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Regular Session, 2010
SENATE BILL NO. 344
BY SENATORS DUPLESSIS, APPEL, BROOME, DONAHUE, LAFLEUR, MARTINY
AND QUINN AND REPRESENTATIVES BOBBY BADON, HENRY
BURNS, TIM BURNS, CARMODY, CHAMPAGNE, CONNI CK,
GISCLAIR, HARDY, HOFFMANN, KATZ, LABRUZZO, LIGI,
NOWLIN, RICHARD, ROBIDEAUX, SIMON, SMILEY, WILLIAMS
AND WOOTON
SCHOOLS. Provide relative to submission and review of charter school proposals and
charter renewals. (8/15/10)
AN ACT1
To amend and reenact R.S. 17:3982(A)(1)(a) and (2) and (B), and 3992(A)(1) and (2),2
relative to charter schools; to provide relative to the process for submission, review,3
and approval of charter school proposals and renewal of charters; to provide relative4
to the use of local school board facilities and property by a chartering group; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:3982(A)(1)(a) and (2) and (B), and 3992(A)(1) and (2) are hereby8
amended and reenacted to read as follows: 9
§3982. Local school boards; duties10
A.(1)(a)(i) Local school boards shall comply with R.S. 17:3983 and shall11
review and formally act upon each proposed charter within thirty ninety 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, and whether it offers potential for fulfilling the purposes of this16
Chapter. The local board shall engage in an a transparent application review17 SB NO. 344
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process that complies with the latest Principles and Standards for Quality Charter1
School Authorizing, as promulgated by the National Association of Charter School2
Authorizers, and shall provide for an independent evaluation of the charter proposal3
by a third party with educational, organizational, legal, and financial expertise.4
(ii) A local school board may accept charter proposals until February5
twenty-eighth of each year and shall provide written notification of its final6
decision on a charter proposal submitted for its review to the chartering group7
not later than May thirty-first. Notifications of charter proposals denied shall8
include written explanation of the reasons for such denial.9
* * *10
(2) Such formal review and action does not require final approval or11
disapproval of such charter school proposal within thirty days, but within such time12
the local school board shall indicate whether it is interested in working with the13
charter school group on its proposal and what specific time line and procedures the14
local school board will follow prior to coming to a final decision. If the local school15
board expresses within thirty days no interest in working with the group, or if The16
local school board shall make public through its website, and in printed form17
upon request, the guidelines for submitting a charter proposal, all forms18
required for submission of a charter proposal, the timelines established for19
accepting and reviewing charter proposals, the process that will be used to20
review charter proposals submitted to the board, and the name and contact21
information for a primary point of contact for charter proposals. If no final22
decision is received within sixty ninety days after the submission of the proposal,23
then the chartering group may submit its proposal to the state board for its review.24
The local board shall make public the process used to review any charter proposals25
received.26
B. Local school boards shall make available to chartering groups any vacant27
school facilities or any facility slated to be vacant for lease or purchase at up to fair28
market value. In the case of a Type 2 charter school created as a result of a29 SB NO. 344
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conversion, the facility and all property within the existing school shall also be made1
available to that chartering group under similar terms. In return for the use of the2
facility and its contents, the chartering group shall pay a proportionate share of the3
local school board's bonded indebtedness to be calculated in the same manner as set4
forth in R.S. 17:1990(C)(2)(a)(i). If such facilities were constructed at no cost to the5
local school board, then such facilities including all equipment, books, instructional6
materials, and furniture within such facilities shall be provided to the charter school7
at no cost.8
* * *9
§3992. Charter revision and renewal10
A.(1) Unless revoked as provided for in Subsection C of this Section, an11
approved school charter shall be valid for an initial period of five years, contingent12
upon the results of the reporting requirements at the end of the third year as provided13
in R.S. 17:3998(A)(2), and may be renewed for additional periods of not less than14
three nor more than ten years after thorough review by the approving chartering15
authority of the charter school's operations and compliance with charter16
requirements. The process for renewing a school charter shall be the same as for17
initial charter approval, with a written report being provided annually to the18
chartering authority regarding the school's academic progress that year. The19
chartering authority shall notify the chartering group in writing of any20
decisions made relative to the renewal or nonrenewal of a school's charter not21
later than January thirty-first of the year in which the charter would expire.22
Notifications of charter proposals denied shall include written explanation of23
the reasons for such denial. Pursuant to Subsection C of this Section and using such24
annual review process, a charter may be revoked for failure to meet agreed-upon25
academic results as specified in the charter.26
(2)(a) No charter shall be renewed unless the charter renewal applicant can27
demonstrate, using standardized test scores, improvement in the academic28
performance of pupils over the term of the charter school's existence.29 SB NO. 344
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(b) Each charter school shall be provided by its chartering authority1
with the criteria and procedures that will be used when considering whether to2
renew a school's charter.3
(c) A charter school which has met or exceeded the benchmarks4
established for it in accordance with the school and district accountability5
system, has demonstrated growth in student academic achievement, and has6
had no significant audit findings shall be deemed a high-performing school and7
such school's charter shall be automatically renewed.8
* * *9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Duplessis (SB 344)
Present law requires a local school board to review and formally act upon each proposed
charter within 30 days of its submission. Further provides that the local board engage in an
application review process that complies with the latest Principles and Standards for Quality
Charter School Authorizing as promulgated by the National Association of Charter School
Authorizers.
Proposed law extends the time frame within which a local school board must act upon a
charter school proposal to within 90 days of its submission and specifies that the local
board's review process be transparent.
Proposed law provides that a local school board may accept charter proposals until February
28
th
of each year and shall provide written notification of its final decision on a charter
proposal submitted for its review to the chartering group not later than May 31
st
. Further
provides that notifications of charter proposals denied shall include a written explanation of
the reasons for such denial.
Present law provides that a local school board's formal review and action does not require
final approval or disapproval within 30 days, but within such time the local school board
shall indicate whether it is interested in working with the charter school group on its
proposal and what specific timelines and procedures the board will follow prior to coming
to a final decision. Further provides that if the local school board expresses no interest in
working with the group or if no final decision is received within 60 days after submission
of the proposal, then the chartering group may submit its proposal to BESE for its review.
Proposed law deletes provisions that allow a local school board to refrain from final action
on a submitted charter proposal within the specified time frame and instead requires the local
school board to make public through its website, and in printed form upon request, the
following: SB NO. 344
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1. Guidelines for submitting a charter proposal.
2. Forms required for submission of a charter proposal.
3. The timelines established for accepting and reviewing charter proposals.
4. The process that will be used to review charter proposals.
5. The name and contact information for the primary point of contact for charter
proposals.
Proposed law deletes the 30 day time frame provided for response to a submitted charter
proposal provided in present law and instead provides that if no final decision is received
within 90 days after submission of a proposal, the chartering group may submit its proposal
to BESE for review.
Present law requires that local school boards make vacant school facilities of any facility
slated to be vacant available to chartering groups for lease or purchase at fair market value.
Proposed law deletes the requirement that local school board make facilities available to
chartering groups "at fair market value" and instead provides that such facilities be made
available "up to" fair market value.
Present law requires the chartering group, in return for use of such facilities, to pay a share
of the local board's bonded indebtedness associated with such facilities, to be calculated in
accordance with applicable law.
Proposed law specifies that the chartering group shall pay a proportionate share of the local
school board's bonded indebtedness related to such facilities.
Present law provides that for a Type 2 charter created as the result of a conversion, the
facility and all property within the existing school shall also be made available to the
chartering group under similar terms.
Proposed law deletes the requirement that facilities be provided to these Type 2 charters
"under similar terms."
Present law provides that an approved charter shall be valid for an initial period of 5 years
and may be renewed for additional periods of not less than 3 nor more than 10 years.
Provides that the process for renewing a school charter shall be the same as for initial charter
approval.
Proposed law retains these provisions and additionally provides that the chartering authority
shall notify a chartering group in writing of any decisions made relative to the renewal or
non-renewal of a school's charter not later than January 31
st
of the year in which the charter
would expire. Further provides that notifications of charter proposals denied shall include
a written explanation of the reasons for such denial.
Present law provides that no charter shall be renewed unless the charter renewal applicant
can demonstrate using standardized test scores, improvement in the academic performance
of pupils over the term of the charter school's existence.
Proposed law retains these provisions and additionally provides that:
1. Each charter school must be provided by the chartering authority with the criteria
and procedures that will be used when considering whether to renew a school's
charter. SB NO. 344
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2. A charter school which has met or exceeded the benchmarks established for it in
accordance with the school and district accountability system, has demonstrated
growth in student achievement, and has had no significant audit findings shall be
deemed a high-performing school and its charter shall be automatically renewed.
Effective August 15, 2010.
(Amends R.S. 17:3982(A)(1)(a) and (2) and (B), and 3992(A)(1) and (2))