HLS 10RS-963 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1003
BY REPRESENTATIVES JANE SMITH, BOBBY BADON, HENRY BURNS, TIM
BURNS, CARMODY, CARTER, CHAMPAGNE, CONNICK, DOVE, GISCLAIR,
HARDY, HOFFMANN, KATZ, LABRUZZO, LIGI, NOWLIN, ROBIDEAUX,
SIMON, SMILEY, WILLIAMS, AND WOOTON AND SENATORS APPEL,
BROOME, DONAHUE, DUPLESSI S, MARTINY, AND QUINN
EDUCATION: Authorizes BESE to exempt a school board from certain laws, rules, and
regulations pursuant to a request and proposal for increasing quality of instruction
and academic achievement from the school board
AN ACT1
To enact Chapter 44 of Title 17 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 17:4031 through 4040, relative to public elementary and secondary3
education; to authorize the State Board of Elementary and Secondary Education to4
exempt school districts from various laws and regulations pertaining to education;5
to provide procedures regarding request for and approval of such waivers; to provide6
for terms and conditions on such waivers; to provide with respect to schools within7
the jurisdiction of the Recovery School District and schools which may be8
transferred to such jurisdiction; to provide for reports; and to provide for related9
matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. Chapter 44 of Title 17 of the Louisiana Revised Statutes of 1950,12
comprised of R.S. 17:4031 through 4040, is hereby enacted to read as follows:13
CHAPTER 44. RED TAPE REDUCTION WAIVER PROGRAM14
§4031. Definitions15
As used in this Chapter, unless otherwise clearly indicated, the following16
terms mean:17 HLS 10RS-963 ORIGINAL
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(1) "Board" means the Louisiana State Board of Elementary and Secondary1
Education.2
(2) "Department" means the state Department of Education.3
(3) "District" means any city, parish, or other local public school district, the4
Recovery School District, and the Special School District.5
(4) "Governing authority" means the governing authority of any public6
elementary or secondary school.7
(5) "Low-performing school" means a school in which half or more of the8
students are performing below grade level, as determined by the board9
(6) "Superintendent" means the superintendent of any city, parish, or other10
local public school district, the director of the Special School District, and the11
superintendent of the Recovery School District.12
(7) "Waiver" means a waiver granted pursuant to and in accordance with this13
Chapter which exempts the recipient district from any provision of this Title or from14
any rule, regulation, or policy of the board that is applicable to public schools and15
to public school officers and employees. A waiver may be granted for any16
combination of such laws, rules, regulations, or policies. However, R.S. 17:158 and17
416.2 and laws, rules, and regulations identified in R.S. 17:3996(B)(1) through (23)18
and those related to matters identified in R.S. 17:3996(A)(1) through (17) shall not19
be waived.20
§4032. Authority of the board to grant waivers21
Notwithstanding any provision of law to the contrary, the board may, upon22
an adequate showing by a superintendent as set forth in this Chapter and with the23
goal of improving quality of instruction and student academic achievement, issue a24
waiver to any district.25
§4033. Requests for waivers 26
A. A superintendent may request a waiver for any school, any combination27
of schools, or all schools under his district's jurisdiction.28 HLS 10RS-963 ORIGINAL
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B. A superintendent may request a waiver for a single school only if the1
school is a low-performing school and may request a waiver for more than one2
school but fewer than all schools in his district only if at least half of the schools for3
which a waiver is requested are low-performing schools.4
C. A superintendent requesting a waiver shall submit to the board a written5
waiver request that does all of the following:6
(1) Identifies the specific laws, rules, regulations, and policies from which7
waiver is sought.8
(2) Identifies the school or schools that will be covered by the waiver.9
(3) Describes the policies and procedures that will be instituted as a10
substitute for the waived provisions.11
(4) Describes how the proposed waiver will accomplish all of the following:12
(a) Increase the quality of instruction for students.13
(b) Improve the academic achievement of students.14
(5) Describes, for each school year, specific, measurable educational goals15
and the methods to be used annually to measure progress in meeting such goals.16
(6) Explains how the waiver will assist the schools covered by the waiver to17
reach those goals.18
(7) Demonstrates that the waiver will not result in the exclusion of any19
population that any school is serving prior to the waiver.20
§4034. Terms and conditions of waivers for low-performing schools21
A. The board shall require any low-performing school covered by a waiver22
to meet certain terms and conditions aimed at improving teacher effectiveness,23
quality of instruction, and student academic achievement. The superintendent of24
such schools shall:25
(1) Ensure the effectiveness of the school’s teachers, as defined by the board,26
by agreeing to do all of the following:27
(a) Propose and implement a plan to reward highly effective educators.28 HLS 10RS-963 ORIGINAL
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(b) Identify ineffective educators and provide them with high-quality1
professional development.2
(c) Identify and dismiss persistently ineffective teachers.3
(d) By the end of the second year of the waiver period, ensure that every4
teacher in core, tested subjects, as such subjects are identified by the board, is5
effective.6
(2) Ensure the improvement of quality of instruction and student academic7
