La. Admin. Code tit. 28 § CXV-303

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

Section CXV-303 - General Powers of Local Educational Governing Authorities

A. Each local school board shall determine the number and location of schools to be opened, and the number of teachers and other school personnel to be employed from recommendations made by the local superintendent.

B. Each local school board is authorized to adopt rules and regulations for its own governance that are consistent with law and with the regulations of BESE.

1. Each member of a city and parish school board shall receive a minimum of six hours of training and instruction annually in the school laws of this state, in the laws governing the school boards, and in educational trends, research, and policy. Such training shall also include education policy issues, including but not limited to the Minimum Foundation Program (MFP) and formula, literacy and numeracy, leadership development, dropout prevention, career and technical education, redesigning high schools, early childhood education, school discipline, and harassment, intimidation, and bullying. Training shall also include instruction in Louisiana Open Meeting Law and the Louisiana Public Bid Law. In an LEA that has one or more schools identified as an academically unacceptable school or a school in need of academic assistance as defined by BESE, at least two of the required hours shall focus on the improvement of schools identified as failing schools as defined by BESE.

2. The training may be received from a postsecondary education institution, the LDE, the local school board central office staff, or the Louisiana School Board Association (LSBA) provided that the instruction and the method for demonstrating attendance are pre-approved by the LSBA or at any conference presented by the National School Boards Association or by the Council of the Great City Schools, provided that verification of attendance by the school board member at the training is obtained.

3. Each school board member's attendance shall be reported by the instructor to the LSBA. Each school board member who completes required instruction shall receive a certificate of completion and a copy of such certificate shall be entered into the minutes of the school board on which the member serves.

4. The superintendent of the school system on which the school board member serves shall be responsible for verifying that any training or instruction received by the school board member as set forth in this Section meets the necessary requirements.

5. Distinguished School Board Member

a. A school board member who has received a certificate of completion for the initial 16 hours of training and instruction and has also received an annual certificate of completion of the required training for three subsequent consecutive years shall receive the designation of "distinguished school board member."

b. LDE shall issue each such member an appropriate certificate attesting to such designation.

c. A member in office on January 1, 2011, who has prior service on the board may receive the designation if he completes 16 hours of training during 2011 and completes the required training for the subsequent three consecutive years.

d. At least annually, the school system superintendent shall transmit to the newspaper which is the official journal of the school board a press release detailing the information for his school board that is posted on the LSBA website relative to training hours and subject matter completed by each school board member and to include in such press release information concerning each member who has been designated a distinguished school board member.

C. Each city and parish school board shall apply for, receive and expend all funds destined for the support of the schools according to the provisions of R.S. 17:81.

D. Each city and parish school board shall have full and final authority and responsibility for the assignment, transfer and continuance of all students among and within the public schools within its jurisdiction, and shall prescribe rules and regulations pertaining to those functions.

E. Any city or parish school board member shall have the right to examine any or all records of the school system except employee records relative to evaluations, observations, formal complaints, and grievances.

F. A public trust having a city or parish school board as its beneficiary may be created to be funded by surplus revenues of the beneficiary school board and with the use of income produced by the trust restricted to meeting the capital outlay needs of the school system.

G. Individual school board members shall not use the authority of their office to coerce or compel any personnel decisions or any school employee decisions concerning benefits, work assignment, or membership in any organization.

H. Each local school board shall develop and adopt rules and policies regarding the dismissal and discipline of school employees including but not limited to the following issues:

1. dismissing teachers at any time a reduction in force is instituted by the school board;

2. dismissing school employees who have not attained tenure;

3. the investigation of employees accused of impermissible corporal punishment or moral offenses involving students;

4. the investigation of any employee in any case in which there is a public announcement by the board that the employee may be disciplined, whether or not there is an accompanying reduction in employee pay; and

5. grievance procedures for teachers and school employees.

I. No city or parish school board shall adopt any policy which forbids or discourages any teacher or other school board employee from reporting directly to any appropriate law enforcement authority any apparent criminal activity by any person involving, or appearing to involve, controlled dangerous substances, or any other apparent illegal activity.

1. No parish or city school board shall adopt any policy that would have the effect of preventing or hindering the response of law enforcement officials on school board property, to reports of illegal activity.

J. Each city and parish school board may enter into voluntary compacts with other LEAs for the purpose of providing multi-parish education programs of all kinds in accordance with R.S. 17:100.2.

K. Each city, parish, or other local public school board shall conduct exit interviews for teachers who leave their employ and annually report this information to BESE. The local school board shall use the forms and reporting system developed by BESE for this purpose.

L. No board member shall act in an individual capacity to use the authority of his office or position as a member of the school board in a manner intended to interfere with, compel, or coerce any personnel decision including the hiring, promotion, discipline, demotion, transfer, discharge, or assignment of work to any school employee.

M. No board member shall use the authority of his office or position as a member of the school board in a manner intended to interfere with, compel, or coerce any school employee to make any decision concerning benefits, work assignment, or membership in any organization.

La. Admin. Code tit. 28, § CXV-303

Promulgated by the Board of Elementary and Secondary Education, LR 31:1257 (June 2005), amended LR 35:1474 (August 2009), LR 35:1876 (September 2009), LR 37:1136 (April 2011), LR 39:2195 (August 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:53, R.S. 17:54, R.S. 17:81, 17:81.2, and 17:81.4-8, R.S. 17:100.2, and R.S. 17:151.