La. Admin. Code tit. 28 § CXLVII-321

Current through Register Vol. 50, No. 11, November 20, 2024

Section CXLVII-321 - Evaluation Records Guidelines

A. Copies of evaluation results and any related documentation shall be retained by the LEA.

B. All such files shall be confidential and shall not constitute a public record.

C. Such files shall not be released or shown to any person except:

1. the evaluated employee or his/her designee;

2. authorized school system officers and employees for all personnel matters, including employment application, and for any hearing, which relates to personnel matters, which includes the authorized representative of any school or school system, public or private, to which the employee has made application for employment; and

3. for introduction in evidence or discovery in any court action between the local board and a teacher when:

a. the performance of the teacher is at issue; or

b. the evaluation was an exhibit at a hearing, the result of which is being challenged.

D. Any local board considering an employment application for a person evaluated pursuant to this bulletin shall request such person's evaluation results as part of the application process, regardless of whether that person is already employed by that school system or not, and shall notify the applicant that evaluation results shall be requested as part of this mandated process. The applicant shall be given the opportunity to apply, review the information received, and provide any response or information the applicant deems applicable.

E. The state superintendent of education shall make available to the public the data specified in R.S. 17:3902(B)(5) as may be useful for conducting statistical analyses and evaluations of educational personnel. However, the superintendent shall not reveal information pertaining to the evaluation report of a particular employee.

F. Public information may include school-level student growth data, as specified in R.S. 17:3902(B)(5).

G. Nothing in this Section shall be interpreted to prevent de-identified student growth data from public view.

La. Admin. Code tit. 28, § CXLVII-321

Promulgated by the Board of Elementary and Secondary Education, LR 38:1219 (May 2012), amended LR 38:2361 (September 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10), R.S. 17:391.10, R.S. 17:3881-3886, and R.S. 17:3901-3904, R.S. 17:3997, and R.S. 17:10.1.