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words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 365
BY SENATOR APPEL
TEACHERS. Provides relative to tenure and the removal of teachers. (gov sig)
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 SB NO. 365
SLS 14RS-792 ORIGINAL
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words in boldface type and underscored are additions.
principal.1
* * *2
§443. Removal of teachers; procedure; right to appeal3
* * *4
B.(1) A teacher with tenure shall not be removed from office except upon5
written and signed charges of poor performance, willful neglect of duty,6
incompetency, dishonesty, immorality, or of being a member of or contributing to7
any group, organization, movement, or corporation that is by law or injunction8
prohibited from operating in the state of Louisiana, and then only if furnished with9
a copy of such written charges and given the opportunity to respond. The teacher10
shall have seven days to respond, and such response shall be included in the teacher's11
personnel file. At the end of this seven-day time period, the superintendent may12
terminate the teacher's employment. A teacher shall not be terminated for an13
"ineffective" performance rating until completion of the grievance procedure14
established pursuant to R.S. 17:3883(A)(5) if a grievance was timely filed. Within15
seven days after dismissal, a teacher may request and upon request shall be granted16
a hearing by a panel committee composed of a designee of the superintendent, a17
designee of the principal or the administrative head of the state special school in18
which the teacher was employed, and a designee of the teacher. In no case shall the19
superintendent, the principal or state special school administrative head, or teacher20
designate an immediate family member or any full-time employe e of the school21
system by which the teacher was employed who is under the supervision of the22
person making the designation. Such hearing may be private or public, at the option23
of the teacher, and shall begin within seven business days after receipt of the24
teacher's request for such hearing. The teacher shall have the right to appear before25
the tenure hearing panel committee with witnesses on his behalf and with counsel26
of his selection, all of whom shall be heard by the panel committee at the hearing.27
For the purpose of conducting hearings hereunder, the panel committee shall have28
the power to issue subpoenas to compel the attendance of all witnesses. Nothing29 SB NO. 365
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herein contained shall impair the right to seek supervisory review from a court of1
competent jurisdiction.2
(2) The tenure hearing panel committee shall submit its recommendation to3
the superintendent, and the superintendent may choose to reinstate the teacher. If the4
superintendent does not reinstate the teacher, the superintendent shall notify the5
teacher of his final determination, in writing, and such teacher may, not more than6
sixty days from the postmarked date of such written notification, petition a court of7
competent jurisdiction to review whether the action of the superintendent was8
arbitrary or capricious. The court shall have jurisdiction to affirm or reverse the9
action of the superintendent in the matter. The record on review shall be limited to10
evidence presented to the tenure hearing panel committee, and the court shall review11
the matter not later than ten days after the petition has been filed. If the action of the12
superintendent is reversed by the court and the teacher is ordered reinstated and13
restored to duty, the teacher shall be entitled to full pay for any loss of time or salary14
he may have sustained by reason of the action of the superintendent.15
* * *16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Appel (SB 365)
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
days after such finding, the teacher shall be entitled to a second observation by members of SB NO. 365
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words in boldface type and underscored are additions.
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))