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2023 Regular Session
SENATE BILL NO. 197
BY SENATOR PEACOCK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TEACHERS. Provides relative to teacher certification. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 17:7(6), 7.1, and 15(B) and (C), to enact R.S. 17:8.1 through 8.9,
3 and to repeal R.S. 17:7(6)(e) and (10), relative to the certification of educators and
4 school personnel; to provide for conditional admission into an approved teacher
5 education program; to provide for alternative certification for certain persons; to
6 provide relative to teachers certified in other states; to remove requirements for
7 certain teaching authorizations and certifications; to provide relative to the
8 qualifications and certifications of principals, superintendents, and school
9 psychologists; to provide relative to criminal background checks for certification and
10 authorization to teach; to provide consistency in terminology; to recodify and
11 redesignate certain current provisions of Title 17 of the Louisiana Revised Statutes
12 of 1950 into a new format and number scheme, to be comprised of R.S. 17:8.1
13 through 8.9 without changing the text of the provisions except as provided in this
14 instrument; to make technical and conforming changes to reflect the format and
15 number scheme provided in this instrument; to direct the Louisiana State Law
16 Institute to change references to segments of law in existing statutes and codes as
17 necessary to reflect the redesignation of those segments as provided in this
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1 instrument; and to provide for related matters.
2 Be it enacted by the Legislature of Louisiana:
3 Section 1. R.S. 17:7(6), 7.1, and 15(B) and (C) are hereby amended and reenacted,
4 and R.S. 17:8.1 through 8.9 are enacted to read as follows:
5 §7. Duties, functions, and responsibilities of board
6 In addition to the authorities granted by R.S. 17:6 and any powers, duties, and
7 responsibilities vested by any other applicable laws, the board shall:
8 * * *
9 (6)(a)(i) Prescribe the qualifications and provide for the certification of
10 teachers in accordance with applicable law, which qualifications and requirements
11 shall ensure that certification shall be a reliable indicator of the minimum current
12 ability and proficiency of the teacher to educate at the grade level and in the subjects
13 to which the teacher is assigned.
14 (ii) [Redesignated as R.S. 17:8.1(C)]
15 (b) [Redesignated as R.S. 17:8.2(A) and (B)(introductory paragraph) and (1)]
16 (i) [Redesignated as R.S. 17:8.2(B)(2)]
17 (ii) [Redesignated as R.S. 17:8.2(C)]
18 (iii) [Redesignated as R.S. 17:8.2(D)]
19 (iv) [Redesignated as R.S. 17:8.2(E)]
20 (v) [Redesignated as R.S. 17:8.2(F)]
21 (vi) [Redesignated as R.S. 17:8.2(G)]
22 (c) [Redesignated as R.S. 17:8.3)]
23 (d) [Redesignated as R.S. 17:8.2(H)]
24 (e) [Repealed]
25 (f) [Redesignated as R.S. 17:8.8]
26 (g) [Redesignated as R.S. 17:8.5]
27 (h) [Redesignated as R.S. 17:8.7(B)]
28 (i) [Redesignated as R.S. 17:8.7(C)]
29 * * *
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1 §7.1. §8.1. Certification of teachers; certification of principals and superintendents;
2 certification of school psychologists
3 A. In carrying out its responsibility to prescribe the qualifications and provide
4 for the certification of teachers under authority of R.S. 17:7(6), the qualifications and
5 requirements established by the State Board of Elementary and Secondary Education
6 for certification of any applicant for certification who completes an approved teacher
7 education program in Louisiana shall include but not be limited to the following:
8 (1) Beginning with the 2024-2025 academic year, that each approved teacher
9 education program shall not require more than one hundred twenty semester hours
10 of college credit for degree completion, inclusive of any classroom observation time
11 or mentorship requirements. Programs designated by the Board of Regents as dual
12 degrees or dual certifications shall be permitted to exceed the one-hundred-
13 twenty-semester-hour credit limit.
14 (2) That the applicant shall have attained a 2.20 average on a 4.00 scale as a
15 condition for entrance into a teacher education program. However, an applicant
16 who has not attained a 2.20 average may be granted conditional acceptance into
17 a teacher education program. In order for a student granted conditional
18 acceptance to continue in a teacher education program that awards credit
19 hours, the student shall achieve a 3.00 by the end of the first twelve credit hours.
20 In order for a student granted conditional acceptance to continue in a teacher
21 education program that does not award credit hours, the student shall
22 demonstrate mastery of competencies as required by the program and by the
23 school system in which the applicant completes required clinical practice.
24 (3)(a) That the applicant shall have achieved a 2.50 average on a 4.00 scale
25 at graduation from an approved program.
