisiana Revised Statutes of 1950.23
D. For purposes of this Section, the results of a teacher's evaluation24
performed pursuant R.S. 17:3881 through 3905 evaluating the teacher's performance25
as "ineffective" shall constitute sufficient proof of poor performance, incompetence,26
or willful neglect of duty and no additional documentation shall be required to27
substantiate such charges.28
§444. Promotions to and employment into positions of higher salary and tenure29 SB NO. 89
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B. (1) A. Whenever a teacher who has acquired tenure, as set forth in R.S.1
17:442, in a local public school system or the special school district is promoted by2
the superintendent by moving such teacher from a position of lower salary to one of3
higher salary, such teacher shall not be eligible to earn tenure in the position to which4
he is promoted, but shall retain any tenure acquired as a teacher, pursuant to R.S.5
17:442.6
(4)(a)(i) B.(1) Except as provided otherwise by R.S. 17:54(B), relative to the7
maximum term of a superintendent of schools elected by a city or parish school8
board, the employment provided for in this Section shall be for a term of not less9
than two years, except when such employment is for a temporary position, nor more10
than four years, and said term shall be specified in a written contract, which shall11
contain performance objectives.12
(ii) (2) Notwithstanding the provisions of R.S. 42:3 and except as provided13
otherwise by R.S. 17:54(B), relative to the maximum term of a superintendent of14
schools elected by a city or parish school board, the term of employment provided15
in this Section may be for a longer period of time than the term of office of the16
employing school board.17
(b) C. Except as otherwise provided in this Subsection, any person promoted18
to a higher position pursuant to this Section shall possess a standard Louisiana19
teaching certificate as well as appropriate administrative/supervisory endorsement20
when a teaching certificate is a qualification requirement for the post to which the21
person is being promoted. Any person holding a provisional teaching certificate22
shall not be promoted to a higher position, except when a person meeting the23
requirements of this Subsection is not available for employment within the parish or24
city school system subject to all other requirements as provided by law.25
(c)(i) D.(1) The board and the employee may enter into subsequent contracts26
of employment. Not less than one hundred and twenty days prior to the termination27
of such a contract, the superintendent shall notify the employee of termination of28
employment under such contract, or in lieu thereof the board and the employer may29 SB NO. 89
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negotiate and enter into a contract for subsequent employment.1
(ii)(2) The employee may choose not to enter into subsequent contracts and2
may either terminate his employment or, if he has acquired permanent status as a3
teacher, resume employment as a teacher.4
(iii)(3) The employee shall be retained during the term of a contract unless5
the employee is found incompetent or inefficient or is found to have failed to fulfill6
the terms and performance objectives of his contract. However, before an employee7
can be removed during the contract period, he shall have the right to written charges8
and a fair hearing before the board after reasonable written notice.9
(iv) (4) The board shall negotiate and offer a new contract at the expiration10
of each existing contract unless the superintendent recommends against a new11
contract based on an evaluation of the contractee as provided for in R.S. 17:391.5,12
or unless failure to offer a new contract is based on a cause sufficient to support a13
mid-contract termination as provided in Item (iii) Paragraph (3) of this14
Subparagraph Subsection, or unless the position has been discontinued, or unless the15
position has been eliminated as a result of district reorganization, provided that16
should the position be re-created, the employee, if still employed by the board, shall17
have first right of refusal to the re-created position.18
(v) (5) If the contracted employee is removed or not renewed and had19
previously acquired permanent status as a teacher, he shall be returned to his former20
position as a teacher or to a position paying the same salary as his former position21
as a teacher unless he chooses to terminate his employment.22
(5) E. The provisions of this Subsection Section shall apply only to those23
whose promotion to or employment in a higher position as provided herein, occurs24
on or after August 1, 1985.25
* * *26
§532. Probationary term and tenure27
* * *28
C. No employee, as defined in R.S. 17:531, hired on or after July 1, 2012,29 SB NO. 89
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shall be eligible to acquire permanent status.1
Section 2. R.S. 17:45, 444(A), 446, and 461 through 464 are hereby repealed, all as2
provided in Act 1 of the 2012 Regular Session of the Louisiana Legislature.3
Section 3. This Act shall become effective on July 1, 2013; if vetoed by the governor4
and subsequently approved by the legislature, this Act shall become effective on July 1,5
2013, or on the day following such approval by the legislature, whichever is later.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Proposed law restates and makes technical corrections in provisions in present law as
enacted by Act 1 of the 2012 Regular Session of the Louisiana Legislature as follows:
(1)Consolidates the tenure provisions for all certified school employees and repeals
provisions specific to teachers in Orleans Parish and the Special School District.
