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Regular Session, 2014
HOUSE BILL NO. 1022
BY REPRESENTATIVE NANCY LANDRY
SCHOOLS/BOARDS: Provides relative to powers of local public school boards and
superintendents
AN ACT1
To amend and reenact R.S. 17:54(C) and 81(A), relative to the authority of local public2
school boards with respect to personnel decisions; to prohibit certain actions by a3
school board intended to interfere with personnel decisions; to restrict a school4
board's authority to remove a local superintendent of schools under certain5
circumstances and to provide for appeals of the removal of a local superintendent6
under certain circumstances; to provide for reporting of prohibited actions by a7
school board or school board member; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:54(C) and 81(A) are hereby amended and reenacted to read as10
follows:11
§54. Officers of boards, election; superintendents, qualifications, appointment and12
removal13
* * *14
C.(1) A Except as provided in Paragraph (2) of this Subsection, a city,15
parish, or other local public school system superintendent may be removed from16
office for cause prior to the expiration of his contract by the concurring vote of at17
least two-thirds of the membership of the entire school board at any regular meeting18
or at any special meeting after due notice.19 HLS 14RS-1362 ORIGINAL
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(2)(a) No local public school board may remove a superintendent from office1
if, while the superintendent was in office, the school board interfered with,2
compelled, or coerced or attempted to interfere with, compel, or coerce any3
personnel decision by the superintendent or a school principal in violation of the4
provisions of R.S. 17:81(A)(5) or a member of the school board interfered with,5
compelled, or coerced or attempted to interfere with, compel, or coerce any6
personnel decision by the superintendent or a school principal in violation of the7
provisions of R.S. 17:81(P)(1).8
(b) If the superintendent believes that a school board or member of the9
school board has taken any action that would make Subparagraph (a) of this10
Paragraph applicable to the school board, the superintendent shall report such an11
action to the State Board of Elementary and Secondary Education. Such a report12
shall be made in writing, shall include specifics regarding the action taken by the13
board or member, and shall include any documentation or other evidence of the14
action. The state board shall retain such reports and submit them to the division of15
administrative law when they are requested by the division.16
(c) If a school board removes a superintendent and the superintendent17
believes that Subparagraph (a) of this Paragraph is applicable to the school board, the18
superintendent may appeal the removal to the division of administrative law. All19
appeals pursuant to this Subparagraph shall be heard by the division of20
administrative law pursuant to Chapter 13-B of Title 49 of the Louisiana Revised21
Statutes of 1950. In making its determination, the division shall request and consider22
all reports submitted by the superintendent in accordance with Subparagraph (b) of23
this Paragraph. The division shall furnish to the school board and to the24
superintendent a copy of its decision, together with notice of the manner for25
requesting judicial review. If the division determines that the school board or a26
member of the school board has taken any action that makes Subparagraph (a) of this27 HLS 14RS-1362 ORIGINAL
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Paragraph applicable to the school board, the removal of the superintendent shall be1
void and of no effect.2
* * *3
§81. General powers of local public school boards4
A.(1) Each local public school board shall serve in a policymaking capacity5
that is in the best interests of all students enrolled in schools under the board's6
jurisdiction. When establishing board policies, each board shall prioritize student7
achievement, financial efficiency, and workforce development on a local, regional,8
and statewide basis. When choosing a local superintendent of schools, each board9
shall select a leader who shall prioritize student achievement and act in the best10
interests of all students enrolled in schools under the board's jurisdiction.11
(2) Each local public school board shall determine the number of schools to12
be opened, the location of school houses, and the number of teachers and other13
school personnel to be employed. The local school superintendent shall have14
authority to employ teachers personnel by the month or by the year, and to fix their15
salaries and to prorate salaries, according to approved salary schedules, to16
accommodate the needs of the district, all subject to the approved budget; provided17
that however, there shall be no discrimination as to sex in the fixing thereof and18
provided further, that it is not the purpose of this Section to require or direct the19
reduction of any salary, or salary schedule, presently in force. The local school20
superintendent shall see that the provisions of the state school law are complied with.21
(3) Each local public school board shall delegate authority for the hiring , and22
placement, and dismissal of all school personnel, including those for which state23
certification is required to the local school superintendent. Each local public school24
board shall also delegate to the local superintendent the authority to develop and25
amend job descriptions and keep them current with state regulations and local school26
district needs. It shall be the responsibility of the superintendent to ensure that all27
persons have proper certification, as applicable, and are qualified for the position.28 HLS 14RS-1362 ORIGINAL
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(4) Each local public school board shall adopt policies for and establish1
procedures which require a local school superintendent to:2
(a) Delegate to the principal all decisions regarding the hiring or placement3
of any teacher or other personnel at the school in which the principal is employed,4
subject to the approval of the local school superintendent.5
(b) Consult with teachers prior to making any decisions regarding the hiring6
or placement of a principal at the school in which such teachers are employed. Any7
