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Regular Session, 2010
SENATE BILL NO. 485
BY SENATOR MORRELL
SCHOOLS. Provides relative to the provision of special education and related services in
charter schools. (8/15/10)
AN ACT1
To amend and reenact R.S. 17:3981, 3982(A)(1)(a), 3983(A)(3)(c), 3991(B)(7), (8), (9),2
(10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), 3998(C),3
and to enact R.S. 17:3991(B)(24) and (25), 3996(B)(24) and (25), relative to charter4
schools; to provide for the powers and duties of the State Board of Elementary and5
Secondary Education; to provide for the development of a model compliance plan6
for the provision of special education and related services; to provide for the7
chartering process; to provide for the review of proposed charters by the state board;8
to provide for the required contents of a proposed charter; to provide for the review9
of and action related to proposed charters by a city, parish, or other local public10
school board; to provide for the applicability of laws to charter schools; to provide11
for reporting requirements; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 17:3981, 3982(A)(1)(a), 3983(A)(3)(c), 3991(B)(7), (8), (9), (10),14
(11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), 3998(C) are hereby15
amended and reenacted, and R.S. 17:3991(B)(24) and (25), 3996(B)(24) and (25) are hereby16
enacted to read as follows:17 SB NO. 485
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§3981. State Board of Elementary and Secondary Education; powers and duties1
relative to charter schools2
The State Board of Elementary and Secondary Education shall:3
(1) Administer loans as provided in Part VI of this Chapter for assisting in4
meeting the costs required to establish a charter school as well as and the costs of5
operation.6
(2) Enter into any proposed charter that complies with the provisions of this7
Chapter and the rules adopted pursuant to the authority in this Chapter that the board8
determines is a valid, complete, financially well-structured, and educationally sound9
proposal that offers potential for fulfilling the purposes of this Chapter.10
(3) Adopt, pursuant to the Administrative Procedure Act, such rules as the11
board determines is are necessary to efficiently, effectively, and fairly undertake its12
duties.13
(4) Develop, by January 1, 2011, a model compliance plan for the14
provision of special education and related services in charter schools. The15
model compliance plan may include, but shall not be limited to, a description16
of the method of special education service delivery, the procedures for17
conducting evaluations and developing Individual Education Programs, the18
arrangements for ensuring the provision of related services, the strategies for19
ensuring the pupil is educated in his or her least restrictive environment and the20
arrangements for ensuring that the full continuum of special education21
placements is available, the disciplinary policies and procedures related to22
students with exceptionalities, including the responsibilities of the charter school23
when a pupil is recommended for expulsion, and the mechanism for special24
education funding.25
(4) (5) Review each proposed charter in a timely manner and in the order in26
which submitted and determine whether each proposed charter complies with the law27
and rules and whether the proposal is valid, complete, financially well-structured,28
educationally sound, whether it provides for a master plan for improving29 SB NO. 485
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behavior and discipline in accordance with R.S. 17:252, whether it provides a1
plan for collecting data in accordance with R.S. 17:3911, whether it provides a2
compliance plan for the provision of special education and related services3
pursuant to Paragraph (4) of this Section, and whether it offers potential for4
fulfilling the purposes of this Chapter. The board shall engage in an application5
review process that complies with the latest Principles and Standards for Quality6
Charter School Authorizing, as promulgated by the National Association of Charter7
School Authorizers, and shall provide for an independent evaluation of the charter8
proposal by a third party with educational, organizational, legal, and financial9
expertise.10
(5) (6) Determine the policy and provide direction to the state Department of11
Education for providing the oversight of the operation of charter schools chartered12
with the board.13
(6) (7) Upon the request of any school system with fewer than five thousand14
students, provide technical assistance to the system in determining the potential15
financial impact of any proposed charter school on the operation of the system.16
§3982. Local school boards; duties17
A.(1)(a) Local A city, parish, or other local public school boards board18
shall comply with R.S. 17:3983 and shall review and formally act upon each19
proposed charter within thirty days of its submission and in the order in which20
submitted. In doing such review, the local school board shall determine whether each21
proposed charter complies with the law and rules, whether the proposal is valid,22
complete, financially well-structured, and educationally sound, whether it provides23
for a master plan for improving behavior and discipline in accordance with R.S.24
17:252, whether it provides a plan for collecting data in accordance with R.S.25
17:3911, whether it provides a compliance plan for the provision of special26
education and related services pursuant to R.S. 17:3981(4), and whether it offers27
potential for fulfilling the purposes of this Chapter. The local board shall engage in28
an application review process that complies with the latest Principles and Standards29 SB NO. 485
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for Quality Charter School Authorizing, as promulgated by the National Association1
of Charter School Authorizers, and shall provide for an independent evaluation of2
the charter proposal by a third party with educational, organizational, legal, and3
financial expertise.4
* * *5
§3983. Chartering process by type; eligibility; limitations; faculty approval;6
parental approval7
A.8
* * *9
(3)10
* * *11
(c) Each proposal received by the state board shall be carefully reviewed and12
shall be approved only after there has been a specific determination by the board that13
the proposed school will be operated in compliance with all applicable state and14
federal laws, rules, and regulations, that the accounting and financial practices to be15
used are sound and in accordance with generally accepted standards for similar16
entities, and that the educational program to be offered will comply with all17
requirements of this Chapter and be based on generally accepted education research18
findings applicable to the pupils to be served including but not limited to school19
discipline practices and policies that incorporate positive behavior interventions20
and supports, restorative justice, and other research-based discipline practices21
and classroom management strategies and otherwise conform to the model22
master discipline plan required in accordance with R.S. 17:252.23
* * *24
§3991. Charter schools; requirements; limitations; renewal; amendment; revocation25
* * *26
B. Each proposed charter shall contain or make provision for the following:27
* * *28
(7) A plan on how the proposed charter will meet the needs of students29 SB NO. 485
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with exceptionalities. The plan shall be based upon the model compliance plan1
promulgated by the State Board of Elementary and Secondary Education2
pursuant to R.S. 17:3981(4).3
(7) (8) A description of the education program offered by the school and how4
specifically that program will meet the needs of the at-risk pupils to be served.5
(8) (9) The specific academic and other educational results to be achieved,6
the timelines for such achievement, and how results will be measured and assessed.7
(9) (10) An agreement to provide a report at the end of each semester to8
parents of pupils enrolled in the school, the community, the local school board and9
the state board indicating progress toward meeting the performance objectives as10
stated in the charter.11
(10) (11) The organizational, governance, and operational structure of the12
school. Any qualifications required of charter school administrators and governing13
board members shall be as prescribed in the charter school agreement.14
(11) (12) Policies, programs, and practices to ensure parental involvement,15
including a plan to educate parents on their educational rights pursuant to state16
and federal law.17
(12) (13) Personnel policies and employment practices applicable to the18
school's officers and employees.19
(13) (14) Manner in which teachers and other school employees will be20
evaluated.21
(14) (15) School rules and regulations applicable to pupils including22
disciplinary policies and procedures that must incorporate research-based23
discipline programs, such as positive behavioral interventions and supports and24
restorative justice principles in accordance with R.S. 17:252.25
(15) (16) Information concerning the school location and the adequacy of its26
facilities and equipment. Such information shall include a statement of the27
procedures to be followed and disposition of facilities and equipment should the28
charter be terminated or not renewed.29 SB NO. 485
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(16) (17) Management and accounting practices to be employed.1
(17) (18) Provisions regarding liability issues.2
(18) (19) Types and amounts of insurance coverage provided.3
(19) (20) The methods and procedures to be used for monitoring the charter4
school by the chartering authority. Such methods and procedures shall be established5
through agreement by all parties and shall include the right of the chartering6
authority and its designated officer to visit and inspect the charter school on a7
reasonable basis.8
(20) (21) A requirement that curriculum shall be focused on the intellectual9
domain with intellectual development defined as acquisition of discrete technical and10
academic skills. No curriculum at a charter school shall be offered that would limit11
in any way the ability of a pupil to attend the school in the public school system that12
the student would otherwise attend if not enrolled at the charter school.13
(21) (22) A requirement that charter schools regularly assess the academic14
progress of their pupils, including the participation of such pupils in the state testing15
programs, and share such information with parents. The state Department of16
Education shall work directly with each charter school regarding the implementation17
of the state testing program in those schools.18
(22) (23) A requirement that a pupil shall have a mastery of grade-appropriate19
skills before the pupil can be recommended for promotion or promoted.20
(23) (24) Provisions regarding the security of the school. If a local school21
board provides security services for its schools then it shall make such services22
available to any of its type 1, 3 or 4 charter schools on terms as provided within the23
charter agreement.24
(25) A plan for collecting data in accordance with R.S. 17:3911.25
* * *26
§3996. Charter schools; exemptions27
* * *28
B. Notwithstanding any state law, rule, or regulation to the contrary and29 SB NO. 485
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except as may be otherwise specifically provided for in an approved charter, a1
charter school established and operated in accordance with the provisions of this2
Chapter and its approved charter and the school's officers and employees shall be3
exempt from all statutory mandates or other statutory requirements that are4
applicable to public schools and to public school officers and employees except for5
the following laws otherwise applicable to public schools with the same grades:6
* * *7
(24) School master plans for supporting student behavior and discipline,8
R.S. 17:252.9
(25) Data collection system, R.S. 17:3911.10
* * *11
§3998. Reports12
* * *13
C. The state board shall annually report to the governor and to the Senate14
and House Committees on Education no later than January 1, 2001, on its initial15
findings including recommendations to modify, expand, or terminate the approach16
an analysis of the charter school data reported to the state pursuant to R.S.17
17:3911, including data related to the enrollment and retention of students with18
exceptionalities.19
* * *20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sherri H. Breaux.
DIGEST
Present law provides for the powers and duties of the State Board of Elementary and
Secondary Education (BESE) with respect to charter schools, including the following:
(1)Administer loans for assisting in meeting the costs required to establish a charter
school and the costs of operation.
(2)Enter into any proposed charter that complies with law or rule that BESE determines
is a valid, complete, financially well-structured, and educationally sound proposal.
(3)Adopt rules in accordance with the APA.
(4)Review each proposed charter and make certain determinations. SB NO. 485
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(5)Determine the policy and provide direction to the state Dept. of Education for
providing the oversight of the operation of charter schools chartered with the board.
(6)Upon the request of any school system with fewer than 5,000 students, provide
technical assistance to the system in determining the potential financial impact of
any proposed charter school on the operation of the system.
Proposed law also provides for the development, by January 1, 2011, a model compliance
plan for the provision of special education and related services in charter schools. Provides
that the model compliance plan may include, but shall not be limited to, a description of the
method of special education service delivery, the procedures for conducting evaluations and
developing Individual Education Programs, the arrangements for ensuring the provision of
related services, the strategies for ensuring the pupil is educated in his or her least restrictive
environment and the arrangements for ensuring that the full continuum of special education
placements is available, the disciplinary policies and procedures related to students with
exceptionalities, including the responsibilities of the charter school when a pupil is
recommended for expulsion, and the mechanism for special education funding.
Proposed law further provides that the BESE review of each proposed charter also determine
whether it provides for a master plan for improving behavior and discipline, whether it
provides a plan for collecting data, and whether it provides a compliance plan for the
provision of special education and related services.
Present law requires local school boards to review and formally act upon each proposed
charter within 30 days of its submission and in the order in which submitted. Requires the
local school board to determine whether each proposed charter complies with the law and
rules, whether the proposal is valid, complete, financially well-structured, and educationally
sound, and whether it offers potential for fulfilling the purposes of law. Further requires the
local board to 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, and provide for an independent
evaluation of the charter proposal by a third party with educational, organizational, legal, and
financial expertise. Provides that school boards which govern a local system that has been
declared to be in academic crisis shall not consider, review, or act upon charter applications
for a Type 1 charter school and shall notify the proponents of any pending Type 1 charter
proposal or any newly submitted Type 1 charter proposal that the board is ineligible to act
on such applications and that each such application may be submitted to the state board as
a Type 2 proposal.
Proposed law retains present law but requires the local school board to also determine
whether proposed charter provides for a master plan for improving behavior and discipline,
whether it provides a plan for collecting data, and whether it provides a compliance plan for
the provision of special education and related services.
Present law requires BESE to accept applications for charters only from April 1 through
October 31 of each year, and review and take action on every application it receives.
Prohibits BESE from approving any charter application before May 1 of each year. Requires
each proposal received by BESE to be carefully reviewed and be approved only after there
has been a specific determination that the proposed school will be operated in compliance
with state and federal law and regulation, that the accounting and financial practices to be
used are sound, and that the educational program to be offered will be based on generally
accepted education research findings applicable to the pupils to be served.
Proposed law retains present law but also requires that the educational program to be offered
also be based on accepted research findings relative to school discipline practices and
policies that incorporate positive behavior interventions and supports, restorative justice, and
other research-based discipline practices and classroom management strategies and
otherwise conform to the model master discipline plan. SB NO. 485
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Present law requires each proposed charter to contain or make provision for the following:
(1)Percentages of students who are at-risk based on the October 1 pupil membership,
the requirements of which are provided in present law.
(2)A statement of the school's role, scope, and mission.
(3)Admission requirements, if any, that are consistent with the school's role, scope, and
mission. Specifies such requirements in present law.
(4)A description of the jurisdiction within which a pupil must reside or otherwise be
eligible to attend a public school in order to be eligible for admission.
(5)A financial and accounting plan sufficient to permit a governmental audit.
(6)A description of how the proposed charter school fulfills purposes in law.
(7)A description of the education program offered by the school and how specifically
that program will meet the needs of the at-risk pupils to be served.
(8)The specific academic and other educational results to be achieved, the timelines for
such achievement, and how results will be measured and assessed.
(9)An agreement to provide a report at the end of each semester to parents, the
community, the local school board and the state board indicating progress toward
meeting the performance objectives of the charter.
(10)The organizational, governance, and operational structure of the school.
(11)Policies, programs, and practices to ensure parental involvement.
(12)Personnel policies and employment practices for the school's officers and employees.
(13)Manner in which teachers and other school employees will be evaluated.
(14)School rules and regulations applicable to pupils including disciplinary policies and
procedures.
(15)Information concerning the school location and the adequacy of its facilities and
equipment.
(16)Management and accounting practices to be employed.
(17)Provisions regarding liability issues.
(18)Types and amounts of insurance coverage provided.
(19)The methods and procedures to be used for monitoring the charter school by the
chartering authority.
(20)A requirement that curriculum shall be focused on the intellectual domain. Prohibits
the curriculum at a charter school from being offered that would limit in any way the
ability of a pupil to attend the school in the public school system that the student
would otherwise attend if not enrolled at the charter school.
(21)A requirement that charter schools regularly assess the academic progress of their
pupils, including the participation in the state testing programs, and share such
information with parents. SB NO. 485
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(22)A requirement that a pupil have a mastery of grade-appropriate skills before the pupil
can be recommended for promotion or promoted.
(23)Provisions regarding the security of the school.
Proposed law retains present law but additionally provides as follows:
(1)Requires that the proposed charter contain a plan on how the proposed charter will
meet the needs of students with exceptionalities, to be based upon the model
compliance plan promulgated pursuant to BESE rule.
(2)Requires that the proposed charter contain a plan for collecting data for reporting to
the Dept. of Education to be used for the purpose of the data collection and analysis
system for creating progress profiles.
(3)Provides for the present law requirement that the proposed charter contain policies,
programs, and practices to ensure parental involvement also include a plan to educate
parents on their educational rights pursuant to state and federal law.
(4)Provides for the present law requirement that the proposed charter contain school
rules and regulations applicable to pupils including disciplinary policies and
procedures to incorporate research-based discipline programs, such as positive
behavioral interventions and supports and restorative justice principles.
Present law exempts charter schools from all statutory mandates applicable to public
schools, including officers and employees thereof, except for certain laws as specified in
present law that are otherwise applicable to public schools with the same grades, and makes
references to such exceptions.
Proposed law includes in the exception for certain specified in present law, school master
plans for supporting student behavior and discipline (R.S. 17:252).
Present law requires each chartering authority to report to BESE on the number of schools
chartered, the status of those schools, and any recommendations by July 1 of each year.
Requires each charter school to provide a comprehensive report to its chartering authority
at the end of the third year. Provides that if the charter school is achieving its stated goals
and objectives pursuant to its approved charter, then the charter will be extended for the
additional two-year period. Requires BESE to review information regarding the laws,
regulations, and policies from which charter schools were exempt pursuant in present law
to determine if the exemptions assisted or impeded the charter schools in meeting their stated
goals and objectives.
Proposed law retains present law.
Present law further requires BESE to report to the governor and to the Senate and House
committees on education no later than January 1, 2001, on its initial findings including
recommendations to modify, expand, or terminate the approach.
Proposed law instead requires such BESE report to the governor and to the Senate and House
committees on education to be an analysis of the charter school data reported to the state,
including such data related to the enrollment and retention of students with exceptionalities.
Effective August 15, 2010.
(Amends R.S. 17:3981, 3982(A)(1)(a), 3983(A)(3)(c), 3991(B)(7), (8), (9), (10), (11), (12),
(13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), 3998(C); and adds R.S.
17:3991(B)(24) and (25), 3996(B)(24) and (25))