(2)Eliminates the three-year probationary period for the acquisition of tenure and the
automatic awarding of tenure to a teacher upon successful completion of the
probationary period.
(3)A teacher who acquired tenure before September 1, 2012, retains tenure but is
subject to the revised tenure provisions.
(4)Effective July 1, 2012, a non-tenured teacher who receives a performance rating of
"highly effective" for five years within a six-year period shall be granted tenure.
(5)A teacher who is not awarded tenure remains an at-will employee, but shall acquire
tenure upon meeting the specified rating requirement.
(6)Beginning with the 2013-2014 school year, a tenured teacher who receives a
performance rating of "ineffective" shall immediately lose tenure. However, a
teacher who is rated "highly effective" on the growth portion of the evaluation, but
is rated "ineffective" on the observation portions, is entitled to a second observation
within 30 days of such finding.
(7)A teacher who loses tenure for receiving an "ineffective" performance rating shall
reacquire tenure if any one of the following conditions applies:
(a)The "ineffective" rating is reversed pursuant to the established grievance
procedure.
(b)The teacher receives a "highly effective" performance rating for five years
within a six-year period.
(8)The following school employees are not eligible to earn tenure:
(a)A school lunch supervisor hired on or after July 1, 2012.
(b)Employees of the Iberville Parish School Board, other than teachers, hired
on or after July 1, 2012. SB NO. 89
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(c)Teachers paid with federal funds.
(9)The local school superintendent may terminate the employment of a nontenured
teacher after providing the teacher with written reasons, to which the teacher shall
have seven days to respond. Such response must be included in the teacher's
personnel file.
(10)With respect to terminating employment of a tenured teacher:
(a)A tenured teacher may be terminated upon 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. The
teacher has seven days to respond to the written charges. Such response must
be included in the teacher's personnel file. At the end of this seven-day
period, the superintendent may terminate the teacher's employment.
(b)An "ineffective" rating on a performance evaluation constitutes proof of poor
performance, incompetence, or willful neglect of duty and no additional
documentation to substantiate such charges is required.
(c)A teacher shall not be terminated for an "ineffective" performance rating
until completion of the grievance period established pursuant to the state's
teacher evaluation process, if a grievance was timely filed.
(d)The teacher who has been terminated must be given a hearing, if he requests
one within seven days of removal. The hearing shall be conducted by a panel
composed of a designee of the superintendent, a designee of the principal or
the administrative head of the state special school, 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.
(e)The teacher has the right to appear before the tenure hearing panel with
witnesses on his behalf and be represented by legal counsel.
(f)The teacher has the right to seek supervisory review from a court of
competent jurisdiction.
(g)The hearing panel must submit its recommendation to the superintendent,
who may reinstate the teacher. If he does not reinstate the teacher, he shall
notify the teacher in writing. The teacher has 60 days from the date of
receipt of the termination notice to petition a court to review the
superintendent's action and to determine whether it was arbitrary or
capricious. The court has the jurisdiction to affirm or reverse the action of
the superintendent. Specifies that the record on review is limited to evidence
presented to the tenure hearing panel.
(h)If the court reverses the superintendent's action and orders the teacher
reinstated, the teacher is entitled to full pay for any loss of time or salary
sustained.
Effective July 1, 2013.
(Amends R.S. 17:441, 442, 443, 444(B); adds R.S. 17:532(C); repeals R.S. 17:45, 444(A),
446, and 461 through 464)