26 (b) An applicant who has passed all requisite examinations covering
27 pre-professional skills and content knowledge but who does not meet the
28 requirement of Subparagraph (a) of this Paragraph may be certified if he completes
29 upon completion of a post-baccalaureate program, or he may be employed as a
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1 teacher for a period not to exceed five years in the following manner:
2 (i) The state superintendent of education, upon receipt of a signed affidavit
3 by the president and superintendent of the school board to which such person has
4 applied for employment that there is no other applicant available for employment for
5 a specific teaching position who has met the requirements of this Section, may issue
6 an emergency teaching permit to such person. Such permit shall be in effect for not
7 more than five years.
8 (ii) After five years of effective teaching evaluations pursuant to R.S.
9 17:3902 and upon a signed affidavit of a superintendent of a school system
10 recommending to employ the person for the following school year subject to the
11 receipt of a valid Louisiana teaching certificate, the person shall be granted a valid
12 standard professional level teaching certificate by the state superintendent of
13 education, subject only to passing all provisions of law relative to background checks
14 and criminal history review granted a provisional teaching permit pursuant to
15 R.S. 17:8.3.
16 (4)(a) For applicants who have participated in any undergraduate teacher
17 education program, that the applicant shall complete the prescribed number of
18 semester hours in the teaching of reading as established in policy by the State Board
19 of Elementary and Secondary Education in accordance with the level of certification
20 to be awarded, such. The requirement to shall be in addition to requirements for
21 English courses, and such. The courses in the teaching of reading shall emphasize
22 techniques of teaching reading and the recognition and correction of reading
23 problems of the student that are based on the science of reading and designed for
24 educators and that include information on instructing students regarding
25 phonemic awareness, phonics, fluency, vocabulary, and comprehension. For
26 certification at the secondary level, not more than three semester hours in the
27 teaching of reading shall be considered for purposes of meeting certification
28 requirements.
29 (b) For applicants who have participated in any alternate teacher education
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1 program as provided pursuant to rules and regulations adopted by the State Board of
2 Elementary and Secondary Education, that the applicant shall be given the option of
3 either completing the same amount of semester hours as required for the teaching of
4 reading for undergraduate program applicants pursuant to this Paragraph or, in lieu
5 of such the semester hour requirements, shall possess the reading and literacy
6 competencies identified in scientifically based reading research at the national level
7 and approved by the State Board of Elementary and Secondary Education for the
8 teaching of reading.
9 (5) That the applicant shall have spent a minimum of 270 two hundred
10 seventy clock hours in student teaching with at least 180 of such one hundred
11 eighty hours spent in actual teaching.
12 (6) That the applicant shall have completed a substantial portion of his 180
13 the one hundred eighty hours of actual student teaching on an all-day basis.
14 [Effective Date: Text of Paragraph (A)(8) (A)(7) effective on January 1, 2024.]
15 (7)(8) That an applicant who is applying for initial certification to teach
16 kindergarten through third grade shall, as part of the examination required pursuant
17 to R.S. 17:7(6)(b) R.S. 17:8.2, pass a rigorous test of scientifically researched,
18 evidence-based reading instruction and intervention, including data-based
19 decisionmaking principles related to reading instruction and intervention, as
20 approved by the Department of Education.
21 [§7.1(B) redesignated as §17:8.4]
22 §7.1(C)B. The State Board of Elementary and Secondary Education may
23 adopt such any rules as are necessary for the orderly implementation of this Section
24 and may make further provisions with regard to qualifications and requirements not
25 inconsistent with this Section.
26 §7(6)(a)(ii)C.Additionally, whenever there is a qualification or condition
27 established by law or board policy, or both, that a teacher holding a regular standard
28 professional level teacher certificate which is valid for three years shall comply
29 with, in order for the teacher to be issued a permanent regular standard professional
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1 level teacher certificate, and it is not possible for a teacher at a nonpublic school to
2 comply with such the qualification or condition due to the teacher being employed
3 at a nonpublic school, the board shall establish an alternative method or process by
4 which the nonpublic school teacher may meet such the qualification or condition. A
5 teacher employed in a nonpublic school who meets the qualifications or conditions
6 pursuant to the alternative method or process established pursuant to this Item
7 Subsection shall be issued a permanent regular standard professional level teacher
8 certificate which shall be valid for all purposes in this state and under all the same
9 conditions as if it had been issued to a teacher who complied with the qualifications
10 or conditions as otherwise established by law or board policy. Prior to establishing
11 an alternative method or process, the board shall direct the nonpublic school
12 commission to formulate, develop, and recommend to the board the alternative
13 method or process by which the nonpublic school teacher may meet the qualification,
14 or condition and the method or process established by the board shall be consistent
15 with the recommendations of the nonpublic school commission.
16 §7.1(D) [Redesignated as R.S. 17:8.6(A)]
17 §7.1(E) [Redesignated as R.S. 17:8.6(B)]
18 §7.1(F) D. In carrying out its responsibility to prescribe the qualifications and
19 provide for the certification of teachers under authority of R.S. 17:7(6), if the State
20 Board of Elementary and Secondary Education enters into any agreement for the
21 certification to teach in Louisiana of teachers certified to teach in another state, such
22 the agreement shall:
23 (1) Be reciprocal, making applicable to any other state which is a party to
24 such the agreement and teachers certified to teach in such the other state who seek
25 certification in Louisiana equivalent to requirements as determined by the Louisiana
26 state Department of Education to those the agreement places on Louisiana and
27 teachers certified to teach in Louisiana who apply for certification in another the
28 other state.
29 (2) Provide for the certification in Louisiana of a teacher certified to teach in
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1 another state only if such the teacher has been employed in a professional
2 educational capacity requiring certification as a teacher for the three years
3 immediately preceding application for Louisiana teacher certification unless the
4 teacher completes such the additional educational requirements as shall be approved
5 by the State Board of Elementary and Secondary Education. The provisions of this
6 Paragraph shall not apply to a teacher who has been certified to teach in another state
7 for less than three years and has been employed in a professional educational
8 capacity requiring certification as a teacher for the entire period of certification.
9 §8.2. Teacher certification examinations
10 §7(6)(b) A. A person applying for initial certification as a teacher in a public
11 school shall have passed satisfactorily an examination, which shall include
12 pedagogical knowledge, and knowledge in his the applicant's area of specialization,
13 as a prerequisite to the granting of such the certificate by the State Board of
14 Elementary and Secondary Education.
15 B. However, a person the following persons may be issued a provisional
16 teaching permit or an authorization to teach without meeting the requirement
17 of Subsection A of this Section:
18 (1) Any person who is employed as a foreign language teacher in a Certified
19 Foreign Language Immersion Program pursuant to R.S. 17:273.2, and who is not
20 otherwise eligible to receive state authorization to teach through participation in the
21 Foreign Associate Teacher Program, shall not be required to pass the examination
22 required by this Subparagraph, but shall who has at least have a baccalaureate
23 degree, and shall be subject to has satisfied all provisions of state law relative to
24 background checks and criminal history review applicable to the employment of
25 public school personnel.
26 (i) Any person certified to teach in another state who applies for certification
27 to teach in the public schools of Louisiana shall be required to pass satisfactorily the
28 examination which is administered in accordance with the provisions of this
29 Paragraph as a prerequisite to the granting of such certification. However, a
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1 (2) Any teacher certified in another state who meets all other requirements
2 for a Louisiana standard professional level teacher certificate granted to out-
3 of-state graduates except for the satisfactory passage of the examination shall be
4 granted a three-year provisional certificate and who does not meet the
5 requirements of Subsection C of this Section.
6 (3) Any person who meets all other certification requirements except
7 failure to successfully pass the original examination but who scored within ten
8 percent of the score required for passage.
9 (ii) Any C. In addition, any teacher who holds a valid out-of-state teaching
10 certificate and has at least three years of successful teaching experience in another
11 state as determined by the board shall not be required to take the examination or to
12 submit any examination scores from any examination previously taken in another
13 state as a prerequisite to the granting of certification in Louisiana. Upon application
14 and verification of successful teaching experience in another state by the board, the
15 teacher shall be granted a valid standard Louisiana professional level teaching
16 certificate provided the teacher meets all other requirements for background checks
17 and criminal history reviews as may be required by law and board policy.
18 (iii) D. The examination shall be administered to each student in a teacher
19 education program at a public college or university in Louisiana prior to graduation
20 and shall be administered to other applicants at any time such the examination is
21 offered. The board shall prescribe other qualifications and requirements and shall
22 consider other factors.
23 (iv)E. The state superintendent of education shall administer the
24 aforementioned policy of the board regarding examinations. In administering the
25 policy, the superintendent shall choose the appropriate testing instrument, shall
26 conduct all necessary research to validate the applicability of the instrument to
27 teacher education programs within the state of Louisiana, and shall conduct all
28 necessary research to determine the level at which the examination is satisfactorily
29 completed. During the conduct of the research and in the preparation of the testing
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1 instrument, the superintendent shall meet with and consider the suggestions of
2 individual classroom teachers, representatives of teacher organizations, deans of
3 education of the public colleges and universities of the state, and representatives of
4 each of the governing boards for higher education.
5 (v)F. Any applicant seeking certification may apply for and take any required
6 test or tests without limitation as to the frequency of applications or testing.
7 (vi)G. The state superintendent of education shall annually submit a report
8 to the House Committee on Education and the Senate Committee on Education state
9 board and publish the report on its website relative to the examination
10 administered pursuant to this Paragraph Section. Such The report shall include but
11 not be limited to the following: the number of persons to whom the examination was
12 administered, the educational background and teaching experience of such the
13 persons, the number of persons successfully completing the examination, the
14 effectiveness of the examination, and any suggestions for improving the
15 examination.
16 §7(6)(d)H. Any examination selected by the state superintendent of education
17 which would supercede the examination to be used pursuant to Subparagraph (b) of
18 this Paragraph this Section and any criteria established to determine the level at
19 which either the examination used or any examination selected to supercede it is
20 satisfactorily completed shall be approved by the State Board of Elementary and
21 Secondary Education.
22 §8.3. Provisional Teaching Permit
23 A. The State Board of Elementary and Secondary Education may issue
24 a provisional teaching permit to:
25 (1) Any person who has not passed the examinations required pursuant
26 to R.S. 17:8.2 and who satisfies one of the following:
27 §7(6)(c) Any person who holds (a) Holds at least a master's degree in the
28 subject area in which he the person is seeking employment,.
29 (b) Holds a bachelor's degree in the subject area in which the person is
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1 seeking employment, provided that the employment will be in a secondary
2 school.
3 (c) or any person who meets Meets all other certification requirements except
4 he failed the requirement to successfully pass the original examination but who
5 scored within ten percent of the score required for passage,.
6 (2) Any person who has graduated from an approved teacher education
7 program with less than a 2.50 average on a 4.00 scale, but who meets all other
8 certification requirements for a standard professional level teacher certificate.
9 B. Any person holding a provisional teaching permit may be employed as
10 a teacher for a period not to exceed five years in if both of the following manner are
11 satisfied:
12 (i) (1)The state superintendent of education, upon receipt of receives a signed
13 affidavit by the president and superintendent of the school board to which such the
14 person has applied for employment that there is no other applicant available for
15 employment for a specific teaching position who has met the requirements of this
16 Section a valid standard professional level teacher certificate and who stating
17 that the person has agreed to participate in a mentorship program offered by the
18 school board, may issue an emergency teaching permit to such person. Such permit
19 shall be in effect for not more than five years.
20 (2) Each academic year, the person receives a successful teaching
21 evaluation pursuant to R.S. 17:3902.
22 C. Each teacher Any person issued an emergency a provisional teaching
23 permit who has not completed an approved teacher education program shall be
24 required to complete a preservice training session offered by the school board prior
25 to the teacher's first day of teaching students.
26 (ii)D. At any time the a person who failed to pass the examination meets the
27 requirements of Subparagraph (A)(1)(c) of this Section successfully passes the
28 examination, he the person shall be certified and may be employed on a permanent
29 basis issued a standard professional level teacher certificate provided the person
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1 meets all other requirements for background checks and criminal history
2 reviews as required by law and board policy.
3 (iii)E. After five years of effective teaching evaluations pursuant to R.S.
4 17:3902 and upon a signed affidavit of a superintendent of a school system
5 recommending to employ the person for the following school year subject to the
6 receipt of a valid Louisiana teaching certificate, the person shall be granted a valid
7 standard professional level teaching teacher certificate by the state superintendent
8 of education, subject only to passing complying with all provisions of law or board
9 policy relative to background checks and criminal history review.
10 (iv)F. The period during which a teacher is working with an emergency a
11 provisional teaching permit granted under the provisions of this Paragraph Section
12 shall not count toward tenure.
13 §8.4. Certification of principals and superintendents
14 §7.1(B) A.(1) Any persons person applying for initial certification as a
15 principal or vice, assistant, or deputy principal, hereafter referred to in this Section
16 as a principal, in addition to any other requirements of the State Board of Elementary
17 and Secondary Education, shall have passed the administrative portion of the
18 educational leadership exam adopted by and at a level determined by the State Board
19 of Elementary and Secondary Education.
20 (2) Beginning August 15, 2003, and thereafter, any Any person applying for
21 initial certification as a principal or superintendent, in addition to any other
22 requirements of the State Board of Elementary and Secondary Education, shall have
23 satisfactorily passed the appropriate assessment instrument selected by the board at
24 a level determined by the board.
25 (3) Any principal who holds valid out-of-state certification as a principal, and
26 has at least four years of successful experience as a principal in another state as
27 determined by the board, and has completed one year of successful employment as
28 an assistant principal or a principal in a Louisiana public school system shall not be
29 required to take the examination administered in accordance with the provisions of
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1 this Subsection Section or to submit any examination scores from any examination
2 previously taken in another state as a prerequisite to the granting of certification in
3 Louisiana provided that all of the following conditions are met:
4 (a) The principal meets all other requirements for a Louisiana certificate as
5 may be required by law or board policy.
6 (b) The local superintendent or his designee of the public school system
7 employing the principal has recommended the principal for employment for the
8 following school year subject to the receipt of a valid Louisiana certificate as a
9 principal.
10 (c) The local superintendent or his designee has requested, on behalf of the
11 principal, that the principal be granted a valid Louisiana certificate as a principal the
12 principal meets all other requirements for a Louisiana certificate, including
13 background checks and criminal history reviews, as may be required by law
14 and board policy.
15 (4) A principal who holds valid out-of-state certification as a principal, and
16 who applies to the State Board of Elementary and Secondary Education for
17 certification as a principal, shall be granted a three-year five-year nonrenewable
18 provisional certificate to be used while such the principal completes the
19 requirements set forth in this Subsection Section.
20 B. The State Board of Elementary and Secondary Education may adopt
21 rules as are necessary for the orderly implementation of this Section and may
22 make further provisions with regard to qualifications and requirements not
23 inconsistent with this Section.
24 §8.5. Certification of foreign associate teachers
25 §7(6)(g) The board shall develop and implement policies relative to the
26 certification of foreign associate teachers that include but shall not be limited to the
27 following components:
28 (i)(1) The designation by the board of the appropriate foreign language
29 associate teaching certificate to be granted to teachers who meet the certification
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1 requirements of the Foreign Associate Teacher Program.
2 (ii)(2) Procedures for foreign language associate teaching certificate renewal
3 upon the teacher's completion of a required number of continuing learning units as
4 determined by the board.
5 (iii)(3) Testing requirements for teachers holding certain foreign language
6 associate teaching certificates who are pursuing a regular teaching certificate.
7 (iv)(4) The expansion of languages covered under the foreign language
8 associate teaching certificate that will allow for growth of the Foreign Associate
9 Teacher Program.
10 (v)(5) Support for the addition of a foreign language indicator to the list of
11 critical certification shortage areas in the revised Teacher Preparation Accountability
12 System to encourage universities to increase the number of foreign language teachers
13 who complete teacher preparation programs.
14 §8.6. Qualifications of school psychologists
15 §7.1(D)A. The State Board of Elementary and Secondary Education shall, by
16 regulation, prescribe the qualifications, provide for the certification, and provide for
17 the supervision of school psychologists in the employ of any public agency regulated
18 by the board, notwithstanding the provisions of R.S. 37:2363 or any other provisions
19 provision of law to the contrary. The certification requirements qualifications shall
20 not be less than those requirements established by the National Association of School
21 Psychology Psychologists. The board may deem a psychologist who meets the
22 qualifications as certified. Nothing herein in this Section shall be construed as
23 permitting a person certified qualified under the provisions of this Subsection to
24 offer to render, or to render his services as a psychologist in any setting other than
25 his the institutional employment unless he the person has been licensed under the
26 provisions of R.S. 37:2356 or licensed as a medical psychologist under the
27 provisions of R.S. 37:1360.51 et seq.
28 §7.1(E)B. Notwithstanding any provision of law to the contrary, any person
29 certified as a Level A school psychologist prior to September 1, 1986, shall be
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1 allowed to continue in the employment in which he was engaged and which was not
2 specifically prohibited at the time of receiving such the certificate and may use the
3 title "certified school psychologist" in the context of that employment.
4 C. The State Board of Elementary and Secondary Education may adopt
5 any rules necessary for the orderly implementation of this Section and may
6 make further provisions with regard to qualifications and requirements not
7 inconsistent with this Section.
8 §8.7. Prohibition against granting an educator credential or teaching
9 authorization to certain persons; appeals
10 A. The State Board of Elementary and Secondary Education shall not
11 grant an educator credential, a teaching authorization, a certification of any
12 type, or an appeal to a person who has been convicted of or pled nolo
13 contendere to any crime listed in R.S. 15:587.1(C).
14 §7(6)(h)B. The board may, after a successful appeal pursuant to R.S.
15 17:8.8, issue a teaching certificate an educator credential or other teaching
16 authorization to a person who has been convicted of or has pled nolo contendere to
17 an a felony offense listed, except an offense listed in R.S. 15:587.1(C), who has
18 been found to have submitted fraudulent documentation to the board or the state
19 Department of Education as part of an application for a teaching certificate or other
20 teaching authorization, or who has been found to have facilitated cheating on any
21 state assessment as determined by the board if all of the following conditions apply:
22 (i)(1) Five years have passed from the date of entry of the person's final
23 conviction, the date of entry of his a plea of nolo contendere, or the date of receipt
24 of notification from the board of its determination that he the person submitted
25 fraudulent documentation or facilitated cheating on a state assessment.
26 (ii)(2) The board has received a request from the person for a formal appeal
27 and has conducted a review of the person's background and the person has provided
28 letters of recommendation to the board, all in accordance with board policies.
29 (iii) The offense is provided for in R.S. 40:966(A), 967(A), 968(A), 969(A),
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1 or 970(A). The board shall not grant a person who has been convicted of or has pled
2 nolo contendere to any other offense listed in R.S. 15:587.1(C) a teaching certificate,
3 a teaching authorization, or an appeal.
4 §7(6)(i)C. Not later than December thirty-first of each year, the board shall
5 submit a written report to the Senate Committee on Education and the House
6 Committee on Education post on its website a report detailing the number of
7 appeals filed with the board for the calendar year, the offense upon which the appeal
8 is based, the disposition of each appeal, and the number of teacher certifications or
9 other authorization to teach issued as the result of all successful appeals. The
10 information in the report shall be reported in aggregate and by individual school and
11 school system.
12 §8.8. Certification appeals; appeals council; membership; duties; reporting
13 §7(6)(f)(i) A. The board State Board of Elementary and Secondary
14 Education shall establish an appeals process which provides for the circumstances
15 under which an applicant who has been denied certification may appeal such the
16 denial to the Teacher Certification Appeals Council, referred to in this Subparagraph
17 Section as the "council".
18 (ii)B. The council shall consist of nine members recommended by the state
19 superintendent of education and approved by the board as follows:
20 (aa)(1) Three council members shall be college of education faculty
21 members, each of whom shall represent a postsecondary education institution
22 participating in both traditional and alternative certification programs. The Louisiana
23 Association of Colleges for Teacher Education, the Louisiana Association of
24 Independent Colleges and Universities, and the Louisiana Association of Teacher
25 Educators shall each submit a list of three nominees. The superintendent shall
26 recommend one college of education faculty member from each such list.
27 (bb)(2) Three council members shall be classroom teachers. The Associated
28 Professional Educators of Louisiana, the Louisiana Association of Educators, and the
29 Louisiana Federation of Teachers shall each submit a list of three nominees. The
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1 superintendent shall recommend one classroom teacher from each such list.
2 (cc)(3) Three council members shall be certified school or system
3 administrators. The Louisiana Association of School Executives, the Louisiana State
4 Association of School Personnel Administrators, and the Louisiana Association of
5 School Superintendents shall each submit a list of three nominees. The
6 superintendent shall recommend one administrator from each such list.
7 (iii)C. Council members shall serve four-year terms. after initial terms as
8 provided in this Item. As determined by lot at the first meeting of the council, initial
9 terms shall be as follows:
10 (aa) One college of education faculty member, one classroom teacher, and
11 one certified school or system administrator shall serve an initial term of two years.
12 (bb) One college of education faculty member, one classroom teacher, and
13 one certified school or system administrator shall serve an initial term of three years.
14 (cc) One college of education faculty member, one classroom teacher, and
15 one certified school or system administrator shall serve an initial term of four years.
16 (iv)D. A majority of council members, not including vacancies, shall
17 constitute a quorum. All actions of the council shall be approved by the affirmative
18 vote of a majority of the members present and voting.
19 (v)E. The council shall evaluate the appeals of persons seeking Louisiana
20 certification, including a review of the documents and transcripts of appellants, and
21 shall submit a written report of its findings to the board. A decision of the council
22 shall be a final decision.
23 (vi)F. The council shall not consider appeals of persons who are nondegreed,
24 lack any examination scores required by the board for initial certification or
25 administrative certification, or lack fifty percent or more of required course work.
26 The council shall not consider requests to waive state or federal statutes pertaining
27 to teacher certification.
28 (vii)G. The board shall establish by rules and regulations, in accordance with
29 the Administrative Procedure Act, all guidelines and procedures for carrying out the
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1 provisions of this Subparagraph Section.
2 §8.9. Criminal history reviews for certification, teaching permits, or teacher
3 authorizations; state repository
4 §15(C)A.(1) Any applicant for an initial educator credential or teaching
5 authorization issued by the State Board of Elementary and Secondary Education or
6 through the state Department of Education shall undergo a criminal history record
7 check as provided in this Subsection Section.
8 (2) The State Board of Elementary and Secondary Education by rule adopted
9 in accordance with the Administrative Procedure Act shall establish requirements
10 and procedures consistent with the provisions of R.S. 15:587.1 under which the state
11 Department of Education shall, for any applicant for or recipient of an educator
12 credential or teaching authorization issued in accordance with state law or board
13 policy, do the following:
14 (a) Request information from the Louisiana Bureau of Criminal Identification
15 and Information, referred to in this Subsection Section as the "state bureau", and the
16 Federal Bureau of Investigation, referred to in this Subsection Section as the "federal
17 bureau", concerning whether the person has been arrested for, convicted of, or pled
18 nolo contendere to any criminal offense.
19 (b) Require and provide the procedure for the submission of a person's
20 fingerprints to the state bureau, and from the state bureau to the federal bureau, in a
21 form acceptable to the state bureau.
22 (3) The State Board of Elementary and Secondary Education by rule adopted
23 in accordance with the Administrative Procedure Act shall establish requirements
24 and procedures consistent with the provisions of R.S. 15:587.1 under which the
25 board may, for any applicant for or recipient of an educator credential or teaching
26 authorization issued in accordance with state law or board policy, do the following:
27 (a) Request information from the state bureau and the federal bureau
28 concerning whether the person has been arrested for, convicted of, or pled nolo
29 contendere to any criminal offense.
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1 (b) Require and provide the procedure for the submission of a person's
2 fingerprints to the state bureau, and from the state bureau to the federal bureau, in a
3 form acceptable to the state bureau.
4 (4) The state Department of Education may charge a criminal history record
5 check processing fee not to exceed twenty-five dollars, which may be increased by
6 up to five percent annually; may collect the processing fees charged by the state
7 bureau for a state criminal history record check and the federal bureau for a federal
8 criminal history record check; and may collect the fees charged by sheriffs and third-
9 party vendors for fingerprinting. The department shall timely submit the appropriate
10 fees to the appropriate entities.
11 (5) Except as provided in R.S. 17:7(6)(h), neither Neither the board nor the
12 department shall issue an educator credential or teaching authorization to a person
13 who has been convicted of or has pled nolo contendere to a crime listed in R.S.
14 15:587.1(C).
15 (6)B.(1) Any person with an educator credential or teaching authorization
16 issued prior to June 1, 2023, who has not previously obtained a state and federal
17 criminal history check by the department, shall obtain a state and federal criminal
18 history check, through the procedures provided for in this Subsection Section for
19 new applicants, when seeking to have such an educator credential or teaching
20 authorization renewed, advanced, or otherwise modified or by June 1, 2028,
21 whichever occurs sooner.
22 (2) For any educator with a lifetime credential issued prior to June 1,
23 2023, the board shall develop a timeline to require each educator to obtain a
24 state and federal criminal history check through the procedures provided for
25 in this Section for new applicants.
26 C. Except as provided in R.S. 17:7(6)(h) R.S. 17:8.7(B), neither the board
27 nor the department shall issue, renew, advance, or otherwise modify an educator
28 credential or teaching authorization for a person who has been convicted of or has
29 pled nolo contendere to a crime listed in R.S. 15:587.1(C).
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1 D.(1) Upon final conviction or plea of guilty or nolo contendere to any
2 felony offense, an administrator, teacher, or other school employee who has an
3 educator credential or teaching authorization issued by the board or the
4 department shall report the fact of the conviction or plea to the department
5 within forty-eight hours of the conviction or plea.
6 (2) An administrator, teacher, or school employee who fails to report to
7 the department the conviction or plea shall be fined not more than one thousand
8 dollars or imprisoned for not more than one year, with or without hard labor,
9 or both.
10 (3) The department shall require a new state and federal criminal history
11 check for each person who submitted a report pursuant to Paragraph (1) of this
12 Subsection.
13 (4) The board shall revoke the educator credential or teaching
14 authorization of any person whose criminal history check reveals a conviction
15 or plea of guilty or nolo contendere of any offense listed in R.S. 15:587.1(C).
16 (5) The department shall notify the last known school that employed the
17 person of the revocation of the educator credential or teaching authorization.
18 E.(1) The department shall serve as the central repository of fingerprint
19 data for an administrator, teacher, or other school employee who has an
20 educator credential or teaching authorization issued by the board or the
21 department and shall share the data with a city, parish, or other local public
22 school board.
23 (2) Upon request of a city, parish, or other local public school board, the
24 department shall check the records to determine when the employee last had a
25 criminal history check. If it is determined the criminal history check was
26 conducted within the last twelve months, the department shall share the
27 information with the local school board. If the criminal history check was
28 conducted more than twelve months ago, the department shall notify the local
29 school board that a new check is necessary and that the local board shall be
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1 charged for a new criminal history check. The department may also charge the
2 local school board the processing fee pursuant to Paragraph (A)(4) of this
3 Section. The local school board may pass the cost of the new criminal check and
4 the related processing fee on to the applicant.
5 (3) If at any time the department receives feedback from the state bureau
6 or the federal bureau on a felony conviction for any administrator, teacher, or
7 other school employee who has an educator credential or teaching authorization
8 issued by the board or the department, the department shall forward the
9 information to the last known school employing the person.
10 F. For the purposes of this Section, "city, parish, or other local public
11 school board" shall mean the governing authority of any public elementary or
12 secondary school.
13 * * *
14 §15. Criminal history review
15 * * *
16 B.(1) Each city, parish, and other local public school board shall submit a
17 request to the state Department of Education for a criminal history record
18 check.
19 (2) Each city, parish, and other local public school board shall establish,
20 by regulation, requirements, and procedures consistent with the provisions of R.S.
21 15:587.1 under which the school systems shall determine whether an applicant other
22 than an applicant with a teaching credential or authorization issued by the state
23 board or the state department, or employee, including any person employed as
24 provided in Subparagraph (A)(1)(c) of this Section, has been arrested for or
25 convicted of or has pled nolo contendere to any criminal offense. Included in this
26 regulation shall be the requirement and the procedure for the submission of a
27 person's fingerprints in a form acceptable to the Louisiana Bureau of Criminal
28 Identification and Information prior to employment of such person.
29 * * *
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1 C. [Redesignated as R.S 17:8.9]
2 * * *
3 Section 2. R.S. 17:7(6)(e) and (10) are hereby repealed.
4 Section 3. The Louisiana State Law Institute is hereby directed to redesignate the
5 current provisions of Title 17 as provided in Section 1 of this Act.
6 Section 4. The Louisiana State Law Institute is hereby authorized to update any
7 citation references in Louisiana Law to conform with the changes made by this Act.
8 Section 5. This Act shall become effective upon signature by the governor or, if not
9 signed by the governor, upon expiration of the time for bills to become law without signature
10 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11 vetoed by the governor and subsequently approved by the legislature, this Act shall become
12 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Serrett.
DIGEST
SB 197 Original 2023 Regular Session Peacock
Present law requires the Board of Elementary and Secondary Education (BESE) to provide
for the certification of teachers, which includes qualifications and requirements to indicate
proficiency of the teacher to educate at the grade level and in the assigned subjects.
Proposed law redesignates various provisions of present law relative to teacher and educator
certification and makes technical changes.
Present law requires certified teachers to have completed an approved teacher education
program and prescribes the minimum requirements for students entering an approved teacher
education program.
Proposed law provides for conditional acceptance of students into approved teacher
education programs.
Present law requires an applicant in an undergraduate teacher education program to take
coursework in the teaching of reading. Prohibits any secondary teacher from using more than
three semester hours of teaching of reading for certification purposes.
Proposed law provides appropriate teaching of reading courses and removes the maximum
hours allowed to be used for certification purposes.
Proposed law changes the recipient of required reports in present law from the legislature
to BESE and requires the posting of the reports on the BESE and state Department of
Education (LDOE) website.
Present law allows certain persons who have not completed an approved teacher education
program to teach on a provisional certificate in an area with a shortage of certified teachers.
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Proposed law provides that a person with a bachelor's degree may teach on a provisional
certificate in a shortage area in a secondary school.
Present law provides for the certification of principals and superintendents. Requires that a
principal who is certified from another state and who has four years of successful experience
in that state may be certified in Louisiana after one year of successful employment in
Louisiana as a principal. Further provides that an out-of-state principal who has not passed
the required assessment may be granted a three-year nonrenewable provisional certificate
in order to take the exam.
Proposed law removes the requirement that a successful out-of-state principal have one year
of successful employment prior to certification in Louisiana. Changes the length of the
provisional certificate to five years to match the provisions of teachers.
Present law requires BESE to prescribe the qualification standards for school psychologists,
which shall at a minimum be equal to the requirements set by the National Association of
School Psychologists. Further provides for the certification of persons who meet those
qualifications.
Proposed law allows BESE to deem certified a person who meets the qualifications.
Present law allows for certain individuals to appeal a denial of a certification. Further
prohibits appeals from persons who have been convicted of or plead nolo contendere to
certain crimes listed in R.S. 15:587.1(C). However, present law provides exceptions and
allows appeals from individuals convicted of or who have pled guilty to certain crimes
relative to the manufacture and distribution of drugs.
Proposed law removes the ability for persons who have been convicted of or plead nolo
contendere to the manufacture and distribution of drugs to appeal the denial of their teaching
certification.
Present law requires that persons who have been convicted of or plead nolo contendere to
a felony offense to report the conviction or plea to their employing school district.
Proposed law requires the person to also report the conviction or plea to the LDOE. Further
requires the LDOE upon receiving the notification to request a new criminal background
check and revoke the certification of any person who has been convicted of or who has
entered a plea for a crime listed in R.S. 15:587.1(C).
Present law provides for criminal history checks and requires the checks to be done for
employment and certification purposes; however requires the employer to run a check for
employment purposes and the department to run a check for credentialing purposes.
Proposed law provides that the department shall be the central fingerprint repository for
administrators, teachers, and other employees who have educator credentials or teaching
authorizations. Provides for the process for the LDOE to share information on the person
with the local school board employing the person or where the person is seeking
employment.
Proposed law repeals present law provisions that prohibit BESE from limiting the number
of times a temporary teaching permit may be issued.
Proposed law repeals present law requiring BESE to issue teacher authorizations for persons
not required to be certified.
Present law was limited to only ascertaining whether the person had submitted fraudulent
documents or if proper background checks had been done by the employing school.
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Present law continues to require all schools to perform background checks on applicants and
prohibits anyone from being employed in a school who has been convicted of or plead nolo
contendere to any crime listed in R.S. 15:587.1(C).
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:7(6), 7.1, and 15(B) and (C); adds R.S. 17:8.1-8.9; repeals R.S. 17:7(6)(e)
and (10))
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