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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 94
BY SENATOR GALLOT
TEACHERS. Provides relative to acquisition and loss of teacher tenure. (see Act)
AN ACT1
To amend and reenact R.S. 17:442(A) and (C), relative to teacher tenure; to provide2
different requirements and conditions for the acquisition and loss of tenure for3
specified time periods; to provide for effectiveness; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 17:442(A) and (C) are hereby amended and reenacted to read as7
follows:8
ยง442. Tenure9
A.(1)(a) A teacher who has acquired tenure before September 1, 2012, retains10
tenure and is subject to the provisions of this Section.11
(b) Effective beginning on July 1, 2014, and continuing through June 30,12
2025, a teacher rated "highly effective" for three consecutive years pursuant to13
the performance evaluation program as provided in R.S. 17:3881 through 390514
shall be granted tenure.15
(c) Effective beginning on July 1, 2012 2025, a teacher rated "highly16
effective" for five years within a six-year period pursuant to the performance17 SB NO. 94
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words in boldface type and underscored are additions.
evaluation program as provided in R.S. 17:3881 through 3905 shall be granted1
tenure.2
(2) A teacher paid with federal funds shall not be eligible to acquire tenure,3
nor shall time spent in employment paid with federal funds be counted toward the4
time required for acquisition of tenure.5
* * *6
C.(1)(a) Beginning with the 2014-2015 school year and continuing7
through the 2024-2025 school year, a tenured teacher who receives a8
performance rating of "ineffective" for two consecutive years pursuant to the9
performance evaluation program as provided in R.S. 17:3881 through 390510
shall immediately lose his tenure and all rights related thereto.11
(b) Beginning with the 2013-2014 2025-2026 school year, a tenured teacher12
who receives a performance rating of "ineffective" pursuant to the performance13
evaluation program as provided in R.S. 17:3881 through 3905 shall immediately lose14
his tenure and all rights related thereto.15
(c) If a teacher is rated "highly effective" based on the evidence of the growth16
portion of the evaluation but is rated "ineffective" according to the observation17
portion, within thirty days after such finding, the teacher shall be entitled to a second18
observation by members of a team of three designees, chosen by the local19
superintendent, which shall not include the principal.20
(2) Such teacher shall reacquire tenure if any of the following applies:21
(a) The teacher's "ineffective" performance rating is reversed pursuant to the22
grievance procedure established pursuant to R.S. 17:3883(A)(5). In such case, the23
teacher's tenure shall be immediately reinstated.24
(b) The Beginning with the 2014-2015 school year and continuing25
through the 2024-2025 school year, the teacher receives a performance rating26
of "highly effective" for three consecutive years subsequent to receiving an27
"ineffective" rating as provided in Subsection A of this Section.28
(c) Beginning with the 2025-2026 school year, the teacher receives a29 SB NO. 94
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words in boldface type and underscored are additions.
performance rating of "highly effective" for five years within a six-year period1
subsequent to receiving an "ineffective" rating as provided in Subsection A of this2
Section.3
* * *4
Section 2. This Act shall become effective upon a court judgment issued declaring5
Act 1 of the 2012 Regular Session of the Louisiana Legislature to be constitutional becoming6
final and definitive.7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Gallot (SB 94)
Relative to the acquisition of teacher tenure:
Present law provides that beginning on 7/1/2012, a teacher rated "highly effective" for five
years within a six-year period pursuant to the state's teacher evaluation program shall be
granted tenure.
Proposed law provides that during the time period beginning on 7/1/2014 and ending on
6/30/2025, a teacher rated "highly effective" for three consecutive years pursuant to the
state's teacher evaluation program shall be granted tenure. Further provides that beginning
on 7/1/2025, a teacher rated "highly effective" for five years within a six-year period
pursuant to the state's teacher evaluation program shall be granted tenure.
Relative to the loss of teacher tenure:
Present law provides that beginning with the 2013-2014 school year, a tenured teacher who
receives a performance rating of "ineffective" pursuant to the state's teacher evaluation
program shall immediately lose his tenure and all related rights.
Proposed law provides that beginning with the 2014-2015 school year and continuing
through the 2024-2025 school year, a tenured teacher who receives a performance rating of
"ineffective" for two consecutive years pursuant to the state's teacher evaluation program
shall immediately lose his tenure and all related rights. Further provides that beginning with
the 2025-2026 school year, a tenured teacher who receives a performance rating of
"ineffective" pursuant to the state's teacher evaluation program shall immediately lose his
tenure and all related rights.
Present law provides that if a teacher is rated "highly effective" based on the evidence of the
growth portion of the evaluation but is rated "ineffective" according to the observation
portion, within 30 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.
Proposed law retains these provisions.
Relative to reacquisition of teacher tenure:
Present law provides that a teacher's tenure shall be immediately reinstated if a teacher's SB NO. 94
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
"ineffective" performance rating is reversed pursuant to the grievance procedure established
pursuant to present law.
Proposed law retains these provisions.
Present law provides that a teacher shall reacquire tenure if the teacher receives a
performance rating of "highly effective" for five years within a six-year period subsequent
to receiving an "ineffective" rating.
Proposed law provides that beginning with the 2014-2015 school year and continuing
through the 2024-2025 school year, a teacher shall reacquire tenure if the teacher is rated
"highly effective" for three consecutive years subsequent to receiving an "ineffective" rating.
Further provides that beginning with the 2025-2026 school year, a teacher shall reacquire
tenure if the teacher is rated "highly effective" for five consecutive years in a six-year period
subsequent to receiving an "ineffective" rating.
Proposed law provides that proposed law is effective upon a court judgment issued declaring
Act 1 of the 2012 Regular Session to be constitutional becoming final and definitive.
(Amends R.S. 17:442(A) and (C))