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Regular Session, 2014
HOUSE BILL NO. 191
BY REPRESENTATIVE PEARSON
SCHOOLS/BOARDS: Provides relative to powers, duties, and responsibilities of local
school boards and superintendents
AN ACT1
To amend and reenact R.S. 17:54(B)(1)(b)(i) and (iii), 81(A) and (P)(1), 81.4, 229, and2
414.1, relative to administration and management of elementary and secondary3
education; to provide with respect to local school superintendents, their employment,4
and their duties and responsibilities; to provide relative to local school boards and5
their functions and powers; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:54(B)(1)(b)(i) and (iii), 81(A) and (P)(1), 81.4, 229, and 414.18
are hereby amended and reenacted to read as follows:9
§54. Officers of boards, election; superintendents, qualifications, appointment and10
removal11
* * *12
B.(1)13
* * *14
(b)(i)(aa) The superintendent of schools shall be employed by a city, parish,15
or other local public school board pursuant to a written contract. Such contract shall16
contain but need not be limited to specific performance objectives. However, for the17
board of a local public school system that received any variation of a school18
performance letter grade of "C", "D", or "F", such contract shall establish19
performance targets at the school and district level as follows: (1) student20 HLS 14RS-567 ORIGINAL
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achievement; (2) student achievement for schools that have received any variation1
of a school performance letter grade designation of "C", "D", or "F"; (3) graduation2
rates; (4) graduation rates for schools that have received any variation of a school3
performance letter grade designation of "C", "D", or "F"; and (5) the percentage of4
teachers with an "effective" or "highly effective" performance rating. Not less than5
ninety thirty days prior to the termination of such a contract, the school board shall6
notify the superintendent of termination of employment under such contract, or in7
lieu thereof the board and the superintendent may negotiate and enter into a contract8
for subsequent employment.9
(bb) Each local public school board shall submit a copy of its current10
employment contract with the superintendent of schools to the state superintendent11
of education.12
(cc) A local public school board shall notify the state superintendent of13
education any time it terminates or fails to renew its employment contract with the14
local school superintendent along with the reasons therefor.15
(dd) Any employment contract executed, negotiated, or renegotiated after16
July 1, 2014, between a local school board and a superintendent that does not meet17
the requirements established in this Subsection shall be null and void.18
* * *19
(iii) The superintendent shall be retained during the term of a contract;20
however, if the superintendent is found incompetent, unworthy, or inefficient or is21
found to have failed to fulfill the terms and performance objectives of his contract22
or to comply with school board policy, then the superintendent may shall be removed23
from office as provided by Subsection C of this Section. Before the superintendent24
can be removed during the contract period, he shall have the right to written charges25
and a fair hearing before the board after reasonable written notice.26
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§81. General powers of city, parish, and other local public school boards1
A.(1) Each local public school board shall serve in a policymaking capacity2
that is in the best interests of all students enrolled in schools under the board's3
jurisdiction. When establishing board policies, each board shall prioritize student4
achievement, financial efficiency, and workforce development on a local, regional,5
and statewide basis. When choosing a local superintendent of schools, each board6
shall select a leader who shall prioritize student achievement and act in the best7
interests of all students enrolled in schools under the board's jurisdiction.8
(2) Each city and parish local public school board shall determine the9
number of schools to be opened, the location of school houses, and the number of10
teachers and other school personnel to be employed , and select teachers and all other11
certified personnel from recommendations made by the city or parish superintendent12
as required by this Subsection. The boards local school superintendent shall have13
authority to employ teachers by the month or by the year, and to fix their salaries;14
provided that there shall be no discrimination as to sex in the fixing thereof and15
provided further, that it is not the purpose of this Section to require or direct the16
reduction of any salary, or salary schedule, presently in force. The boards local17
school superintendent shall see that the provisions of the state school law are18
complied with.19
(2) (3) Each city and parish local public school board shall select teachers20
and all other certified personnel from recommendations made by the city or parish21
superintendent regarding delegate authority for the hiring and placement of all school22
personnel, including those for which state certification is required, to the local school23
superintendent. It shall be the responsibility of the superintendent to ensure that all24
persons recommended have proper certification, as applicable, and are qualified for25
the position. Nothing shall prevent a school board from rejecting the26
recommendations made by the superintendent and requiring the superintendent to27
submit additional recommendations.28 HLS 14RS-567 ORIGINAL
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(3) (4) Each city and parish local public school board shall adopt policies for1
and establish procedures which require a city or parish local school superintendent2
to:3
(a) Consult with Delegate to the principal regarding any recommendations4
made by the superintendent for all decisions regarding the hiring or placement of any5
teacher or other certified personnel at the school in which the principal is employed ,6
subject to the approval of the local school superintendent. Any recommendations7
made by the principal shall not be binding upon the superintendent but shall be8
considered by the superintendent in making his recommendations to the board.9
(b) Consult with teachers regarding any recommendations made by the10
superintendent for prior to making any decisions regarding the hiring or placement11
of a principal at the school in which such teachers are employed. Any12
recommendations made by teachers shall not be binding upon the superintendent but13
shall be considered by the superintendent in when making his recommendations to14
the board employment decisions.15
(4) (5) Any policies and procedures adopted by a city or parish local public16
school board pursuant to the provisions of this Subsection shall be in accordance17
with all laws, all state rules, regulations, and policies relative to certification of18
teachers and other personnel, and any court order or restrictions relative to19
desegregation.20
(6) The superintendent and the school principal shall make all employment-21
related decisions based upon performance, effectiveness, and qualifications as22
applicable to each specific position. Effectiveness, as determined pursuant to R.S.23
17:3881 through 3905, shall be used as the primary criterion for making personnel24
decisions; however, in no case shall seniority or tenure be used as the primary25
criterion when making decisions regarding the hiring, assignment, or dismissal of26
teachers and other school employees.27
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P.(1) No board member shall act in an individual capacity to use the1
authority of his office or position as a member of the school board in a manner2
intended to interfere with, compel, or coerce any personnel decision made by the3
superintendent or a school principal, including the hiring, promotion, discipline,4
demotion, transfer, discharge, or assignment of work to any school employee. The5
superintendent, as the instructional leader of the district and its chief executive6
officer, shall have primary responsibility for personnel actions in the district. Each7
school board shall approve or disapprove employment of teachers and all other8
certified personnel from recommendations made by the superintendent regarding the9
hiring and placement of all personnel for which state certification is required. The10
superintendent shall make recommendations to the board in open public session at11
a meeting which has been properly noticed. Prior to the board voting in open session12
on the superintendent's recommendations, the board shall provide opportunity for13
public comment.14
* * *15
§81.4. Reductions in force; dismissal of teachers and other school employees16
A. Not later than January 1st, 1984 September 1, 2014, each city and parish17
local public school board shall develop and adopt rules and policies that delegate18
reduction in force decisions to the superintendent which it he shall use in dismissing19
teachers and other employees at any time a reduction in force is instituted by such20
school board. Such rules and policies shall be made available for inspection by21
teachers, other school employees, and the general public within ten days after final22
adoption.23
B. Not later than January 1st, 1986, each city and parish school board shall24
develop and adopt rules and policies which it shall use in dismissing any full-time25
secretary, teacher's aide, school clerk, or custodian at any time a reduction in force26
is instituted by that school board. These rules and policies shall be made available27
for inspection, by any full-time secretary, teacher's aide, school clerk, or custodian,28
and the general public within ten days after their final adoption.29 HLS 14RS-567 ORIGINAL
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C. Not later than January 1, 1987, each city and parish school board shall1
develop and adopt rules and policies which it shall use in dismissing school2
employees other than those for which provision is made in Subsections (A) and (B),3
at any time a reduction in force is instituted by the school board. Such rules and4
policies shall be made available for inspection by any such school employee and the5
general public within ten days after their final adoption.6
B. All reduction in force policies adopted for use in dismissing teachers and7
administrators shall be based solely upon demand, performance, and effectiveness,8
as determined by the performance evaluation program as provided in R.S. 17:38819
through 3905. Any reduction in force by a superintendent shall be instituted by10
dismissing the least effective teacher within each targeted subject area or area of11
certification first, and then proceeding by effectiveness rating until the reduction in12
force has been accomplished.13
C. All reduction in force policies adopted by a local school board for use by14
the superintendent in dismissing school employees who are not evaluated pursuant15
to R.S. 17:3881 through 3905 shall be based upon the following criteria:16
(1) Performance and effectiveness as determined by school board policy.17
(2) Certification or academic preparation, if applicable.18
D. Not later than January 1, 1996, all All reduction in force policies of the19
city and parish local public school boards and special schools as provided in this20
Section shall include but not be limited to the following minimum standards:21
(1) Certification, if applicable.22
(2) Seniority in the system.23
(3) Tenure of employees.24
(4) Academic preparation, if applicable, within the employee's field.25
(5) (a) (1) The right of an employee notified of an action which results from26
implementation of a reduction in force policy to request in writing a review of such27
action and to receive notice of the results of such review.28 HLS 14RS-567 ORIGINAL
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(b) (2) The right of an employee to pursue the matter through the school1
board's adopted grievance procedure.2
E. No reduction in force policy adopted by a local public school board shall3
include seniority or tenure as the primary criterion to be considered when instituting4
a reduction in force.5
* * *6
§229. Appointment of visiting teachers, or supervisors of child welfare and7
attendance 8
The appointment of parish and city local school superintendent shall appoint9
visiting teachers, or and supervisors of child welfare and attendance, shall be made10
by the parish or city school board upon the recommendation of the parish or city11
superintendent of education; but no person shall be so recommended or so appointed12
unless certified by the state board of education State Board of Elementary and13
Secondary Education. It shall be the duty of the parish or city superintendent of14
education to nominate for the consideration of the school board the person or persons15
whom he judges to be properly certified and the best qualified and most competent.16
Visiting teachers, or supervisors of child welfare and attendance, need not be17
qualified electors or residents of the parish or city in which they are appointed to18
serve. 19
* * *20
§414.1. Public elementary and secondary school principals; duties 21
The principal appointed by the parish or city school board for each public22
elementary and secondary school shall serve, be appointed by and serve under the23
overall direction of the parish or city local superintendent of schools, as the24
administrative officer of the school to which he is assigned. Consistent with the25
requirements of law and the rules and regulations of the State Board of Elementary26
and Secondary Education and the parish or city local public school board by which27
he is employed, he shall have administrative responsibility for the direction and28 HLS 14RS-567 ORIGINAL
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supervision of the personnel and activities and the administration of the affairs of1
that school.2
Section 2. This Act shall become effective on July 1, 2014; if vetoed by the governor3
and subsequently approved by the legislature, this Act shall become effective on July 1,4
2014, or on the day following such approval by the legislature, whichever is later.5
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)]
Pearson HB No. 191
Abstract: Reenacts those provisions of Acts 2012, No. 1 relative to local school boards and
superintendents.
Proposed law reenacts those provisions of Acts 2012, No. 1 relative to local school boards
and superintendents, except changes effective date from July 1, 2012 to July 1, 2014. (Note:
Acts 2012, No. 1 has been declared unconstitutional by the 19
th
JDC as violative of the single
object requirements of the constitution. Media reports indicate that the decision will be
appealed to the supreme court. In general, changes made by an unconstitutional Act of the
legislature are ineffective and, therefore, the law prior to the unconstitutional Act remains
effective. Coding in bill shows changes in the law as it existed prior to Acts 2012, No. 1.
This digest treats the law prior to Acts 2012, No. 1 as present law and the reenacted changes
of this Act as proposed law.)
Present law grants local school boards certain authority with respect to personnel decisions.
Proposed law instead requires local school boards to delegate authority for personnel
decisions to the local superintendent, including policies related to reductions in force.
Present law requires the local superintendent to consult with principals relative to hiring and
placement decisions and provides that recommendations made by the principal are not
binding upon the superintendent. Proposed law instead requires the superintendent to
delegate such decisions to the principals, subject to the superintendent's approval.
Present law requires a school board to approve or disapprove employment of teachers and
certified personnel from recommendations made by the superintendent. Requires the
superintendent to make recommendations to the board in open public session. Requires the
board to provide opportunity for public comment. Proposed law deletes present law.
Proposed law 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.
Present law requires school boards to have rules and policies for the dismissal of school
employees when there is a reduction in force. Requires reduction in force policies to include
the following minimum standards: certification, if applicable; seniority in the system; tenure
of employees; and academic preparation, if applicable, within the employee's field. HLS 14RS-567 ORIGINAL
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Proposed law deletes present law and instead provides the following relative to reduction in
force policies:
(1)Policies for teachers and administrators shall be based solely on demand,
performance, and effectiveness. The least effective teachers within each targeted
subject area or area of certification shall be dismissed first according to effectiveness
ratings.
(2)Policies for noncertified school personnel shall be based on performance and
effectiveness as determined by local board policy and certification or academic
preparation if applicable.
(3)No reduction in force policy shall include seniority or tenure as the primary criterion.
Present law provides for appointment of principals by the local school board. Proposed law
instead provides for principals' appointments by the local superintendent.
Present law requires local school boards to include specified performance objectives in
employment contracts with the local superintendent. Proposed law specifies performance
targets that must be included in the contract if the school system has been rated "C", "D",
or "F". Requires all school boards to submit copies of such contracts to the state
superintendent of education. Provides that any employment contract executed, negotiated,
or renegotiated after July 1, 2014, between a board and superintendent that does not meet
requirements of present law and proposed law is null and void.
Present law requires a local school board to notify a local superintendent not less than 90
days prior to termination of a contract. Proposed law changes this to not less than 30 days
prior to termination. Also requires the board to notify the state superintendent when it
terminates or fails to renew its employment contract with the local superintendent giving
reasons therefor.
Present law provides that a local superintendent may 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. Proposed law
provides instead that he shall be removed from office under these circumstances.
Effective July 1, 2014.
(Amends R.S. 17:54(B)(1)(b)(i) and (iii), 81(A) and (P)(1), 81.4, 229, and 414.1)