ENROLLED
Page 1 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 441
Regular Session, 2012
HOUSE BILL NO. 1173
BY REPRESENTATIVE CARTER
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
teachers in the public elementary and secondary schools in the interest of statewide23
uniformity of administration of teacher welfare benefits, including but not limited24
to the benefits enumerated in this Part.25 ENROLLEDHB NO. 1173
Page 2 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B.(1) As used in this Part "special schools" includes all special schools under1
the State Board of Elementary and Secondary Education, and Special School District2
Number One and all the special schools comprising said district Louisiana special3
schools and all schools or educational programs in Special School Programs operated4
by the Louisiana Department of Education through the Special School District.5
(2) Teachers at the Louisiana Schools for the Deaf and Visually Impaired6
may attain tenure in the educational program, either the educational program for the7
hearing impaired or the educational program for the visually impaired, for which8
they are certified. Teachers at the Louisiana Special Education Center may attain9
tenure at the Louisiana Special Education Center. Teachers in Special School10
Programs may attain tenure in Special School Programs.11
* * *12
§46. Sabbatical leave program13
A.(1)14
* * *15
(b) As used in this Subpart, the words "teacher" or "teaching staff" shall16
include any social worker, guidance counselor, school nurse, audiologist, educational17
diagnostician, speech-language pathologist, or school psychologist employed by a18
special school who holds the appropriate valid professional ancillary certificate19
issued by the state Department of Education and who has served in the Special20
School District for the number of years required for probationary teachers to attain21
tenure. For a school nurse, a professional ancillary certificate means a Type A, Type22
B, or Type C certificate.23
(c) For purposes of this Subpart, Louisiana Schools for the Deaf and Visually24
Impaired, Louisiana Special Education Center, and Special School Programs are25
considered separate schools.26
B. Applications for sabbatical leave shall be made on a form to be provided27
by the superintendent of the special school where the teacher is employed Special28
School District. Applications shall be sent to the superintendent of the Special29
School District by registered or certified mail at least sixty days preceding the30 ENROLLEDHB NO. 1173
Page 3 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
beginning of the semester of the school year for which leave is requested, except1
that, where a teacher has become sick during a semester and requests medical leave2
for the purpose of recuperating from such sickness, it shall be sufficient if the3
application is mailed thirty days before the date upon which the requested leave is4
to commence.5
* * *6
D. Every applicant shall be notified by the superintendent of the special7
school Special School District in writing within sixty days after the final day for the8
filing of the application whether the application has been granted by the board or9
rejected; where the application is for medical leave from sickness the superintendent10
shall notify the applicant within thirty days from the date of the filing of the11
application whether the application has been granted or rejected or if further medical12
examination, as permitted by this Section, is required. If the application has been13
rejected, the reasons for such rejection shall be specified.14
E.(1) No person whose application for sabbatical leave has been granted15
shall be denied such leave except as otherwise provided in this Section.16
(2)17
* * *18
(d) The semesters spent in active service in the parish system special school19
from which leave is requested.20
* * *21
(4)22
* * *23
(b)(i) If the superintendent board, upon review of the application, questions24
the validity or accuracy of the certification, the board he may require the applicant,25
as a condition for continued consideration of the application, to be examined by a26
licensed physician selected by the board superintendent. In such a case, the board27
special school employing the applicant shall pay all costs of the examination and any28
tests determined to be necessary. If the physician selected by the superintendent29
board finds medical necessity, the leave application shall be granted.30 ENROLLEDHB NO. 1173
Page 4 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(ii) If the physician selected by the board superintendent disagrees with the1
certification of the physician selected by the applicant, then the special school2
employing the applicant board may require the applicant, as a condition for3
continued consideration of the application, to be examined by a third licensed4
appropriate physician whose name appears next in the rotation of physicians on a list5
established by the local medical society for such purpose and maintained by the6
school board. All costs of an examination and any required tests by a third doctor7
shall be paid by the board special school employing the applicant. The opinion of8
the third physician shall be determinative of the issue.9
(c) The opinion of all physicians consulted as provided in this Paragraph10
shall be submitted to the board superintendent in the form of a sworn statement, as11
referenced in R.S. 14:125.12
* * *13
G.(1)(a) Every person on medical leave is prohibited from undertaking any14
gainful employment during such leave unless all of the following conditions are met:15
