SLS 10RS-927 REENGROSSED Page 1 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2010 SENATE BILL NO. 509 BY SENATOR LONG AND REPRESENTATIVES ARMES, BOBBY BADON, BILLIOT, BURFORD, CARMODY, CHANDLER, CHANEY, DOERGE, FANNIN, GUILLORY, HAZEL, HENDERSON, HINES, HOFFMANN, HOWARD, HUTTER, JOHNSON, SAM JONES, NOWLIN, POPE, PATRICIA SMITH, ST. GERMAIN AND WOOTON SCHOOLS. Includes the Louisiana School for Math, Science, and the Arts and the New Orleans Center for the Creative Arts in the MFP. (gov sig) AN ACT1 To amend and reenact R.S. 17:1970.27(A) and to enact R.S. 17:1968.1 and to repeal R.S.2 17:1969, relative to funding for the Louisiana School for Math, Science, and the Arts3 and the New Orleans Center for the Creative Arts; to provide for the inclusion of the4 schools in the minimum foundation program formula; to provide for the allocation5 of minimum foundation program funds attributable to such inclusion; to provide6 relative to appropriations from the state general fund; to provide relative to the7 annual budget of the Louisiana School for Math, Science, and the Arts; and to8 provide for related matters.9 Be it enacted by the Legislature of Louisiana:10 Section 1. R.S. 17:1970.27(A) is hereby amended and reenacted and R.S. 17:1968.111 is hereby enacted to read as follows: 12 §1968.1. Funding; inclusion in the minimum foundation program formula;13 other appropriated state funds14 A.(1)The board of directors of the Louisiana School for Math, Science,15 and the Arts annually shall prepare and adopt a recommended formula to16 adequately fund the educational programs at the school. The formula shall17 SB NO. 509 SLS 10RS-927 REENGROSSED Page 2 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. have as its goal to provide state funding for the school which shall not be less1 than the average funding on a per student basis at peer institutions in other2 states having similar programs and enrollments and may provide for achieving3 its goal over a multi-year period. The recommended formula shall be submitted4 to the division of administration as the total budget request for the school.5 (2) Funding for the school shall be provided through appropriations6 made directly to the school from the state general fund and through funds7 appropriated for the minimum foundation program and allocated to the school8 by the Department of Education.9 B.(1) For the purposes of this Section, the Louisiana School for Math,10 Science, and the Arts shall be considered a public secondary school and, as such,11 shall be included by the State Board of Elementary and Secondary Education12 in the formula required by Article VIII, Section 13 of the Constitution of13 Louisiana used to determine the cost of a minimum foundation program of14 education in all public elementary and secondary schools.15 (2) Minimum foundation program funds allocated to the school shall be16 based upon the school's enrollment, which shall be determined in the same17 manner as for other public schools, and each student shall be funded at one18 hundred percent of the base per pupil amount as contained in the minimum19 foundation program budget letter approved by the State Board of Elementary20 and Secondary Education.21 C. The amount of funding for any budget request submitted as provided22 in this Section that is not provided through the minimum foundation program23 formula shall be determined by the legislature.24 * * *25 §1970.27. Funding; acceptance of other funds26 A. (1) Funds for the operation of the center New Orleans Center for the27 Creative Arts and the programs provided by the center New Orleans Center for28 the Creative Arts shall come from monies appropriated therefor by the legislature29 SB NO. 509 SLS 10RS-927 REENGROSSED Page 3 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. and through funds appropriated for the minimum foundation program and1 allocated to the school by the Department of Education.2 (2) For the purposes of this Section, the New Orleans Center for the3 Creative Arts shall be considered a public secondary school and, as such, shall4 be included by the State Board of Elementary and Secondary Education in the5 formula required by Article VIII, Section 13 of the Constitution of Louisiana6 used to determine the cost of a minimum foundation program of education in7 all public elementary and secondary schools.8 (3) Minimum foundation program funds allocated to the New Orleans9 Center for the Creative Arts shall be based upon that portion of the New10 Orleans Center for the Creative Arts' enrollment which is not included in the11 enrollment count for the minimum foundation program of any city, parish, or12 other local public school system and each student shall be funded at one13 hundred percent of the state base per pupil amount as contained in the14 minimum foundation program budget letter approved by the State Board of15 Elementary and Secondary Education.16 (4) The amount of funding for any budget request submitted as provided17 in this