Stop the erosion of teacher and school employee rights!

We need checks and balances against favoritism and abuse

A bill that could seriously threaten the rights of teachers and school employees - including making the contents of personnel files public -will be heard by the House of Representatives in the next few days.

In spite of thousands of messages sent to the House Education Committee opposing HB 851 by Rep. Steve Carter (R-Baton Rouge), the committee approved the bill and sent it to the full House for a vote. Committee members were heavily pressured by Gov. Bobby Jindal to vote for this so-called "reform" bill.

If the bill passes, it will give local school superintendents total authority over the hiring and firing of teachers and school employees. Teachers and school employees will be deprived of specific rights to appeal their grievances to the school board.

The bill would allow "information on due process, grievance procedures, hearings and tenure" to be shared with the public, which could put personnel files into the public domain.

Under current law, superintendents make recommendations - including hiring, retirements and terminations - which are voted on by the board. They are listed under "personnel matters" on most school board agendas. This makes government more transparent and holds elected officials accountable to the public.

If HB 851 passes, those decisions would be made by the superintendent alone.

The current law is designed to provide necessary checks and balances against against favoritism and abuse, and to protect the rights of teachers and school employees. Please click on the link and ask your State Representative to vote against HB 851.

Sample Letter for Campaign

Subject: Please vote "NO" on HB 581!

Dear [ Decision Maker ] ,

Please vote "NO" when HB 851 by Rep. Steve Carter comes before the House of Representatives.

School boards are elected to manage Louisiana's public schools. The authority over employment decisions should not be delegated to one person. This bill would make our government less transparent and accountable.

Current law provides necessary checks and balances when it comes to employment decisions. HB 851 would place too much authority in the hands of the local superintendent. It could seriously erode the rights of teachers and school employees. Please vote "NO" on HB 851.

Sincerely,

Campaign Launched:
May 21, 2009

Background Information

The Louisiana Federation of Teachers opposes HB 851 [Carter]. This bill is advertised as a necessary “reform” of school boards, but we believe the bill could actually seriously erode the rights of teachers and school employees.

HB 851 is intended to stop alleged school board micro-management, and to prohibit school board members from exerting undue pressure in personnel decisions. But existing law already clearly prohibits such interference. Board members who violate the law are guilty of ethics violations and are subject to appropriate penalties.

HB 851 does contain a number of damaging consequences. These include the following:

1. The elected representatives of the people will be completely removed from all hiring and firing decisions and will result in a number of undesirable and unintended consequences: School boards will no longer have the responsibility to stand publicly in support of a superintendent’s personnel recommendations.

It is in the best interest of the public and the superintendent that school boards continue to publicly affirm or object to a superintendent’s personnel recommendations. Both the public and the superintendent have the need and right to know where the governing board stands on personnel decisions. In fact, such decisions are customarily the product of a board’s consent agenda. Superintendents routinely recommend any number of “Personnel Changes” (additions, promotions, resignations, terminations), and the school board publicly affirms those recommendations.

2. School boards will no longer have the power to review, discuss, and/or correct questionable personnel decisions. Currently, school boards provide teachers and school employees the possibility of a “final review” in regard to personnel recommendations that may be unreasonable, unwarranted, or otherwise flawed. While such a review is not guaranteed, the possibility of such a review recognizes the power of the school board as the ultimate employer with a responsibility to the employees and community to ensure reasonableness, fairness, and accountability at all levels.

3. Teachers and school employees will be deprived of specific rights granted under LA RS 17:100.4 (Grievance Statute). RS 17:100.4 provides for the right of appeal of grievances to the school board. Since employee grievances may involve disciplinary matters, demotions, transfers and/or work assignments and HB 851 (Section Q) specifically prohibits board members from involvement in such matters, teachers and school employees will be denied specific rights granted under LA RS 17:100.4. In effect, HB 851 will make it impossible for school boards to review administrative decisions and address employee grievances.

In addition, Section S (lines 28 to close) appears to erode public records confidentially protections as provided under LA RS 44:1.

4. HB 851 attempts to create a “super” school superintendent by requiring a two-thirds vote of school board members to remove the superintendent for cause.

A superintendent who has lost the support of a majority of his / her school board cannot effectively lead that school system. This “reform” might suggest the illusion of greater job security for superintendents. But in reality, it sets the stage for internal and public strife and paralysis. A simple majority may not be able to fire a superintendent, but could certainly force deadlock over any policy issues.

In summation, the Louisiana Federation of Teachers urges defeat of HB 851 because

Current law provides adequate restrictions and prohibitions regarding school board governance and these should be fully enforced.

Proponents have not provided adequate cause for the enactment of HB 851 and have failed to reasonably demonstrate that passage of HB 851 will correct problems identified in anecdotes provided.
HB 851 is rife with unintended consequences that will adversely affect local governance by restricting transparency and diminishing the responsibility and accountability of the elected school board.