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Regular Session, 2011
HOUSE BILL NO. 454
BY REPRESENTATIVE HARRISON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS/EMPLOYEES: Exempts, under specified fiscal conditions, a local school board
from complying with requirements that the board grant requests for certain kinds of
leave
AN ACT1
To amend and reenact R.S. 17:500.2(A)(1), 1176, 1202(A)(1), and 1206.2(A)(1), relative2
to the granting of certain types of leave by a city, parish, or other local public school3
board; to provide relative to the requirement that the board grant certain sabbatical4
leave requests; to provide relative to the requirement that the board permit certain5
employees to take extended sick leave; to provide exceptions to such requirements;6
to provide an effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. This Act shall be known as the "Education Reform Act".9
Section 2. R.S. 17:500.2(A)(1), 1176, 1202(A)(1), and 1206.2(A)(1) are hereby10
amended and reenacted to read as follows:11
§500.2. School bus operators; extended sick leave12
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, Every13
every city, and parish, and other local public school board shall permit each school14
bus operator to take up to ninety days of extended sick leave in each six-year period15
of employment, which may be used for personal illness or illness of an immediate16
family member in the manner provided in this Subsection at any time that the school17
bus operator has no remaining regular sick leave balance.18
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or19
other local public school board may but shall not be required to comply with the20 HLS 11RS-969 ENGROSSED
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provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the1
amount of the state and local base per pupil cost determination, as established in the2
minimum foundation program formula most recently approved by the legislature, is3
not an increase of at least two and seventy-five hundredths percent over the amount4
established for the previous fiscal year. However, the school board shall honor any5
approved leave that it approved prior to the date the minimum foundation program6
formula is approved by the legislature.7
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,8
in the case of a catastrophic illness or injury, a school board shall comply with the9
provisions of Subparagraph (a) of this Paragraph. 10
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"11
means a life-threatening, chronic, or incapacitating condition affecting an employee12
or a member of an employee's immediate family, as verified by a licensed physician.13
* * *14
§1176. Grounds for rejection of application15
A. Any applicant who, at the expiration of the semester in which he applies,16
is ineligible for the sabbatical leave requested or who has not complied with the17
provisions of R.S. 17:1172 through 17:1174, shall have his or her application18
rejected, but all other applicants shall have their applications granted, except as19
provided in Subsection B of this Section, provided that all leaves requested in such20
applications could be taken without violating the following provision: At no time21
during the school year shall the number of persons on sabbatical leave exceed five22
percent of the total number of teachers employed in a given parish.23
B. For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or24
other local public school board may but shall not be required to grant leave25
applications pursuant to Subsection A of this Section during a fiscal year for which26
the amount of the state and local base per pupil cost determination, as established in27
the minimum foundation program formula most recently approved by the legislature,28
is not an increase of at least two and seventy-five hundredths percent over the29 HLS 11RS-969 ENGROSSED
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amount established for the previous fiscal year. However, the school board shall1
honor any approved leave that it approved prior to the date the minimum foundation2
program formula is approved by the legislature.3
C.(1) Notwithstanding the provisions of Subsection B of this Section, in the4
case of a catastrophic illness or injury, a school board shall comply with the5
provisions of Subsection A of this Section. 6
(2) For the purposes of this Subsection, "catastrophic illness or injury" means7
a life-threatening, chronic, or incapacitating condition affecting an employee or a8
member of an employee's immediate family, as verified by a licensed physician.9
* * *10
§1202. Teachers; extended sick leave11
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, Every12
parish and every city, parish, and other local public school board shall permit each13
teacher to take up to ninety days of extended sick leave in each six-year period of14
employment, which may be used for personal illness or illness of an immediate15
family member in the manner provided in this Subsection at any time that the teacher16
has no remaining regular sick leave balance.17
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or18
other local public school board may but shall not be required to comply with the19
provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the20
amount of the state and local base per pupil cost determination, as established in the21
minimum foundation program formula most recently approved by the legislature, is22
not an increase of at least two and seventy-five hundredths percent over the amount23
established for the previous fiscal year. However, the school board shall honor any24
approved leave that it approved prior to the date the minimum foundation program25
formula is approved by the legislature.26
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,27
in the case of a catastrophic illness or injury, a school board shall comply with the28
provisions of Subparagraph (a) of this Paragraph. 29 HLS 11RS-969 ENGROSSED
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(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"1
means a life-threatening, chronic, or incapacitating condition affecting an employee2
or a member of an employee's immediate family, as verified by a licensed physician.3
* * *4
§1206.2. Employees; extended sick leave5
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, Each6
every city, parish, and other local public school board shall permit each employee,7
as defined in R.S. 17:1205 to take up to ninety days of extended sick leave in each8
six-year period of employment which may be used for personal illness or illness of9
an immediate family member in the manner provided in this Subsection at any time10
that the employee has no remaining regular sick leave balance.11
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or12
other local public school board may but shall not be required to comply with the13
provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the14
amount of the state and local base per pupil cost determination, as established in the15
minimum foundation program formula most recently approved by the legislature, is16
not an increase of at least two and seventy-five hundredths percent over the amount17
established for the previous fiscal year. However, the school board shall honor any18
approved leave that it approved prior to the date the minimum foundation program19
formula is approved by the legislature.20
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,21
in the case of a catastrophic illness or injury, a school board shall comply with the22
provisions of Subparagraph (a) of this Paragraph. 23
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"24
means a life-threatening, chronic, or incapacitating condition affecting an employee25
or a member of an employee's immediate family, as verified by a licensed physician.26
* * *27
Section 3. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29 HLS 11RS-969 ENGROSSED
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
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)]
Harrison HB No. 454
Abstract: Exempts, under specified fiscal circumstances and in certain fiscal years, a local
school board from complying with statutory requirements that the board permit
certain school employees to take sabbatical leave or extended sick leave.
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.
Relative to teachers, school bus operators, and other employees who are not teachers or
whose employment does not require the holding of a teacher's certificate or who are not
employed as bus drivers.
Present law provides that every city and parish school board shall permit such employees
to take up to 90 days of extended sick leave in each six-year period of employment, which
may be used for personal illness or illness of an immediate family member in the manner
provided by law at any time that the employee has no remaining regular sick leave balance.
Proposed law provides, for FY 2011-2012 and FY 2012-2013, that a local school board may
but shall not be required to comply with present law relative to both sabbatical leave and
extended sick leave during a fiscal year for which the amount of the state and local base per
pupil cost determination, as established in the most recent legislatively approved minimum
foundation program (MFP) formula, is not an increase of at least 2.75% over the amount
established for the previous fiscal year; however, proposed law requires the school board to
honor any leave that it approved prior to the date the MFP formula is approved by the
legislature and requires compliance with present law in the case of catastrophic illness or
injury, defined as a life-threatening, chronic, or incapacitating condition affecting an
employee or a member of an employee's immediate family, as verified by a licensed
physician. Provides that proposed law shall be known as the "Education Reform Act".
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:500.2(A)(1), 1176, 1202(A)(1), and 1206.2(A)(1))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Relative to both sabbatical leave and extended sick leave:
(a)Limits applicability of proposed law exception granted to certain school HLS 11RS-969 ENGROSSED
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boards under certain fiscal conditions to FY 2011-2012 and FY 2012-
2013.
(b)Requires a school board to honor leave approved prior to the date the
MFP formula is approved by the legislature and to comply with present
law in the case of catastrophic illness or injury.