§54. Officers of boards; election; superintendents; qualifications; appointment and removal
A. A city or parish school board shall elect from among its members a president and
a vice president and fix the terms of office not to exceed four years.
B.
(1)(a) Notwithstanding the provisions of R.S. 42:3, each city, parish, and other
local public school board shall elect a superintendent of schools, having such qualifications
as may be fixed by the State Board of Elementary and Secondary Education, for a period not
to exceed four years, which period, however, may extend no longer than two years after the
expiration of the term of office of the membership of the board electing the superintendent.
The election of a superintendent of schools by a city, parish, or other local public school
board sh
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§54. Officers of boards; election; superintendents; qualifications; appointment and removal
A. A city or parish school board shall elect from among its members a president and
a vice president and fix the terms of office not to exceed four years.
B.(1)(a) Notwithstanding the provisions of R.S. 42:3, each city, parish, and other
local public school board shall elect a superintendent of schools, having such qualifications
as may be fixed by the State Board of Elementary and Secondary Education, for a period not
to exceed four years, which period, however, may extend no longer than two years after the
expiration of the term of office of the membership of the board electing the superintendent.
The election of a superintendent of schools by a city, parish, or other local public school
board shall require the favorable vote of a majority of the entire membership of the school
board. A superintendent of schools shall not be required to be a qualified elector or a
resident of the political subdivision comprising the school system in which he is to serve as
superintendent. He shall be required to devote his entire time to the office of superintendent
of schools.
(b)(i)(aa) The superintendent of schools shall be employed by a city, parish, or other
local public school board pursuant to a written contract. Such a contract shall provide that
the superintendent is subject to a performance evaluation by the local school board. At least
fifteen percent of the evaluation shall be based on evidence of growth in student achievement
by the end of the third grade in literacy, and at least fifteen percent of the evaluation shall be
based on evidence of growth in student achievement by the end of the third grade in
mathematics, all as determined by the state board. Such contract shall also provide for
specific performance objectives. However, for the board of a local public school system that
received any variation of a school performance letter grade of "C", "D", or "F", such contract
shall establish performance targets at the school and district level as follows: student
achievement; student achievement for schools that have received any variation of a school
performance letter grade designation of "C", "D", or "F"; graduation rates; graduation rates
for schools that have received any variation of a school performance letter grade designation
of "C", "D", or "F"; and the percentage of teachers with an "effective" or "highly effective"
performance rating. Not less than thirty days prior to the termination of such a contract, the
school board shall notify the superintendent of termination of employment under such
contract, or in lieu thereof, the board and the superintendent may negotiate and enter into a
contract for subsequent employment.
(bb) Each local public school board shall submit a copy of its current employment
contract with the superintendent of schools to the state superintendent of education.
(cc) A local public school board shall notify the state superintendent of education any
time it terminates or fails to renew its employment contract with the local school
superintendent, along with the reasons therefor.
(dd) Any employment contract executed, negotiated, or renegotiated after July 1,
2012, between a local school board and a superintendent that does not meet the requirements
established in this Subsection shall be null and void.
(ii)(aa) The superintendent may choose not to enter into a subsequent contract and
may either terminate his employment or, if he has acquired permanent status as a teacher,
resume employment as a teacher.
(bb) The school board, in accordance with the provisions of this Subparagraph, may
choose not to offer a subsequent contract to the superintendent.
(iii) The superintendent shall be retained during the term of a contract; however, if
the superintendent is found incompetent, unworthy, or inefficient or is found to have failed
to fulfill the terms and performance objectives of his contract or to comply with school board
policy, then the superintendent shall be removed from office as provided by Subsection C
of this Section. Before the superintendent can be removed during the contract period, he
shall have the right to written charges and a fair hearing before the board after reasonable
written notice.
(iv) Subject to the approval of a majority of its entire membership, the board shall
negotiate and offer the superintendent a new contract at the expiration of each existing
contract unless a majority of the membership of the board votes at least ninety days prior to
the termination of the existing contract against offering a new contract.
(v) Repealed by Acts 2010, No. 720, §2, eff. Jan. 1, 2011.
(2) Prior to filling a vacancy in the position of permanent superintendent of schools,
each city and parish school board shall advertise the vacancy and solicit applications for the
position. At a minimum, the school board shall publish a notice of the vacancy together with
a request for the submission of applications to fill the position in accordance with all of the
following:
(a) On two separate days at least one week apart in the official journal of the school
board.
(b) Once in a daily newspaper published in the metropolitan area in the state having
a population in excess of one hundred thousand persons that is nearest to the school board
offices, if such newspaper is not the official journal of the school board.
(3) All publication requirements provided in this Subsection shall be completed at
least thirty days prior to action by the school board to fill the position.
(4)(a) The board may, by a majority vote of its membership, select a person to serve
as interim superintendent in the event of the death, resignation, or termination of the
superintendent or his being placed on paid administrative leave in accordance with
Subsection D of this Section.
(b) An interim superintendent shall have the same authority as a superintendent.
(c) The election of an interim superintendent is not subject to the provisions
applicable to the process of selection or employment of a superintendent or to the
requirement or content of a contract.
(d) A school board shall not employ an interim superintendent for longer than six
months in any given twelve month period unless the appointment is made during the final
year of the term of the majority of members.
C. A city, parish, or other local public school system superintendent may be removed
from office for cause prior to the expiration of his contract by the concurring vote of at least
two-thirds of the membership of the entire school board at any regular meeting or at any
special meeting after due notice.
D.(1) A school board may place a superintendent on paid administrative leave prior
to the expiration of his contract:
(a) For the purpose of investigating cause for termination.
(b) Without cause during the final three months of the term of his contract when the
school board has voted not to extend a new contract offer.
(c) At a time as agreed by the superintendent.
(d) At a time as provided for in his contract.
(2) Paid administrative leave is subject to the following:
(a) Approval of a majority of the membership of the school board.
(b) A three-month time limit within a six-month period.
(c) All compensation afforded under the terms of the existing contract.