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Regular Session, 2012
HOUSE BILL NO. 1173
BY REPRESENTATIVE CARTER
SCHOOLS: Provides relative to the state special schools
AN ACT1
To amend and reenact R.S. 17:43, 46(A)(1)(b), (B), (D), (E)(1), (2)(d), and (4)(b) and (c),2
(G)(1)(a)(iii), (I), (N)(2), (P), and (Q), 47(A), (B), and (D)(1)(a) and (6)(a), (b), (c),3
and (d), 48(A) and (B), 49(A) and (B), 348(A) and (B), and 1945 and R.S.4
36:642(C)(1) and 648.1, to enact R.S. 17:46(A)(1)(c), and to repeal R.S. 17:4.1,5
348(D) and (E), and 1945(C)(4) and (5), provides relative to special education;6
provides relative to the administration and supervision of Louisiana special schools7
and programs; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:43, 46(A)(1)(b), (B), (D), (E)(1), (2)(d), and (4)(b) and (c),10
(G)(1)(a)(iii), (I), (N)(2), (P), and (Q), 47(A), (B), and (D)(1)(a) and (6)(a), (b), (c), and (d),11
48(A) and (B), 49(A) and (B), 348(A) and (B), and 1945 are hereby amended and reenacted12
and R.S. 17:46(A)(1)(c) is hereby enacted to read as follows: 13
§43. Special schools defined; benefits for certificated teachers; legislative policy 14
A. It is declared to be legislative policy that the Louisiana special schools,15
which include the Louisiana Schools for the Deaf and Visually Impaired and the16
Louisiana Special Education Center for the blind, deaf, and spastic students, and the17
special schools comprising Special School Programs, District Number One, operated18
and maintained as a part of the public educational system by the Louisiana19
Department of Education, State Board of Elementary and Secondary Education20
under the provisions of Section 3, Article VIII, Louisiana Constitution of 1974, shall21
provide all benefits, privileges, rights, and powers as provided for certificated22 HLS 12RS-2183 ENGROSSED
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teachers in the public elementary and secondary schools in the interest of statewide1
uniformity of administration of teacher welfare benefits, including but not limited2
to the benefits enumerated in this Part.3
B.(1) As used in this Part "special schools" includes all special schools under4
the State Board of Elementary and Secondary Education, and Special School District5
Number One and all the special schools comprising said district Louisiana special6
schools and all schools or educational programs in Special School Programs operated7
by the Louisiana Department of Education through the Special School District.8
(2) Teachers at the Louisiana Schools for the Deaf and Visually Impaired9
may attain tenure in the educational program, either the educational program for the10
hearing impaired or the educational program for the visually impaired, for which11
they are certified. Teachers at the Louisiana Special Education Center may attain12
tenure at the Louisiana Special Education Center. Teachers in Special School13
Programs may attain tenure in Special School Programs.14
* * *15
§46. Sabbatical leave program16
A.(1)17
* * *18
(b) As used in this Subpart, the words "teacher" or "teaching staff" shall19
include any social worker, guidance counselor, school nurse, audiologist, educational20
diagnostician, speech-language pathologist, or school psychologist employed by a21
special school who holds the appropriate valid professional ancillary certificate22
issued by the state Department of Education and who has served in the Special23
School District for the number of years required for probationary teachers to attain24
tenure. For a school nurse, a professional ancillary certificate means a Type A, Type25
B, or Type C certificate.26
(c) For purposes of this Subpart, Louisiana Schools for the Deaf and Visually27
Impaired, Louisiana Special Education Center, and Special School Programs are28
considered separate schools.29 HLS 12RS-2183 ENGROSSED
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B. Applications for sabbatical leave shall be made on a form to be provided1
by the superintendent of the special school where the teacher is employed Special2
School District. Applications shall be sent to the superintendent of the Special3
School District by registered or certified mail at least sixty days preceding the4
beginning of the semester of the school year for which leave is requested, except5
that, where a teacher has become sick during a semester and requests medical leave6
for the purpose of recuperating from such sickness, it shall be sufficient if the7
application is mailed thirty days before the date upon which the requested leave is8
to commence.9
* * *10
D. Every applicant shall be notified by the superintendent of the special11
school Special School District in writing within sixty days after the final day for the12
filing of the application whether the application has been granted by the board or13
rejected; where the application is for medical leave from sickness the superintendent14
shall notify the applicant within thirty days from the date of the filing of the15
application whether the application has been granted or rejected or if further medical16
examination, as permitted by this Section, is required. If the application has been17
rejected, the reasons for such rejection shall be specified.18
E.(1) No person whose application for sabbatical leave has been granted19
shall be denied such leave except as otherwise provided in this Section.20
