ENROLLED
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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.
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
provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the21
amount of the state and local base per pupil cost determination, as established in the22
minimum foundation program formula most recently approved by the legislature, is23
not an increase of at least two and seventy-five hundredths percent over the amount24 ENROLLEDHB NO. 454
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established for the previous fiscal year, and at the beginning of such fiscal year the1
school board has a fund balance deficit that exceeds five percent and an unrestricted2
fund balance of less than seven and one-half percent. However, the school board3
shall honor any approved leave that it approved prior to the date the minimum4
foundation program formula is approved by the legislature.5
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,6
in the case of a catastrophic illness or injury, a school board shall comply with the7
provisions of Subparagraph (a) of this Paragraph. 8
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"9
means a life-threatening, chronic, or incapacitating condition affecting an employee10
or a member of an employee's immediate family, as verified by a licensed physician.11
* * *12
§1176. Grounds for rejection of application13
A. Any applicant who, at the expiration of the semester in which he applies,14
is ineligible for the sabbatical leave requested or who has not complied with the15
provisions of R.S. 17:1172 through 17:1174, shall have his or her application16
rejected, but all other applicants shall have their applications granted, except as17
provided in Subsection B of this Section, provided that all leaves requested in such18
applications could be taken without violating the following provision: At no time19
during the school year shall the number of persons on sabbatical leave exceed five20
percent of the total number of teachers employed in a given parish.21
B. For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or22
other local public school board may but shall not be required to grant leave23
applications pursuant to Subsection A of this Section during a fiscal year for which24
the amount of the state and local base per pupil cost determination, as established in25
the minimum foundation program formula most recently approved by the legislature,26
is not an increase of at least two and seventy-five hundredths percent over the27
amount established for the previous fiscal year, and at the beginning of such fiscal28
year the school board has a fund balance deficit that exceeds five percent and an29
unrestricted fund balance of less than seven and one-half percent. However, the30 ENROLLEDHB NO. 454
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school board shall honor any approved leave that it approved prior to the date the1
minimum foundation program formula is approved by the legislature.2
C.(1) Notwithstanding the provisions of Subsection B of this Section, in the3
case of a catastrophic illness or injury, a school board shall comply with the4
provisions of Subsection A of this Section. 5
(2) For the purposes of this Subsection, "catastrophic illness or injury"6
means a life-threatening, chronic, or incapacitating condition affecting an employee7
or a member of an employee's immediate family, as verified by a licensed physician.8
* * *9
§1202. Teachers; extended sick leave10
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, Every11
parish and every city, parish, and other local public school board shall permit each12
teacher to take up to ninety days of extended sick leave in each six-year period of13
employment, which may be used for personal illness or illness of an immediate14
family member in the manner provided in this Subsection at any time that the teacher15
has no remaining regular sick leave balance.16
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or17
other local public school board may but shall not be required to comply with the18
provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the19
amount of the state and local base per pupil cost determination, as established in the20
minimum foundation program formula most recently approved by the legislature, is21
not an increase of at least two and seventy-five hundredths percent over the amount22
established for the previous fiscal year, and at the beginning of such fiscal year the23
school board has a fund balance deficit that exceeds five percent and an unrestricted24
fund balance of less than seven and one-half percent. However, the school board25
shall honor any approved leave that it approved prior to the date the minimum26
foundation program formula is approved by the legislature.27
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,28
in the case of a catastrophic illness or injury, a school board shall comply with the29
provisions of Subparagraph (a) of this Paragraph. 30 ENROLLEDHB NO. 454
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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, and at the beginning of such fiscal year the18
school board has a fund balance deficit that exceeds five percent and an unrestricted19
fund balance of less than seven and one-half percent. However, the school board20
shall honor any approved leave that it approved prior to the date the minimum21
foundation program formula is approved by the legislature.22
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,23
in the case of a catastrophic illness or injury, a school board shall comply with the24
provisions of Subparagraph (a) of this Paragraph. 25
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"26
means a life-threatening, chronic, or incapacitating condition affecting an employee27
or a member of an employee's immediate family, as verified by a licensed physician.28
* * *29 ENROLLEDHB NO. 454
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Section 3. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: