HLS 10RS-985 ORIGINAL Page 1 of 2 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 Page 2 of 2 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)