achievement by implementing one of the following four intervention options at each8
low-performing school covered by the waiver:9
(a) Turnaround: Put in place new leadership and a majority of new staff, new10
governance, and improved instructional programs, and provide the school with11
sufficient operational flexibility such as the ability to select staff, control its budget,12
and increase learning time.13
(b) Restart: Convert a school to or close and reopen it under a charter or14
education management organization.15
(c) School Closure: Close the school and place its students in a high-16
performing school within the district.17
(d) Transformation: Hire a new principal and implement a suite of best18
practices including comprehensive instructional management reform and measures19
of effective teaching. The board shall not grant a waiver to a district that proposes20
this option and no superintendent shall use this option for more than fifty percent of21
the low-performing schools covered by the waiver.22
(3) A district that has implemented one or more of the interventions23
described in Paragraph (2) of this Subsection for its low-performing schools in the24
two academic years immediately preceding the waiver application is not eligible to25
receive a waiver for such schools unless both of the following apply:26
(a) The school has met its statewide accountability growth target or27
surpassed the statewide growth average during the prior period of implementation.28 HLS 10RS-963 ORIGINAL
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(b) The district agrees to implement any remaining conditions of school1
intervention as required by the board.2
B. All schools participating in the intervention options described in3
Paragraph (A)(2) of this Section will receive a suspension of the effects of4
accountability for as long as a waiver remains in effect. Upon termination of the5
waiver, if the school has not met its statewide accountability growth targets, the6
school shall be transferred to the jurisdiction of the Recovery School District7
established in R.S. 17:1990.8
C. A district that entered into a Memorandum of Understanding with the9
board in lieu of having certain schools taken into the Recovery School District may10
request a waiver for such schools. The effects and requirements of the Memorandum11
of Understanding shall be suspended for the duration of the waiver. If at the12
termination of the waiver the school has not met its statewide accountability growth13
targets, the school shall be transferred to the jurisdiction of the Recovery School14
District established in R.S. 17:1990.15
D. If at the termination of a waiver any participating school under the16
jurisdiction of the Recovery School District has not met its statewide accountability17
growth targets, the board shall take any one of the following actions:18
(1) Transfer management of the school to a charter management organization19
or, if the school is managed by a charter management organization at the time of20
termination, to a new charter management organization, allowing the school to21
remain under the jurisdiction of the Recovery School District.22
(2) Close the school and place its students in a higher performing school23
within the Recovery School District.24
§4035. Grant, denial, or extension of waivers25
A. If the requirements provided in this Chapter are met, the board may grant26
a waiver request or grant a waiver request subject to specified modifications in the27
waiver request. The waiver will be effective for a specified period of up to four years28
unless terminated sooner by the board.29 HLS 10RS-963 ORIGINAL
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B. The terms and conditions of any waiver granted pursuant to this Chapter1
shall be reduced to writing by and approved by the board and agreed to and signed2
by the superintendent in the manner prescribed by the board. The written document3
containing the terms and conditions of the waiver shall not constitute a contract4
between the board and the superintendent or any governing authority.5
C. The board may, upon request from the superintendent and a6
recommendation from the department, extend the waiver period if it determines that7
the waiver has been effective in enabling the school to carry out the activities for8
which the waiver was requested and the waiver has contributed to improved quality9
of instruction and student academic achievement. Any such extension shall not10
suspend the effects of accountability.11
§4036. Reporting requirements12
A. The superintendent of any school that receives a waiver pursuant to this13
Chapter shall provide periodic reports on progress in achieving specific benchmarks14
set forth by the board and shall provide, upon the request of the board, periodic15
reports on the uses and effectiveness of the waiver.16
B. By March first of each year, the board shall submit a report to the17
legislature:18
(1) Summarizing the uses of waivers granted pursuant to this Chapter.19
(2) Describing whether such waivers: 20
(a) Increased the quality of instruction to students.21
(b) Improved the academic achievement of students.22
(3) Recommending any legislative changes if district success in improving23
quality of instruction and academic achievement under a waiver indicate that24
changes in a waived provision of law would be appropriate for all districts.25
§4037. Termination of waivers26
A. Upon a recommendation by the department, the board shall terminate a27
waiver, either completely or with respect to individual schools, if it is determined28
that the performance of the schools has been inadequate to justify a continuation of29 HLS 10RS-963 ORIGINAL
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the waiver or if the waiver is no longer necessary to achieve its original purposes or1
if the termination of the waiver is otherwise in the public interest.2
B. The board shall terminate a waiver as applied to a low-performing school3
if the school has not met its statewide accountability growth targets for two4
consecutive years while under the waiver or has not met any other required condition5
or benchmark.6
§4038. Rules7
The board shall adopt and promulgate rules and regulations in accordance8
with the Administrative Procedure Act to implement the provisions of this Chapter.9
§4039. Other waiver provisions10
The provisions of this Chapter shall not be applicable to any waiver otherwise11
provided for by law or rule.12
§4040. Waived or reduced reporting requirements13
The department shall review and, upon the request of the board, the14
governor’s office, or the legislature, shall report any specific requirement of federal15
regulation or this Title, or any board rule, regulation, or policy the waiver,16
amendment, or repeal of which may give public and nonpublic schools and17
governing authorities greater flexibility to improve quality of instruction and student18
academic achievement.19
Section 2. The initial report pursuant to R.S. 17:4036(B) as enacted by this Act shall20
be submitted to the legislature by March 1, 2012.21
Section 3. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 HLS 10RS-963 ORIGINAL
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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)]
Jane Smith HB No. 1003
Abstract: Provides a waiver program under which BESE may exempt school districts from
various laws, rules, and regulations if the school district demonstrates how such a
waiver will increase the quality of instruction and improve student academic
achievement.
Proposed law authorizes the State Board of Elementary and Secondary Education (BESE)
to exempt school districts from certain laws, rules, regulations and policies applicable to
public schools and to public school officers and employees. Such exemptions are granted
through issuance of a waiver, which is granted to a school district for any school, any
combination of schools, or all schools in the district. Proposed law specifies laws, rules,
regulations and polices which may not be waived, including but not limited to those relative
to transportation, alternative education, accountability, and graduation requirements.
Proposed law provides that the local superintendent requests the waiver except in the case
of the Recovery School District and the Special School District. Specifies the elements
which the waiver request must contain, including: identification of provisions he wishes to
be waived, description of alternative policies and procedures to the waived provisions,
description of how the waiver will increase the quality of instruction and improve academic
achievement, description of measurable educational goals and the methods of measurement,
demonstration that the waiver will not result in the exclusion of any population that any
school is serving prior to the waiver.
In order for a superintendent to receive a waiver for schools in which more than half of the
students perform below grade-level, proposed law requires him to:
(1)Ensure the effectiveness of the school's teachers, as defined by the board, by
agreeing to specified steps to reward highly effective educators and to identify and
train or dismiss ineffective teachers.
(2)Implement one of the following intervention options:
(a)Put in place new leadership and staff, new governance, and improved
instructional programs and provide the school with sufficient operational
flexibility.
(b)Convert or close and reopen a school under a charter or education
management organization.
(c)Close the school and place its students in a high-performing school within the
district.
(d)Hire a new principal and implement a suite of best practices including
comprehensive instructional management reform and measures of effective
teaching. Proposed law provides that his option may not be proposed for
more than half of the low-performing schools under the waiver.
Provides further with respect to schools where such interventions had begun prior to
application for the waiver; provides special conditions on a waiver for such a school. HLS 10RS-963 ORIGINAL
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Provides for suspension (while the waiver is in effect) of take over by the Recovery School
District for schools implementing the above intervention options; however requires BESE
to terminate a waiver as applied to a school where more than half of the students perform
below grade level if the school fails to meet statewide accountability growth targets for two
consecutive years while under the waiver or to meet other conditions or benchmarks.
Provides that a school in the Recovery School District that has failed to meet accountability
growth targets at the end of the period of a waiver shall be transferred to a charter
management organization or to a new charter management organization or closed.
Authorizes BESE to issue a waiver as requested or subject to specified modifications in the
waiver request. A waiver is effective for a specified period of up to four years. Authorizes
BESE to terminate waivers, completely or with respect to particular schools, prior to the end
of the waiver period. Provides for extensions of a waiver. Provides that a waiver extension
does not suspend accountability effects.
Provides for reports from school districts with waivers to BESE and reports from BESE to
the legislature.
Requires BESE rules to implement proposed law.
Requires the Dept. of Education to review and upon the request of BESE, the governor's
office, or the legislature, to report specific requirements of federal regulation, state law, and
board rules, regulations, and policies the waiver, amendment, or repeal of which may give
schools greater flexibility to increase student achievement.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:4031-4040)