FILE: GBA
CONTRACTS AND COMPENSATION
CONTRACTS
Contracts of employment between eligible employees and the Orleans Parish School Board shall be executed for a specified period of time and compensation in accordance with state law. Unless otherwise stipulated, all employees shall meet all stated position qualifications and/or certification requirements before any contract shall become valid. Renewal or issuance, when possible, of contracts of employment, as well as termination or nonrenewal of contract notices, with the exception of performance contracts, shall be issued on or before the last day of each school year, whenever possible.
The execution of an employee contract between the School Board and employee shall be legally binding upon both parties. Teachers without tenure shall be required to have written contracts. Teachers who have gained tenure shall not be required to receive written contracts, although the School Board may choose to issue such contracts and may require teachers to sign such contracts if issued. The failure of a non-tenured teacher to sign a contract for the ensuing school session within the specified time, when required, shall be considered as voluntary termination of employment on the part of the teacher, unless under extenuating circumstances, an extension is granted by the Superintendent. Any subsequent resignation or termination of said contract for reasons other than extreme emergencies, as determined by the School Board, shall constitute a breach of contract against which legal action may be taken by the School Board and the employee dealt with accordingly. Except for those employees who are directly appointed by the School Board, the Superintendent shall receive, finalize, and accept all resignations of all employees.
The Superintendent shall sign each teacher contract.
Performance Contracts
Administrative and supervisory personnel in positions that require certification shall be hired under the terms of a performance contract of not less than two (2) nor more than four (4) years, except when such employment is for a temporary position. Prior to the School Board’s approval of any initial or subsequent contract which involves an employee being or having been promoted to a position with a higher salary, the Superintendent shall disclose all terms of the contract to the School Board.
Termination or non-renewal of any performance contract shall be governed by the terms of the contract and applicable law.
COMPENSATION
Salary Schedules
Upon the recommendation of the Superintendent, the School Board shall establish salary schedules that shall be used to determine the salaries to be paid to teachers and all other school employees. Salaries of all teachers shall be set by the Superintendent. The salaries of all personnel are generally based upon an established salary schedule and associated regulations provided, however, that salaries may be stated in and controlled by an employment contract. The salaries as provided in any salary schedule shall be considered as full compensation for all work required and performed within each employee’s prescribed scope of duties and responsibilities.
Salary schedules established for teachers, administrators, and other certified school personnel shall be based upon the following criteria, with no one criterion accounting for more than fifty percent (50%) of the formula used to compute such employees' salaries:
Effectiveness, as determined by the performance evaluation program as provided in La. Rev. Stat. Ann. §§17:3881 through 3905.
Demand, inclusive of area of certification, particular school need, geographic area, and subject area, which may include advanced degree levels.
Experience.
No teacher or administrator who is rated ineffective pursuant to the School Board’s performance evaluation program shall receive a higher salary in the year following the evaluation than the teacher/administrator received in the year of the evaluation.
The amount of the annual salary paid to any employee in any school year shall not be reduced below the amount of such salary paid during the previous school year, nor shall the amount of the annual salary paid to any employee be reduced at any time during an academic year. The limitations on the reduction in the amount of the annual salary paid to any employee shall not be applicable to:
The correction of any accounting errors or to a reduction necessitated by the elimination of a state program or state funding;
The reduction of any local salary supplement funded, in whole or in part, from a revenue source requiring voter approval, when such voter approval has not been obtained;
An employee who has been promoted and subsequently demoted to a lower position. In this case, the employee’s salary shall return to the salary previously received in the lower position from which promoted; or
The elimination, discontinuance, or reorganization of the position to which the employee is assigned that results in the employee working fewer hours, days, or months. In such case, the employee’s salary for that academic year shall not be reduced. After that year, the employee’s salary shall be determined in accordance with the applicable salary schedule for the employee’s position.
Ordinarily, no teacher shall be placed on the payroll of the School Board unless the teacher holds a valid certificate as required by law, and a copy of the teacher's contract has been filed with the Superintendent. Exceptions may be made only when qualified teachers with valid certification are not available for employment.
Experience Credit
A year of teaching experience is defined as each scholastic year of employment as a certified teacher in public schools within any of the fifty states of the United States of America, or within any of its territorial possessions; or as a teacher in a private or parochial school, as an employee in a state department of education, or as an instructor in an institution of higher learning. All such experience must have been as a teacher in an institution or school accredited by one of the recognized regional accrediting agencies in the United States of America (e.g., SACS). Experience outside the United States of America, its territories or possessions must be in an institution or school accredited by an accrediting agency recognized by the United States of America.
A year of teaching experience shall be granted if the person was employed for at least ninety-one (91) instructional days, or the equivalent of fifty percent (50%) plus one (1) day of the number of student instructional days contained in the school calendar where the teacher was employed, during one scholastic year, excluding holidays, as verified by the Superintendent. However, not more than one (1) year of experience shall be granted for a period inclusive of twelve (12) consecutive calendar months. All experience must have been on a full-time basis.
Any teacher holding a valid Louisiana teaching certificate in the public school system of Louisiana who has transferred to Louisiana from a public school system of another state and who, at the time of such transfer, held a valid teacher's certificate from that state, shall be given full credit under the salary schedule for the years of satisfactory teaching service previously rendered in the public school system of that state. Credit for previous teaching experience shall also be granted to an employee who holds a valid Louisiana teaching certificate and is employed or has been employed by another public school system in the state.
Advanced Degree
When a teacher earns additional college credit, is awarded an advanced degree, or receives additional training that would result in an increase in salary, said teacher shall be paid for the advanced degree or training beginning with the next school semester after all necessary documentation has been received from the Louisiana Department of Education. It shall be the responsibility of the employee to assure proper notification is given to the Superintendent or his/her designee.
Retirees
The salary of any retiree who is reemployed as a full-time teacher shall be based on the salary schedule which accounts for all prior years of teaching service and pertinent experience. The status of any retiree who is reemployed shall be the same as a full-time active employee, subject to all applicable rules, procedures, policies, and statutes that apply to all such full-time active employees.
The retirement of an employee prior to his/her re-employment as a retiree shall constitute a break in his/her service with the School Board for purposes of tenure and sabbatical leave. The retiree shall not be allowed to carry forward annual leave days accumulated by him/her as of the date of his/her retirement, but he/she may carry forward accumulated sick leave days provided that he/she has returned to employment within five (5) years of his/her last employment as a teacher within the school system. A retiree shall have the right to earn additional sick leave and annual leave, if applicable, on the same basis as other similarly situated newly hired employees while a retiree.
School Employees
Compensation for all school employees shall be based on applicable salary schedules or hourly rates established by the Orleans Parish School Board, with the exception that no employee shall receive less than the minimum established by state or federal law.
For the purpose of this subsection, school employee shall mean any employee of the School Board who is not required to hold a teacher's certificate as a condition of employment, including, but not limited to, food service worker, paraeducator, custodian, and maintenance personnel.
SALARY SUPPLEMENTS/STIPENDS
The School Board, at its discretion, may permit the payment of salary supplements or stipends to certain personnel who assume special duties. Salary supplements/stipend payments made to eligible employees (i.e. those employees who are actively employed on scheduled payroll date, with applicable federal and state taxes, Medicare tax and pension contributions deducted from the gross amount) shall be based upon recommendations from the Superintendent to the full School Board for consideration and/or adoption.
Revised: January 19, 2017
Ref: 29 USC 201 et seq. (Fair Labor Standards Act of 1938, as amended)
29 CFR 778 (Overtime Compensation)
La. Rev. Stat. Ann. §§11:710, 17:81, 17:83, 17:84, 17:84.1, 17:411, 17:413, 17:414, 17:418, 17:419.2, 17:421.4, 17:422.6, 17:423, 17:424, 17:424.2, 17:424.3, 17:442, 17:444, 17:491, 17:492, 17:496, 17:496.1, 17:497, 17:497.1, 17:498, 17:1203, 17:3881, 17:3882, 17:3883, 17:3884, 17:3901, 17:3902, 17:3903, 17:3904
Harrah Independent School District v. Martin, 99 S.Ct. 1062 (1979)
Garcia v. San Antonio Metropolitan Transit Authority et al., 105 S. Ct. 1005 (February 1985)
Wright v. Caldwell Parish School Board, 30.448 (La. App. 2 Cir. 6/16/99)
Board minutes, 1-19-17
Orleans Parish School Board