HLS 14RS-649 ORIGINAL
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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 2
BY REPRESENTATIVE PIERRE
TEACHERS/EVALUATION: Repeals a State Board of Elementary and Secondary
Education rule
A CONCURRENT RESOLUTI ON1
To repeal the State Board of Elementary and Secondary Education rule (LAC2
28:CXLVII:309(C)), relative to the teacher evaluation process, and to direct the3
Office of the State Register to print the notice of the repeal in the Louisiana4
Administrative Code.5
WHEREAS, relative to the process for evaluating teachers, R.S. 17:3902(B)(5) states6
that "fifty percent of such evaluations shall be based on evidence of growth in student7
achievement using a value-added assessment model as determined by the board for grade8
levels and subjects for which value-added data is available"; and9
WHEREAS, LAC 28:CXLVII.309(C) states that "any educator receiving a rating of10
ineffective in either the student growth or the qualitative performance component of the11
evaluation shall receive an overall final rating of ineffective"; and 12
WHEREAS, there is some concern that the rule adopted by the State Board of13
Elementary and Secondary Education conflicts with the requirements of the law and is14
contrary to the legislature's intent in passing the law; and15
WHEREAS, R.S. 49:969 provides that the "legislature, by Concurrent Resolution,16
may suspend, amend, or repeal any rule or regulation or body of rules or regulations, or any17
fee or any increase, decrease, or repeal of any fee, adopted by a state department, agency,18
board, or commission".19
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC20
28:CXLVII.309(C) is hereby repealed in its entirety.21 HLS 14RS-649 ORIGINAL
HCR NO. 2
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BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the1
Office of the State Register, the president of the State Board of Elementary and Secondary2
Education, and the state superintendent of education.3
BE IT FURTHER RESOLVED that the Office of the State Register is hereby4
directed to have the notice of the repeal of the rule printed and incorporated into the5
Louisiana Administrative Code and to transmit a copy of the revised rule to the president of6
the State Board of Elementary and Secondary Education and the state superintendent of7
education.8
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)]
Pierre HCR No.
Abstract: Relative to teacher evaluations, repeals administrative rule requiring that a
teacher rated as ineffective on a portion of the evaluation receive an overall rating
of ineffective. 2
Present rule provides generally for the process for teacher evaluations and specifically
provides that 50% of such evaluations shall be based on evidence of growth in student
achievement using a value-added assessment model as determined by the State Board of
Elementary and Secondary Education (BESE) for grade levels and subjects for which value-
added data is available.
Present rule provides that teachers and administrators receive a final composite score on
annual evaluations to determine their effectiveness rating for that academic year, with 50%
of evaluations based on student growth and the other 50% based on a qualitative assessment.
Proposed rule retains present rule.
Present rule further provides that any educator receiving a rating of ineffective in either the
student growth or the qualitative performance component of the evaluation shall receive a
final rating of ineffective. Proposed rule repeals present rule.
Directs the clerk of the House of Representatives to transmit copies of the Resolution to the
Office of the State Register, the president of BESE, and the state superintendent of
education.
Directs of the Office of the State Register to print the notice of the repeal of the rule in the
La. Administrative Code and to transmit a copy of the revised rules to the president of BESE
and the state superintendent of education.
(Repeals LAC 28:CXLVII.309(C))