(2)21
* * *22
(d) The semesters spent in active service in the parish system special school23
from which leave is requested.24
* * *25
(4)26
* * *27
(b)(i) If the superintendent board, upon review of the application, questions28
the validity or accuracy of the certification, the board he may require the applicant,29 HLS 12RS-2183 ENGROSSED
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as a condition for continued consideration of the application, to be examined by a1
licensed physician selected by the board superintendent. In such a case, the board2
special school employing the applicant shall pay all costs of the examination and any3
tests determined to be necessary. If the physician selected by the superintendent4
board finds medical necessity, the leave application shall be granted.5
(ii) If the physician selected by the board superintendent disagrees with the6
certification of the physician selected by the applicant, then the special school7
employin g the applicant board may require the applicant, as a condition for8
continued consideration of the application, to be examined by a third licensed9
appropriate physician whose name appears next in the rotation of physicians on a list10
established by the local medical society for such purpose and maintained by the11
school board. All costs of an examination and any required tests by a third doctor12
shall be paid by the board special school employing the applicant. The opinion of13
the third physician shall be determinative of the issue.14
(c) The opinion of all physicians consulted as provided in this Paragraph15
shall be submitted to the board superintendent in the form of a sworn statement, as16
referenced in R.S. 14:125.17
* * *18
G.(1)(a) Every person on medical leave is prohibited from undertaking any19
gainful employment during such leave unless all of the following conditions are met:20
* * *21
(iii) The board superintendent of the Special School District authorizes such22
part-time work.23
* * *24
I. Any person who fails to comply with the provisions of Subsections G and25
H of this Section may have his leave terminated by the superintendent of the Special26
School District at any time, except where noncompliance is due to conditions which27 HLS 12RS-2183 ENGROSSED
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would have constituted sufficient grounds for failing to perform his duties had he1
been in active service.2
* * *3
N.4
* * *5
(2) The superintendent of the Special School District board may grant such6
additional leave or compensation as it he may establish and fix in the best interest of7
the special school.8
* * *9
P. The board superintendent of the Special School District may grant leaves10
of absence, without pay, for periods not exceeding one year, to any regularly11
employed teacher or other employee, who requests such leave in writing, whenever12
in the discretion of the board superintendent such leave is in the best interests of the13
special school. The granting of such leaves shall not affect any tenure rights which14
the applicant may have acquired prior thereto.15
Q. Each person granted sabbatical leave shall sign an agreement or contract16
with the board superintendent of the Special School District stipulating that, as a17
condition of his sabbatical leave and in order to be eligible for compensation during18
such leave, he will return to service for one semester for each semester of leave19
following the expiration of his leave in the special school granting the leave. Should20
a person taking sabbatical leave fail to return to service in the special school granting21
leave or for one semester for each semester of leave following the expiration of such22
leave for any reason other than incapacitating illness as certified by two physicians,23
that person shall forfeit all compensation received during the leave period, provided24
however, the board superintendent may waive the provisions of this Section in25
accordance with the prepublished criteria if it he deems to be in the best interest of26
the special school to do so. No such waiver shall favor or discriminate against any27
employee or applicant because of his job description, age, race, or sex.28 HLS 12RS-2183 ENGROSSED
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§47. Sick and personal leave1
A.(1) All teachers and superintendents employed by the special schools of2
this state shall be entitled to and shall be allowed a minimum of ten days absence per3
school year because of personal illness or because of other emergencies, without loss4
of pay. Such sick leave when not used in any year shall be accumulated to the credit5
of the teacher or superintendent without limitation. Provided that when a teacher is6
absent for six or more consecutive days because of personal illness, he shall be7
required to present a certificate from a physician certifying such illness; provided,8
further that the board superintendent of the Special School District is authorized to9
adopt such rules and regulations as are necessary relative to the use of such sick10
leave, either current or accumulated, for emergencies. The board superintendent may11
grant additional sick leave, without loss of pay, or with such reduction of pay as it12
he may establish and fix.13
(2) The minimum of ten days of sick leave provided in this Subsection shall14
be allowed based on a teacher and superintendent beginning work at the beginning15
of a school year. In the case of a teacher or superintendent who begins work in the16
first month of a school year, ten days shall be allowed; in the case of a teacher or17
superintendent who begins work in the second month of a school year, nine days18
shall be allowed; in the case of a teacher or superintendent who begins work in the19
third month of a school year, eight days shall be allowed; in the case of a teacher or20
superintendent who begins work in the fourth month of a school year, seven days21
shall be allowed; in the case of a teacher or superintendent who begins work in the22
fifth month of a school year, six days shall be allowed; in the case of a teacher or23
superintendent who begins work in the sixth month of a school year, five days shall24
be allowed; in the case of a teacher or superintendent who begins work in the seventh25
month of a school year, four days shall be allowed; and, in the case of a teacher or26
superintendent who begins work in the eighth month or thereafter of a school year,27
three days shall be allowed.28 HLS 12RS-2183 ENGROSSED
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B. Upon the retirement of any teacher or superintendent from a special1
school or upon his death prior to retirement, the board shall pay to such teacher or2
superintendent or to his heirs or assigns, shall be paid for sick leave which has3
accrued to such teacher or superintendent but which remains unused at the time of4
his retirement or at the time of his death if prior to retirement, not to exceed twenty-5
five days of such unused sick leave. Such pay shall be at the rate of pay received by6
the teacher or superintendent at the time of retirement or death prior to retirement;7
provided that the board may pay such unused sick leave beyond twenty-five days8
may be paid at its the discretion of the superintendent of the Special School District.9
* * *10
D.(1)(a) The superintendent of the Special School District board shall permit11
each teacher to take up to ninety days of extended sick leave in each six-year period12
of employment which may be used for personal illness or illness of an immediate13
family member in the manner provided in this Subsection at any time that the teacher14
has no remaining regular sick leave balance.15
* * *16
(6)(a) If the board superintendent, upon review of the application, questions17
the validity or accuracy of the certification, the employer may require the teacher or18
the immediate family member, as a condition for continued extended leave, to be19
examined by a licensed physician selected by the employer. In such a case, the20
employer shall pay all costs of the examination and any tests determined to be21
necessary. If the physician selected by the employer finds medical necessity, the22
leave shall be granted.23
(b) If the physician selected by the public school employer disagrees with24
the certification of the physician selected by the teacher or the immediate family25
member, then the employer may require the teacher or immediate family member,26
as a condition for continued extension of sick leave, to be examined by a third27
licensed appropriate physician whose name appears next in the rotation of physicians28
on a list established by the local medical society for such purpose and maintained by29 HLS 12RS-2183 ENGROSSED
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the board. All costs of an examination and any required tests by a third doctor shall1
be paid by the employer. The opinion of the third physician shall be determinative2
of the issue.3
(c) The opinion of all physicians consulted as provided in this Paragraph4
shall be submitted to the board superintendent in the form of a sworn statement5
which shall be subject to the provisions of R.S. 14:125.6
(d)(i) In addition to the authority provided in Subsection A of this Section,7
special schools the board shall adopt a policy providing for employees suffering from8
catastrophic and long-term illness.9
(ii) The superintendent The board may, as part of a collective bargaining10
agreement, or by its own policy provide additional compensation or extended leave11
days in excess of what is required in this Section.12
* * *13
§48. Maternity leave 14
A. The board superintendent of the Special School District shall grant leaves15
of absence to regularly employed women teachers for a reasonable time before and16
after childbirth. The granting of such leaves shall not affect any of the tenure rights17
which the teacher may have acquired prior thereto under the provisions of Subpart18
C of this Part. 19
B. The position vacated by a teacher who has been granted a maternity leave,20
or by a teacher transferred to the position vacated by a teacher taking a maternity21
leave, in accordance, may be filled by the board by the appointment of substitute22
teachers. 23
* * *24
§49. Military leave 25
A. The board superintendent of the Special School District shall grant leaves26
of absence to regularly employed teachers serving in the military service or in the27
armed forces of the United States for a period dating from induction, enlistment,28
enrollment, or call to service. The granting of such leaves shall not affect any of the29 HLS 12RS-2183 ENGROSSED
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tenure rights which the teacher may have acquired prior thereto under the provisions1
of Subpart C of this Part. 2
B. The position vacated by a teacher who has been granted a military leave,3
or by a teacher transferred to the position vacated by a teacher granted a military4
leave, in accordance with Subsection A of this Section may be filled by the board by5
the appointment of substitute teachers.6
* * *7
§348. Louisiana State School Schools for the Deaf; Louisiana School for the and8
Visually Impaired; Louisiana Special Education Center; year-round9
operation; continuing service10
A. The Louisiana Schools State School for the Deaf, the Louisiana School11
for the and Visually Impaired and the Louisiana Special Education Center, and the12
Cerebral Palsy Center at Monroe may convert to operate year-round operation under13
the provisions of this Subpart, subject to the approval of the State Board of14
Elementary and Secondary Education superintendent of the Special School District15
and subject to the availability of funds.16
B. Special educational services at the Louisiana Special Education Center17
and the Cerebral Palsy Center may be continued to be provided until the thirty-18
second birthday for individuals with severe physically handicapping conditions who19
are receiving work skill training and who have not reached employable proficiency20
by their twenty-second birthday, subject to the approval of the superintendent of the21
Special School District State Board of Elementary and Secondary Education and22
subject to the availability of funds.23
* * *24
§1945. Special schools and school districts25
A. The Special School District shall be considered an educational service26
agency administered by the Department of Education, subject to the limitations of27
such units which shall include no authority to levy tax. The Special School District28 HLS 12RS-2183 ENGROSSED
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shall have the responsibility and authority to create and fill positions to serve the1
students in the district subject to the availability of funds.2
(1) The state superintendent of education shall be the governing authority for3
Special School District.4
(2) The Special School District includes:5
(a) Louisiana special schools.6
(b) Special School Programs.7
(3) The services of the Special School District shall be available to all8
eligible students as described in this Section, regardless of their place of residence9
within the state.10
B.(1) The State Board of Elementary and Secondary Education shall have11
jurisdiction and exercise supervision and control over the state's special schools for12
the blind, deaf, and orthopedically impaired. The Louisiana School Schools for the13
Deaf, the Louisiana School for the and Visually Impaired, and the Louisiana Special14
Education Center, hereinafter in this Section referred to as Board Louisiana Special15
Schools, are residential schools established to provide such academic, vocational,16
and other related services as may be required.17
B.(1) (2) The Board Louisiana Special Schools shall establish an annual18
enrollment deadline for admission to each of the respective schools. After a school's19
deadline, any other children with hearing, visual, or orthopedic impairments may20
enroll at the request of their parents, guardians, appointed custodians, or other legal21
surrogates if the school, as applicable, determines that there are sufficient resources22
to meet the needs of these children as well as the needs of the children enrolled prior23
to the enrollment deadline.24
(2) (3) The Board Louisiana Special Schools may share services and25
functions, including but not limited to fiscal, human resources, maintenance,26
security, physical plant, food, transportation, admissions, diagnostics, and health27
services, to the extent that sharing such services and functions is not in conflict with28
federal laws and rules applicable to the education of students with exceptionalities.29 HLS 12RS-2183 ENGROSSED
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C.(1) A special school Special School Programs district shall be established1
to provide: 2
(a) special Special education and related services to any eligible student with3
exceptionalities who is enrolled in any state-operated facility that provides only a4
general education program. as a resident of the facility and to provide 5
(b) appropriate Appropriate educational services to any eligible student in a6
state-operated facility that does not provide an educational program. enrolled in any7
state-operated health facility.8
(2) Special School Programs may provide appropriate educational services9
at facilities where public agencies place students who are in the care or custody of10
the public agency or students whose education is the responsibility of the public11
agency.12
(3) Special School Programs may provide the services authorized in this13
Section to students until their twenty-fifth birthday and may provide the services14
authorized in this Section to students regardless of age, pursuant to an agreement15
between Special School Programs and the facility or the public agency that placed16
the student.17
(2) The special school district shall be considered an education service18
agency administered by the Department of Education, with the approval of the State19
Board of Elementary and Secondary Education, subject to the limitations of such20
units which shall include no authority to levy tax.21
(3) The services of the special school district shall be available to all eligible22
students herein described, regardless of their place of residence within the state.23
(4) The special school district may enter into interagency agreements with24
other state agencies to provide appropriate educational services to any eligible25
student who is not a resident of a state-operated facility but who is in the care or26
custody of a public or private department, agency, or institution.27 HLS 12RS-2183 ENGROSSED
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(5) The special school district may enter into interagency agreements with1
other state agencies to provide appropriate educational services to any eligible2
student regardless of age who is enrolled in any state-operated facility as a resident3
of the facility.4
Section 2. R.S. 36:642(C)(1) and 648.1 are hereby amended and reenacted to read5
as follows:6
§642. Department of Education; creation; domicile; composition; purposes and7
functions8
* * *9
C.(1) The Department of Education shall be composed of the executive10
office of the superintendent, the office of management and finance, the office of11
literacy, the office of science, technology, engineering, and mathematics, the office12
of college and career readiness, the office of departmental support, the office of13
innovation, special school district number one the Special School District, and such14
other offices as shall be created by law.15
* * *16
§648.1. Special school district; number one; administration17
A. Special school district number one The Special School District shall be18
under the administration and supervision of a state director superintendent of the19
Special School District who shall be appointed by the state superintendent of20
education, subject to confirmation by the Senate.21
B. The salary of the state director superintendent of special school district22
number one the Special School District shall be fixed by the state superintendent and23
shall not exceed the amount approved for such position by the legislature while in24
session.25
C. The state director of special school district number one superintendent of26
the Special School District shall exercise his duties and functions under the direct27
supervision and control of the state superintendent of education.28 HLS 12RS-2183 ENGROSSED
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Section 3. R.S. 17:4.1, 348(D) and (E), and 1945(C)(4) and (5) are hereby repealed1
in their entirety.2
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)]
Carter HB No. 1173
Abstract: Provides relative to the management and supervision of La. special education
schools and programs.
Proposed law amends generally with respect to the management and operation of special
education schools and programs as follows:
(1)Provides for an entity within the Dept. of Education known as the Special School
District; removes references to Special School District No. 1.
(2)Provides that the Special School District includes special schools (the La. Schools
for the Deaf and Visually Impaired and the La. Special Education Center) as well as
Special School Programs which provide services to students in state-operated
facilities.
(3)Provides for a superintendent of the Special School District who is responsible for
administration and management of the district and its schools and programs.
Removes provisions regarding the responsibilities of the State Board of Elementary
and Secondary Education with respect to such schools and programs.
(4)Provides that the superintendent of the Special School District, rather than the State
Board of Elementary and Secondary Education, is responsible for matters pertaining
to sabbatical, sick, personal, maternity, and military leave for teachers in the special
schools and programs.
(5)Provides that the state superintendent of education is the governing authority of the
Special School District.
(6)Provides that a teacher at the La. Schools for the Deaf and Visually Impaired may
attain tenure in the educational program, either the program for the hearing impaired
or for the visually impaired, for which the teacher is certified. A teacher at the La.
Special Education Center may attain tenure at the center, and a teacher in Special
School Programs may attain tenure in such programs.
(7)For purposes of sabbatical leave, La Schools for the Deaf and Visually Impaired, La.
Special Education Center, and Special School Programs are considered separate
schools.
(Amends R.S. 17:43, 46(A)(1)(b), (B), (D), (E)(1), (2)(d), and (4)(b) and (c), (G)(1)(a)(iii),
(I), (N)(2), (P), and (Q), 47(A), (B), and (D)(1)(a) and (6)(a), (b), (c), and (d), 48(A) and (B),
49(A) and (B), 348(A) and (B), and 1945 and R.S. 36:642(C)(1) and 648.1; Adds R.S.
17:46(A)(1)(c); Repeals R.S. 17:4.1, 348(D)and (E), and 1945(C)(4) and (5)) HLS 12RS-2183 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the
original bill.
1. Adds provisions regarding tenure for teachers being acquired in a specific
school or program and regarding special schools and Special School
Programs being considered separate schools for purposes of sabbatical leave.
2. Changes provision relative to the governing authority of the Special School
District to provide that the state superintendent of education is the governing
authority rather than the superintendent of the Special School District.