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Regular Session, 2010 ENROLLED
SENATE BILL NO. 344
BY SENATORS DUPLESSIS, APPEL, BROOME, DONAHUE, LAFLEUR, MARTINY
AND QUINN AND REPRESENTATIVES BOBBY BADON, HENRY
BURNS, TIM BURNS, CARMODY, CHAMPAGNE, CONNICK,
GISCLAIR, HARDY, HOFFMANN, KATZ, LABRUZZO, LIGI,
NOWLIN, RICHARD, ROBIDEAUX, SIMON, SMILEY, WILLIAMS
AND WOOTON
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
process that complies with the latest Principles and Standards for Quality Charter18
School Authorizing, as promulgated by the National Association of Charter School19
Authorizers, and shall provide for an independent evaluation of the charter proposal20
by a third party with educational, organizational, legal, and financial expertise.21
ACT No. 334 SB NO. 344 ENROLLED
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(ii) A local school board may accept charter proposals until February1
twenty-eighth of each year and shall provide written notification of its final2
decision to the chartering group. Notifications of charter proposals denied shall3
include written explanation of the reasons for such denial.4
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(2) Such formal review and action does not require final approval or6
disapproval of such charter school proposal within thirty days, but within such time7
the local school board shall indicate whether it is interested in working with the8
charter school group on its proposal and what specific time line and procedures the9
local school board will follow prior to coming to a final decision. If the local school10
board expresses within thirty days no interest in working with the group, or if The11
local school board shall make public through its website, and in printed form12
upon request, the guidelines for submitting a charter proposal, all forms13
required for submission of a charter proposal, the timelines established for14
accepting and reviewing charter proposals, the process that will be used to15
review charter proposals submitted to the board, and the name and contact16
information for a primary point of contact for charter proposals. If no final17
decision is received within sixty ninety days after the submission of the proposal,18
then the chartering group may submit its proposal to the state board for its review.19
The local board shall make public the process used to review any charter proposals20
received.21
B. Local school boards shall make available to chartering groups any vacant22
school facilities or any facility slated to be vacant for lease or purchase at up to fair23
market value. In the case of a Type 2 charter school created as a result of a24
conversion, the facility and all property within the existing school shall also be made25
available to that chartering group under similar terms. In return for the use of the26
facility and its contents, the chartering group shall pay a proportionate share of the27
local school board's bonded indebtedness to be calculated in the same manner as set28
forth in R.S. 17:1990(C)(2)(a)(i). If such facilities were constructed at no cost to the29
local school board, then such facilities including all equipment, books, instructional30 SB NO. 344 ENROLLED
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materials, and furniture within such facilities shall be provided to the charter school1
at no cost.2
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§3992. Charter revision and renewal4
A.(1) Unless revoked as provided for in Subsection C of this Section, an5
approved school charter shall be valid for an initial period of five years, contingent6
upon the results of the reporting requirements at the end of the third year as provided7
in R.S. 17:3998(A)(2), and may be renewed for additional periods of not less than8
three nor more than ten years after thorough review by the approving chartering9
authority of the charter school's operations and compliance with charter10
requirements. The process for renewing a school charter shall be the same as for11
initial charter approval, with a written report being provided annually to the12
chartering authority regarding the school's academic progress that year. The13
chartering authority shall notify the chartering group in writing of any14
decisions made relative to the renewal or nonrenewal of a school's charter not15
later than January thirty-first of the year in which the charter would expire.16
A notification that a charter will not be renewed shall include written17
explanation of the reasons for such non-renewal. Pursuant to Subsection C of this18
Section and using such annual review process, a charter may be revoked for failure19
to meet agreed-upon academic results as specified in the charter.20
(2)(a) No charter shall be renewed unless the charter renewal applicant can21
demonstrate, using standardized test scores, improvement in the academic22
performance of pupils over the term of the charter school's existence.23
(b) Each charter school shall be provided by its chartering authority24
with the criteria and procedures that will be used when considering whether to25
renew a school's charter.26
(c) A charter school which has met or exceeded for the three preceding27
school years the benchmarks established for it in accordance with the school28
and district accountability system, has demonstrated growth in student29
academic achievement for the three proceeding schools years, and has had no30 SB NO. 344 ENROLLED
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significant audit findings during the term of the charter agreement shall be1
deemed a high-performing school, and such school's charter shall be2
automatically renewed.3
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: