Legal Opinion · Dissent

Dagenhardt v. Terrebonne Parish School Board

Louisiana Court of Appeal

Decided May 20, 1994No. 92 CA 2308Published

1DissentLottinger, Chief Judge

I respectfully dissent.

The majority has correctly stated the facts and the issue before this court. However, in attempting to resolve what many see as a conflict between La.R.S. 17:1201 A(2) and 17:1202, I believe the majority has erred. The majority resolves this alleged conflict without discussion by simply holding:

We believe a corollary to the permissive language of La.R.S. 17:1201 that school boards “may grant additional sick leave” is that school boards also have discretion to deny extended sick leave. We hold that the provisions of La.R.S. 17:1202 do not apply when a teacher has been…

2Cases cited2 opinions

  1. Gayle v. PorterLouisiana Court of Appeal · 1970
  2. Gayle v. PorterSupreme Court of Louisiana · 1970

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