Page 1 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 494
BY SENATOR APPEL
AN ACT1
To amend and reenact R.S. 17:24.2, 46(F), 500.2(A)(1) and (E)(1), 1176, 1202(A)(1) and2
(E)(1), and 1206.2(A)(1) and (E)(1), to enact R.S. 17:46(R), 500.2(F), 1176(D),3
1202(F), and 1206.2(F), and to repeal Section 2 of Act No. 470 of the 2010 Regular4
Session of the Legislature, relative to elementary and secondary education; to5
provide with respect to school improvement; to provide for technical assistance to6
local public school systems; to provide relative to selection of certain teachers; to7
provide relative to extended sick leave for teachers, school bus operators, and other8
school employees; to provide relative to the conditions under which requests for such9
leave shall be granted; to remove provisions excepting school boards from10
complying with requirements with respect to extended sick leave during certain11
fiscal years; to require city, parish, and other local public school boards to develop12
and implement sick leave banks for school employees; to require city, parish, and13
other local public school boards to report certain information to the state Department14
of Education relative to extended sick leave granted to school employees; to provide15
that the local superintendent shall make all decisions relative to the granting of sick16
and sabbatical leave; to provide relative to the granting of sabbatical leave by a city,17
parish, or other local public school board or by the governing authority of a state18
special school; to provide relative to the requirement that certain sabbatical leave19
requests be granted; to provide relative to exceptions to such requirement; to remove20
a specific limitation on the eligibility of certain school employees for sabbatical21
leave; to provide an effective date; and to provide for related matters.22
Be it enacted by the Legislature of Louisiana:23
Section 1. R.S. 17:24.2 is hereby amended and reenacted to read as follows:24
§24.2. Department of Education; teacher selection; technical assistance25
The department, in connection with its program of educational accountability26
or otherwise, and consistent with the powers and duties of the superintendent as27
ACT No. 788 SB NO. 494 ENROLLED
Page 2 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
provided by R.S. 17:22, shall establish a program of technical assistance for parish1
and municipal school systems local public school systems to provide them with2
information and assistance in developing methods for the selection of highly3
effective teachers. The purpose of the program shall be to assist local school4
systems to develop standardized procedures and techniques to be used in screening5
applicants for teaching positions in order to assure employment of the best qualified6
teachers available. The program shall include, but not be limited to, information and7
instruction to local school personnel in the use of techniques to achieve this purpose,8
including but not limited to, interviews, review of resumes, testing of ability to teach9
and communicate and knowledge of the subject matter and any other methods found10
effective in achieving the purpose of the program.11
Section 2. R.S. 17:500.2(A)(1) and (E)(1), 1202(A)(1) and (E)(1), and 1206.2(A)(1)12
and (E)(1) are hereby amended and reenacted and R.S. 17:500.2(F), 1202(F), and 1206.2(F)13
are hereby enacted to read as follows:14
§500.2. School bus operators; extended sick leave15
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, every16
Every city, parish, and other local public school board shall permit each school bus17
operator to take up to ninety days of extended sick leave in each six-year period of18
employment, which may be used for personal illness or illness of an immediate19
family member a medical necessity in the manner provided in this Subsection20
Section, at any time that the school bus operator has no remaining regular sick leave21
balance.22
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or23
other local public school board may but shall not be required to comply with the24
provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the25
amount of the state and local base per pupil cost determination, as established in the26
minimum foundation program formula most recently approved by the legislature, is27
not an increase of at least two and seventy-five hundredths percent over the amount28
established for the previous fiscal year, and at the beginning of such fiscal year the29
school board has a fund balance deficit that exceeds five percent and an unrestricted30 SB NO. 494 ENROLLED
Page 3 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
fund balance of less than seven and one-half percent. However, the school board1
shall honor any approved leave that it approved prior to the date the minimum2
foundation program formula is approved by the legislature.3
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,4
in the case of a catastrophic illness or injury, a school board shall comply with the5
provisions of Subparagraph (a) of this Paragraph.6
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"7
means a life-threatening, chronic, or incapacitating condition affecting an employee8
or a member of an employee's immediate family, as verified by a licensed physician.9
* * *10
E.(1)(a) On every occasion when that a school bus operator uses extended11
sick leave, a statement from a licensed physician certifying that the leave it is12
medically necessary a medical necessity for the school bus operator or that the13
immediate family member's illness is serious and requires the presence of the school14
bus operator to be absent for at least ten consecutive work days shall be presented15
prior to the extension of such leave.16
(b) For the purposes of this Paragraph, a "medical necessity" is the17
result of a catastrophic illness or injury, which means a life-threatening,18
chronic, or incapacitating condition of the school bus operator or a member of19
his immediate family.20
* * *21
F. Each city, parish, and other local public school board shall develop22
and implement a sick leave bank policy to allow for the donation of sick leave23
among school bus operators.24
F. Each city, parish, and other local public school board annually shall25
submit a report to the state Department of Education on the number of leave26
requests granted each year pursuant to this Section, the number of leave27
requests denied, and the reason or reasons for such denials.28
F. Notwithstanding any other provision of law to the contrary, all29
decisions relative to the granting of leave pursuant to this Section shall be made30 SB NO. 494 ENROLLED
Page 4 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
by the superintendent of the local public school system.1
§1202. Teachers; extended sick leave2
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, every3
Every city, parish, and other local public school board shall permit:4
(a) each Each teacher to take up to ninety days of extended sick leave in each5
six-year period of employment, which may be used for personal illness or illness of6
an immediate family member a medical necessity in the manner provided in this7
Subsection Section at any time that the teacher has no remaining regular sick leave8
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. Each teacher granted20
maternity leave in accordance with the provisions of R.S. 17:48 or 1211 and who21
has no remaining sick leave balance available to take in the manner provided22
in this Section up to thirty days of extended sick leave in each six-year period23
of employment for personal illness related to the purpose for which the24
maternity leave was granted.25
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,26
in the case of a catastrophic illness or injury, a school board shall comply with the27
provisions of Subparagraph (a) of this Paragraph.28
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"29
means a life-threatening, chronic, or incapacitating condition affecting an employee30 SB NO. 494 ENROLLED
Page 5 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
or a member of an employee's immediate family, as verified by a licensed physician.1
* * *2
E.(1)(a) On every occasion when that a teacher uses extended sick leave, a3
statement from a licensed physician certifying that the leave it is for personal illness4
related to the purpose for which maternity leave was granted or it is medically5
necessary a medical necessity for the teacher or that the immediate family member's6
illness is serious and requires the presence of the teacher to be absent for ten7
consecutive 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
F. Each city, parish, and other local public school board shall develop20
and implement a sick leave bank policy to allow for the donation of sick leave21
among teachers.22
F. Each city, parish, and other local public school board annually shall23
submit a report to the state Department of Education on the number of leave24
requests granted each year pursuant to this Section, the number of leave25
requests denied, and the reason or reasons for such denials.26
F. Notwithstanding any other provision of law to the contrary, all27
decisions relative to the granting of leave pursuant to this Section shall be made28
by the superintendent of the local public school system.29
§1206.2. Employees; extended sick leave30 SB NO. 494 ENROLLED
Page 6 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, every1
Every city, parish, and other local public school board shall permit each employee,2
as defined in R.S. 17:1205, to take up to ninety days of extended sick leave in each3
six-year period of employment which may be used for personal illness or illness of4
an immediate family member a medical necessity in the manner provided in this5
Subsection Section at any time that the employee has no remaining regular sick6
leave balance.7
(b) For Fiscal Year 2011-2012 and Fiscal Year 2012-2013, a city, parish, or8
other local public school board may but shall not be required to comply with the9
provisions of Subparagraph (a) of this Paragraph during a fiscal year for which the10
amount of the state and local base per pupil cost determination, as established in the11
minimum foundation program formula most recently approved by the legislature, is12
not an increase of at least two and seventy-five hundredths percent over the amount13
established for the previous fiscal year, and at the beginning of such fiscal year the14
school board has a fund balance deficit that exceeds five percent and an unrestricted15
fund balance of less than seven and one-half percent. However, the school board16
shall honor any approved leave that it approved prior to the date the minimum17
foundation program formula is approved by the legislature.18
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph,19
in the case of a catastrophic illness or injury, a school board shall comply with the20
provisions of Subparagraph (a) of this Paragraph.21
(ii) For the purposes of this Subparagraph, "catastrophic illness or injury"22
means a life-threatening, chronic, or incapacitating condition affecting an employee23
or a member of an employee's immediate family, as verified by a licensed physician.24
* * *25
E.(1)(a) On every occasion when an employee uses extended sick leave, a26
statement from a licensed physician certifying that the leave it is medically necessary27
a medical necessity for the employee or that the immediate family member's illness28
is serious and requires the presence of the employee to be absent for at least ten29
consecutive work days shall be presented prior to the extension of such leave.30 SB NO. 494 ENROLLED
Page 7 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(b) For the purposes of this Paragraph, a "medical necessity" is the1
result of a catastrophic illness or injury, which means a life-threatening,2
chronic, or incapacitating condition of the employee or a member of his3
immediate family.4
(c) The physician statement required by this Paragraph may be presented and5
the extended sick leave may be requested subsequent to the employee's return to6
service. In such a case, the extended leave shall be granted for all days for which7
such leave is requested and the required documentation is presented provided the8
leave is requested and the required documentation is presented within three days9
after the employee returns to service.10
* * *11
F. Each city, parish, and other local public school board shall develop12
and implement a sick leave bank policy to allow for the donation of sick leave13
among employees.14
F. Each city, parish, and other local public school board annually shall15
submit a report to the state Department of Education on the number of leave16
requests granted each year pursuant to this Section, the number of leave17
requests denied, and the reason or reasons for such denials.18
F. Notwithstanding any other provision of law to the contrary, all19
decisions relative to the granting of leave pursuant to this Section shall be made20
by the superintendent of the local public school system.21
Section 3. R.S. 17:46(F) and 1176 are hereby amended and reenacted and R.S.22
17:46(R) and 1176(D) are hereby enacted to read as follows:23
§46. Sabbatical leave program24
* * *25
F. Any applicant who, at the expiration of the semester in which he applies,26
is ineligible for the sabbatical leave requested or who has not complied with the27
provisions of Subsections A through D of this Section, shall have his application28
rejected, but all other applicants shall may have their applications granted, provided29
that all leaves requested in such applications could be taken without violating the30 SB NO. 494 ENROLLED
Page 8 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
following provision: At no time during the school year shall the number of persons1
on sabbatical leave exceed ten percent of the total number of teachers employed in2
the special school.3
* * *4
R. Notwithstanding any other provision of law to the contrary, all5
decisions relative to the granting of leave pursuant to this Section shall be made6
by the superintendent of the local public school system.7
* * *8
§1176. Grounds for rejection of application9
A. Any applicant who, at the expiration of the semester in which he applies,10
is ineligible for the sabbatical leave requested or who has not complied with the11
provisions of R.S. 17:1172 through 1174, shall have his or her application rejected,12
but all other applicants shall may have their applications granted, except as provided13
in Subsection B of this Section, provided that all leaves requested in such14
applications could be taken without violating the following provision: At no time15
during the school year shall the number of persons on sabbatical leave exceed five16
percent of the total number of teachers employed in a given parish. school system.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 grant leave19
applications pursuant to Subsection A of this Section during a fiscal year for which20
the amount of the state and local base per pupil cost determination, as established in21
the minimum foundation program formula most recently approved by the legislature,22
is not an increase of at least two and seventy-five hundredths percent over the23
amount established for the previous fiscal year, and at the beginning of such fiscal24
year the school board has a fund balance deficit that exceeds five percent and an25
unrestricted fund balance of less than seven and one-half percent. However, the26
school board shall honor any approved leave that it approved prior to the date the27
minimum foundation program formula is approved by the legislature.28
C.(1) Notwithstanding the provisions of Subsection B of this Section, in the29
case of a catastrophic illness or injury, a school board shall comply with the30 SB NO. 494 ENROLLED
Page 9 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
provisions of Subsection A of this Section.1
(2) For the purposes of this Subsection, "catastrophic illness or injury"2
means a life-threatening, chronic, or incapacitating condition affecting an employee3
or a member of an employee's immediate family, as verified by a licensed physician.4
D. Notwithstanding any other provision of law to the contrary, all5
decisions relative to the granting of leave pursuant to this Section shall be made6
by the superintendent of the local public school system.7
Section 4. Section 2 of Act No. 470 of the 2010 Regular Session of the Legislature8
is hereby repealed in its entirety.9
Section 5. The provisions of this Act shall not apply to any leave request properly10
submitted prior to the effective date of the Act.11
Section 6. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: