Louisiana 2010 2010 Regular Session

Louisiana Senate Bill SB509 Engrossed / Bill

                    SLS 10RS-927	REENGROSSED
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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
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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
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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
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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
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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.