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ACT No. 749
Regular Session, 2010
HOUSE BILL NO. 1368
BY REPRESENTATIVES JANE SMITH, BOBBY BADON, HENRY BURNS, TI M
BURNS, CARMODY, CARTER, CHAMPAGNE, CONNICK, DOVE, GISCLAI R,
HARDY, HOFFMANN, KATZ, LABRUZZO, LIGI, NOWLIN, ROBIDEAUX,
SIMON, SMILEY, WILLIAMS, AND WOOTON AND SENATORS APPEL,
BROOME, DONAHUE, DUPLESSI S, MARTINY, AND QUINN
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 4039, 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 that 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 4039, 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
(2) "Department" means the state Department of Education.20
(3) "District" means any city, parish, or other local public school district, the21
Recovery School District, and the Special School District.22 ENROLLEDHB NO. 1368
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(4) "Governing authority" means the governing authority of any public1
elementary or secondary school.2
(5) "Low-performing school" means an academically unacceptable school3
as determined by the board.4
(6) "Superintendent" means the superintendent of any city, parish, or other5
local public school district, the director of the Special School District, and the6
superintendent of the Recovery School District.7
(7) "Waiver" means a waiver granted pursuant to and in accordance with this8
Chapter which exempts the recipient district from any provision of this Title or from9
any rule, regulation, or policy of the board that is applicable to public schools and10
to public school officers and employees. A waiver may be granted for any11
combination of such laws, rules, regulations, or policies, including but not limited12
to those related to instructional time, curriculum, funding, personnel, student-to-13
personnel ratios, and student support; however, Subpart B of Part III of Chapter 1 of14
Title 17 of the Louisiana Revised Statutes of 1950, R.S. 17:158, 416.2, 3902 and15
laws, rules, and regulations identified in R.S. 17:3996(B) and those related to matters16
identified in R.S. 17:3996(A) shall not be waived. Also, any limitation or restriction17
on outsourcing of food, clerical, custodial, or paraprofessional services shall not be18
waived.19
§4032. Authority of the board to grant waivers20
Notwithstanding any provision of law to the contrary, the board may, upon21
receipt of a waiver application from a governing authority as set forth in this Chapter22
and with the goal of improving quality of instruction and student academic23
achievement, issue a waiver to any district.24
§4033. Requests for waivers25
A. A governing authority may request a waiver for any school, any26
combination of schools, or all schools under his district's jurisdiction. However, a27
governing authority shall not request a waiver for any school unless a majority of the28
classroom teachers employed in the school, voting by secret ballot, vote in favor of29
inclusion of such school in the waiver request.30 ENROLLEDHB NO. 1368
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B. A governing authority requesting a waiver shall submit to the board a1
written waiver request that does all of the following:2
(1) Identifies the specific laws, rules, regulations, and policies from which3
waiver is sought.4
(2) Identifies the school or schools that will be covered by the waiver.5
(3) Describes the policies and procedures that will be instituted as a6
substitute for the waived provisions.7
(4) Describes how the proposed waiver will accomplish all of the following:8
(a) Increase the quality of instruction for students.9
(b) Improve the academic achievement of students.10
(c) Improve teaching effectiveness within schools.11
(5) Describes, for each school year, specific, measurable educational goals12
and the methods to be used annually to measure progress in meeting such goals.13
§4034. Terms and conditions of waivers for low-performing schools14
A. The board shall require any low-performing school covered by a waiver15
to meet certain terms and conditions aimed at improving teacher effectiveness,16
quality of instruction, and student academic achievement. The governing authority17
of such school shall:18
(1) Ensure the effectiveness of the school's teachers pursuant to Part II of19
Chapter 39 of Title 17 of the Louisiana Revised Statutes of 1950.20
(2) Ensure the improvement of quality of instruction and student academic21
achievement by implementing one of the following four intervention options at each22
low-performing school covered by the waiver:23
(a) Turnaround: Put in place new leadership and a majority of new staff,24
new governance, and improved instructional programs, and provide the school with25
sufficient operational flexibility such as the ability to select staff, control its budget26
as approved by the school's governing authority, and increase learning time.27
(b) Restart: Convert the school to a charter school. However, every teacher28
employed in such school prior to its conversion to a charter school, who has been29
determined to be effective in accordance with the provisions of Part II of Chapter 3930 ENROLLEDHB NO. 1368
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of Title 17 of the Louisiana Revised Statutes of 1950, shall be given the option to1
remain at the school or to be reassigned by the governing authority to another school2
under its jurisdiction.3
(c) School Closure: Close the school and place its students in a high-4
performing school within the district.5
(d) Transformation: Hire a new principal and implement a suite of best6
practices including comprehensive instructional management reform and measures7
of effective teaching. The board shall not grant a waiver to a district that proposes8
to use this option for more than fifty percent of the low-performing schools covered9
by the waiver.10
(3) A district that has implemented one or more of the interventions11
described in Paragraph (2) of this Subsection for its low-performing schools in the12
two academic years immediately preceding the waiver application is not eligible to13
receive a waiver for such schools unless both of the following apply:14
(a) The school has met its statewide accountability growth target or15
surpassed the statewide growth average during such two-year period of16
implementation.17
(b) The district agrees to implement any remaining conditions of school18
intervention as required by the board.19
B. A school implementing any of the intervention options prescribed in20
Paragraph (A)(2) of this Section shall not be subject to transfer to the Recovery21
School District for the duration of the waiver period. Upon termination of the waiver,22
a school that has not met its growth targets as established by the school and district23
accountability system shall be transferred to the jurisdiction of the Recovery School24
District or the governing authority of such school shall enter into a memorandum of25
understanding with the Recovery School District which shall govern the operation26
of the school.27
C. A school that entered into a memorandum of understanding with the28
Recovery School District prior to receipt of a waiver, and which upon expiration of29
the memorandum of understanding or termination of the waiver has not met its30 ENROLLEDHB NO. 1368
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growth targets as established by the school and district accountability system, shall1
be transferred to the jurisdiction of the Recovery School District.2
D. A school under the jurisdiction of the Recovery School District which has3
been granted a waiver, and upon termination of the waiver has not met its growth4
targets as established by the school and district accountability system, shall be5
subject to one of the following actions as determined by the board:6
(1) A school that is directly operated by the Recovery School District shall7
be converted to a charter school. If the school is a charter school, the Recovery8
School District shall terminate the school's charter and enter into a contract with a9
new chartering group for the operation of the school. Such schools shall remain10
under the jurisdiction of the Recovery School District.11
(2) The school shall be closed and its students transferred to a higher12
performing school within the Recovery School District.13
§4035. Grant, denial, or extension of waivers14
A. If the requirements provided in this Chapter are met, the board may grant15
a waiver as requested or grant a waiver subject to specified modifications. The16
waiver shall be effective for a specified period of up to four years unless terminated17
sooner by the board.18
B. The terms and conditions of any waiver granted pursuant to this Chapter19
shall be reduced to writing by and approved by the board and agreed to and signed20
by the superintendent, subject to the approval of the governing authority, in the21
manner prescribed by the board. The written document containing the terms and22
conditions of the waiver shall not constitute a contract between the board and the23
governing authority.24
C. The board may, upon request from the governing authority and a25
recommendation from the department, extend the waiver period if it determines that26
the waiver has been effective in enabling the school to carry out the activities for27
which the waiver was requested and the waiver has contributed to improved quality28
of instruction and student academic achievement. Any such extension shall not29 ENROLLEDHB NO. 1368
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prevent a school otherwise eligible from being subject to transfer to the Recovery1
School District.2
§4036. Reporting requirements3
A. The governing authority of any school that receives a waiver pursuant to4
this Chapter shall provide periodic reports on progress in achieving specific5
benchmarks set forth by the board and shall provide, upon the request of the board,6
periodic reports on the uses and effectiveness of the waiver.7
B. Not later than March first of each year, the board shall submit a report to8
the Senate Committee on Education and the House Committee on Education:9
(1) Summarizing the uses of waivers granted pursuant to this Chapter.10
(2) Describing whether such waivers:11
(a) Increased the quality of instruction to students.12
(b) Improved the academic achievement of students.13
(3) Recommending any proposed legislative changes, if district success in14
improving quality of instruction and academic achievement under a waiver indicates15
that changes in an existing provision of law would be appropriate for all districts.16
§4037. Termination of waivers17
A. The board shall terminate a waiver, either completely or with respect to18
individual schools, if the board determines that the performance of the schools has19
been inadequate to justify a continuation of the waiver or if the waiver is no longer20
necessary to achieve its original purposes.21
B. The board shall terminate a waiver as applied to a low-performing school22
if the school has failed to implement the requirements set forth in R.S. 17:403423
within two years of the granting of the waiver and may terminate a waiver as applied24
to a low-performing school that has not met its statewide accountability growth25
targets for three consecutive years while under the waiver or has not met any other26
required condition or benchmark.27
§4038. Rules28
The board shall adopt and promulgate rules and regulations in accordance29
with the Administrative Procedure Act to implement the provisions of this Chapter.30 ENROLLEDHB NO. 1368
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§4039. Other waiver provisions1
The provisions of this Chapter shall not be applicable to any waiver otherwise2
provided for by law or rule.3
Section 2. Beginning with the effective date of this Act, no city, parish, or other local4
public school board shall be required to comply with any unfunded mandate imposed by5
state law or any rule, regulation, or policy promulgated by the State Board of Elementary6
and Secondary Education.7
Section 3. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: