HLS 10RS-2743 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1368
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 district from certain laws, rules, and
regulations pursuant to a request and proposal for increasing quality of instruction
and academic achievement from the school district
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 AND LOCAL14
EMPOWERMENT WAI VER PROGRAM15
§4031. Definitions16
As used in this Chapter, unless otherwise clearly indicated, the following17
terms mean:18
(1) "Board" means the State Board of Elementary and Secondary Education.19 HLS 10RS-2743 ORIGINAL
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(2) "Department" means the state Department of Education.1
(3) "District" means any city, parish, or other local public school district, the2
Recovery School District, and the Special School District.3
(4) "Governing authority" means the governing authority of any public4
elementary or secondary school.5
(5) "Low-performing school" means an academically unacceptable school6
as determined by the board.7
(6) "Superintendent" means the superintendent of any city, parish, or other8
local public school district, the director of the Special School District, and the9
superintendent of the Recovery School District.10
(7) "Waiver" means a waiver granted pursuant to and in accordance with this11
Chapter which exempts the recipient district from any provision of this Title or from12
any rule, regulation, or policy of the board that is applicable to public schools and13
to public school officers and employees. A waiver may be granted for any14
combination of such laws, rules, regulations, or policies, including but not limited15
to those related to instructional time, curriculum, funding, personnel, student-to-16
personnel ratios, and student support; however, R.S. 17:158, 416.2, 3902 and laws,17
rules, and regulations identified in R.S. 17:3996(B)(1) through (23) and those related18
to matters identified in R.S. 17:3996(A)(1) through (17) shall not be waived.19
§4032. Authority of the board to grant waivers20
Notwithstanding any provision of law to the contrary, the board may, upon21
an adequate showing by a superintendent as set forth in this Chapter and with the22
goal of improving quality of instruction and student academic achievement, issue a23
waiver to any district.24
§4033. Requests for waivers 25
A. A superintendent may request a waiver for any school, any combination26
of schools, or all schools under his district's jurisdiction.27
B. A superintendent requesting a waiver shall submit to the board a written28
waiver request that does all of the following:29 HLS 10RS-2743 ORIGINAL
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(1) Identifies the specific laws, rules, regulations, and policies from which1
waiver is sought.2
(2) Identifies the school or schools that will be covered by the waiver.3
(3) Describes the policies and procedures that will be instituted as a4
substitute for the waived provisions.5
(4) Describes how the proposed waiver will accomplish all of the following:6
(a) Increases the quality of instruction for students.7
(b) Improves the academic achievement of students.8
(c) Improves teaching effectiveness within schools.9
(5) Describes, for each school year, specific, measurable educational goals10
and the methods to be used annually to measure progress in meeting such goals.11
§4034. Terms and conditions of waivers for low-performing schools12
A. The board shall require any low-performing school covered by a waiver13
to meet certain terms and conditions aimed at improving teacher effectiveness,14
quality of instruction, and student academic achievement. The superintendent of15
such school shall:16
(1) Ensure the effectiveness of the school’s teachers, as defined by the board,17
by agreeing to do all of the following:18
(a) Propose and implement a plan to reward highly effective educators.19
(b) Identify ineffective educators and provide them with high-quality20
professional development.21
(c) Identify and dismiss persistently ineffective teachers.22
(d) By the end of the second year of the waiver period, ensure that every23
teacher in core, tested subjects, as such subjects are identified by the board, is24
effective.25
(2) Ensure the improvement of quality of instruction and student academic26
achievement by implementing one of the following four intervention options at each27
low-performing school covered by the waiver:28 HLS 10RS-2743 ORIGINAL
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(a) Turnaround: Put in place new leadership and a majority of new staff, new1
governance, and improved instructional programs, and provide the school with2
sufficient operational flexibility such as the ability to select staff, control its budget,3
and increase learning time.4
(b) Restart: Convert a school to or close and reopen it under a charter or5
education management organization.6
(c) School Closure: Close the school and place its students in a high-7
performing school within the district.8
(d) Transformation: Hire a new principal and implement a suite of best9
practices including comprehensive instructional management reform and measures10
of effective teaching. The board shall not grant a waiver to a district that proposes11
this option and no superintendent shall use this option for more than fifty percent of12
the low-performing schools covered by the waiver.13
(3) A district that has implemented one or more of the interventions14
described in Paragraph (2) of this Subsection for its low-performing schools in the15
two academic years immediately preceding the waiver application is not eligible to16
receive a waiver for such schools unless both of the following apply:17
(a) The school has met its statewide accountability growth target or18
surpassed the statewide growth average during the prior period of implementation.19
(b) The district agrees to implement any remaining conditions of school20
intervention as required by the board.21
B. All schools participating in the intervention options described in22
Paragraph (A)(2) of this Section will receive a suspension of the effects of23
accountability for as long as a waiver remains in effect. Upon termination of the24
waiver, if the school has not met its statewide accountability growth targets, the25
school shall be transferred to the jurisdiction of the Recovery School District26
established in R.S. 17:1990 or shall enter into a memorandum of understanding with27
the Recovery School District.28 HLS 10RS-2743 ORIGINAL
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C. A district that entered into a memorandum of understanding with the1
Recovery School District in lieu of having certain schools taken into the Recovery2
School District may request a waiver for such schools. The effects and requirements3
of the memorandum of understanding shall be suspended for the duration of the4
waiver. If at the termination of the waiver the school has not met its statewide5
accountability growth targets, the school shall be transferred to the jurisdiction of the6
Recovery School District established in R.S. 17:1990.7
D. If at the termination of a waiver any participating school under the8
jurisdiction of the Recovery School District has not met its statewide accountability9
growth targets, the board shall take any one of the following actions:10
(1) Transfer management of the school to a charter management organization11
or, if the school is managed by a charter management organization at the time of12
termination, to a new charter management organization, allowing the school to13
remain under the jurisdiction of the Recovery School District.14
(2) Close the school and place its students in a higher performing school15
within the Recovery School District.16
E. The provisions of this Section do not apply to any school that is not a low-17
performing school.18
§4035. Grant, denial, or extension of waivers19
A. If the requirements provided in this Chapter are met, the board may grant20
a waiver request or grant a waiver request subject to specified modifications in the21
waiver request. The waiver will be effective for a specified period of up to four years22
unless terminated sooner by the board.23
B. The terms and conditions of any waiver granted pursuant to this Chapter24
shall be reduced to writing by and approved by the board and agreed to and signed25
by the superintendent in the manner prescribed by the board. The written document26
containing the terms and conditions of the waiver shall not constitute a contract27
between the board and the superintendent or any governing authority.28 HLS 10RS-2743 ORIGINAL
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C. The board may, upon request from the superintendent and a1
recommendation from the department, extend the waiver period if it determines that2
the waiver has been effective in enabling the school to carry out the activities for3
which the waiver was requested and the waiver has contributed to improved quality4
of instruction and student academic achievement. Any such extension shall not5
suspend the effects of accountability.6
§4036. Reporting requirements7
A. The superintendent of any school that receives a waiver pursuant to this8
Chapter shall provide periodic reports on progress in achieving specific benchmarks9
set forth by the board and shall provide, upon the request of the board, periodic10
reports on the uses and effectiveness of the waiver.11
B. By March first of each year, the board shall submit a report to the12
legislature:13
(1) Summarizing the uses of waivers granted pursuant to this Chapter.14
(2) Describing whether such waivers: 15
(a) Increased the quality of instruction to students.16
(b) Improved the academic achievement of students.17
(3) Recommending any legislative changes if district success in improving18
quality of instruction and academic achievement under a waiver indicates that19
changes in a waived provision of law would be appropriate for all districts.20
§4037. Termination of waivers21
A. Upon a recommendation by the department, the board shall terminate a22
waiver, either completely or with respect to individual schools, if it is determined23
that the performance of the schools has been inadequate to justify a continuation of24
the waiver or if the waiver is no longer necessary to achieve its original purposes.25
B. The board shall terminate a waiver as applied to a low-performing school26
if the school has failed to implement the requirements set forth in R.S. 17:403427
within two years of the granting of the waiver and may terminate a waiver as applied28
to a low-performing school that has not met its statewide accountability growth29 HLS 10RS-2743 ORIGINAL
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targets for three consecutive years while under the waiver or has not met any other1
required condition or benchmark.2
§4038. Rules3
The board shall adopt and promulgate rules and regulations in accordance4
with the Administrative Procedure Act to implement the provisions of this Chapter.5
§4039. Other waiver provisions6
The provisions of this Chapter shall not be applicable to any waiver otherwise7
provided for by law or rule.8
§4040. Waived or reduced reporting requirements9
The department shall review and, upon the request of the board, the10
governor’s office, or the legislature, shall report any specific requirement of federal11
regulation or this Title, or any board rule, regulation, or policy the waiver,12
amendment, or repeal of which may give public and nonpublic schools and13
governing authorities greater flexibility to improve quality of instruction and student14
academic achievement.15
Section 2. The initial report pursuant to R.S. 17:4036(B) as enacted by this Act shall16
be submitted to the legislature by March 1, 2012.17
Section 3. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
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. 1368
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. HLS 10RS-2743 ORIGINAL
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are additions.
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, evaluations, 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, and description of measurable educational goals and the methods of
measurement.
In order for a superintendent to receive a waiver for schools that are academically
unacceptable as determined by BESE, 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.
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 an academically unacceptable school if the school fails
to implement proposed law within two years, and authorizes BESE to terminate a waiver if
such a school fails to meet statewide accountability growth targets for three 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 HLS 10RS-2743 ORIGINAL
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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)