HLS 14RS-2392 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 1231
BY REPRESENTATIVE NANCY LANDRY
BESE: Provides relative to BESE enforcing compliance of certain laws applicable to local
school boards
AN ACT1
To enact R.S. 17:81.1, relative to enforcement of laws imposing certain responsibilities and2
duties upon local school boards and superintendents of schools; to provide for notice3
by the legislative auditor of audit reports of certain violations of law by school4
boards; to require and authorize BESE to ensure compliance with such laws by local5
school boards; to provide for enforcement actions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:81.1 is hereby enacted to read as follows:8
ยง81.1. Enforcement of provisions relative to responsibilities of school boards;9
mandamus; responsibilities of state board10
A. For purposes of this Section:11
(1) "Local school board" means a city, parish, or other local public school12
board.13
(2) "Local schools" means all schools under the jurisdiction of a local school14
board.15
(3) "Noncompliance", "not in compliance", or "noncompliant" means a local16
school board is in violation of any provision of R.S. 17:54, 81, 81.4, 229, 414.1, or17
418. "Compliance" or "compliant" means that a local school board is not in violation18
of such provisions.19 HLS 14RS-2392 ORIGINAL
HB NO. 1231
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(4) "State board" means the State Board of Elementary and Secondary1
Education.2
B.(1) The state board shall ensure compliance with the provisions of R.S.3
17:54, 81, 81.4, 229, 414.1, and 418 throughout the state as provided in this Section.4
(2)(a) If the legislative auditor receives a report of an audit of a local school5
board that states that the local school board is noncompliant or if the legislative6
auditor conducts an audit of a local school board and the audit report identifies areas7
of noncompliance, he shall notify the local school board that he is in receipt of such8
audit report or has completed such an audit report, as the case may be, and that,9
unless he receives affidavits of compliance signed by the local school board's auditor10
within thirty days of such notification, he is required to notify the state board.11
(b) Upon expiration of the thirty days, if the local school board remains12
noncompliant, the legislative auditor shall provide a copy of the audit report to the13
state board.14
(3)(a) Upon receipt by the state board of an initial report of noncompliance15
from the legislative auditor, the state board may institute legal action to remedy the16
local school board's noncompliance.17
(b) Upon receipt by the state board of a subsequent report of noncompliance18
from the legislative auditor, one year or more after receipt of the initial notice on19
noncompliance, or if, upon its own initiative, the state board determines the local20
school board to be subsequently noncompliant, the state board shall institute legal21
action to remedy the local school board's noncompliance.22
(4)(a) In pursuing legal action, the state board can either institute an action23
in mandamus or otherwise petition the court for appropriate remedy to enforce24
compliance.25
(b) The action is hereby authorized to be and shall be brought in the26
Nineteenth Judicial District Court.27
(c) If the local school board fails to comply with a judgment making any writ28
of mandamus peremptory or a judgment otherwise directing the local school board29 HLS 14RS-2392 ORIGINAL
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to act or cease to act in a particular manner, the members of the local school board1
may be punished for contempt.2
Section 2. This Act shall become effective upon signature by the governor3
or, if not signed by the governor, upon expiration of the time for bills to become law4
without signature by the governor, as provided by Article III, Section 18 of the5
Constitution of Louisiana. If vetoed by the governor and subsequently approved by6
the legislature, this Act shall become effective on the day following such approval.7
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. 1231
Abstract: Provides for enforcement of laws concerning certain responsibilities of local
school boards and superintendents of schools contained in Act 1 of the 2012 RS,
provides for the legislative auditor to send BESE any audit reports that cites certain
violations of such laws by school boards. Provides for certain enforcement actions
by BESE.
Present law (R.S. 17:54, 81, 81.4, 229, 414.1, and 418, as amended by Acts 2012, No. 1)
provides relative to the powers and duties of school boards and local superintendents of
schools. Requires local school boards to delegate authority for personnel decisions to the
local superintendent, including policies related to reductions in force. Provides for
appointments of principals by the local superintendent. Requires the superintendent to
delegate hiring and placement decisions to school principals, subject to his approval.
Requires that all school personnel employment decisions be based upon performance,
effectiveness, and qualifications. Provides for effectiveness as the primary criterion when
making personnel decisions and prohibits the use of seniority or tenure as such. Relative to
reduction in force policies, provides that policies for teachers and administrators be based
solely on demand, performance, and effectiveness; that policies for noncertified school
personnel be based on performance and effectiveness as determined by local board policy;
and that seniority or tenure cannot be the primary criterion for reduction in force.
Present law further requires local school boards to include specified performance targets in
employment contracts with the local superintendent and to submit copies of such contracts
to the state superintendent of education. Provides that any employment contract executed,
negotiated, or renegotiated after July 1, 2012, between a board and superintendent that does
not meet requirements of law is null and void. Requires that a local superintendent be
removed from office upon being found incompetent, unworthy, or inefficient or to have
failed to fulfill the terms and performance objectives of his contract or to comply with school
board policy.
Present law also requires all public school governing authorities (public schools, state special
schools, and schools and programs of the special school district) to establish salary schedules
and specifies certain factors schedules shall be based upon. Provides that salaries shall be
considered as full compensation for all work required. Prohibits any teacher or administrator
rated as "ineffective" by a performance evaluation from receiving a higher salary in the year
following the evaluation than he received in the year of the evaluation. Prohibits salary HLS 14RS-2392 ORIGINAL
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reductions, with certain exceptions. Provides for vocational agricultural teachers to teach
and be paid on a 12-month basis.
Proposed law retains present law and provides for enforcement of present law by BESE.
Requires, if the legislative auditor receives an audit report of a local school board that states
that the local school board is in violation of present law, or if the legislative auditor conducts
an audit and the audit report identifies areas of noncompliance, that he notify the school
board that he has received or completed such a report and, unless he receives affidavits of
compliance signed by the board's auditor within 30 days, he is required to notify BESE of
noncompliance.
Proposed law, upon notice of an initial violation, authorizes BESE to institute an action in
mandamus or otherwise petition the court for an appropriate remedy to enforce compliance
by the local school board. Upon any subsequent violation, requires BESE to institute such
legal action. Requires bringing the action in the19th JDC. Authorizes punishment of the
members of the local school board for contempt if the school board fails to comply with a
judgment making the writ of mandamus peremptory or a judgment otherwise directing the
school board to act.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:81.1)