Louisiana 2024 3rd Special Session

Louisiana House Bill HB5 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 8
2024 Third Extraordinary Session
HOUSE BILL NO. 5
BY REPRESENTATIVE BACALA AND SENATOR EDMONDS AND
REPRESENTATIVES ADAMS, AMEDEE, BAGLEY, BAMBURG, BAYHAM,
BEAULLIEU, BERAULT, BILLINGS, BOURRIAQUE, BOYD, BOYER, BRASS,
BRAUD, BROWN, BRYANT, BUTLER, CARLSON, CARRIER, WILFORD
CARTER, CARVER, CHASSION, CHENEVERT, COATES, COX, CREWS,
DAVIS, DEVILLIER, DEWITT, DICKERSON, DOMANGUE, ECHOLS,
EDMONSTON, EGAN, EMERSON, FARNUM, FIRMENT, FISHER,
FONTENOT, FREIBERG, GADBERRY, GLORIOSO, GREEN, HEBERT,
HENRY, HILFERTY, HORTON, ILLG, JACKSON, MIKE JOHNSON, TRAVIS
JOHNSON, KERNER, KNOX, LACOMBE, LAFLEUR, JACOB LANDRY,
LARVADAIN, LYONS, MACK, MARCELLE, MCFARLAND, MCMAHEN,
MCMAKIN, MELERINE, MENA, MILLER, MUSCARELLO, MYERS, OWEN,
RISER, ROMERO, SCHAMERHORN, SCHLEGEL, SELDERS, ST. BLANC,
TAYLOR, THOMAS, THOMPSON, TURNER, VENTRELLA, VILLIO,
WALTERS, WILDER, WILEY, WILLARD, WYBLE, AND YOUNG AND
SENATORS ABRAHAM, ALLAIN, BARROW, BASS, BOUDREAUX, BOUIE,
CARTER, CATHEY, CLOUD, CONNICK, COUSSAN, DUPLESSIS, FESI,
FIELDS, FOIL, HARRIS, HENRY, HENSGENS, HODGES, JACKSON-
ANDREWS, JENKINS, KLEINPETER, LAMBERT, LUNEAU, MCMATH,
MIGUEZ, MILLER, MIZELL, MORRIS, OWEN, PRESSLY, PRICE, REESE,
SEABAUGH, STINE, TALBOT, WHEAT, AND WOMACK
1	AN ACT
2 To enact R.S. 17:418.1 and 3996(B)(89), relative to the compensation of teachers and other
3 school employees; to require public school systems to provide a salary increase to
4 certain personnel; to provide relative to the amount of the increase; to provide
5 relative to retirement costs; to provide for a funding mechanism; to provide for
6 object and function codes for personnel salary increases; to provide for compliance;
7 to provide for payments to personnel who are on an approved leave of absence; to
8 provide for definitions; to provide for effectiveness; and to provide for related
9 matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1.  R.S. 17:418.1 and 3996(B)(89) are hereby enacted to read as follows:
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1 §418.1.  Salary increase; teachers and other school employees
2	A.(1)  Each public school system shall provide a permanent salary increase
3 of at least two thousand dollars for certificated personnel and at least one thousand
4 dollars for non-certificated personnel, along with the associated retirement costs for
5 the personnel, that shall be applied beginning with the 2025-2026 school year.  Each
6 public school system shall fund the increase and related retirement costs using the
7 net savings realized by the system from the reduction in its employer contribution
8 rate for the 2025-2026 Fiscal Year attributable to the state's payment of certain
9 unfunded accrued liability of the Teachers' Retirement System of Louisiana as
10 provided in the Act that originated as House Bill No. 7 of the 2024 Third
11 Extraordinary Session of the Legislature.
12	(2)  If the amount of net savings realized by a school system is insufficient
13 to fully fund the salary increases in the amounts specified in this Section, plus the
14 associated retirement costs, the school system is not required to provide increases
15 and associated retirement costs in excess of the net savings amount.  The remaining
16 amount necessary to fully fund such salary increases and associated retirement costs
17 shall be provided for in the minimum foundation program formula.
18	(3) Each public school system shall place a permanent salary increase of no
19 less than two thousand dollars for certificated employees and no less than one
20 thousand dollars for non-certificated employees in their salary schedule.
21	(4) Certificated personnel shall receive the permanent salary increase
22 provided in this Section so long as the position is based on the staffing data
23 submitted to the official department personnel data reporting system as of October
24 1, as required by the Louisiana Department of Education Bulletin 1929, and the
25 permanent salary increase shall be limited to certificated personnel who are
26 employed in a manner indicated in the following function and object codes:
27	(a) Teachers (all function codes 1000-2200s, object code 112).
28	(b)  Therapists/specialists/counselors (function codes 1000-2200s, object
29 code 113).
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1	(c) School site-based principals, assistant principals, and other school
2 administrators (function code 2400s, object code 111).
3	(d) Central office certificated administrators (function codes 1000 through
4 2200, 2324, 2831, and 2832 (excluding 2130s), object code 111).
