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Regular Session, 2010
HOUSE BILL NO. 1487 (Substitute for House Bill No. 1128 by Representative Leger)
BY REPRESENTATIVE LEGER
SCHOOLS/CHARTER: Provides relative to charter schools
AN ACT1
To amend and reenact R.S.17:3981(4), 3982(A)(1)(a), 3983(A)(3)(c), and 3991(B)(14) and2
to enact R.S. 3991(B)(24) and 3996(B)(24) and (25), relative to charter schools; to3
provide relative to the duties and responsibilities of the State Board of Elementary4
and Secondary Education when reviewing and approving a proposed charter; to5
provide relative to the duties and responsibilities of a local school board when6
reviewing and approving a proposed charter; to provide relative to charter7
requirements; to provide relative to certain exemptions granted charter schools from8
statutory mandates or other statutory requirements that are applicable to public9
schools; to provide effective dates; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S.17:3981(4) is hereby amended and reenacted to read as follows: 12
§3981. State Board of Elementary and Secondary Education; powers and duties13
relative to charter schools14
The State Board of Elementary and Secondary Education shall:15
* * *16
(4) Review each proposed charter in a timely manner and in the order in17
which submitted and determine whether each proposed charter complies with the law18
and rules and whether the proposal is valid, complete, financially well-structured,19
educationally sound, whether it provides for a master plan for improving behavior20 HLS 10RS-4209 ENGROSSED
HB NO. 1487
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and discipline in accordance with R.S. 17:252, whether it provides a plan for1
collecting data in accordance with R.S. 17:3911, and whether it offers potential for2
fulfilling the purposes of this Chapter. The board shall engage in an application3
review process that complies with the latest Principles and Standards for Quality4
Charter School Authorizing, as promulgated by the National Association of Charter5
School Authorizers, and shall provide for an independent evaluation of the charter6
proposal by a third party with educational, organizational, legal, and financial7
expertise.8
* * *9
Section 2. R.S. 17:3982(A)(1)(a), 3983(A)(3)(c), and 3991(B)(14) are hereby10
amended and reenacted and R.S. 17:3991(B)(24) and 3996(B)(24) and (25) are hereby11
enacted to read as follows: 12
§3982. Local school boards; duties13
A.(1)(a) Local school boards shall comply with R.S. 17:3983 and shall14
review and formally act upon each proposed charter within thirty days of its15
submission and in the order in which submitted. In doing such review, the local16
school board shall determine whether each proposed charter complies with the law17
and rules, whether the proposal is valid, complete, financially well-structured, and18
educationally sound, whether it provides for a master plan for improving behavior19
and discipline in accordance with R.S. 17:252, whether it provides a plan for20
collecting data in accordance with R.S. 17:3911, and whether it offers potential for21
fulfilling the purposes of this Chapter. The local board shall engage in an application22
review process that complies with the latest Principles and Standards for Quality23
Charter School Authorizing, as promulgated by the National Association of Charter24
School Authorizers, and shall provide for an independent evaluation of the charter25
proposal by a third party with educational, organizational, legal, and financial26
expertise.27
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§3983. Chartering process by type; eligibility; limitations; faculty approval; parental1
approval2
A.3
* * *4
(3)5
* * *6
(c) Each proposal received by the state board shall be carefully reviewed and7
shall be approved only after there has been a specific determination by the board that8
the proposed school will be operated in compliance with all applicable state and9
federal laws, rules, and regulations, that the accounting and financial practices to be10
used are sound and in accordance with generally accepted standards for similar11
entities, and that the educational program to be offered will comply with all12
requirements of this Chapter and be based on generally accepted education research13
findings applicable to the pupils to be served, including but not limited to school14
discipline practices and policies that incorporate positive behavior interventions and15
supports, restorative justice, and other research-based discipline practices and16
classroom management strategies and otherwise conform to the model master17
discipline plan required in accordance with R.S. 17:252.18
* * *19
§3991. Charter schools; requirements; limitations; renewal; amendment; revocation20
* * *21
B. Each proposed charter shall contain or make provision for the following:22
* * *23
(14) School rules and regulations applicable to pupils including disciplinary24
policies and procedures that incorporate research-based discipline programs, such25
as positive behavioral interventions and supports and restorative justice principles26
in accordance with R.S. 17:252.27
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(24) A plan for collecting data in accordance with R.S. 17:3911.1
* * *2
§3996. Charter schools; exemptions3
* * *4
B. Notwithstanding any state law, rule, or regulation to the contrary and5
except as may be otherwise specifically provided for in an approved charter, a6
charter school established and operated in accordance with the provisions of this7
Chapter and its approved charter and the school's officers and employees shall be8
exempt from all statutory mandates or other statutory requirements that are9
applicable to public schools and to public school officers and employees except for10
the following laws otherwise applicable to public schools with the same grades:11
* * *12
(24) School master plans for supporting student behavior and discipline, R.S.13
17:252.14
(25) Data collection system, R.S. 17:3911.15
* * *16
Section 3.(A) This Section and Section 1 of this Act shall become effective upon17
signature of this Act by the governor or, if not signed by the governor, upon expiration of18
the time for bills to become law without signature by the governor, as provided by Article19
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and20
subsequently approved by the legislature, this Section and Section 1 of this Act shall become21
effective on the day following such approval.22
(B) The provisions of Section 2 of this Act shall become effective January 1, 2011.23
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)]
Leger HB No. 1487
Abstract: Relative to charter schools, requires that a proposed charter be reviewed to
determine whether it provides for a master plan for improving behavior and
discipline and whether it provides for a plan for collecting certain data relative to HLS 10RS-4209 ENGROSSED
HB NO. 1487
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school operations and performance. Provides that a charter proposal received by
BESE shall be approved only after a determination that the educational program to
be offered is based on generally accepted education research findings applicable to
the pupils to be served, including certain school discipline practices and policies.
Requires a charter proposal to contain or make provisions for school rules and
regulations applicable to pupils, including certain disciplinary policies and
procedures, as well as a plan for collecting certain data relative to school operations
and performance. Provides that a charter school shall not be exempt from specified
state laws relative to student behavior and discipline and relative to the collection of
certain data on school operations and performance.
Present law (R.S. 17:3981(4)) requires the State Board of Elementary and Secondary
Education (BESE) to review in a timely manner each charter school proposal submitted to
it (in the order submitted) and determine whether the proposal complies with applicable laws
and rules, whether the proposal is valid, complete, financially well-structured, and
educationally sound, and whether it offers potential for fulfilling the purposes of the Charter
School Demonstration Programs Law. Requires the board to engage in an application
review process that complies with the latest Principles and Standards for Quality Charter
School Authorizing (promulgated by the National Association of Charter School
Authorizers). Also requires BESE to provide for an independent evaluation of the charter
proposal by a third party with educational, organizational, legal, and financial expertise.
Proposed law retains present law. Additionally requires BESE to determine if the charter
proposal provides for a master plan for improving behavior and discipline as provided by
R.S. 17:252 and whether it provides a plan for collecting certain data relative to school
operations and performance as provided by R.S. 17:3911.
Present law (R.S. 17:3982(A)(1)(a)) requires local school boards to comply with specified
law relative to the chartering process (R.S. 17:3983) and to review and act upon proposed
charters within 30 days of submission and in the order in which submitted. Provides that the
local board shall determine whether each proposal complies with applicable laws and rules,
whether the proposal is valid, complete, financially well-structured, and educationally sound,
and whether it offers potential for fulfilling the purposes of the Charter School
Demonstration Programs Law.
Proposed law retains present law. Additionally requires a local school board to determine
if the charter proposal provides for a master plan for improving behavior and discipline as
provided by R.S. 17:252 and whether it provides a plan for collecting certain data relative
to school operations and performance as provided by R.S. 17:3911.
Present law (R.S. 17:3983(A)(3)(c)) provides that each charter school proposal received by
BESE shall be carefully reviewed and shall be approved only after there has been a specific
determination by the board that the proposed school will be operated in compliance with all
applicable state and federal laws, rules, and regulations, that the accounting and financial
practices to be used are sound and in accordance with generally accepted standards for
similar entities, and that the educational program offered will comply with all requirements
of the Charter School Demonstration Programs Law and be based on generally accepted
education research findings applicable to the pupils to be served.
Proposed law retains present law. Relative to the educational program offered being based
on generally accepted education research findings applicable to the pupils to be served,
proposed law additionally provides that this shall include but not be limited to school
discipline practices and policies that incorporate positive behavior interventions and
supports, restorative justice, and other research-based discipline practices and classroom
management strategies and otherwise conform to the model master discipline plan provided
by R.S. 17:252. HLS 10RS-4209 ENGROSSED
HB NO. 1487
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Present law (R.S. 17:3991(B)(14)) provides that each proposed charter shall contain or make
provision for school rules and regulations applicable to pupils including disciplinary policies
and procedures.
Proposed law retains present law except to specify that the disciplinary policies and
procedures must incorporate research-based discipline programs such as positive behavioral
interventions and supports and restorative justice principles in accordance with R.S. 17:252.
Proposed law (R.S. 17:3991(B)(24)) additionally provides that each proposed charter shall
contain or make provision for a plan for collecting data as provided by R.S. 17:3911 relative
to school operations and performance.
Present law (R.S. 17:3996(B)(1) through (23)) lists certain statutory provisions applicable
to public schools from which a charter school is not exempt.
Proposed law (R.S. 17:3996(B)(24) and (25)) adds to this list R.S. 17:252 (relative to school
master plans for supporting student behavior and discipline) and R.S. 17:3911 (relative to
data collections systems for reporting on school operations and performance).
Effective in part upon signature of governor or lapse of time for gubernatorial action.
Effective in part Jan. 1, 2011.
(Amends R.S. 17:3981(4), 3982(A)(1)(a), 3983(A)(3)(c), and 3991(B)(14); Adds R.S.
17:3991(B)(24) and 3996(B)(24) and (25))