RS 17:54 Officers of boards, election; superintendents, qualifications, appointment and removal
§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. 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) The superintendent of schools shall be employed by a city, parish, or other local public school board pursuant to a written contract. Such contract shall contain but need not be limited to specific performance objectives. Not less than ninety 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.
(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 unless 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. However, 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) 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) The provisions of this Subparagraph shall be applicable to any person initially employed as a superintendent of schools by a city, parish, or other local public school board on or after July 1, 2005, and to any person who is a superintendent of schools of a city, parish, or other local public school system on July 1, 2005, and who is employed for a subsequent term as superintendent by the board.
(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.
C.(1) A city, parish, or other local public school system superintendent found incompetent, inefficient, or unworthy shall be removable for such cause by a majority vote of the membership of the school board at any regular meeting or at any special meeting after due notice.
(2) The provisions of this Subsection shall not be applicable to any person initially employed as a superintendent of schools by a city, parish, or other local public school board on or after July 1, 2005, or to any person who is a superintendent of schools of a city, parish, or other local public school system on July 1, 2005, and who is employed for a subsequent term as superintendent by the board.
Acts 1990, No. 1005, §1, eff. July 26, 1990; Acts 1998, 1st Ex. Sess., No. 107, §1, eff. July 1, 1998; Acts 1999, No. 857, §1; Acts 2005, No. 482, §1, eff. July 1, 2005.
NOTE: See Acts 1998, 1st Ex. Ses., No. 107, §2 relative to prospective application of Act.