HLS 10RS-1634 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1154
BY REPRESENTATIVE CARTER
SCHOOLS/CHARTER: Provides for the creation and establishment of the La. Charter
Schools Commission and for the transfer of certain BESE powers, duties, and
authority to the commission
AN ACT1
To enact R.S. 17:3973(7) and 3980, relative to charter schools; to provide for the creation2
and establishment of the Louisiana Charter Schools Commission; to provide for3
commission powers, duties, membership, and terms; to provide for the transfer of4
certain powers, duties, and authority of the State Board of Elementary and Secondary5
Education relative to charter schools; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:3973(7) and 3980 are hereby enacted to read as follows:8
§3973. Definitions9
As used in this Chapter, the following words, terms, and phrases shall have10
the meaning ascribed to them in this Section except when the context clearly11
indicates a different meaning:12
* * *13
(7) "Louisiana Charter Schools Commission" means the commission created14
pursuant to R.S. 17:3980.15
* * *16
§3980. The Louisiana Charter Schools Commission; creation; powers; duties;17
authority; membership; transfer of authority18
A. The state board shall create and establish the Louisiana Charter Schools19
Commission hereafter, "the commission", for the purpose of reviewing and20
authorizing charter schools, evaluating performance, and renewing or terminating21 HLS 10RS-1634 ORIGINAL
HB NO. 1154
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charter school contracts. The commission shall conduct thorough reviews of charter1
school applications to ensure approval of high-quality applications utilizing an2
efficient process, review performance, provide oversight, and make determinations3
regarding charter renewals.4
B. The commission shall be composed of seven members as follows:5
(1) The speaker of the House of Representatives or his designee.6
(2) The president of the Senate or his designee.7
(3) The president of the State Board of Elementary and Secondary Education8
or his designee.9
(4) Four members appointed by the governor as follows:10
(a) One member selected from a list of three persons nominated by the11
Louisiana Association of Public Charter Schools.12
(b) One member selected from a list of three persons nominated by the13
Louisiana Association of Business and Industry.14
(c) One member selected from a list of three persons nominated by the15
Council for A Better Louisiana.16
(d) One member who is a parent of a child enrolled in a Type 2 or Type 517
charter school.18
C. The membership nominations as specified in Paragraph (B)(4) of this19
Section shall be submitted to the governor not later than September 1, 2010. All20
commission members shall be appointed not later than January 1, 2011. Each21
member shall serve a four-yea r term and vacancies shall be filled in the manner of22
the original appointment. Four members shall constitute a quorum. Commission23
members shall serve without pay but may receive reimbursement for actual travel24
expenses in accordance with state travel regulations.25
D. The commission annually shall elect a chairman and vice chairman. The26
chairman shall convene the first meeting of the commission by not later than27
February 1, 2011. Thereafter, the commission shall meet regularly as it determines28
necessary to conduct the business required of the commission.29 HLS 10RS-1634 ORIGINAL
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E. The commission shall work collaboratively with the state board, the state1
superintendent of education, and the state Department of Education. All2
administrative costs associated with the operation of the commission shall be3
provided by the application fees assessed to charter school applicants, the annual fees4
paid by charter schools to their authorizers, and any federal or state funds allocated5
for the charter school review and authorizing process after July 31, 2011.6
F. The state board, by a two-thirds vote, may overrule a commission decision7
within sixty days of the decision being rendered. A petitioner may file an appeal8
with the state board following any decision of the commission. If the petitioner is9
applying for an initial or a renewal charter, the petitioner may reapply to the10
commission after a denial if the petitioner has corrected deficiencies cited by the11
commission or the state board. No petitioner may reapply following a denial more12
than one time per calendar year.13
G. The commission shall begin to accept charter school applications for14
review on February 1, 2011. The chairman shall report to the state board at least15
once each year on all action taken by the commission pursuant to this Section.16
H. The powers, duties, and authority of the commission as provided in this17
Section shall be executed in accordance with this Chapter and all state board policies18
regarding the authorization and operation of charter schools.19
I. The commission shall review and recommend to the state board any20
revisions to state law or policy for the effective governance and management of state21
authorized charter schools.22
J. All powers, duties, and authority for the review and authorization of23
charter schools provided to the state board pursuant to the provisions of R.S.24
17:3981, 3983, 3991, 3992, and 3993 shall be retained by the state board until July25
31, 2011. Thereafter, such powers, duties, and authority shall be transferred to the26
commission. All other powers, duties, and authority as provided to the state board27
pursuant to this Chapter shall remain with the state board.28 HLS 10RS-1634 ORIGINAL
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
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)]
Carter HB No. 1154
Abstract: Provides for the creation and establishment of the La. Charter Schools
Commission. Provides for its powers, duties, and membership. Provides for the
transfer of certain present law powers, duties, and authority relative to charter
schools from BESE to the commission.
Proposed law provides for the creation and establishment of the La. Charter Schools
Commission by the State Board of Elementary and Secondary Education (BESE) for the
purpose of reviewing and authorizing charter schools, evaluating performance, and renewing
or terminating charter school contracts. Provides that the commission shall conduct
thorough reviews of charter school applications to ensure approval of high quality
applications utilizing an efficient process, review performance, provide oversight, and make
determinations regarding charter renewals. Provides for a seven-member commission as
follows:
(1)The speaker of the House of Representatives or his designee.
(2)The president of the Senate or his designee.
(3)The president of BESE or his designee.
(4)Three members appointed by the governor from nominations submitted by the
Louisiana Association of Public Charter Schools, Louisiana Association of Business
and Industry, and the Council for A Better Louisiana.
(5)One member appointed by the governor who is a parent of a child enrolled in a Type
2 or Type 5 charter school.
Provides that all commission members shall be appointed by Jan. 1, 2011. Provides that
members shall serve four-year terms and shall serve without pay but may receive
reimbursement for actual travel expenses.
Requires the commission annually to elect a chairman and vice chairman. Provides that the
chairman shall convene the first meeting by Feb. 1, 2011, and that the commission shall meet
regularly thereafter.
Requires the commission to work collaboratively with BESE, the state superintendent of
education, and the state Dept. of Education. Specifies that all administrative costs associated
with the operation of the commission shall be provided by the application fees assessed to
charter school applicants, the annual fees paid by charter schools to their authorizers, and HLS 10RS-1634 ORIGINAL
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any federal or state funds allocated for the charter school review and authorizing process
after July 31, 2011.
Provides that BESE may overrule a commission decision and provides for appeals by
petitioners. Provides that the commission shall begin to accept charter school applications
for review on Feb. 1, 2011, and requires the chairman to report to BESE at least once each
year.
Requires the commission to execute its powers, duties, and authority in accordance with
present law (the "Charter School Demonstration Programs Law") and all BESE policies
regarding the authorization and operation of charter schools. Requires the commission to
recommend to BESE any revisions to state law or policy for the effective governance and
management of charter schools.
Provides that all powers, duties, and authority for the review and authorization of charter
schools provided to BESE pursuant to present law (relative to charter proposals,
applications, authorization, contracts, renewal, review, determinations, revocations, and
liability) shall be retained by BESE until July 31, 2011, and after that, such powers, duties,
and authority shall be transferred to the commission. Specifies that all other powers, duties,
and authority of BESE pursuant to present law shall remain with BESE.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:3973(7) and 3980)