5	(e) School nurses (function code 2134, object code 118).
6	(f) Sabbaticals (function codes 1000-2200s, 2134, 2400s, object code 140).
7	(5) Non-certificated personnel shall receive the permanent salary increase
8 provided in this Section so long as the position is based on the staffing data
9 submitted to the official department personnel data reporting system as of October
10 1, as required by the Louisiana Department of Education Bulletin 1929, and the
11 permanent salary increase shall be limited to non-certificated personnel who are
12 employed in a manner indicated in the following function and object codes:
13	(a) Aides (function codes 1000-4900s, object code 115). 
14	(b) Support supervisors (function codes 2130s, 2300s (excluding 2311, 2321,
15 2324, 2831 and 2832) and 2500-4900s, object code 111).
16	(c) Clerical/secretarial (function codes 1000-4900s, object code 114).
17	(d) Service workers (function codes 1000-4900s, object code 116).
18	(e) Skilled craftsmen (function codes 1000-4900s, object code 117).
19	(f) Degreed professionals (function codes 1000-4900s, (excluding 2134s)
20 object code 118).
21	(g) Other personnel (function codes 1000-4900s, object codes 100, 110 and
22 119).
23	(6) The permanent salary increase shall also include any employee on
24 approved leave because of any of the following reasons:
25	(a) An assault or battery as provided for in R.S. 17:1201 and 17:1206.1 in
26 object code 260.
27	(b) Approved leave due to physical contact with a student to prevent danger
28 or risk of injury to a student under R.S. 17:1201 and RS 17:1206.1 in object code
29 260.
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1	(c) Sabbatical leave.
2	(d) Military leave.
3	(e) Maternity leave or adoptive leave.
4	(7) The salary increases provided for in this Section shall not supplant or
5 offset any public school system salaries or salary supplements to which personnel
6 were entitled to prior to the enactment of this Section.
7	(8)  If the amount of net savings realized by a school system is in excess of
8 the amount needed to fully fund the salary increases in the amounts specified in this
9 Subsection, plus the related retirement costs, the school system shall only expend
10 such excess savings on the following:
11	(a) Employing personnel that qualify for differentiated compensation
12 allocations in critical shortage areas, including grades kindergarten through twelve
13 special education, grades six through twelve mathematics, grades six through twelve
14 science, or other critical shortage areas as defined by the State Board of Elementary
15 and Secondary Education.
16	(b) Employing personnel for a summer enrichment program, pursuant to R.S.
17 17:401.11, et seq.
18	(c) Early childhood education programs that focus on enhancing the
19 preparation of at-risk children for school.
20	(d)  School security enhancements.
21	B.  For purposes of this Section:
22	(1)  "Personnel" means persons employed in the positions for which an
23 across-the-board pay raise was proposed in the Fiscal Year 2023-2024 minimum
24 foundation program formula for that fiscal year and for which a stipend was provided
25 for Fiscal Year 2024-2025 in Act No. 4 of the 2024 Regular Session of the
26 Legislature.
27	(2)  "Public school system" means any city, parish, or other local public
28 school board, any charter school, or any other elementary or secondary school
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1 governing authority that participates in the Teachers' Retirement System of
2 Louisiana.
3	C.(1) No later than December 31, 2025, each public school system shall
4 certify and report, in the manner provided by the Department, that the school system
5 has implemented the permanent salary increases, as required by Subsection A of this
6 Section, and have expended or have contracted to expend the excess savings as
7 required by Subsection B of this Section.
8	(2)  No later than March 1, 2026, the Department shall provide a written
9 report detailing the compliance of each public school required in Paragraph (1) of
10 this Subsection to the Senate Committee on Education or the House Committee on
11 Education.  
12	(3)  A public school system that does not comply with Paragraph (1) of this
13 Subsection shall require the system's superintendent to appear before a hearing of the
14 Senate Committee on Education or the House Committee on Education, which may
15 meet jointly, after being notified by the secretary of the Senate or the clerk of the
16 House of Representatives that the testimony of the superintendent is required.
17	*          *          *
18 §3996.  Charter schools; exemptions; requirements
19	*          *          *
20	B. Notwithstanding any state law, rule, or regulation to the contrary and
21 except as may be otherwise specifically provided for in an approved charter, a
22 charter school established and operated in accordance with the provisions of this
23 Chapter and its approved charter and the school's officers and employees shall be
24 exempt from all statutory mandates or other statutory requirements that are
25 applicable to public schools and to public school officers and employees except for
26 the following laws otherwise applicable to public schools with the same grades:
27	*          *          *
28	(89) Compensation for teachers and other school employees so long as the
29 charter school participates in the Teachers' Retirement System of Louisiana (R.S.
30 17:418.1).
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1 Section 2.  This Act shall take effect and become operative if and when the proposed
2 amendment of Article VII of the Constitution of Louisiana contained in the Act which
3 originated as House Bill No. 7 of this 2024 Third Extraordinary Session of the Legislature
4 is adopted at a statewide election and becomes effective.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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