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Regular Session, 2010
SENATE BILL NO. 695
BY SENATOR DUPLESSIS
BESE. Authorizes BESE to exempt a school board from certain laws, rules, and regulations
pursuant to a request and proposal for increasing quality of instruction and academic
achievement from the school board. (gov sig)
AN ACT1
To enact Chapter 44 of Title 17 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 17:4031 through 4040, relative to public elementary and secondary3
education; to authorize the State Board of Elementary and Secondary Education to4
exempt school districts from various laws and regulations pertaining to education;5
to provide procedures regarding a request for and approval of such waivers; to6
provide for terms and conditions on such waivers; to provide with respect to schools7
within the jurisdiction of the Recovery School District and schools which may be8
transferred to such jurisdiction; to provide for reports; and to provide for related9
matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. Chapter 44 of Title 17 of the Louisiana Revised Statutes of 1950, to be12
comprised of R.S. 17:4031 through 4040, is hereby enacted to read as follows:13
CHAPTER 44. RED TAPE REDUCTION WAIVER PROGRAM14
§4031. Definitions15
As used in this Chapter, unless otherwise clearly indicated, the following16
terms shall mean:17 SB NO. 695
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(1) "Board" means the Louisiana State Board of Elementary and1
Secondary Education.2
(2) "Department" means the state Department of Education.3
(3) "District" means any city, parish, or other local public school4
district, the Recovery School District, and the Special School District.5
(4) "Governing authority" means the governing authority of any public6
elementary or secondary school.7
(5) "Low-performing school" means a school in which half or more of8
the students are performing below grade level, as determined by the board.9
(6) "Superintendent" means the superintendent of any city, parish, or10
other local public school district, the director of the Special School District, and11
the superintendent of the Recovery School District.12
(7) "Waiver" means a waiver granted pursuant to and in accordance13
with this Chapter which exempts the recipient district from any provision of14
this Title or from any rule, regulation, or policy of the board that is applicable15
to public schools and to public school officers and employees. A waiver may be16
granted for any combination of such laws, rules, regulations, or policies.17
However, R.S. 17:158 and 416.2 and laws, rules, and regulations identified in18
R.S. 17:3996(B)(1) through (23) and those related to matters identified in R.S.19
17:3996(A)(1) through (17) shall not be waived.20
§4032. Authority of the board to grant waivers21
Notwithstanding any provision of law to the contrary, the board may,22
upon an adequate showing by a superintendent as set forth in this Chapter and23
with the goal of improving the quality of instruction and student academic24
achievement, issue a waiver to any district.25
§4033. Requests for waivers26
A. A superintendent may request a waiver for any school, any27
combination of schools, or all schools under his district's jurisdiction.28
B. A superintendent may request a waiver for a single school only if the29 SB NO. 695
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school is a low-performing school and may request a waiver for more than one1
school but fewer than all schools in his district only if at least half of the schools2
for which a waiver is requested are low-performing schools.3
C. A superintendent requesting a waiver shall submit to the board a4
written waiver request that does all of the following:5
(1) Identifies the specific laws, rules, regulations, and policies from6
which waiver is sought.7
(2) Identifies the school or schools that will be covered by the waiver.8
(3) Describes the policies and procedures that will be instituted as a9
substitute for the waived provisions.10
(4) Describes how the proposed waiver will accomplish all of the11
following:12
(a) Increase the quality of instruction for students.13
(b) Improve the academic achievement of students.14
(5) Describes, for each school year, specific, measurable educational15
goals and the methods to be used annually to measure progress in meeting such16
goals.17
(6) Explains how the waiver will assist the schools covered by the waiver18
to reach those goals.19
(7) Demonstrates that the waiver will not result in the exclusion of any20
population that any school is serving prior to the waiver.21
§4034. Terms and conditions of waivers for low-performing schools22
A. The board shall require any low-performing school covered by a23
waiver to meet certain terms and conditions aimed at improving teacher24
effectiveness, quality of instruction, and student academic achievement. The25
superintendent of such schools shall:26
(1) Ensure the effectiveness of the school's teachers, as defined by the27
board, by agreeing to do all of the following:28
(a) Propose and implement a plan to reward highly effective educators.29 SB NO. 695
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(b) Identify ineffective educators and provide them with high-quality1
professional development.2
(c) Identify and dismiss persistently ineffective teachers.3
(d) By the end of the second year of the waiver period, ensure that every4
teacher in core, tested subjects, as such subjects are identified by the board, is5
effective.6
(2) Ensure the improvement of the quality of instruction and student7
academic achievement by implementing one of the following four intervention8
options at each low-performing school covered by the waiver:9
(a) Turnaround: Put in place new leadership and a majority of new10
staff, new governance, and improved instructional programs, and provide the11
school with sufficient operational flexibility such as the ability to select staff,12
control its budget, and increase learning time.13
(b) Restart: Convert a school to or close and reopen it under a charter14
or education management organization.15
(c) School Closure: Close the school and place its students in a high-16
performing school within the district.17
(d) Transformation: Hire a new principal and implement a suite of best18
practices including comprehensive instructional management reform and19
measures of effective teaching. The board shall not grant a waiver to a district20
that proposes this option and no superintendent shall use this option for more21
than fifty percent of the low-performing schools covered by the waiver.22
(3) A district that has implemented one or more of the interventions23
described in Paragraph (2) of this Subsection for its low-performing schools in24
the two academic years immediately preceding the waiver application is not25
eligible to receive a waiver for such schools unless both of the following apply:26
(a) The school has met its statewide accountability growth target or27
surpassed the statewide growth average during the prior period of28
implementation.29 SB NO. 695
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(b) The district agrees to implement any remaining conditions of school1
intervention as required by the board.2
B. All schools participating in the intervention options described in3
Paragraph (A)(2) of this Section will receive a suspension of the effects of4
accountability for as long as a waiver remains in effect. Upon termination of the5
waiver, if the school has not met its statewide accountability growth targets, the6
school shall be transferred to the jurisdiction of the Recovery School District7
established in R.S. 17:1990.8
C. A district that entered into a Memorandum of Understanding with9
the board in lieu of having certain schools taken into the Recovery School10
District may request a waiver for such schools. The effects and requirements of11
the Memorandum of Understanding shall be suspended for the duration of the12
waiver. If at the termination of the waiver the school has not met its statewide13
accountability growth targets, the school shall be transferred to the jurisdiction14
of the Recovery School District established in R.S. 17:1990.15
D. If, at the termination of a waiver, any participating school under the16
jurisdiction of the Recovery School District has not met its statewide17
accountability growth targets, the board shall take any one of the following18
actions:19
(1) Transfer management of the school to a charter management20
organization or, if the school is managed by a charter management organization21
at the time of termination, to a new charter management organization, allowing22
the school to remain under the jurisdiction of the Recovery School District.23
(2) Close the school and place its students in a higher performing school24
within the Recovery School District.25
§4035. Grant, denial, or extension of waivers26
A. If the requirements provided in this Chapter are met, the board may27
grant a waiver request or grant a waiver request subject to specified28
modifications in the waiver request. The waiver will be effective for a specified29 SB NO. 695
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period of up to four years unless terminated sooner by the board.1
B. The terms and conditions of any waiver granted pursuant to this2
Chapter shall be reduced to writing by and approved by the board and agreed3
to and signed by the superintendent in the manner prescribed by the board.4
The written document containing the terms and conditions of the waiver shall5
not constitute a contract between the board and the superintendent or any6
governing authority.7
C. The board may, upon request from the superintendent and a8
recommendation by the department, extend the waiver period if it determines9
that the waiver has been effective in enabling the school to carry out the10
activities for which the waiver was requested and the waiver has contributed to11
improved quality of instruction and student academic achievement. Any such12
extension shall not suspend the effects of accountability.13
§4036. Reporting requirements14
A. The superintendent of any school that receives a waiver pursuant to15
this Chapter shall provide periodic reports on progress in achieving specific16
benchmarks set forth by the board and shall provide, upon the request of the17
board, periodic reports on the uses and effectiveness of the waiver.18
B. By March first of each year, the board shall submit a report to the19
legislature which includes the following:20
(1) A summary of the uses of waivers granted pursuant to this Chapter.21
(2) A description of whether such waivers: 22
(a) Increased the quality of instruction to students.23
(b) Improved the academic achievement of students.24
(3) Any recommendations for legislative changes, if district success in25
improving quality of instruction and academic achievement under a waiver26
indicate that changes in a waived provision of law would be appropriate for all27
districts.28
§4037. Termination of waivers29 SB NO. 695
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A. Upon a recommendation by the department, the board shall1
terminate a waiver, either completely or with respect to individual schools, if it2
is determined that the performance of the schools has been inadequate to justify3
a continuation of the waiver or if the waiver is no longer necessary to achieve4
its original purposes or if the termination of the waiver is otherwise in the5
public interest.6
B. The board shall terminate a waiver as applied to a low-performing7
school if the school has not met its statewide accountability growth targets for8
two consecutive years while under the waiver or has not met any other required9
condition or benchmark.10
§4038. Rules11
The board shall adopt and promulgate rules and regulations in12
accordance with the Administrative Procedure Act to implement the provisions13
of this Chapter.14
§4039. Other waiver provisions15
The provisions of this Chapter shall not be applicable to any waiver16
otherwise provided for by law or rule.17
§4040. Waived or reduced reporting requirements18
The department shall review and, upon the request of the board, the19
governor's office, or the legislature, shall report any specific requirement of20
federal regulation or this Title, or any board rule, regulation, or policy the21
waiver, amendment, or repeal of which may give public and nonpublic schools22
and governing authorities greater flexibility to improve quality of instruction23
and student academic achievement.24
Section 2. The initial report pursuant to R.S. 17:4036(B) of this Act shall be25
submitted to the legislature by March 1, 2012.26
Section 3. This Act shall become effective upon signature by the governor or, if not27
signed by the governor, upon expiration of the time for bills to become law without signature28
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If29 SB NO. 695
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Nancy Vicknair.
DIGEST
Proposed law authorizes the State Board of Elementary and Secondary Education (BESE)
to exempt school districts from certain laws, rules, regulations and policies applicable to
public schools and to public school officers and employees . Such exemptions are granted
through issuance of a waiver, which is granted to a school district for any school, any
combination of schools, or all schools in the district. Proposed law specifies laws, rules,
regulations and polices which may not be waived, including but not limited to those relative
to transportation, alternative education, accountability, and graduation requirements.
Proposed law provides that the local superintendent requests the waiver except in the case
of the Recovery School District and the Special School District. Specifies the elements
which the waiver request must contain, including: identification of provisions he wishes to
be waived, description of alternative policies and procedures to the waived provisions,
description of how the waiver will increase the quality of instruction and improve academic
achievement, description of measurable educational goals and the methods of measurement,
demonstration that the waiver will not result in the exclusion of any population that any
school is serving prior to the waiver.
In order for a superintendent to receive a waiver for schools in which more than half of the
students perform below grade-level, proposed law requires him to:
(1)Ensure the effectiveness of the school's teachers, as defined by the board, by
agreeing to specified steps to reward highly effective educators and to identify and
train or dismiss ineffective teachers.
(2)Implement one of the following intervention options:
(a)Put in place new leadership and staff, new governance, and improved
instructional programs and provide the school with sufficient operational
flexibility.
(b)Convert or close and reopen a school under a charter or education
management organization.
(c)Close the school and place its students in a high-performing school within the
district.
(d)Hire a new principal and implement a suite of best practices including
comprehensive instructional management reform and measures of effective
teaching. Proposed law provides that his option may not be proposed for
more than half of the low-performing schools under the waiver.
Provides further with respect to schools where such interventions had begun prior to
application for the waiver; provides special conditions on a waiver for such a school.
Provides for suspension (while the waiver is in effect) of take over by the Recovery School
District for schools implementing the above intervention options; however requires BESE
to terminate a waiver as applied to a school where more than half of the students perform
below grade level if the school fails to meet statewide accountability growth targets for two SB NO. 695
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consecutive years while under the waiver or to meet other conditions or benchmarks.
Provides that a school in the Recovery School District that has failed to meet accountability
growth targets at the end of the period of a waiver shall be transferred to a charter
management organization or to a new charter management organization or closed.
Authorizes BESE to issue a waiver as requested or subject to specified modifications in the
waiver request. A waiver is effective for a specified period of up to four years. Authorizes
BESE to terminate waivers, completely or with respect to particular schools, prior to the end
of the waiver period. Provides for extensions of a waiver. Provides that a waiver extension
does not suspend accountability effects.
Provides for reports from school districts with waivers to BESE and reports from BESE to
the legislature.
Requires BESE rules to implement proposed law.
Requires the Dept. of Education to review and upon the request of BESE, the governor's
office, or the legislature, to report specific requirements of federal regulation, state law, and
board rules, regulations, and policies the waiver, amendment, or repeal of which may give
schools greater flexibility to increase student achievement.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:4031-4040)