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ACT No. 756
Regular Session, 2010
HOUSE BILL NO. 1487 (Substitute for House Bill No. 1128 by Representative Leger)
BY REPRESENTATIVE LEGER
AN ACT1
To amend and reenact R.S.17:3981(4), 3982(A)(1)(a), 3983(A)(3)(c), and 3991(B)(4) and2
(14) and to enact R.S.17:3991(B)(24) and (C)(1)(d) and 3996(B)(24) and (25),3
relative to charter schools; to provide relative to the duties and responsibilities of the4
State Board of Elementary and Secondary Education when reviewing and approving5
a proposed charter; to provide relative to the duties and responsibilities of a local6
school board when reviewing and approving a proposed charter; to provide relative7
to charter requirements; to provide relative to certain exemptions granted charter8
schools from statutory mandates or other statutory requirements that are applicable9
to public schools; to authorize certain charter schools to establish an enrollment10
preference for certain students; to provide effective dates; and to provide for related11
matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S.17:3981(4) is hereby amended and reenacted to read as follows: 14
§3981. State Board of Elementary and Secondary Education; powers and duties15
relative to charter schools16
The State Board of Elementary and Secondary Education shall:17
* * *18
(4) Review each proposed charter in a timely manner and in the order in19
which submitted and determine whether each proposed charter complies with the law20
and rules and whether the proposal is valid, complete, financially well-structured,21
educationally sound, whether it provides for a master plan for improving behavior22
and discipline in accordance with R.S. 17:252, whether it provides a plan for23
collecting data in accordance with R.S. 17:3911, and whether it offers potential for24
fulfilling the purposes of this Chapter. The board shall engage in an application25 ENROLLEDHB NO. 1487
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review process that complies with the latest Principles and Standards for Quality1
Charter School Authorizing, as promulgated by the National Association of Charter2
School Authorizers, and shall provide for an independent evaluation of the charter3
proposal by a third party with educational, organizational, legal, and financial4
expertise.5
* * *6
Section 2. R.S. 17:3982(A)(1)(a), 3983(A)(3)(c), and 3991(B)(4) and (14) are hereby7
amended and reenacted and R.S. 17:3991(B)(24) and (C)(1)(d) and 3996(B)(24) and (25)8
are hereby enacted to read as follows: 9
§3982. Local school boards; duties10
A.(1)(a) Local school boards shall comply with R.S. 17:3983 and shall11
review and formally act upon each proposed charter within thirty days of its12
submission and in the order in which submitted. In doing such review, the local13
school board shall determine whether each proposed charter complies with the law14
and rules, whether the proposal is valid, complete, financially well-structured, and15
educationally sound, whether it provides for a master plan for improving behavior16
and discipline in accordance with R.S. 17:252, whether it provides a plan for17
collecting data in accordance with R.S. 17:3911, and whether it offers potential for18
fulfilling the purposes of this Chapter. The local board shall engage in an application19
review process that complies with the latest Principles and Standards for Quality20
Charter School Authorizing, as promulgated by the National Association of Charter21
School Authorizers, and shall provide for an independent evaluation of the charter22
proposal by a third party with educational, organizational, legal, and financial23
expertise.24
* * *25
§3983. Chartering process by type; eligibility; limitations; faculty approval; parental26
approval27
A.28
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(3)1
* * *2
(c) Each proposal received by the state board shall be carefully reviewed and3
shall be approved only after there has been a specific determination by the board that4
the proposed school will be operated in compliance with all applicable state and5
federal laws, rules, and regulations, that the accounting and financial practices to be6
used are sound and in accordance with generally accepted standards for similar7
entities, and that the educational program to be offered will comply with all8
requirements of this Chapter and be based on generally accepted education research9
findings applicable to the pupils to be served, including but not limited to school10
discipline practices and policies that incorporate positive behavior interventions and11
supports, restorative justice, and other research-based discipline practices and12
classroom management strategies and otherwise conform to the model master13
discipline plan required in accordance with R.S. 17:252.14
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§3991. Charter schools; requirements; limitations; renewal; amendment; revocation16
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B. Each proposed charter shall contain or make provision for the following:18
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(4)(a) A description of the jurisdiction within which a pupil shall reside or20
otherwise be eligible to attend a public school in order to be eligible for admission.21
(b) A description of the geographic boundaries circumscribing the22
neighborhood immediately surrounding the charter school from which students23
residing within may be given preference for enrollment as provided in Subsection C24
of this Section.25
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(14) School rules and regulations applicable to pupils including disciplinary27
policies and procedures that incorporate research-based discipline programs, such28 ENROLLEDHB NO. 1487
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as positive behavioral interventions and supports and restorative justice principles1
in accordance with R.S. 17:252.2
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(24) A plan for collecting data in accordance with R.S. 17:3911.4
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C. A charter school shall:6
(1) 7
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(d) Beginning with the 2011-2012 school year, each elementary and middle9
charter school, other than a Type 2 charter school, may request from and be granted10
by its chartering authority the authority to give preference in its enrollment11
procedures to students residing within the neighborhood immediately surrounding12
the school. The geographic boundaries of the neighborhood immediately surrounding13
such school shall be determined by the school's chartering authority.14
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§3996. Charter schools; exemptions16
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B. Notwithstanding any state law, rule, or regulation to the contrary and18
except as may be otherwise specifically provided for in an approved charter, a19
charter school established and operated in accordance with the provisions of this20
Chapter and its approved charter and the school's officers and employees shall be21
exempt from all statutory mandates or other statutory requirements that are22
applicable to public schools and to public school officers and employees except for23
the following laws otherwise applicable to public schools with the same grades:24
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(24) School master plans for supporting student behavior and discipline, R.S.26
17:252.27
(25) Data collection system, R.S. 17:3911.28
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Section 3.(A) This Section and Section 1 of this Act shall become effective upon1
signature of this Act by the governor or, if not signed by the governor, upon expiration of2
the time for bills to become law without signature by the governor, as provided by Article3
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and4
subsequently approved by the legislature, this Section and Section 1 of this Act shall become5
effective on the day following such approval.6
(B) The provisions of Section 2 of this Act shall become effective January 1, 2011.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: