HLS 14RS-1455 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 987
BY REPRESENTATIVE THOMPSON
TEACHERS: Provides relative teacher tenure and the removal of teachers
AN ACT1
To amend and reenact R.S. 17:442(C)(1) and 443(B), relative to teachers and administrators;2
to provide relative to tenure; to provide relative to removal of a teacher or3
administrator; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 17: 442(C)(1) and 443(B) are hereby amended and reenacted to read6
as follows:7
§442. Tenure8
* * *9
C.(1) Beginning with the 2013-2014 school year, a A tenured teacher who10
receives a performance rating of "ineffective" pursuant to the performance evaluation11
program as provided in R.S. 17:3881 through 3905 shall immediately lose his tenure12
and all related rights related thereto. If a A teacher who is rated "highly effective"13
based on the evidence of the growth portion of the evaluation but is rated14
"ineffective" according to the observation portion, within thirty days after such15
finding, the teacher shall be entitled to a second observation by members of a team16
of three designees, chosen by the local superintendent, which shall not include the17
principal.18
* * *19 HLS 14RS-1455 ORIGINAL
HB NO. 987
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§443. Removal of teachers; procedure; right to appeal1
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B.(1) A teacher with tenure shall not be removed from office except upon3
written and signed charges of poor performance, willful neglect of duty,4
incompetency, dishonesty, immorality, or of being a member of or contributing to5
any group, organization, movement, or corporation that is by law or injunction6
prohibited from operating in the state of Louisiana, and then only if furnished with7
a copy of such written charges and given the opportunity to respond. The teacher8
shall have seven days to respond, and such response shall be included in the teacher's9
personnel file. At the end of this seven-day time period, the superintendent may10
terminate the teacher's employment. A teacher shall not be terminated for an11
"ineffective" performance rating until completion of the grievance procedure12
established pursuant to R.S. 17:3883(A)(5) if a grievance was timely filed. Within13
seven days after dismissal, a teacher may request and upon request shall be granted14
a hearing by a panel committee composed of a designee of the superintendent, a15
designee of the principal or the administrative head of the state special school in16
which the teacher was employed, and a designee of the teacher. In no case shall the17
superintendent, the principal or state special school administrative head, or teacher18
designate an immediate family member or any full-time employee of the school19
system by which the teacher was employed who is under the supervision of the20
person making the designation. Such hearing may be private or public, at the option21
of the teacher, and shall begin within seven business days after receipt of the22
teacher's request for such hearing. The teacher shall have the right to appear before23
the tenure hearing panel committee with witnesses on his behalf and with counsel of24
his selection, all of whom shall be heard by the panel committee at the hearing. For25
the purpose of conducting hearings hereunder, the panel committee shall have the26
power to issue subpoenas to compel the attendance of all witnesses. Nothing herein27
contained shall impair the right to seek supervisory review from a court of competent28
jurisdiction.29 HLS 14RS-1455 ORIGINAL
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(2) The tenure hearing panel committee shall submit its recommendation to1
the superintendent, and the superintendent may choose to reinstate the teacher. If the2
superintendent does not reinstate the teacher, the superintendent shall notify the3
teacher of his final determination, in writing, and such teacher may, not more than4
sixty days from the postmarked date of such written notification, petition a court of5
competent jurisdiction to review whether the action of the superintendent was6
arbitrary or capricious. The court shall have jurisdiction to affirm or reverse the7
action of the superintendent in the matter. The record on review shall be limited to8
evidence presented to the tenure hearing panel committee, and the court shall review9
the matter not later than ten days after the petition has been filed. If the action of the10
superintendent is reversed by the court and the teacher is ordered reinstated and11
restored to duty, the teacher shall be entitled to full pay for any loss of time or salary12
he may have sustained by reason of the action of the superintendent.13
* * *14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
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)]
Thompson HB No. 987
Abstract: Provides relative to the procedures and removal process of a teacher who is rated
ineffective.
Present law provides for the requirements and procedures for awarding tenure to a teacher
and provides that the term "teacher" includes any school employee who holds a teaching
certificate and whose legal employment requires a teaching certificate.
Present law provides that beginning with the 2013-2014 school year, a tenured teacher who
receives an "ineffective" performance rating shall immediately lose tenure and all rights
related thereto. Further provides that if a teacher is rated "highly effective"on the growth
portion of the evaluation but is rated "ineffective" on the observation portion, within thirty HLS 14RS-1455 ORIGINAL
HB NO. 987
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are additions.
days after such finding, the teacher shall be entitled to a second observation by members of
a team of three designees, chosen by the local superintendent, which shall not include the
principal.
Present law provides for the grounds for termination of a teacher and the procedures to be
followed when terminating the employment of a teacher.
Proposed law deletes obsolete provisions and clarifies present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17: 442(C)(1) and 443(B))