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. 817
Abstract: Provides for transfer of schools and school systems to alternative governing
authorities upon petition of parents of affected children under certain circumstances.
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 reductions, with certain
exceptions. Provides for vocational agricultural teachers to teach and be paid on a 12-month
basis.
Proposed law provides for transfer of schools and school systems to alternative governing
authorities upon petition of parents of affected children as follows: (1)Provides definitions:
(a)"Alternative governing authority" means the State Board of Elementary and
Secondary Education (BESE), the Recovery School District, the governing
authority of a charter school as provided in a charter for the school, or other
governing authority approved by the state board.
(b)"Local public school board" means a city, parish, or other local public school
board.
(c)"Local school system" means a city, parish, or other local school system,
including all schools and administrative personnel under the jurisdiction of a local
public school board.
(2)Requires that a public school be removed from the jurisdiction of the local public school
board or other public entity and transferred by the BESE to the jurisdiction of an
alternative governing authority if the transfer is approved by BESE and both of the
following conditions are met:
(a)Parents or legal guardians representing at least a majority of the students attending
the school sign a petition requesting that the school be transferred to the
alternative governing authority specified in the petition.
(b)The school board is not in compliance with present law (described above) as
determined by the attorney general or by the legislative auditor based upon an
audit of the school board and system filed with his office as required by law.
(3)Requires that a local school system be removed from the jurisdiction of the local public
school board and transferred by BESE to the jurisdiction of an alternative governing
authority if the transfer is approved by BESE and both of the following conditions are
met:
(a)Parents or legal guardians representing at least a majority of the students attending
the schools in the local school system sign a petition requesting that the school be
transferred to the alternative governing authority specified in the petition.
(b)The school board is not in compliance with present law (described above) as
determined by the attorney general or by the legislative auditor based upon an
audit of the school board and system filed with his office as required by law, or a
majority of the school board members has been guilty of malfeasance in office as
certified to BESE by the district attorney.
(4)Requires BESE to adopt rules to implement proposed law to include:
(a)Format and procedures for submitting a petition to the state superintendent of education to be brought by him before BESE for review pursuant to the process
established for the consideration of schools or school systems eligible for transfer
to an alternative governing authority.
(b)A requirement that each student may be signed for by his parents or legal
guardians only one time on any given petition such that each student equals one
signature.
(c)Signature validation procedures that include requirements:
(i)That upon submission of a petition, the state Dept. of Education
determines if the number of signatures represents at least a majority of the
students attending the school or attending the schools in the school system,
as the case may be.
(ii)That the signatures be assumed valid unless challenged or there is
reasonable doubt of their validity. That if validity is challenged or
doubted, within 45 calendar days, the department shall review and verify
the signatures; if the department finds valid signatures that are fewer in
number than a majority required, parents or legal guardians have 30
calendar days from a date specified by the department to resolve
discrepancies and collect additional signatures. Prohibits discounting
signatures over technicalities if the clear intent of the parent or legal
guardian was to support the petition.
(d)Transfer procedures for students who choose not to remain enrolled at a school as
a result of approval of the school's transfer to an alternative governing authority.
(5)Requires the state Dept. of Education to maintain records regarding the contents and
outcomes of the petitions.
(6)Requires that parents or legal guardians be free from harassment, threats, and intimidation
related to circulation of or signing a petition.
(7)Prohibits use of school and district resources to support or oppose any effort by
petitioning parents or legal guardians to gather signatures and submit a petition.
(Adds R.S. 17:81.1)