Section that is not provided through the minimum foundation program18 formula shall be determined by the legislature.19 * * *20 Section 2. R.S. 17:1969 is hereby repealed in its entirety.21 Section 3. This Act shall become effective upon signature by the governor or, if not22 signed by the governor, upon expiration of the time for bills to become law without signature23 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24 vetoed by the governor and subsequently approved by the legislature, this Act shall become25 effective on the day following such approval.26 SB NO. 509 SLS 10RS-927 REENGROSSED Page 4 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. The original instrument was prepared by Jeanne Johnston. The following digest, which does not constitute a part of the legislative instrument, was prepared by Michelle Broussard-Johnson. DIGEST Long (SB 509) Proposed law (R.S. 17:1968.1) provides with respect to the Louisiana School for Math, Science, and the Arts and the New Orleans Center for the Creative Arts as follows: 1. Requires the board of directors of the Louisiana School for Math, Science, and the Arts and the New Orleans Center for the Creative Arts to annually prepare and adopt a recommended formula to adequately fund the school's educational programs. The goal of such formula is to provide state funding for the schools which is not less than the average per student funding at peer institutions in other states having similar programs and enrollments and may provide for achieving its goal over a multi-year period. The recommended formula shall be submitted to the div. of administration as the total budget request for the schools. 2. Specifies that funding for the schools shall be achieved through appropriations made directly to the schools from the state general fund and through funds appropriated for the minimum foundation program and allocated to the school by the Dept. of Education. 3. For purposes of proposed law, the schools will be considered a public secondary school and included by the State Board of Elementary and Secondary Education in the minimum foundation program formula (MFP). MFP funds allocated to the school will be based upon the school's enrollment, which shall be determined in the same manner as for other public schools. Each student shall be funded at 100% of the base per pupil amount as contained in the MFP budget letter approved by BESE. 4. The amount of funding for the respective school's budget request not provided through the MFP shall be determined by the legislature. Present law (R.S. 17:1969) requires the board of directors of the Louisiana School for Math, Science, and the Arts to annually prepare and adopt a recommended formula to adequately fund the school's educational programs. The goal of this formula is to provide state funding for the school which is not less than the average per student funding at peer institutions in other states having similar programs and enrollments and may provide for achieving its goal over a multi-year period. These provisions of present law were incorporated into proposed law. Present law provides that, prior to approval, BESE may return the formula adopted by the board of directors and may recommend an amended formula for consideration by the board for submission to BESE for approval. Provides that if BESE fails to approve the formula most recently adopted by the board of directors, the last formula adopted by the board and approved by BESE shall be used to adequately fund the educational programs at the school. Requires the board of directors of the school to annually request sufficient monies to fully fund the cost to the state for the school based on the adopted and approved formula and to submit their budget request to the Joint Legislative Committee on the Budget. Provides that if the BESE fails to approve the formula developed by the school's board of directors, the board shall prepare its annual budget request as otherwise provided by law. SB NO. 509 SLS 10RS-927 REENGROSSED Page 5 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Provides that the amount of funding for any budget request submitted by the board shall be determined by the legislature. Proposed law repeals present law. Effective upon signature by the governor or lapse of time for gubernatorial action. (Amends R.S. 17:1970.27(a); adds R.S. 17:1968.1; repeals R.S. 17:1969) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Education to the original bill. 1. Deletes requirement that the legislature annually fund the school at a level not less than the average per student funding provided to peer institutions. 2. Changes method of computation of student enrollment count. 3. Deletes language providing that MFP funding shall not supplant historical SGF funding of the school and provides that the level of funding outside of the MFP shall be determined by the legislature. Senate Floor Amendments to reengrossed bill. 1. Adds the New Orleans Center for the Creative Arts in the MFP.