HLS 15RS-365 ORIGINAL
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 6
BY REPRESENTATIVE PIERRE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TEACHERS/EVALUATION: Repeals a State Board of Elementary and Secondary
Education rule
1 A CONCURRENT RESOL UTION
2To repeal the State Board of Elementary and Secondary Education rule (LAC
3 28:CXLVII.309(C)), relative to the teacher evaluation process, and to direct the
4 office of the state register to print the notice of the repeal in the Louisiana
5 Administrative Code.
6 WHEREAS, relative to the process for evaluating teachers, R.S. 17:3902(B)(5) states
7that "fifty percent of such evaluations shall be based on evidence of growth in student
8achievement using a value-added assessment model as determined by the board for grade
9levels and subjects for which value-added data is available"; and
10 WHEREAS, LAC 28:CXLVII.309(C) states that "any educator receiving a rating of
11ineffective in either the student growth or the qualitative performance component of the
12evaluation shall receive an overall final rating of ineffective"; and
13 WHEREAS, there is some concern that the rule adopted by the State Board of
14Elementary and Secondary Education conflicts with the requirements of the law and is
15contrary to the legislature's intent in passing the law; and
16 WHEREAS, R.S. 49:969 provides that the "legislature, by Concurrent Resolution,
17may suspend, amend, or repeal any rule or regulation or body of rules or regulations, or any
18fee or any increase, decrease, or repeal of any fee, adopted by a state department, agency,
19board, or commission".
Page 1 of 2 HLS 15RS-365 ORIGINAL
HCR NO. 6
1 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
228:CXLVII.309(C) is hereby repealed in its entirety.
3 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
4office of the state register, the president of the State Board of Elementary and Secondary
5Education, and the state superintendent of education.
6 BE IT FURTHER RESOLVED that the office of the state register is hereby directed
7to have the notice of the repeal of the rule printed and incorporated into the Louisiana
8Administrative Code and to transmit a copy of the revised rule to the president of the State
9Board of Elementary and Secondary Education and the state superintendent of education.
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)]
HCR 6 Original 2015 Regular Session Pierre
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. 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.
(Repeals LAC 28:CXLVII.309(C))
Page 2 of 2