Louisiana 2010 Regular Session

Louisiana House Bill HB399 Latest Draft

Bill / Introduced Version

                            HLS 10RS-985	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 399
BY REPRESENTATIVE PEARSON
TEACHERS/LEAVE: Exempts, under specified fiscal conditions, a local school board from
complying with the requirement that the board grant certain requests for sabbatical
leave
AN ACT1
To amend and reenact R.S. 17:1176, relative to the granting of sabbatical leave by a city,2
parish, or other local public school board; to provide relative to the requirement that3
certain sabbatical leave requests be granted; to provide exceptions to such4
requirement; to provide an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 17:1176 is hereby amended and reenacted to read as follows:7
ยง1176.  Grounds for rejection of application8
A. Any applicant who, at the expiration of the semester in which he applies,9
is ineligible for the sabbatical leave requested or who has not complied with the10
provisions of R.S. 17:1172 through 17:1174, shall have his or her application11
rejected, but all other applicants shall have their applications granted, except as12
provided in Subsection B of this Section, provided that all leaves requested in such13
applications could be taken without violating the following provision:  At no time14
during the school year shall the number of persons on sabbatical leave exceed five15
percent of the total number of teachers employed in a given parish.16
B. A city, parish, or other local public school board may but shall not be17
required to comply with the provisions of Subsection A of this Section that mandate18
the granting of certain leave applications during a fiscal year for which the amount19
of the state and local base per pupil cost determination for such fiscal year, as20 HLS 10RS-985	ORIGINAL
HB NO. 399
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
established in the minimum foundation program formula most recently approved by1
the legislature, is not an increase of at least two and seventy-five hundreths percent2
over the amount established for the previous fiscal year.3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Pearson	HB No. 399
Abstract: Exempts, under specified fiscal circumstances, a local school board from
complying with the statutory requirement that the board grant certain sabbatical
leave requests.
Present law provides, in part, that certain applicants for sabbatical leave shall have their
applications granted by a local school board provided that all leaves requested could be taken
without violating the prohibition that at no time during the school year shall the number of
persons on sabbatical leave exceed 5% of the total number of teachers employed in a given
parish.
Proposed law retains present law other than referencing the exception provided in proposed
law.
Proposed law provides that a local school board may but shall not be required to comply
with present law provisions that mandate the granting of certain leave applications during
a fiscal year for which the amount of the state and local base per pupil cost determination
for such fiscal year, as established in the most recent legislatively approved minimum
foundation program formula, is not an increase of at least 2.75% over the amount established
for the previous fiscal year.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:1176)