ENROLLED
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ACT No. 370
Regular Session, 2010
HOUSE BILL NO. 420
BY REPRESENTATIVE LEGER
AN ACT1
To amend and reenact R.S. 17:3995(A)(1) and (2) and to repeal R.S. 17:3995(A)(3), relative2
to charter school funding; to provide relative to the use of certain local revenues for3
computing and allocating the per pupil amount provided to all charter schools; to4
provide exceptions; to remove provisions requiring certain minimum per pupil5
funding amounts pursuant to the most recent legislatively approved minimum6
foundation program formula; to provide an effective date; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:3995(A)(1) and (2) are hereby amended and reenacted to read as10
follows: 11
ยง3995. Charter school funding12
A.(1) Except as otherwise provided by this Subsection, for the purpose of13
funding, a Type 1, Type 3, and Type 4 charter school shall be considered an14
approved public school of the local school board entering into the charter agreement15
and shall receive a per pupil amount each year from the local school board based on16
the October first membership count of the charter school. Except as otherwise17
provided by this Subsection, Type 2 charter schools shall receive a per pupil amount18
each year from the state Department of Education using state funds specifically19
provided for this purpose. Type 2 charter schools authorized by the State Board of20
Elementary and Secondary Education after July 1, 2008, shall receive a per pupil21
amount each year as provided in the Minimum Foundation Program approved22
formula. The per pupil amount provided to a Type 1, 2, 3, or 4 charter school shall23
be computed annually and shall be equal to no less than the per pupil amount24 ENROLLEDHB NO. 420
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received by the school district in which the charter school is located from the1
following sources based on the district's October first membership count:2
(a) The state-funded per pupil allocation received by the district pursuant to3
the most recent legislatively approved minimum foundation program formula4
resolution, including all levels.5
(b)(i) Local revenues received during the prior year by the school district6
from the following sources,: excluding any portion which has been specifically7
dedicated by the legislature or by voter approval to capital outlay or debt service:8
(i)(aa) Sales and use taxes, less any tax collection fee paid by the school9
district.10
(ii)(bb) Ad valorem taxes, less any tax collection fee paid by the school11
district.12
(iii)(cc) Earnings from sixteenth section lands owned by the school district.13
(ii) For the purposes of this Subparagraph, local revenues shall exclude any14
portion which has been specifically dedicated by the legislature or by voter approval15
to capital outlay or debt service.16
(iii) For the purposes of this Subparagraph, local revenues of the Orleans17
Parish School Board also shall exclude the amounts set forth in R.S.18
17:1990(C)(2)(a)(iii) until such provisions relative to the specified amounts expire.19
(c) The provisions of this Paragraph permitting the calculation of the per20
pupil amount to be provided to a Type 1, 2, 3, or 4 charter school to exclude any21
portion of local revenues specifically dedicated by the legislature or by voter22
approval to capital outlay or debt service, shall be applicable only to a charter school23
housed in a facility or facilities provided by the district in which the charter school24
is located.25
(2)(a) Initial allocation of the per pupil amount required in Paragraph (1) of26
this Subsection shall be based on estimates provided by the state Department of27
Education using the most recent projected prior year local revenue data and projected28
pupil counts available. Allocations shall be adjusted during the year to reflect actual29
pupil counts and actual prior year local revenue collections.30 ENROLLEDHB NO. 420
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(b) In order to provide for adjustments in allocations made to Type 2 charter1
schools as a result of changes in enrollment, the State Board of Elementary and2
Secondary Education may provide annually for a February fifteenth pupil3
membership count to reflect any changes in pupil enrollment that may occur after4
October first of each year. Any allocation adjustment made pursuant to this5
Subparagraph shall not be retroactive and shall be applicable for the period from6
March first through the end of the school year. The provisions of this Subparagraph7
relative to an allocation adjustment shall not be applicable to any Type 2 charter8
school that has had an increase or decrease in student enrollment of five percent or9
less in any school year for which the February fifteenth membership count occurs.10
* * *11
Section 2. R.S. 17:3995(A)(3) is hereby repealed in its entirety.12
Section 3. The provisions of R.S. 17:3995(A)(1)(b)(iii) as contained in this Act shall13
become effective if Senate Bill No. 240 of the 2010 Regular Session of the Legislature is14
enacted and becomes effective.15
Section 4. This Act shall become effective on July 1, 2010; if vetoed by the governor16
and subsequently approved by the legislature, this Act shall become effective on July 1,17
2010, or on the day following such approval by the legislature, whichever is later.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: