HLS 19RS-596 ORIGINAL
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 45
BY REPRESENTATIVE HOFFMANN
CORRECTIONAL FACILITIES: Requests the Dept. of Public Safety and Corrections to
study laws and policies relative to benefits, including sick leave, for teachers at
facilities under the jurisdiction of the office of juvenile justice who are injured or
disabled as a result of assault or battery while acting in their official capacity
1 A CONCURRENT RESOL UTION
2To urge and request the Department of Public Safety and Corrections to study laws and
3 policies relative to benefits, including sick leave, for teachers at facilities under the
4 jurisdiction of the office of juvenile justice who are injured or disabled as a result of
5 assault or battery while acting in their official capacity and to submit a written report
6 of findings and conclusions, including any recommendations for related legislation,
7 to the House Committee on the Administration of Criminal Justice and the Senate
8 Committee on Judiciary C not later than sixty days prior to the beginning of the 2020
9 Regular Session of the Legislature.
10 WHEREAS, Louisiana law grants the Department of Public Safety and Corrections,
11office of juvenile justice (OJJ) full control of all juvenile institutions, facilities, and programs
12under its administration and tasks OJJ with ensuring that all children in OJJ institutions,
13facilities, and programs receive appropriate education; and
14 WHEREAS, some citizens have expressed concern that there are inconsistencies in
15terms of how under some circumstances, teachers at OJJ facilities are subject to the same
16requirements and eligible for the same benefits as teachers who are employed by public
17school boards but under other circumstances, they are subject to different requirements and
18eligible for different benefits; one example of this is sick leave for teachers injured or
19disabled while acting in their official capacity as a result of assault or battery by any student
20or person; and
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HCR NO. 45
1 WHEREAS, Louisiana law provides that any member of the teaching staff of a
2public school who is injured or disabled while acting in his official capacity as a result of
3assault or battery by any student or person shall receive sick leave without reduction in pay
4and without reduction in accrued sick leave days while disabled as a result of such assault
5or battery; in the definition of "teaching staff" for these purposes, the law limits the term to
6those employed by a city, parish, or other local public school board, which has caused some
7confusion relative to teachers at OJJ facilities who are injured or disabled on the job under
8these circumstances; and
9 WHEREAS, adding to this confusion is the fact that students in OJJ facilities are
10treated in many ways like students in public schools under the jurisdiction of public school
11boards; for example, school-age children in the custody of OJJ and any alternative school
12located in a secure care facility under OJJ's jurisdiction are included by the State Board of
13Elementary and Secondary Education (BESE) in the formula used to determine the cost of
14a minimum foundation program of education in all public elementary and secondary schools
15in the state; and
16 WHEREAS, there is a need for clarification as to under what circumstances teachers
17in OJJ facilities are treated like teachers in traditional public school settings and under what
18circumstances their treatment differs from teachers in such settings, particularly with respect
19to OJJ teachers who are injured or disabled on the job.
20 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
21urge and request the Department of Public Safety and Corrections to study laws and policies
22relative to benefits, including sick leave, for teachers at facilities under the jurisdiction of
23the office of juvenile justice who are injured or disabled as a result of assault or battery while
24acting in their official capacity and to submit a written report of its findings and conclusions,
25including any recommendations for related legislation, to the House Committee on the
26Administration of Criminal Justice and the Senate Committee on Judiciary C not later than
27sixty days prior to the beginning of the 2020 Regular Session of the Legislature.
28 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
29secretary of the Department of Public Safety and Corrections.
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HCR NO. 45
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)]
HCR 45 Original 2019 Regular Session Hoffmann
Requests that the Dept. of Public Safety and Corrections study laws and policies relative to
benefits, including sick leave, for teachers at facilities under the jurisdiction of the office of
juvenile justice who are injured or disabled as a result of assault or battery while acting in
their official capacity and submit a written report of findings and conclusions, including any
recommendations for related legislation, to the House Committee on the Administration of
Criminal Justice and the Senate Committee on Judiciary C not later than 60 days prior to the
beginning of the 2020 R.S.
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