SLS 12RS-864 REENGROSSED
Page 1 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 494
BY SENATOR APPEL
SCHOOLS. Provides relative to teacher selection and the granting of extended sick leave
and sabbatical leave for teachers and other school employees. (gov sig)
AN ACT1
To amend and reenact R.S. 17:24.2, 46(F), 500.2(A)(1), (C)(2), and (E)(1), 1176(B),2
1202(A)(1), (C)(2), and (E)(1), and 1206.2(A)(1), (C)(2), and (E)(1), and to repeal3
Section 2 of Act No. 470 of the 2010 Regular Session of the Legislature, relative to4
elementary and secondary education; to provide with respect to school improvement;5
to provide for technical assistance to local public school systems; to provide relative6
to selection of certain teachers; to provide relative to extended sick leave for7
teachers, school bus operators, and other school employees; to provide relative to the8
duration of such leave, compensation during such leave, and conditions under which9
requests for such leave shall be granted; to remove provisions excepting school10
boards from complying with requirements with respect to extended sick leave during11
certain fiscal years; to provide relative to the granting of sabbatical leave by a city,12
parish, or other local public school board or by the governing authority of a state13
special school; to provide relative to the requirement that certain sabbatical leave14
requests be granted; to provide relative to exceptions to such requirement; to remove15
a specific limitation on the eligibility of certain school employees for sabbatical16
leave; to provide an effective date; and to provide for related matters.17 SB NO. 494
SLS 12RS-864 REENGROSSED
Page 2 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 17:24.2 is hereby amended and reenacted to read as follows: 2
§24.2. Department of Education; teacher selection; technical assistance3
The department, in connection with its program of educational accountability4
or otherwise, and consistent with the powers and duties of the superintendent as5
provided by R.S. 17:22, shall establish a program of technical assistance for parish6
and municipal school systems local public school systems to provide them with7
information and assistance in developing methods for the selection of highly8
effective teachers. The purpose of the program shall be to assist local school9
systems to develop standardized procedures and techniques to be used in screening10
applicants for teaching positions in order to assure employment of the best qualified11
teachers available. The program shall include, but not be limited to, information and12
instruction to local school personnel in the use of techniques to achieve this purpose,13
including but not limited to, interviews, review of resumes, testing of ability to teach14
and communicate and knowledge of the subject matter and any other methods found15
effective in achieving the purpose of the program.16
Section 2. R.S. 17:500.2(A)(1), (C)(2), and (E)(1), 1202(A)(1), (C)(2), and (E)(1),17
and 1206.2(A)(1), (C)(2), and (E)(1) are hereby amended and reenacted to read as follows:18
§500.2. School bus operators; extended sick leave19
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, every20
Every city, parish, and other local public school board shall may permit each school21
bus operator to take up to ninety forty-five days of extended sick leave in each six-22
year period of employment, which may be used for personal illness or illness of an23
immediate family member a medical necessity in the manner provided in this24
Subsection Section, at any time that the school bus operator has no remaining regular25
sick leave balance.26
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or27
other local public school board may but shall not be required to comply with the28
provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the29 SB NO. 494
SLS 12RS-864 REENGROSSED
Page 3 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
amount of the state and local base per pupil cost determination, as established in the1
minimum foundation program formula most recently approved by the legislature, is2
not an increase of at least two and seventy-five hundredths percent over the amount3
established for the previous fiscal year, and at the beginning of such fiscal year the4
school board has a fund balance deficit that exceeds five percent and an unrestricted5
fund balance of less than seven and one-half percent. However, the school board6
shall honor any approved leave that it approved prior to the date the minimum7
foundation program formula is approved by the legislature.8
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,9
in the case of a catastrophic illness or injury, a school board shall comply with the10
provisions of Subparagraph (a) of this Paragraph.11
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"12
means a life-threatening, chronic, or incapacitating condition affecting an employee13
or a member of an employee's immediate family, as verified by a licensed physician.14
* * *15
C.16
* * *17
(2) Any school bus operator on extended sick leave shall be paid sixty-five18
fifty percent of the salary paid to him at the time the extended sick leave begins.19
* * *20
E.(1)(a) On every occasion when that a school bus operator uses extended21
sick leave, a statement from a licensed physician certifying that the leave it is22
medically necessary a medical necessity for the school bus operator or that the23
immediate family member's illness is serious and requires the presence of the school24
bus operator to be absent for at least ten consecutive work days shall be presented25
prior to the extension of such leave.26
(b) For the purposes of this Paragraph, a "medical necessity" is the27
result of a catastrophic illness or injury, which means a life-threatening,28
chronic, or incapacitating condition of the school bus operator or a member of29 SB NO. 494
SLS 12RS-864 REENGROSSED
Page 4 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
his immediate family.1
* * *2
§1202. Teachers; extended sick leave3
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, every4
Every city, parish, and other local public school board shall may permit each teacher5
to take up to ninety forty-five days of extended sick leave in each six-year period of6
employment, which may be used for personal illness or illness of an immediate7
family member a medical necessity in the manner provided in this Subsection8
Section at any time that the teacher has no remaining regular sick leave balance.9
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or10
other local public school board may but shall not be required to comply with the11
provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the12
amount of the state and local base per pupil cost determination, as established in the13
minimum foundation program formula most recently approved by the legislature, is14
not an increase of at least two and seventy-five hundredths percent over the amount15
established for the previous fiscal year, and at the beginning of such fiscal year the16
school board has a fund balance deficit that exceeds five percent and an unrestricted17
fund balance of less than seven and one-half percent. However, the school board18
shall honor any approved leave that it approved prior to the date the minimum19
foundation program 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
C.28
* * *29 SB NO. 494
SLS 12RS-864 REENGROSSED
Page 5 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) Any teacher on extended sick leave shall be paid sixty-five fifty percent1
of the salary paid to him at the time the extended sick leave begins.2
* * *3
E.(1)(a) On every occasion when that a teacher uses extended sick leave, a4
statement from a licensed physician certifying that the leave it is medically necessary5
a medical necessity for the teacher or that the immediate family member's illness6
is serious and requires the presence of the teacher to be absent for ten consecutive7
work days shall be presented prior to the extension of such leave.8
(b) For the purposes of this Paragraph, a "medical necessity" is the9
result of a catastrophic illness or injury, which means a life-threatening,10
chronic, or incapacitating condition of the teacher or a member of his11
immediate family.12
(c) The physician statement required by this Paragraph may be presented and13
the extended sick leave may be requested subsequent to the teacher's return to14
service. In such a case, the extended leave shall be granted for all days for which15
such leave is requested and the required documentation is presented provided the16
leave is requested and the required documentation is presented within three days17
after the teacher returns to service.18
* * *19
§1206.2. Employees; extended sick leave20
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, every21
Every city, parish, and other local public school board shall may permit each22
employee, as defined in R.S. 17:1205, to take up to ninety forty-five days of23
extended sick leave in each six-year period of employment which may be used for24
personal illness or illness of an immediate family member a medical necessity in the25
manner provided in this Subsection Section at any time that the employee has no26
remaining regular sick leave balance.27
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or28
other local public school board may but shall not be required to comply with the29 SB NO. 494
SLS 12RS-864 REENGROSSED
Page 6 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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, and at the beginning of such fiscal year the5
school board has a fund balance deficit that exceeds five percent and an unrestricted6
fund balance of less than seven and one-half percent. However, the school board7
shall honor any approved leave that it approved prior to the date the minimum8
foundation program formula is approved by the legislature.9
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,10
in the case of a catastrophic illness or injury, a school board shall comply with the11
provisions of Subparagraph (a) of this Paragraph.12
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"13
means a life-threatening, chronic, or incapacitating condition affecting an employee14
or a member of an employee's immediate family, as verified by a licensed physician.15
* * *16
C.17
* * *18
(2) Any employee on extended sick leave shall be paid sixty-five fifty19
percent of the salary paid to him at the time the extended sick leave begins.20
* * *21
E.(1)(a) On every occasion when an employee uses extended sick leave, a22
statement from a licensed physician certifying that the leave it is medically necessary23
a medical necessity for the employee or that the immediate family member's illness24
is serious and requires the presence of the employee to be absent for at least ten25
consecutive work days shall be presented prior to the extension of such leave. 26
(b) For the purposes of this Paragraph, a "medical necessity" is the27
result of a catastrophic illness or injury, which means a life-threatening,28
chronic, or incapacitating condition of the employee or a member of his29 SB NO. 494
SLS 12RS-864 REENGROSSED
Page 7 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
immediate family.1
(c) The physician statement required by this Paragraph may be presented and2
the extended sick leave may be requested subsequent to the employee's return to3
service. In such a case, the extended leave shall be granted for all days for which4
such leave is requested and the required documentation is presented provided the5
leave is requested and the required documentation is presented within three days6
after the employee returns to service.7
* * *8
Section 3. R.S. 17:46(F) and 1176(B) are hereby amended and reenacted to read as9
follows: 10
§46. Sabbatical leave program11
* * *12
F.(1) Any applicant who, at the expiration of the semester in which he13
applies, is ineligible for the sabbatical leave requested or who has not complied with14
the provisions of Subsections A through D of this Section, shall have his application15
rejected, but all other applicants shall have their applications granted, except as16
provided in Paragraphs (2) and (3) of this Subsection, provided that all leaves17
requested in such applications could be taken without violating the following18
provision: At no time during the school year shall the number of persons on19
sabbatical leave exceed ten percent of the total number of teachers employed in the20
special school.21
(2) The governing authority of a special school may but shall not be22
required to comply with the provisions of Paragraph (1) of this Subsection that23
mandate the granting of certain leave applications during a fiscal year for which24
the amount of the state and local base per pupil cost determination for such25
fiscal year, as established in the minimum foundation program formula most26
recently approved by the legislature, is not an increase of at least two and27
seventy-five hundreths percent over the amount established for the previous28
fiscal year; however, the governing authority shall honor any leave that it29 SB NO. 494
SLS 12RS-864 REENGROSSED
Page 8 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
approved prior to the date the minimum foundation program formula is1
approved by the legislature.2
(3) Notwithstanding the provisions of Paragraph (2) of this Subsection,3
in the case of a catastrophic illness or injury, the board shall comply with the4
provisions of Paragraph (1) of this Subsection. For the purposes of this5
Paragraph, "catastrophic illness or injury" means a life-threatening, chronic,6
or incapacitating condition affecting an employee or a member of an employee's7
immediate family, as verified by a licensed physician.8
* * *9
§1176. Grounds for rejection of application10
* * *11
B. For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a A city, parish,12
or other local public school board may but shall not be required to grant leave13
applications pursuant to Subsection A of this Section during a fiscal year for which14
the amount of the state and local base per pupil cost determination, as established in15
the minimum foundation program formula most recently approved by the legislature,16
is not an increase of at least two and seventy-five hundredths percent over the17
amount established for the previous fiscal year , and at the beginning of such fiscal18
year the school board has a fund balance deficit that exceeds five percent and an19
unrestricted fund balance of less than seven and one-half percent. However, the20
school board shall honor any approved leave that it approved prior to the date the21
minimum foundation program formula is approved by the legislature.22
* * *23
Section 4. Section 2 of Act No. 470 of the 2010 Regular Session of the Legislature24
is hereby repealed in its entirety.25
Section 5. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28
vetoed by the governor and subsequently approved by the legislature, this Act shall become29 SB NO. 494
SLS 12RS-864 REENGROSSED
Page 9 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
effective on the day following such approval.1
The original instrument was prepared by Nancy Vicknair. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
Appel (SB 494)
Relative to the selection of teachers by local public school systems:
Present law requires the Dept. of Education to establish a program of technical assistance
for local school systems in order to provide information and assistance in developing
methods for selecting teachers. Further provides that the purpose of the program is to assist
local school systems to develop screening procedures and techniques to assure employment
of the best qualified teachers available. Requires the program to include information and
instruction to local school personnel in the use of such techniques.
Proposed law retains present law and specifies that the method for teacher selection should
focus on the selection of highly effective teachers.
Relative to extended sick leave for teachers, school bus operators, and other school
employees:
Present law requires local school boards to permit teachers, school bus operators, and other
school employees to take a maximum of 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 when the employee has no remaining regular sick leave balance. Provides
that while on extended sick leave, such employees shall be paid 65% of the salary paid to
them at the time extended sick leave begins. Requires a statement from a licensed physician
certifying that the leave is medically necessary for the employee or that an immediate family
member's illness is serious and requires the employee's presence.
Proposed law makes the following changes to present law with respect to teachers, school
bus operators, and other school employees:
1. Provides that local school boards may permit such employees to take extended sick
leave and reduces the maximum number of days which an employee may be allowed
for extended sick leave in each six-year period of employment from 90 days to 45
days.
2. Reduces the salary percentage paid during extended sick leave from 65% to 50%.
3. Instead of requiring that the leave is medically necessary for the employee or that the
immediate family member's illness is serious and requires the employee's presence,
requires that it is a medical necessity for the employee to be absent for at least 10
consecutive work days.
4. Defines a "medical necessity" as the result of a catastrophic illness or injury, which
means a life-threatening, chronic, or incapacitating condition of the employee or a
member of his immediate family.
Present law also provides, for FY 2011-2012 and FY 2012-2013, that a local school board
shall not be required to comply with present law relative to extended sick leave for teachers,
school bus operators, and other school employees during a fiscal year for which the amount
of the state and local base per pupil cost determination, as established in the most recent
minimum foundation program (MFP) formula, is not an increase of at least 2.75% over the SB NO. 494
SLS 12RS-864 REENGROSSED
Page 10 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
amount established for the previous fiscal year and the school board has a fund balance
deficit that exceeds 5% and an unrestricted fund balance of less than 7.5% at the beginning
of the fiscal year; however, 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.
Proposed law deletes present law.
Relative to sabbatical leave for teachers in state special schools and public schools:
Present law (R.S. 17:43) specifies that the term "special schools" includes all special schools
under the State Board of Elementary and Secondary Education (BESE), and Special School
District No. 1 and all the special schools comprising said district.
Present law (R.S. 17:46) provides relative to sabbatical leave for fully certified, tenured
teaching staff of the special schools. Specifies that the words "teacher" or "teaching staff"
shall include any social worker, guidance counselor, school nurse, audiologist, educational
diagnostician, speech-language pathologist, or school psychologist employed by a special
school who holds the appropriate valid professional ancillary certificate issued by the state
Dept. of Education. (Provides that for a school nurse, a professional ancillary certificate
means a Type A, B, or C certificate.)
Present law provides that sabbatical leave can be requested for the purpose of professional
or cultural improvement, or for the purpose of medical leave. Provides that sabbatical leave
may be requested for the two semesters immediately following any 12 or more consecutive
semesters of active service where the teacher is employed or for the one semester
immediately following any six or more consecutive semesters of service.
Proposed law retains present law.
Present law (R.S. 17:46(F)) requires that any applicant for a sabbatical who, at the expiration
of the semester in which he applied, is ineligible for the leave requested or who has not
complied with certain provisions of present law shall have the application rejected, but that
all other applicants shall have their applications granted, provided that all leaves requested
could be taken without violating the provision specifying that at no time during the school
year shall the number of persons on sabbatical leave exceed 10% of the total number of
teachers employed in the special school.
Relative to the mandatory granting of sabbatical leave to eligible applicants at state special
schools, proposed law provides instead that the school's governing authority may but shall
not be required to comply with the mandate 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
minimum foundation program (MFP) formula most recently approved by the legislature, is
not an increase of at least 2.75% over the amount established for the previous fiscal year.
Specifies, however, that the governing authority shall honor any leave that it approved prior
to the date the MFP formula is legislatively approved. Also specifies that the governing
authority shall comply with the mandate in the case of a catastrophic illness or injury and
defines these terms.
Present law (R.S. 17:1170) provides that for sabbatical leave purposes the words "teacher"
and "teaching staff" shall include any person employed by a local school board who holds
a valid teaching certificate issued by the state Dept. of Education and any social worker,
guidance counselor, school nurse, audiologist, educational diagnostician, speech-language
pathologist, or school psychologist employed by a local school board who holds the
appropriate valid professional ancillary certificate issued by the state Department of
Education. (Provides that for a school nurse, a professional ancillary certificate means a SB NO. 494
SLS 12RS-864 REENGROSSED
Page 11 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Type A, Type B, or Type C certificate.)
Present law (R.S. 17:1171) provides that sabbatical leave may be requested for the purpose
of professional or cultural improvement, or for the purpose of medical leave. Provides that
sabbatical leave may be requested for the two semesters immediately following any 12 or
more consecutive semesters of active service in the parish where the teacher is employed or
for the one semester immediately following any six or more consecutive semesters of
service.
Proposed law retains present law.
Present law (R.S. 17:1176(A)) requires that any applicant for a sabbatical who, at the
expiration of the semester in which he applied, is ineligible for the leave requested or who
has not complied with certain provisions of present law shall have the application rejected,
but that all other applicants shall have their applications granted (except as provided in R.S.
17:1176(B)), provided that all leaves requested could be taken without violating the
provision specifying 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 the school.
Proposed law retains these provisions.
Proposed law (R.S. 17:1176(B)) provides that for FY 2011-2012 and FY 2012-2013, a local
school board may but shall not be required to grant leave applications during a fiscal year
for which the amount of the state and local base per pupil cost determination, as established
in the MFP formula most recently approved by the legislature, is not an increase of at least
2.75% over the amount established for the previous fiscal year, and at the beginning of such
fiscal year the school board has a fund balance deficit that exceeds 5% and an unrestricted
fund balance of less than 7.5%; however, provides that the school board must honor any
leave that it approved prior to legislative approval of the MFP formula.
Proposed law retains present law except deletes restriction on its applicability to the two
specified fiscal years and deletes stipulations relative to school board fund balances.
Present law (R.S. 17:1176(C)) also specifies that a local school board must comply with the
leave mandate in the case of a catastrophic illness or injury and defines these terms.
Proposed law retains present law.
Present law (Section 2 of Act No. 470 of the 2010 R.S.) provides that school nurses, speech-
language pathologists, audiologists, and educational diagnosticians shall be eligible for leave
as provided in R.S. 17:46(A)(1)(b) and R.S. 17:1170 only in a fiscal year for which the
amount of the state and local base per pupil cost determination, as established in the MFP
formula most recently approved by the legislature, is increased at least 2.75% over the
amount established for the previous fiscal year.
Proposed law repeals present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:24.2, 46(F), 500.2(A)(1), (C)(2), and (E)(1), 1176(B), 1202(A)(1), (C)(2),
and (E)(1), and 1206.2(A)(1), (C)(2), and (E)(1); repeals Section 2 of Act No. 470 of the
2010 Regular Session) SB NO. 494
SLS 12RS-864 REENGROSSED
Page 12 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Removes mandate that local school boards grant extended sick leave to
teachers, school bus operators, and other school employees.
2. Reduces the amount of extended sick leave that may be granted to school
employees from 90 to 45 days.
3. Reduces the salary percentage paid during extended sick leave from 65% to
50%.
4. Provides that extended sick leave may only be used for a "medical necessity"
for the employee and defines such term. Deletes use of extended sick leave
for illness of an employee's family member.
5. Removes provisions limiting applicability of extended sick leave provisions
due to financial reasons rendered unnecessary by removal of the requirement
that school boards grant such leave.
6. Provides that local school boards and state special schools are not required
to grant requests for sabbatical leave in a fiscal year for which there is not at
least a 2.75% increase in the MFP formula, except in the case of catastrophic
illness or injury.
7. Deletes present law provisions stipulating that school nurses, speech-
language pathologists, audiologists, and educational diagnosticians are
eligible for sabbatical leave only in a fiscal year for which there is at least a
2.75% increase in the MFP formula.
Senate Floor Amendments to engrossed bill
1. Technical amendments.