RS 17:3883 State board of elementary and secondary education; powers and duties - Louisiana Statutes

§3883.  State Board of Elementary and Secondary Education; powers and duties

A.  The board shall:

(1)  Establish the components of effective teaching.  These components shall be periodically reviewed and revised as becomes appropriate with increased experience and knowledge.

(2)  Develop, adopt, and promulgate all rules necessary for the implementation of this Part.

(3)  Set standards for the assessment teams in the assistance and assessment program to use in determining whether the teacher has successfully completed the assistance and assessment program and met the assessment qualifications for retaining or acquiring regular teacher certification.

(4)  Provide for the training of all mentor teachers and assessors for the teacher assistance and assessment program as well as provide for the basis for necessary training for those doing evaluations pursuant to the school personnel evaluation.

(5)  Conduct training and regular staff development in evaluation skills as needed.

(6)  Require the department to monitor the assistance and assessment program established pursuant to the provisions of this Part.  The method to be used in monitoring the program shall be established by the department with the approval of the board and shall be sufficient to determine whether a program has been implemented, to what extent it has been implemented, and whether such program complies with the provisions of this Part.

(7)(a)  Create, by rule, a system to provide a grievance procedure for any teacher or administrator aggrieved by any result or action which results from the implementation of this Part.

(b)  Such a system shall contain, at a minimum, provisions for the following:

(i)  That the teacher or administrator be provided a copy of the assessment or evaluation and the assessors' or evaluators' data recording forms and any documentation related thereto and be entitled to respond as provided in R.S. 17:3884.

(ii)  That the teacher or administrator be assured of due process, including representation, in all aspects of the assessment and evaluation grievance procedures, including that any hearing officer required to conduct a hearing on a grievance shall be an employee of or contracted by the office of the attorney general.

(iii)  That the agencies and their employees, whether state or local, shall administer the program in a fair, objective, and consistent manner, and shall comply with all rules and regulations adopted by the board and that the failure to do so shall be a grievable matter.

(8)  Repealed by Acts 2000, 1st Ex. Sess., No. 38, §2, eff. April 14, 2000.

B.  The board may:

(1)  Make recommendations to the legislature regarding changes needed to this Part.

(2)  Establish state review teams, as needed, to review the school personnel evaluation plans for compliance with law and regulation, for the implementation of such evaluation plans and to provide for the exchange of information regarding them.

(3)  Continue to develop, test, and improve the process and content of professional assessment and evaluation with input from appropriate educator groups and panels.

(4)  Continue to expand the opportunity for the growth and development of professional employees.

(5)(a)  Request the department when deemed necessary to monitor an evaluation program established pursuant to the provisions of this Part.  The method to be used in monitoring such programs shall be established by the department with the approval of the board and shall be sufficient to determine whether such programs have been implemented, to what extent they have been implemented, and whether such programs comply with the provisions of this Part.

(b)  If, in conducting such monitoring, the department determines that a school system has failed to implement its program of personnel evaluation or that a school system has otherwise failed to comply with the provisions of this Part, the department shall notify the local board of such failure and the school system shall correct such failure within sixty calendar days after receiving such notification.  The department shall also notify the board of such failure by the school system.

(c)  If the failures are not corrected within the prescribed sixty calendar days, the department shall notify the board of such continued failure and shall recommend to the board whatever sanctions against such school system the department deems appropriate which may include withholding funds distributed pursuant to the minimum foundation program formula until the corrections are made.  The board shall act upon such recommendation within sixty calendar days after its receipt.

Acts 1994, 3rd Ex. Sess., No. 1, §2, eff. June 22, 1994; Acts 1997, No. 838, §1, eff. Aug. 1, 1998; Acts 2000, 1st Ex. Sess., No. 38, §§1, 2, eff. April 14, 2000.