* * *16
(iii) The board superintendent of the Special School District authorizes such17
part-time work.18
* * *19
I. Any person who fails to comply with the provisions of Subsections G and20
H of this Section may have his leave terminated by the superintendent of the Special21
School District at any time, except where noncompliance is due to conditions which22
would have constituted sufficient grounds for failing to perform his duties had he23
been in active service.24
* * *25
N.26
* * *27 ENROLLEDHB NO. 1173
Page 5 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) The superintendent of the Special School District board may grant such1
additional leave or compensation as it he may establish and fix in the best interest of2
the special school.3
* * *4
P. The board superintendent of the Special School District may grant leaves5
of absence, without pay, for periods not exceeding one year, to any regularly6
employed teacher or other employee, who requests such leave in writing, whenever7
in the discretion of the board superintendent such leave is in the best interests of the8
special school. The granting of such leaves shall not affect any tenure rights which9
the applicant may have acquired prior thereto.10
Q. Each person granted sabbatical leave shall sign an agreement or contract11
with the board superintendent of the Special School District stipulating that, as a12
condition of his sabbatical leave and in order to be eligible for compensation during13
such leave, he will return to service for one semester for each semester of leave14
following the expiration of his leave in the special school granting the leave. Should15
a person taking sabbatical leave fail to return to service in the special school granting16
leave or for one semester for each semester of leave following the expiration of such17
leave for any reason other than incapacitating illness as certified by two physicians,18
that person shall forfeit all compensation received during the leave period, provided19
however, the board superintendent may waive the provisions of this Section in20
accordance with the prepublished criteria if it he deems to be in the best interest of21
the special school to do so. No such waiver shall favor or discriminate against any22
employee or applicant because of his job description, age, race, or sex.23
§47. Sick and personal leave24
A.(1) All teachers and superintendents employed by the special schools of25
this state shall be entitled to and shall be allowed a minimum of ten days absence per26
school year because of personal illness or because of other emergencies, without loss27
of pay. Such sick leave when not used in any year shall be accumulated to the credit28
of the teacher or superintendent without limitation. Provided that when a teacher is29
absent for six or more consecutive days because of personal illness, he shall be30 ENROLLEDHB NO. 1173
Page 6 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
required to present a certificate from a physician certifying such illness; provided,1
further that the board superintendent of the Special School District is authorized to2
adopt such rules and regulations as are necessary relative to the use of such sick3
leave, either current or accumulated, for emergencies. The board superintendent may4
grant additional sick leave, without loss of pay, or with such reduction of pay as it5
he may establish and fix.6
(2) The minimum of ten days of sick leave provided in this Subsection shall7
be allowed based on a teacher and superintendent beginning work at the beginning8
of a school year. In the case of a teacher or superintendent who begins work in the9
first month of a school year, ten days shall be allowed; in the case of a teacher or10
superintendent who begins work in the second month of a school year, nine days11
shall be allowed; in the case of a teacher or superintendent who begins work in the12
third month of a school year, eight days shall be allowed; in the case of a teacher or13
superintendent who begins work in the fourth month of a school year, seven days14
shall be allowed; in the case of a teacher or superintendent who begins work in the15
fifth month of a school year, six days shall be allowed; in the case of a teacher or16
superintendent who begins work in the sixth month of a school year, five days shall17
be allowed; in the case of a teacher or superintendent who begins work in the seventh18
month of a school year, four days shall be allowed; and, in the case of a teacher or19
superintendent who begins work in the eighth month or thereafter of a school year,20
three days shall be allowed.21
B. Upon the retirement of any teacher or superintendent from a special22
school or upon his death prior to retirement, the board shall pay to such teacher or23
superintendent or to his heirs or assigns, shall be paid for sick leave which has24
accrued to such teacher or superintendent but which remains unused at the time of25
his retirement or at the time of his death if prior to retirement, not to exceed twenty-26
five days of such unused sick leave. Such pay shall be at the rate of pay received by27
the teacher or superintendent at the time of retirement or death prior to retirement;28 ENROLLEDHB NO. 1173
Page 7 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
provided that the board may pay such unused sick leave beyond twenty-five days1
may be paid at its the discretion of the superintendent of the Special School District.2
* * *3
D.(1)(a) The superintendent of the Special School District board shall permit4
each teacher to take up to ninety days of extended sick leave in each six-year period5
of employment which may be used for personal illness or illness of an immediate6
family member in the manner provided in this Subsection at any time that the teacher7
has no remaining regular sick leave balance.8
* * *9
(6)(a) If the board superintendent, upon review of the application, questions10
the validity or accuracy of the certification, the employer may require the teacher or11
the immediate family member, as a condition for continued extended leave, to be12
examined by a licensed physician selected by the employer . In such a case, the13
employer shall pay all costs of the examination and any tests determined to be14
necessary. If the physician selected by the employer finds medical necessity, the15
leave shall be granted.16
(b) If the physician selected by the public school employer disagrees with17
the certification of the physician selected by the teacher or the immediate family18
member, then the employer may require the teacher or immediate family member,19
as a condition for continued extension of sick leave, to be examined by a third20
licensed appropriate physician whose name appears next in the rotation of physicians21
on a list established by the local medical society for such purpose and maintained by22
the board. All costs of an examination and any required tests by a third doctor shall23
be paid by the employer. The opinion of the third physician shall be determinative24
of the issue.25
(c) The opinion of all physicians consulted as provided in this Paragraph26
shall be submitted to the board superintendent in the form of a sworn statement27
which shall be subject to the provisions of R.S. 14:125.28 ENROLLEDHB NO. 1173
Page 8 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(d)(i) In addition to the authority provided in Subsection A of this Section,1
special schools the board shall adopt a policy providing for employees suffering from2
catastrophic and long-term illness.3
(ii) The superintendent The board may, as part of a collective bargaining4
agreement, or by its own policy provide additional compensation or extended leave5
days in excess of what is required in this Section.6
* * *7
§48. Maternity leave 8
A. The board superintendent of the Special School District shall grant leaves9
of absence to regularly employed women teachers for a reasonable time before and10
after childbirth. The granting of such leaves shall not affect any of the tenure rights11
which the teacher may have acquired prior thereto under the provisions of Subpart12
C of this Part. 13
B. The position vacated by a teacher who has been granted a maternity leave,14
or by a teacher transferred to the position vacated by a teacher taking a maternity15
leave, in accordance, may be filled by the board by the appointment of substitute16
teachers. 17
* * *18
§49. Military leave 19
A. The board superintendent of the Special School District shall grant leaves20
of absence to regularly employed teachers serving in the military service or in the21
armed forces of the United States for a period dating from induction, enlistment,22
enrollment, or call to service. The granting of such leaves shall not affect any of the23
tenure rights which the teacher may have acquired prior thereto under the provisions24
of Subpart C of this Part. 25
B. The position vacated by a teacher who has been granted a military leave,26
or by a teacher transferred to the position vacated by a teacher granted a military27
leave, in accordance with Subsection A of this Section may be filled by the board by28
the appointment of substitute teachers.29
* * *30 ENROLLEDHB NO. 1173
Page 9 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§348. Louisiana State School Schools for the Deaf; Louisiana School for the and1
Visually Impaired; Louisiana Special Education Center; year-round2
operation; continuing service3
A. The Louisiana Schools State School for the Deaf, the Louisiana School4
for the and Visually Impaired and the Louisiana Special Education Center, and the5
Cerebral Palsy Center at Monroe may convert to operate year-round operation under6
the provisions of this Subpart, subject to the approval of the State Board of7
Elementary and Secondary Education superintendent of the Special School District8
and subject to the availability of funds.9
B. Special educational services at the Louisiana Special Education Center10
and the Cerebral Palsy Center may be continued to be provided until the thirty-11
second birthday for individuals with severe physically handicapping conditions who12
are receiving work skill training and who have not reached employable proficiency13
by their twenty-second birthday, subject to the approval of the superintendent of the14
Special School District State Board of Elementary and Secondary Education and15
subject to the availability of funds.16
* * *17
§1945. Special schools and school districts18
A. The Special School District shall be considered an educational service19
agency administered by the Department of Education, subject to the limitations of20
such units which shall include no authority to levy tax. The Special School District21
shall have the responsibility and authority to create and fill positions to serve the22
students in the district subject to the availability of funds.23
(1) The state superintendent of education shall be the governing authority for24
Special School District.25
(2) The Special School District includes:26
(a) Louisiana special schools.27
(b) Special School Programs.28 ENROLLEDHB NO. 1173
Page 10 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) The services of the Special School District shall be available to all1
eligible students as described in this Section, regardless of their place of residence2
within the state.3
B.(1) The State Board of Elementary and Secondary Education shall have4
jurisdiction and exercise supervision and control over the state's special schools for5
the blind, deaf, and orthopedically impaired. The Louisiana School Schools for the6
Deaf, the Louisiana School for the and Visually Impaired, and the Louisiana Special7
Education Center, hereinafter in this Section referred to as Board Louisiana Special8
Schools, are residential schools established to provide such academic, vocational,9
and other related services as may be required.10
B.(1) (2) The Board Louisiana Special Schools shall establish an annual11
enrollment deadline for admission to each of the respective schools. After a school's12
deadline, any other children with hearing, visual, or orthopedic impairments may13
enroll at the request of their parents, guardians, appointed custodians, or other legal14
surrogates if the school, as applicable, determines that there are sufficient resources15
to meet the needs of these children as well as the needs of the children enrolled prior16
to the enrollment deadline.17
(2) (3) The Board Louisiana Special Schools may share services and18
functions, including but not limited to fiscal, human resources, maintenance,19
security, physical plant, food, transportation, admissions, diagnostics, and health20
services, to the extent that sharing such services and functions is not in conflict with21
federal laws and rules applicable to the education of students with exceptionalities.22
C.(1) A special school Special School Programs district shall be established23
to provide: 24
(a) special Special education and related services to any eligible student with25
exceptionalities who is enrolled in any state-operated facility that provides only a26
general education program. as a resident of the facility and to provide 27
(b) appropriate Appropriate educational services to any eligible student in a28
state-operated facility that does not provide an educational program. enrolled in any29
state-operated health facility.30 ENROLLEDHB NO. 1173
Page 11 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) Special School Programs may provide appropriate educational services1
at facilities where public agencies place students who are in the care or custody of2
the public agency or students whose education is the responsibility of the public3
agency.4
(3) Special School Programs may provide the services authorized in this5
Section to students until their twenty-fifth birthday and may provide the services6
authorized in this Section to students regardless of age, pursuant to an agreement7
between Special School Programs and the facility or the public agency that placed8
the student.9
(2) The special school district shall be considered an education service10
agency administered by the Department of Education, with the approval of the State11
Board of Elementary and Secondary Education, subject to the limitations of such12
units which shall include no authority to levy tax.13
(3) The services of the special school district shall be available to all eligible14
students herein described, regardless of their place of residence within the state.15
(4) The special school district may enter into interagency agreements with16
other state agencies to provide appropriate educational services to any eligible17
student who is not a resident of a state-operated facility but who is in the care or18
custody of a public or private department, agency, or institution.19
(5) The special school district may enter into interagency agreements with20
other state agencies to provide appropriate educational services to any eligible21
student regardless of age who is enrolled in any state-operated facility as a resident22
of the facility.23
Section 2. R.S. 36:642(C)(1) and 648.1 are hereby amended and reenacted to read24
as follows:25
§642. Department of Education; creation; domicile; composition; purposes and26
functions27
* * *28
C.(1) The Department of Education shall be composed of the executive29
office of the superintendent, the office of management and finance, the office of30 ENROLLEDHB NO. 1173
Page 12 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
literacy, the office of science, technology, engineering, and mathematics, the office1
of college and career readiness, the office of departmental support, the office of2
innovation, special school district number one the Special School District, and such3
other offices as shall be created by law.4
* * *5
§648.1. Special school district; number one; administration6
A. Special school district number one The Special School District shall be7
under the administration and supervision of a state director superintendent of the8
Special School District who shall be appointed by the state superintendent of9
education, subject to confirmation by the Senate.10
B. The salary of the state director superintendent of special school district11
number one the Special School District shall be fixed by the state superintendent and12
shall not exceed the amount approved for such position by the legislature while in13
session.14
C. The state director of special school district number one superintendent of15
the Special School District shall exercise his duties and functions under the direct16
supervision and control of the state superintendent of education.17
Section 3. R.S. 17:4.1, 348(D) and (E), and 1945(C)(4) and (5) are hereby repealed18
in their entirety.19
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: