Dismissal: Louisiana
Retaining Effective Teachers Policy
Analysis of Louisiana's policies
Link to Ineffectiveness: Louisiana does not explicitly make teacher ineffectiveness grounds for dismissal. The state allows for disciplinary action for "poor performance," but there is no definitive link between poor performance and a teacher's evaluation score.
Due Process Distinction: Louisiana does not distinguish between the due process rights of teachers dismissed for ineffective performance and those facing other charges commonly associated with license revocation, such as a felony and/or morality violations. The process is the same regardless of the grounds for dismissal, which include "poor performance, willful neglect of duty, incompetency, dishonesty, immorality, or of being a member of or contributing to any group, organization, movement, or corporation that is by law or injunction prohibited from operating in the state of Louisiana."
Appeals Process: Louisiana tenured teachers who are terminated have one opportunity to appeal. Within 10 days of notice of disciplinary action, a teacher may request a hearing before a disciplinary hearing officer, and a hearing must commence within 10 to 30 days. After the officer renders a decision, the
teacher has up to 60 days to file an appeal with a court of competent
jurisdiction.
Recommendations for Louisiana
Specify that classroom ineffectiveness is grounds for dismissal.
Louisiana should explicitly make teacher ineffectiveness grounds for dismissal. Doing so will help ensure that districts do not feel they lack the legal basis for terminating consistently poor performers.
Ensure that teachers terminated for poor performance have the opportunity to appeal within a reasonable time frame. Nonprobationary teachers who are dismissed for any grounds, including ineffectiveness, are entitled to due process. However, cases that remain open over multiple years drain resources from school districts and disincentivize districts from terminating poor performers. Although Louisiana only allows one appeal and limits the amount of time for filing to 60 days, the fact that appeals are to a court makes the likelihood of disposition within a reasonable time frame questionable at best. The state should ensure that the opportunity to appeal occurs at the district level, and that appeals related to classroom effectiveness are decided only by those with educational expertise.
Distinguish between the process and accompanying due process rights for dismissal for classroom ineffectiveness and dismissal for morality violations, felonies or dereliction of duty.
Although nonprobationary teachers should have due process for any termination, it is important to differentiate between loss of employment and issues with far-reaching consequences that could permanently affect a teacher's right to practice. Louisiana should ensure that appeals related to classroom effectiveness are decided only by those with educational expertise.
State response to our analysis
Louisiana asserted that there is a clear distinction between employment rights at a local level and revocation of certifications at the state level. Hiring and firing decisions fall squarely in the hands of each school system. BESE's authority is limited to granting and revoking certification revocation based upon effectiveness. According to Bulletin 746.905.B.3, a Louisiana teaching certificate or an application for renewal of an expired teaching certificate will be denied if the individual applying for the certificate has failed to meet the standards for effectiveness in accordance with LAC 28:CXLVII, Bulletin 130. Bulletin 130.309.A includes information about the performance effectiveness ratings.
Louisiana also asserted that it does distinguish between the due process rights of teachers dismissed for ineffective performance and those facing other charges commonly associated with license revocation. Bulletin 130.317.A and B establish grievance procedures and due process procedures for teachers that receive an unfavorable performance evaluation.
Updated: March 2021
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Louisiana
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How we graded
9D: Dismissal
- Evidence of Effectiveness: The state should articulate that teachers may be dismissed for ineffective classroom performance. Any teacher who receives two consecutive, summative ratings of ineffective, or two such ratings within five years, should be formally eligible for dismissal, regardless of tenure status.
- Appeals Process: A teacher who is terminated for poor performance should have the opportunity to appeal only once. The state should require that the appeals process occurs within a reasonable time frame.
- Due Process: The state should ensure that there is a clear distinction between the appeals process and accompanying due process rights for teachers dismissed for ineffective classroom performance and those dismissed, or are facing license revocation, for felony, morality violations, or dereliction of duties.
One-half of the total goal score is earned based on the following:
- One-half credit: The state will earn one-half of a point if it articulates that teachers may be dismissed for ineffective classroom performance regardless of tenure status.
- One-quarter credit: The state may earn one-quarter of a point if it makes performance grounds for dismissal but does not explicitly link it to teacher effectiveness.
One-quarter of the total goal score is earned based on the following:
- One-quarter credit: The state will earn one-quarter of a point if it requires the appeals process for teachers facing dismissal for ineffective classroom performance to occur within a reasonable time frame.
One-quarter of the total goal score is earned based on the following:
- One-quarter credit: The state will earn one-quarter of a point if there is a clear distinction between the appeals process and accompanying due process rights for teachers dismissed for ineffective classroom performance and those dismissed for felony, morality violations, or dereliction of duties.
Research rationale
States need to be explicit that teacher ineffectiveness is grounds for dismissal.
Most states have laws on their books that address teacher dismissal; however, until recently these laws were much more likely to consider criminal and moral violations than performance. While many states have amended their dismissal policy to be more explicit about classroom ineffectiveness, some still retain euphemistic terms such as "incompetency," "inefficiency," or "incapacity." These terms are ambiguous at best and may be interpreted as concerning dereliction of duty rather than ineffectiveness. Without laws that clearly state that teacher ineffectiveness is grounds for dismissal, districts may feel they lack the legal basis for terminating consistently poor performers.[1]
Due process must be efficient and expedited. Non-probationary teachers who are dismissed for any grounds, including ineffectiveness, are entitled to due process. However, due process rights that allow for multiple levels of appeal are not fair to teachers, districts and especially students. All parties have a right to have disputes settled quickly. Cases that drag on for years drain resources from school districts and create a disincentive for districts to attempt to terminate teachers for poor performance.[2] Teachers are not well served by such processes either, as they are entitled to final resolution quickly.[3]
Decisions about teachers should be made by those with educational expertise.
Multiple levels of appeal almost invariably involve courts or arbitrators who lack educational expertise. It is not in students' best interest to have the evidence of teachers' effectiveness evaluated by those who are not educators. A teacher's opportunity to appeal should occur at the district level and involve only those with educational expertise. This can be done in a manner that is fair to all parties by including retired teachers or other knowledgeable individuals who are not current district employees.
[1] One of the greatest shortcomings of teacher performance appraisals has been school systems' unwillingness and inability to differentiate instructional competency. See: Weisberg, D., Sexton, S., Mulhern, J., & Keeling, D. (2009). The widget effect: Our national failure to acknowledge and act on differences in teacher effectiveness. The New Teacher Project. Retrieved from http://files.eric.ed.gov/fulltext/ED515656.pdf&sa=D&ust=1508185360843000&usg=AFQjCNG_FOzv9usICvWem-xNf0Ny71KcMg
[2] For information on the high cost of teacher dismissals, see: Brill, S. (2009). The rubber room: The battle over New York City's worst teachers. The New Yorker, 85(26), 31. Retrieved from http://www.newyorker.com/reporting/2009/08/31/090831fa_fact_brill; Also, see: Small Newspaper Group. (2005). The hidden costs of tenure: Why are failing teachers getting a passing grade? Retrieved from http://thehiddencostsoftenure.com
[3] National Council on Teacher Quality. (2011). State of the states: Trends and early lessons on teacher evaluation and effectiveness policies. Retrieved from http://www.nctq.org/dmsView/State_of_the_States_Teacher_Evaluation_and_Effectiveness_Policies_NCTQ_Report; Refer also to studies by The New Teacher Project of human resource and dismissal policies in various districts at: https://tntp.org/publications/scroll/school-staffing-employment-policy