recommendations made by teachers shall not be binding upon the superintendent but8
shall be considered by the superintendent when making employment decisions.9
(5) No school board shall take any action or threaten to take any action10
intended to interfere with, compel, or coerce any personnel decision by the11
superintendent or a school principal, including the hiring, promotion, discipline,12
demotion, transfer, discharge of, or assignment of work to any school employee.13
Actions and threats of actions which are prohibited by this Paragraph when intended14
to have such effect include but are not limited to the following:15
(a) Modification of budgets including capital budgets.16
(b) Shifting of funds or any other resource.17
(c) Modification of tables of organization or assignment of positions.18
(d) Modification of or failure to approve job descriptions.19
(e) Modification of salaries or salary schedules.20
(6) Any All policies and procedures adopted by a local public school board21
pursuant to the provisions of this Subsection shall be in accordance with all laws, all22
state rules, regulations, and policies relative to certification of teachers and other23
personnel, and any court order or restrictions relative to desegregation.24
(6) (7) The superintendent and the school principal shall make all25
employment-related decisions based upon performance, effectiveness, and26
qualifications as applicable to each specific position. Effectiveness, as determined27
pursuant to R.S. 17:3881 through 3905, shall be used as the primary criterion for28
making personnel decisions; however, in no case shall seniority or tenure be used as29 HLS 14RS-1362 ORIGINAL
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the primary criterion when making decisions regarding the hiring, assignment, or1
dismissal of teachers and other school employees personnel.2
* * *3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
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)]
Nancy Landry HB No. 1022
Abstract: Prohibits local public school boards from taking certain actions intended to
interfere with the personnel decisions of a superintendent or principal; provides that
school board may not remove a superintendent if it or one of its members has
interfered with such decisions.
Present law requires each local public school board to determine the number of schools to
be opened, the location of school houses, and the number of teachers and other school
personnel to be employed.
Present law authorizes the local school superintendent to employ teachers by the month or
by the year, and to fix their salaries. Proposed law authorizes the superintendent to employ
all personnel by the year or month. Further authorizes the superintendent to prorate salaries.
Present law requires a school board to delegate authority for the hiring and placement of all
school personnel, including those for which state certification is required, to the local school
superintendent. Proposed law additionally requires that the school board delegate to the
superintendent the authority to dismiss personnel and the authority to develop and amend
job descriptions and keep them current.
Present law requires a school board to adopt policies for and establish procedures which
require a local school superintendent to delegate to the principal all decisions regarding the
hiring or placement of personnel at the school in which the principal is employed, subject
to the approval of the local school superintendent. Proposed law retains present law.
Proposed law prohibits a school board from taking or threatening any action intended to
interfere with, compel, or coerce any personnel decision by the superintendent or a school
principal, including the hiring, promotion, discipline, demotion, transfer, discharge, or
assignment of work to any school employee. Provides that the following actions and threats
of actions are specifically prohibited when intended to have such effect:
(1)Modification of budgets including capital budgets.
(2)Shifting of funds or any other resource. HLS 14RS-1362 ORIGINAL
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(3)Modification of tables of organization or assignment of positions.
(4)Modification of or failure to approve job descriptions.
(5)Modification of salaries or salary schedules.
Present law prohibits a member of a local public school board from acting in an individual
capacity to use the authority of his office or position as a member in a manner intended to
interfere with, compel, or coerce any personnel decision made by the superintendent or a
school principal, including the hiring, promotion, discipline, demotion, transfer, discharge,
or assignment of work to any school employee. Provides that the superintendent, as the
instructional leader of the district and its chief executive officer, shall have primary
responsibility for personnel actions in the district.
Proposed law provides that if a school board or member thereof interferes or attempts to
interfere with a personnel decision in violation of present law or proposed law, the local
public school board may not remove a superintendent from office. Requires the
superintendent to report interference in personnel actions to the State Board of Elementary
and Secondary Education (BESE). Such a report shall be made in writing, shall include
specifics regarding the action taken by the board or member, and shall include any
documentation or other evidence of the action. The board shall retain such reports and
submit them to the division of administrative law when requested.
Proposed law provides that if a superintendent is removed and believes the school board is
prohibited from doing so, the superintendent may appeal the removal to the division of
administrative law. Provides that in making its determination, the division shall request and
consider all reports submitted by the superintendent to BESE in accordance with proposed
law. The division shall furnish to the school board a copy of its decision, together with
notice of the manner for requesting judicial review. If the division determines that the
school board or a member of the school board has interfered or attempted to interfere with
a personnel decision, the removal of the superintendent shall be void and of no effect.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:54(C) and 81(A))