§8.8. Certification appeals; appeals council; membership; duties; reporting; exceptions

             A. The State Board of Elementary and Secondary Education shall establish an appeals process which provides for the circumstances under which an applicant who has been denied certification may appeal the denial to the Teacher Certification Appeals Council, referred to in this Section as the "council".

            B. The council shall consist of nine members recommended by the state superintendent of education and approved by the board as follows:

            (1) Three council members shall be college of education faculty members, each of whom shall represent a postsecondary education institution participating in both traditional and alternative certification programs. The Louisiana Association of Colleges for Teacher Education, the Louisiana Association of Independent Colleges and Universities, and the Louisiana Association of Teacher Educators shall each submit a list of three nominees. The superintendent shall recommend one college of education faculty member from each list.

            (2) Three council members shall be classroom teachers. The Associated Professional Educators of Louisiana, the Louisiana Association of Educators, and the Louisiana Federation of Teachers shall each submit a list of three nominees. The superintendent shall recommend one classroom teacher from each list.

            (3) Three council members shall be certified school or system administrators. The Louisiana Association of School Executives, the Louisiana State Association of School Personnel Administrators, and the Louisiana Association of School Superintendents shall each submit a list of three nominees. The superintendent shall recommend one administrator from each list.

            C. Council members shall serve four-year terms.

            D. A majority of council members, not including vacancies, shall constitute a quorum. All actions of the council shall be approved by the affirmative vote of a majority of the members present and voting.

            E.(1) The council shall evaluate the appeals of persons seeking Louisiana certification, including a review of the documents and transcripts of appellants, and shall submit a written report of its findings to the board. A decision of the council shall be a final decision except as provided in Paragraph (2) of this Subsection.

            (2)(a) The State Board of Elementary and Secondary Education may override the council's denial of an appellant's appeal if the denial was based on circumstances beyond the appellant's control as determined by the state board; however, the state board shall not override a denial by the council if it determines that the certification of the appellant would conflict with state or federal law.

            (b) The state board may call a special meeting to consider overriding a denial of the council. The state board may delegate its authority to override such a denial to the board president. If an appellant submits a request for the board to override a denial, either the state board or the board president shall render a decision within thirty days of receiving the request.

            F. The council shall not consider appeals of persons who are nondegreed, lack any examination scores required by the board for initial certification or administrative certification, or lack fifty percent or more of required course work. The council shall not consider requests to waive state or federal statutes pertaining to teacher certification.

            G. The board shall establish by rules and regulations, in accordance with the Administrative Procedure Act, all guidelines and procedures for carrying out the provisions of this Section.

            H. Upon the notification of the dissolution of any association with nominating authority under this Section, the board shall name a similar association to act as a nominating authority. The association shall submit a list of three nominees to the superintendent. The superintendent shall recommend one person from the list for approval by the board.

            Acts 2023, No. 392, §1, eff. June 14, 2023; Acts 2026, No. 281, §1.

            NOTE: See Acts 2026, No. 281, §2, relative to retroactive application.