TITLE 17. EDUCATION

CHAPTER 42. CHARTER SCHOOL DEMONSTRATION PROGRAMS

17:3979      Charter school employees

 A. (1)(a) All employees of the charter school shall be deemed to be employees of the nonprofit organization.

 (b) The nonprofit organization shall have exclusive authority over all employment decisions at the charter school.

 (2) Employees employed by any charter school who, previous to employment in the charter school, were employees of the local school board within the same jurisdiction shall, if such employees desire, be placed on leave of absence pursuant to Subsection B of this Section. However, for the duration of such leave each such employee shall contribute to and be eligible for any or all benefits which would otherwise accrue under state law to participation in the minimum foundation program, the school employees' and teachers' retirement systems, and service time for the accrual of leave and retirement benefits. However, service time while employed by a charter school shall not accrue toward the acquisition of permanent status.

 (3) Employment in any charter school for all employees other than those provided for in Paragraph (2) of this Subsection shall be deemed to be employment in a public elementary or secondary school in the state regarding eligibility for any or all benefits which would otherwise accrue under state law to such an employee in any other elementary or secondary school, including, but not limited to the school employees' and teachers' retirement systems. However, participation of the charter school and its employees in such benefit programs shall be contingent upon provisions contained in the school's approved charter.

 (4) With regard to participation in the public retirement systems for the duration of the demonstration program:

 (a) The compensation that the teacher or school employee would have received if employed by the local public school system shall be used to determine employee and employer contribution levels of the respective retirement systems.

 (b) Any compensation paid to a teacher or school employee which exceeds the salary that would have been received if employed by the local school system shall not be deemed as compensation solely for the purpose of the calculation of future retirement benefits.

 B. (1) A local school board implementing a charter school demonstration program shall grant a leave of absence, not to exceed the duration of the five year demonstration program, to any employee in its school system requesting such leave in order to teach or be employed in a charter school within the school board's jurisdiction.

 (2)(a) At the end of the first year of leave authorized by this Subsection, an employee may return to his former teaching position with the local school board.

  (b) At the end of the third year of leave authorized by this Subsection, an employee may make a written request to the local school board to return to the city or parish school system to a comparable position from which the leave was granted. Upon such request, the employee shall be permitted to return to a comparable position even if such return necessitates a reduction in force by the local school board in accordance with the provisions of R.S. 17:81.4.

 (c) At the end of the fifth year of leave authorized by this Subsection, an employee shall either make a written request to the local school board to return to the city or parish school system in a comparable position, if one is available, or resign from the position from which the leave was granted. Any employee requesting to return to the city or parish school system in a comparable position shall be permitted to return even if such return necessitates a reduction in force by the local school board in accordance with the provisions of R.S. 17:81.4.

 (3) The local school board may require that any request to return to the city or parish school system be made at least ninety days before the employee would otherwise have to report for duty.

 (4)(a) Notwithstanding any provision of law, rule, or regulation to the contrary, upon the return of a teacher to the city or parish school system such teacher shall retain permanent status gained in the public school system prior to the leave authorized by this Subsection even if the teacher is terminated by the charter school.

 (b) Upon the return of an employee to the city or parish school system, such employee shall not lose any right of retirement or salary status or any other benefits to which the employee would have been entitled had he not taken a leave of absence to teach in a charter school.

Added by Acts 1995, No. 192, Sec. 1, eff. June 14, 1995.