HLS 14RS-1059 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 653
BY REPRESENTATIVE NANCY LANDRY
SCHOOLS/EMPLOYEES: Provides relative to tenure for teachers and other public school
employees
AN ACT1
To amend and reenact R.S. 17:441, 442, 443, and 444(B)(1), to enact R.S. 17:532(C), and2
to repeal Subpart C of Part I-A of Chapter 1 of Title 17 of the Louisiana Revised3
Statutes of 1950, comprised of R.S. 17:45, R.S. 17:81(I), 444(A) and (B)(2) and (3),4
and 446, and Subpart B of Part II of Chapter 2 of Title 17 of the Louisiana Revised5
Statutes of 1950, comprised of R.S. 17:461 through 464, relative to teachers and6
other school employees; to provide relative to tenure for school employees and the7
removal of tenured and nontenured teachers; to provide for effectiveness; and to8
provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 17:441, 442, 443, and 444(B)(1) are hereby amended and reenacted11
and R.S. 17:532(C) is hereby enacted to read as follows:12
§441. Definitions13
As used in this Subpart, the word "teacher" means:14
(1) Any employee of any parish or city a local public school board, state15
special school, or a school or program administered by the special school district16
who holds a teacher's certificate and whose legal employment requires such teacher's17
certificate;18
(2) Any school lunch supervisor employed by a parish or city local public19
school board who holds a special parish school lunch supervisor's certificate issued20 HLS 14RS-1059 ORIGINAL
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by the department Department of education Education of the state of Louisiana and1
whose employment requires such certificate. No employee as defined in this2
Paragraph hired on or after July 1, 2014, shall be eligible to acquire tenure.3
§442. Probation and tenure of parish or city school teachers Tenure4
Each teacher shall serve a probationary term of three years to be reckoned5
from the date of his first appointment in the parish or city in which the teacher is6
serving his probation. During the probationary term the parish or city school board,7
as the case may be, may dismiss or discharge any probationary teacher upon the8
written recommendation of the parish or city superintendent of schools, as the case9
may be, accompanied by valid reasons therefor.10
Any teacher found unsatisfactory by the parish or city school board, as the11
case may be, at the expiration of the said probationary term, shall be notified in12
writing by the board that he has been discharged or dismissed; in the absence of such13
notification, such probationary teacher shall automatically become a regular and14
permanent teacher in the employ of the school board of the parish or city, as the case15
may be, in which he has successfully served his three year probationary term; all16
teachers in the employ of any parish or city school board as of July 31, 1946 who17
hold proper certificates and who have served satisfactorily as teachers in that parish18
or city for more than three consecutive years, are declared to be regular and19
permanent teachers in the employ of the school board of that parish or city.20
A.(1)(a) A teacher who has acquired tenure before September 1, 2014,21
retains tenure and is subject to the provisions of this Section.22
(b) Effective beginning on July 1, 2014, a teacher rated "highly effective"23
for five years within a six-year period pursuant to the performance evaluation24
program as provided in R.S. 17:3881 through 3905 shall be granted tenure.25
(2) A teacher paid with federal funds shall not be eligible to acquire tenure,26
nor shall time spent in employment paid with federal funds be counted toward the27
time required for acquisition of tenure.28 HLS 14RS-1059 ORIGINAL
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B. The school superintendent shall notify a teacher, in writing, when tenure1
has been awarded and the teacher is deemed to have acquired tenure on the date2
specified therein. A teacher who is not awarded tenure remains an at-will employee3
of the public school board or the special school district but shall acquire tenure upon4
meeting the criteria established in Subsection A of this Section.5
C.(1) Beginning with the 2015-2016 school year, a tenured teacher who6
receives a performance rating of "ineffective" pursuant to the performance evaluation7
program as provided in R.S. 17:3881 through 3905 shall immediately lose his tenure8
and all rights related thereto. If a teacher is rated "highly effective" based on the9
evidence of the growth portion of the evaluation but is rated "ineffective" according10
to the observation portion, within thirty days after such finding, the teacher shall be11
entitled to a second observation by members of a team of three designees, chosen by12
the local superintendent, which shall not include the principal.13
(2) Such teacher shall reacquire tenure if any of the following applies:14
(a) The teacher's "ineffective" performance rating is reversed pursuant to the15
grievance procedure established pursuant to R.S. 17:3883(A)(5). In such case, the16
teacher's tenure shall be immediately reinstated.17
(b) The teacher receives a performance rating of "highly effective" for five18
years within a six-year period subsequent to receiving an "ineffective" rating as19
provided in Subsection A of this Section.20
§443. Removal of teachers; procedure; right to appeal21
A. The school superintendent may terminate the employment of any22
nontenured teacher after providing such teacher with the written reasons therefor and23
providing the teacher the opportunity to respond. The teacher shall have seven days24
to respond, and such response shall be included in the teacher's personnel file.25
A.B.(1) A permanent teacher with tenure shall not be removed from office26
except upon written and signed charges of poor performance, willful neglect of duty,27
or incompetency, dishonesty, or immorality, or of being a member of or contributing28
to any group, organization, movement, or corporation that is by law or injunction29 HLS 14RS-1059 ORIGINAL
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prohibited from operating in the state of Louisiana, and then only if found guilty1
after furnished with a copy of such written charges and given the opportunity to2
respond. The teacher shall have seven days to respond, and such response shall be3
included in the teacher's personnel file. At the end of this seven-day time period, the4
superintendent may terminate the teacher's employment. A teacher shall not be5
terminated for an "ineffective" performance rating until completion of the grievance6
procedure established pursuant to R.S. 17:3883(A)(5) if a grievance was timely filed.7
Within seven days after dismissal, a teacher may request and upon request shall be8
granted a hearing by the school board of the parish or city, as the case may be a panel9
composed of a designee of the superintendent, a designee of the principal or the10
administrative head of the state special school in which the teacher was employed,11
and a designee of the teacher. In no case shall the superintendent, the principal or12
state special school administrative head, or teacher designate an immediate family13
member or any full-time employee of the school system by which the teacher was14
employed who is under the supervision of the person making the designation. Such,15
which hearing may be private or public, at the option of the teacher, At least twenty16
days in advance of the date of the hearing, the superintendent with approval of the17
school board shall furnish the teacher with a copy of the written charges. Such18
statement of charges shall include a complete and detailed list of the specific reasons19
for such charges and shall include but not be limited to the following: date and place20
of alleged offense or offenses, names of individuals involved in or witnessing such21
offense or offenses, names of witnesses called or to be called to testify against the22
teacher at said hearing, and whether or not any such charges previously have been23
brought against the teacher and shall begin within seven business days after receipt24
of the teacher's request for such hearing. The teacher shall have the right to appear25
before the board tenure hearing panel with witnesses in on his behalf and with26
counsel of his selection, all of whom shall be heard by the board panel at said the27
hearing. For the purpose of conducting hearings hereunder, the board panel shall28
have the power to issue subpoenas to compel the attendance of all witnesses on29 HLS 14RS-1059 ORIGINAL
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behalf of the teacher. Nothing herein contained shall impair the right of appeal to1
to seek supervisory review from a court of competent jurisdiction.2
B. (2) If a permanent teacher is found guilty by a school board, after due and3
legal hearing as provided herein, on charges of willful neglect of duty, or of4
incompetency, dishonesty, or immorality, or of being a member of or contributing5
to any group, organization, movement, or corporation that is by law or injunction6
prohibited from operating in the state of Louisiana, and ordered removed from office,7
or disciplined by the board, the superintendent with approval of the board shall8
furnish to the teacher a written statement of recommendation of removal or9
discipline, which shall include but not be limited to the exact reason(s), offense(s),10
or instance(s) upon which the recommendation is based. The tenure hearing panel11
shall submit its recommendation to the superintendent, and the superintendent may12
choose to reinstate the teacher. If the superintendent does not reinstate the teacher,13
the superintendent shall notify the teacher of his final determination, in writing, and14
Such such teacher may, not more than one year sixty days from the date of the said15
finding, postmarked date of such written notification, petition a court of competent16
jurisdiction for a full hearing to review whether the action of the school board17
superintendent, and the was arbitrary or capricious. The court shall have jurisdiction18
to affirm or reverse the action of the school board superintendent in the matter. The19
record on review shall be limited to evidence presented to the tenure hearing panel,20
and the court shall review the matter not later than ten days after the petition has21
been filed. If the finding action of the school board superintendent is reversed by the22
court and the teacher is ordered reinstated and restored to duty, the teacher shall be23
entitled to full pay for any loss of time or salary he or she may have sustained by24
reason of the action of the said school board superintendent.25
C. For the purposes of this Section, immorality shall mean any conviction26
of a felony offense affecting the public morals enumerated in Part V of Chapter 1 of27
Title 14 of the Louisiana Revised Statutes of 1950.28 HLS 14RS-1059 ORIGINAL
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D. For purposes of this Section, the results of a teacher's evaluation1
performed pursuant R.S. 17:3881 through 3905 evaluating the teacher's performance2
as "ineffective" shall constitute sufficient proof of poor performance, incompetence,3
or willful neglect of duty and no additional documentation shall be required to4
substantiate such charges.5
§444. Promotions to and employment into positions of higher salary and tenure6
* * *7
B.(1) Whenever a teacher who has acquired permanent status tenure, as set8
forth in R.S. 17:442, in a parish or city local public school system or the special9
school district is promoted by the employing school board superintendent by moving10
such teacher from a position of lower salary to one of higher salary, such teacher11
shall not gain permanent status be eligible to earn tenure in the position to which he12
is promoted, but shall retain permanent status any tenure acquired as a teacher,13
pursuant to R.S. 17:442.14
* * *15
§532. Probationary term and tenure16
* * *17
C. No employee, as defined in R.S. 17:531, hired on or after July 1, 2014,18
shall be eligible to acquire permanent status.19
Section 2. Subpart C of Part I-A of Chapter 1 of Title 17 of the Louisiana Revised20
Statutes of 1950, comprised of R.S. 17:45, R.S. 17:81(I), 444(A) and (B)(2) and (3), and21
446, and Subpart B of Part II of Chapter 2 of Title 17 of the Louisiana Revised Statutes of22
1950, comprised of R.S. 17:461 through 464, are hereby repealed in their entirety.23
Section 3. This Act shall become effective on July 1, 2014; if vetoed by the governor24
and subsequently approved by the legislature, this Act shall become effective on July 1,25
2014, or on the day following such approval by the legislature, whichever is later.26 HLS 14RS-1059 ORIGINAL
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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. 653
Abstract: Reenacts those provisions of Acts 2012, No. 1 relative to tenure for school
employees and the removal of tenured and nontenured teachers.
Proposed law reenacts those provisions of Acts 2012, No. 1 relative to tenure for school
employees and the removal of tenured and nontenured teachers, except changes effective
date from July 1, 2012, to July 1, 2014. (Note: Acts 2012, No. 1 has been declared
unconstitutional by the 19th JDC as violative of the single object requirements of the
constitution. The decision may 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 requires each teacher to serve a three-year probationary term. Authorizes local
school boards to dismiss or discharge any probationary teacher upon written
recommendation of the local superintendent accompanied by valid reasons. Provides that
any teacher found unsatisfactory by the local school board at the end of the probationary
term be dismissed. Provides that if not dismissed, the teacher automatically becomes a
regular and permanent teacher. Provides separate provisions for teachers in Orleans Parish
and the special school district.
Proposed law provides instead as follows:
(1)A teacher who receives a performance rating of "highly effective" for five years
within a six-year period shall be granted tenure.
(2)A teacher who is not awarded tenure remains an at-will employee but shall acquire
tenure upon meeting this rating requirement.
(3)Beginning with the 2015-2016 school year, a tenured teacher who receives a
performance rating of "ineffective" shall immediately lose tenure.
(4)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 grievance procedure
established in present law.
(b)The teacher receives a "highly effective" performance rating for five years
within a six-year period.
(5)Provides that a teacher who has acquired tenure before September 1, 2014, retains
tenure and is subject to proposed law.
(6)Consolidates the tenure provisions for all certified school employees.
Proposed law provides that a school lunch supervisor shall not be eligible for tenure on or
after June 1, 2014. HLS 14RS-1059 ORIGINAL
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Proposed law adds that an employee of the Iberville Parish School Board who (1) is a
member of or is eligible for membership in the State Teachers' Retirement System of La. and
who is not covered by the provisions of present law relative to tenure and (2) is hired on or
after July 1, 2014, shall not be eligible to acquire permanent status.
Present law authorizes removal of a tenured teacher upon written charges of willful neglect
of duty, incompetency, dishonesty, immorality, or of being a member of an entity prohibited
from operating in the state. Proposed law provides that poor performance is also grounds
for removal of a tenured teacher. Proposed law provides that an "ineffective" rating on a
performance evaluation constitutes proof of poor performance, incompetence, or willful
neglect of duty and that no additional documentation to substantiate such charges is required.
Present law provides for a hearing by the school board to determine whether the teacher was
guilty of the charges.
Proposed law provides that a teacher has seven days to respond to written charges, after
which time the superintendent may remove the teacher. Requires that the removed teacher
be given a hearing if he requests one within seven days of removal. Provides for
appointment of a panel to conduct such a hearing; the panel is 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.
Present law provides that if the teacher is found guilty and ordered removed or disciplined
by the board, the superintendent with approval of the board is required to furnish to the
teacher a written statement of recommendation of removal or discipline. Authorizes the
teacher to, within one year, petition a court for a full hearing to review the action of the
school board. Provides that if the court reverses the finding of the school board and orders
the teacher reinstated, the teacher is entitled to full pay for any loss of time or salary.
Proposed law requires the hearing panel to 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. Grants the teacher 60 days to petition a court to review the superintendent's action
and to determine whether it was arbitrary or capricious. Requires that the record on review
be limited to evidence presented to the tenure hearing panel.
Present law provides that it does not impair the right of appeal to a court of competent
jurisdiction. Proposed law instead provides that it does not impair the right to seek
supervisory review from such court.
Relative to nontenured teachers, proposed law:
(1)Authorizes a superintendent to terminate employment upon providing the teacher
with written charges therefor and the opportunity to respond.
(2)Grants the teacher seven days to respond and provides that the response shall be
included in the teacher's personnel file.
Effective July 1, 2014.
(Amends R.S. 17:441, 442, 443, and 444(B)(1); Adds R.S. 17:532(C); Repeals R.S. 17:45,
81(I), 444(A) and (B)(2) and (3), 446, and 461- 464)