HLS 10RS-1591 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 970
BY REPRESENTATIVE SIMON
SCHOOLS/FINANCE-MFP: Includes students educated in secure facilities under the
jurisdiction of the office of juvenile justice in the MFP
AN ACT1
To amend and reenact R.S. 17:100.1(C), relative to certain adjudicated students and students2
in the custody of the office of juvenile justice; to provide that students educated in3
secure care facilities under the jurisdiction of the office of juvenile justice are4
provided for and included in the minimum foundation program; to provide for the5
allocation of state and local minimum foundation program formula funds attributable6
to such inclusion; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:100.1(C) is hereby amended and reenacted to read as follows9
ยง100.1. Alternative educational programs; certain adjudicated students; students in10
the custody of the office of juvenile justice; funding; authority of the11
local school board to contract; inclusion in minimum foundation12
program; funding formula13
* * *14
C. (1) An alternative school located in a secure care facility under the15
jurisdiction of the office of juvenile justice shall be considered a public elementary16
or secondary school and, as such, shall be included by the State Board of Elementary17
and Secondary Education in the formula required by Article VIII, Section 13 of the18
Constitution of Louisiana used to determine the cost of a minimum foundation19
program of education in all public elementary and secondary schools.20
(2) Each student in such an alternative school shall be provided for and21
funded at one hundred percent of the state share per pupil amount as provided in the22 HLS 10RS-1591 ORIGINAL
HB NO. 970
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approved minimum foundation program formula for the city, parish, or other local1
public school system in which such student would otherwise have been enrolled, as2
contained in the budget letter approved by the State Board of Elementary and3
Secondary Education, and the board shall allocate such funds to the office of juvenile4
justice.5
(3) In addition to the allocation of the state share per pupil amount provided6
for in Paragraph (2) of this Subsection, the city, parish, or other local public school7
system in which the student would have otherwise been enrolled shall allocate and8
transfer to the office of juvenile justice an amount of money equal to the local share9
per pupil amount allocated by such system times the number of students enrolled in10
alternative schools located in secure care facilities under the jurisdiction of the office11
of juvenile justice who would have otherwise been enrolled in such local school12
system. The State Board of Elementary and Secondary Education shall provide for13
the transfer of the local share per pupil amount from the appropriate city, parish, or14
other local public school system to the office of juvenile justice.15
(4) The office of juvenile justice shall expend all minimum foundation16
program funds allocated to it pursuant to this Subsection to operate the alternative17
schools located in secure care facilities under its jurisdiction.18
(5) The State Board of Elementary and Secondary Education, in19
collaboration with the office of juvenile justice, shall develop an equitable means by20
which to identify and determine the number of students eligible for funding each21
year pursuant to this Subsection.22
(6) The State Board of Elementary and Secondary Education shall adopt23
necessary rules and regulations to assure that no funds provided through the24
Minimum Foundation Program or any other state or federal program as provided in25
this Section shall supplant any other funding provided to the office of juvenile justice26
for the educational services for such children.27
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HB NO. 970
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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)]
Simon HB No. 970
Abstract: Includes students educated in secure facilities under the jurisdiction of the office
of juvenile justice in the MFP.
Present law requires the State Board of Elementary and Secondary Education (BESE) to
annually develop and adopt a formula to determine the cost of a minimum foundation of
education in all public elementary and secondary schools as well as to equitably allocate the
funds to parish and city school systems. Provides that a child who has been adjudicated
delinquent or as a member of a family in need of services by a court or is in the custody of
the office of juvenile justice (OJJ) and is assigned to a community-based program shall be
counted by the city, parish, or other local school board where the program or facility exists
for purposes of the MFP and other available state and federal funding for which the child is
eligible. The funds so generated shall be used to provide educational services to such
children. Proposed law retains these provisions.
Proposed law provides relative to educational services for adjudicated children who attend
alternative schools located in secure care facilities under the jurisdiction of OJJ as follows:
(1)An alternative school located in a secure care facility under the jurisdiction of OJJ
shall be considered a public school and included by BESE in the MFP formula.
(2)Each student in such an alternative school shall be provided for in the MFP formula
and funded at 100% of the state share per pupil amount as provided for the city,
parish, or other local public school system in which such student would have
otherwise been enrolled. BESE shall allocate such funds to OJJ.
(3)The city, parish, or other local public school system in which such alternative school
student would have otherwise been enrolled shall allocate and transfer to OJJ an
amount equal to the local per pupil amount times the number of students enrolled in
alternative schools in secure care facilities under the jurisdiction of OJJ who would
have otherwise been enrolled in such local school system. BESE shall provide for the
transfer of such funds from the appropriate local school system to OJJ.
(4)OJJ shall expend all MFP funds allocated to it to operate the alternative schools
located in secure care facilities under its jurisdiction.
(5)BESE, in collaboration with OJJ, shall develop an equitable means by which to
identify and determine the number of students eligible for funding pursuant to
proposed law.
Present law requires BESE to adopt rules and regulations to assure that no funds provided
through the MFP or any other state or federal program shall supplant any other funding
provided to OJJ for the educational services for such children. Proposed law retains present
law.
(Amends R.S. 17:100.1(C))