HLS 10RS-1416 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 420
BY REPRESENTATIVE LEGER
SCHOOLS/CHARTER: Provides relative to charter school funding
AN ACT1
To amend and reenact R.S. 17:3995(A)(1) through (3), relative to charter school funding;2
to provide relative to the use of certain local revenues for computing and allocating3
the per pupil amount provided to all charter schools; to remove provisions requiring4
certain minimum per pupil funding amounts pursuant to the most recent legislatively5
approved minimum foundation program formula; to provide an effective date; and6
to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:3995(A)(1) through (3) are hereby amended and reenacted to read9
as follows: 10
ยง3995. Charter school funding11
A.(1) Except as otherwise provided by this Subsection, for the purpose of12
funding, a Type 1, Type 3, and Type 4 charter school shall be considered an13
approved public school of the local school board entering into the charter agreement14
and shall receive a per pupil amount each year from the local school board based on15
the October first membership count of the charter school. Except as otherwise16
provided by this Subsection, Type 2 charter schools shall receive a per pupil amount17
each year from the state Department of Education using state funds specifically18
provided for this purpose. Type 2 charter schools authorized by the State Board of19
Elementary and Secondary Education after July 1, 2008, shall receive a per pupil20 HLS 10RS-1416 ORIGINAL
HB NO. 420
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amount each year as provided in the Minimum Foundation Program approved1
formula. The per pupil amount provided to a Type 1, 2, 3, or 4 charter school shall2
be computed annually and shall be equal to no less than the per pupil amount3
received by the school district in which the charter school is located from the4
following sources based on the district's October first membership count:5
(a) The state-funded per pupil allocation received by the district pursuant to6
the most recent legislatively approved minimum foundation program formula7
resolution, including all levels.8
(b) Local revenues received during the prior current year by the school9
district from the following sources, excluding any portion which has been10
specifically dedicated by the legislature or by voter approval to capital outlay or debt11
service:12
(i) Sales and use taxes, less any tax collection fee paid by the school district.13
(ii) Ad valorem taxes, less any tax collection fee paid by the school district.14
(iii) Earnings from sixteenth section lands owned by the school district.15
(2)(a) Initial allocation of the per pupil amount required in Paragraph (1) of16
this Subsection shall be based on estimates provided by the state Department of17
Education using the most recent projected local revenue data and projected pupil18
counts available. Allocations shall be adjusted during the year to reflect actual pupil19
counts and actual prior current year local revenue collections.20
(b) In order to provide for adjustments in allocations made to Type 2 charter21
schools as a result of changes in enrollment, the State Board of Elementary and22
Secondary Education may provide annually for a February fifteenth pupil23
membership count to reflect any changes in pupil enrollment that may occur after24
October first of each year. Any allocation adjustment made pursuant to this25
Subparagraph shall not be retroactive and shall be applicable for the period from26
March first through the end of the school year. The provisions of this Subparagraph27
relative to an allocation adjustment shall not be applicable to any Type 2 charter28 HLS 10RS-1416 ORIGINAL
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school that has had an increase or decrease in student enrollment of five percent or1
less in any school year for which the February fifteenth membership count occurs.2
(3) Except as provided in Paragraph (4), in no case shall the per pupil3
amount required in Paragraph (1) of this Subsection be less than the combined state4
and local per pupil allocation for the district in which the charter school is located5
as defined by the most recent legislatively approved minimum foundation program6
formula resolution, including all levels.7
* * *8
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor9
and subsequently approved by the legislature, this Act shall become effective on July 1,10
2010, or on the day following such approval by the legislature, whichever is later.11
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. 420
Abstract: Relative to the use of certain local revenues for computing and allocating the per
pupil amount provided to all charter schools, specifies use of current year rather than
prior year amounts in such computations and allocations. Also deletes provision
requiring certain minimum per pupil funding pursuant to the most recent legislatively
approved MFP formula.
Present law provides that for funding purposes, Types 1, 3, and 4 charter schools shall be
considered approved public schools of the local school board entering into the charter
agreement and shall receive a per pupil amount each year from the local school board based
on the October first membership count of the charter school. Provides that Type 2 charter
schools shall receive a per pupil amount each year from the state Department of Education
using state funds specifically provided for this purpose.
Proposed law retains present law.
Present law specifies that the per pupil amount provided to all charter schools shall be
computed annually and shall be equal to no less than the per pupil amount received by the
school district in which the charter school is located from the following sources based on the
district's October first membership count:
(1)The state-funded per pupil allocation received by the district pursuant to the most
recent legislatively approved minimum foundation program (MFP) formula
resolution, including all levels. Proposed law retains present law.
(2)Local revenues received during the prior year by the school district from the
following sources, excluding any portion which has been specifically dedicated by
the legislature or by voter approval to capital outlay or debt service: HLS 10RS-1416 ORIGINAL
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(a)Sales and use taxes, less any tax collection fee paid by the school district.
(b)Ad valorem taxes, less any tax collection fee paid by the school district.
(c)Earnings from 16th section lands owned by the school district.
Relative to local revenues, proposed law retains present law except refers to the local
revenues received during the current year rather than prior year.
Present law provides that the initial allocation of the per pupil amount required by present
law shall be based on estimates provided by the Dept. of Education using the most recent
local revenue data and projected pupil counts available. Specifies that allocations shall be
adjusted during the year to reflect actual pupil counts and actual prior year local revenue
collections.
Proposed law retains present law except refers to the most recent projected local revenue
data rather than the most recent local revenue data. Also refers to the actual current year
local revenue collections rather than the actual prior year local revenue collections.
Present law specifies that in order to provide for adjustments in allocations made to Type 2
charter schools as a result of changes in enrollment, the State Board of Elementary and
Secondary Education (BESE) may provide annually for a Feb. 15th pupil membership count
to reflect any changes in pupil enrollment that may occur after Oct. 1st of each year.
Provides that any such allocation adjustment shall not be retroactive and shall be applicable
for the period from March 1 through the end of the school year. Provides also that the
allocation adjustment shall not be applicable to any Type 2 charter school that has had an
increase or decrease in student enrollment of 5% or less in any school year for which the
Feb. 15th membership count occurs.
Proposed law retains present law.
Present law provides (except as specified in present law relative to certain administrative
overhead costs) that in no case shall the per pupil amount required by present law be less
than the combined state and local per pupil allocation for the district in which the charter
school is located as defined by the most recent legislatively approved MFP formula
resolution, including all levels.
Proposed law deletes present law.
Effective July 1, 2010.
(Amends R.S. 17:3995(A)(1)-(3))