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First Extraordinary Session, 2011
SENATE BILL NO. 20
BY SENATOR NEVERS
CENSUS. Provides relative to provisions in Title 17 which are limited in applicability to
political subdivisions or local areas meeting specified population characteristics.
AN ACT1
To amend and reenact R.S. 17:29(B), 84.01(A), 85.4(introductory paragraph),2
85.6(introductory paragraph), 85.13(introductory paragraph), 85.14(introductory3
paragraph), 179(A), 221.2(A)(2), 222(C)(3), 422(C), 431, 525(A)(1), 1371(A)(5)(a),4
1805(E), and 3991(B)(1)(b)(ii) and to repeal R.S. 17:7(18), 65, 81(L), 154.1(A)(4),5
and 3048.1(C)(4), relative to provisions of Title 17 (Education) of the Louisiana6
Revised Statutes of 1950, which are limited in applicability to certain political7
subdivisions or local areas based upon population classifications; to specify8
applicability to one or more political subdivisions or local areas; to adjust population9
categories to retain applicability; to repeal provisions that are outdated; and to10
provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 17:29(B), 84.01(A), 85.4(introductory paragraph), 85.6(introductory13
paragraph), 85.13(introductory paragraph), 85.14(introductory paragraph), 179(A),14
221.2(A)(2), 222(C)(3), 422(C), 431, 525(A)(1), 1371(A)(5)(a), 1805(E), and15
3991(B)(1)(b)(ii) are hereby amended and reenacted to read as follows:16
§29. Social workers; failing schools; applicability17 SB NO. 20
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* * *1
B. The provisions of this Section shall be applicable to any city, parish, or2
other local public school board in any parish having a population of at least four3
hundred seventy-five thousand municipality having a population above three4
hundred thousand persons according to the latest federal decennial census.5
* * *6
§84.01. Assistant superintendents in districts of four hundred twenty-five thousand7
or greater population; certain districts; term of appointment;8
discharge for cause; other permanent status9
A. All assistant superintendents, who have not already acquired regular and10
permanent status as such, and who are appointed on or after September 1, 1972, by11
a parish or city school board of a school district in any municipality having a12
population of four hundred twenty-five thousand or more, above three hundred13
thousand persons according to the latest federal decennial census shall be14
appointed for a term of not more than four years, and said the term shall be specified15
in a written contract, which shall be renewable for an additional term or terms at the16
pleasure of the employing board.17
* * *18
§85.4. Naming of curriculum center; by certain school boards St. Tammany19
Parish School Board20
Notwithstanding R.S. 14:316 or any other law to the contrary, a The parish21
school board in a parish having a population between one hundred ninety-one22
thousand and two hundred twenty-five thousand persons according to the most recent23
federal decennial census St. Tammany Parish may name a curriculum center in the24
parish in honor of a former educator and coach who meets all of the following25
criteria:26
* * *27
§85.6. Naming of a headstart and community center ; by certain school boards28
Jefferson Davis Parish School Board29 SB NO. 20
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Notwithstanding R.S. 14:316 or any other law to the contrary, a The parish1
school board in a parish having a population between thirty-one thousand three2
hundred and thirty-one thousand six hundred persons according to the most recent3
federal decennial census Jefferson Davis Parish may name a headstart and4
community center in the parish in honor of a former educator and community leader5
who meets all of the following criteria:6
* * *7
§85.13. Naming of stadium by certain school boards8
Notwithstanding any provision of law to the contrary, a parish school board9
in a parish having a population of more than three hundred thousand persons10
according to the most recent federal decennial census The parish school boards in11
East Baton Rouge, Jefferson, and Orleans parishes may name a stadium in the12
parish in honor of a former principal who meets all of the following criteria:13
* * *14
§85.14. Naming of a performing arts center by certain school boards15
Notwithstanding any provision of law to the contrary, a parish school board16
in a parish having a population of more than two hundred thousand persons17
according to the most recent federal decennial census The parish school boards in18
Caddo, East Baton Rouge, Jefferson, and Orleans parishes may name a19
performing arts center in the parish in honor of a former principal who meets all of20
the following criteria:21
* * *22
§179. Student identification badges; authorization and display; Rapides Parish23
School Board; rules and regulations24
A. Each city, parish, or other local public school board in any parish having25
a population of not less than one hundred twenty thousand persons and not greater26
than one hundred thirty-five thousand persons Rapides Parish may provide for an27
annual student identification badge to be issued to each student in grades six through28
twelve attending a public elementary or secondary school in the school system. The29 SB NO. 20
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badge shall include the student's name and picture, the name of the school which the1
student attends, and the calendar year for which it is issued. The student shall2
display such badge in a prominent manner at all times while on school grounds and3
when attending any school function including school-sponsored cocurricular and4
extracurricular activities unless circumstances otherwise prevent such display.5
* * *6
§221.2. Assignment of pupils; parental request7
A.8
* * *9
(2) Notwithstanding any law, rule, or regulation to the contrary and if not10
specifically contrary to the provisions of an order of a court of competent jurisdiction11
providing for the assignment of pupils within the school system, a city or parish12
school board in any parish having a population of at least one hundred forty-four13
thousand but not more than one hundred sixty thousand persons according to the14
most recent federal decennial census and the Caddo Parish or St. Tammany Parish15
School Board shall assign a student to attend any public high school requested by a16
parent or other person responsible for the student's school attendance when the17
requested school has space available and is of a suitable grade level, and the child18
resides not more than two miles from such school measured by the distance to be19
traveled on public streets or highways, or by the boundary of a subdivision. A20
school board shall not be required to provide transportation to any student enrolled21
in high school pursuant to the provisions of this Paragraph.22
* * *23
§222. Age of school entrance; proof of age, race, and parentage required; exceptions24
* * *25
C.26
* * *27
(3) Notwithstanding the provisions of Subsections A and B of this Section,28
any parish school board in a parish having a population of at least four hundred fifty29 SB NO. 20
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thousand persons according to the most recent federal decennial census the parish1
school boards in Jefferson and Orleans parishes may adopt, by rule, and enforce2
ages for entrance into first grade in the schools in its system which vary from the3
provisions of this Section. All children admitted into school as a result of a rule4
adopted pursuant to this Subsection shall be counted in reports submitted for funding5
under the Minimum Foundation Program and money allocated pursuant to such6
program shall be based on the report which includes such children.7
* * *8
§422. Additional compensation or increased increments; teachers of federal,9
agricultural, and industrial arts programs10
* * *11
C. Any person employed by a parish or city school board, in parishes or12
cities any municipality having a population over four hundred seventy-five13
thousand three hundred thousand persons according to the latest federal14
decennial census who, in addition to his regular assignment, is assigned to and15
assists, after the regular working day or at night, in the development, implementation16
and service of a program sponsored by the federal government in the public schools17
of the city or parish municipality shall be paid therefor in addition to his regular18
salary. Such additional pay shall be at a rate not less than the prevailing salary for19
the services which are being performed.20
* * *21
§431. Supervisors, principals and other administrative personnel in certain school22
systems; salaries23
On and after July 29, 1970, no No parish or city school system in parishes or24
cities any municipality having a population of over four hundred seventy-five25
thousand three hundred thousand persons according to the latest federal26
decennial census shall pay to any supervisor, principal, consultant, secretary or any27
other administrative employee charged with the administrative responsibility of a28
school or other area of academic concentration or evaluation in such parish or city29 SB NO. 20
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municipality an annual salary which amounts to less than the amount that was paid1
by such school system to that employee in the immediately preceding year.2
* * *3
§525. Promotion of employees other than teachers4
A.(1) An employee, as defined in R.S. 17:521, who has acquired regular and5
permanent status in a parish or city the school system, in which the school district6
has a population of four hundred twenty-five thousand, or more, as set forth in R.S.7
17:522, and is promoted to a position paying a higher salary, shall serve a8
probationary period of three years in the higher position before acquiring permanent9
status therein but shall retain the permanent status previously acquired in the lower10
position from which he was promoted.11
* * *12
§1371. Creation of school districts by parish school boards13
A. Parish school boards may at any time create school districts composed of14
the parish as a whole or any part or parts thereof and may also, with the consent of15
the respective school boards of one or more adjoining parishes, create school districts16
composed of a part of the parish and a part or parts of such adjoining parishes, and17
shall have complete discretion in the fixing of the boundaries of all such school18
districts, but may not create a new school district within the parish if such new19
school district embraces part of any school district already existing within such20
parish, except as follows:21
* * *22
(5)(a) In the parishes having a population between fifteen thousand and23
twenty thousand persons, of Bienville, Claiborne, East Feliciana, Grant, Jackson,24
West Baton Rouge, West Feliciana, and Winn, a school district may be enlarged25
through the addition thereto of territory which lies within an existing school district,26
and the district as so enlarged shall not be construed to be an overlapping district27
within the prohibition of this Section.28
* * *29 SB NO. 20
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§1805. Authority of university or college police officer1
* * *2
E. Notwithstanding any of the provisions of this Section to the contrary, any3
state supported or private college or university situated within the territorial limits4
of any municipality having a population in excess of two hundred fifty thousand5
persons the city of New Orleans may, at the option of said college or university,6
have its campus police officers commissioned as university or college police officers7
by such municipal or city the city's police department, rather than the Department8
of Public Safety and Corrections, upon complying with the requirements and9
regulations as may be prescribed by said municipal or city the city's police10
department for the commissioning of special officers. Such commissions issued by11
a municipal or city the city's police department shall confer upon such campus12
police officers all rights and privileges as are enumerated in this Section with respect13
to officers commissioned through and by the Department of Public Safety and14
Corrections; provided, however, that such officers shall not be entitled to15
supplemental pay for municipal police officers.16
* * *17
§3991. Charter schools; requirements; limitations; renewal; amendment; revocation18
* * *19
B. Each proposed charter shall contain or make provision for the following:20
(1)21
* * *22
(b)23
* * *24
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, that for25
Type 2, Type 3, and Type 4 charter schools in any parish having a population of26
between twenty thousand five hundred and twenty-one thousand persons according27
to the most recent federal decennial census, Richland Parish, the percentage of the28
total number of pupils enrolled in the charter school based on the October first pupil29 SB NO. 20
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membership who are at risk, in the manner provided in R.S. 17:3973(1)(a), shall be,1
as near as practicable, not more than the percentage of the total number of pupils2
enrolled in the public elementary and secondary schools and in the state-approved3
nonpublic elementary and secondary schools located in the local public school4
district in which the charter school is located who are eligible to participate in the5
federal free and reduced lunch program. However, in no case shall the initial6
enrollment of such a school nor the cohort of students enrolled for each new school7
year have, as near as practicable, fewer than fifty percent students who are at risk in8
the manner provided in R.S. 17:3973(1)(a).9
* * *10
Section 2. R.S. 17:7(18), 65, 81(L), 154.1(A)(4), and 3048.1(C)(4) are11
hereby repealed in their entirety.12
The original instrument was prepared by Jeanne Johnston. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by J. W. Wiley.
DIGEST
Nevers (SB 20)
Proposed law, contained in Title 17 (Education) of the Louisiana Revised Statutes of 1950,
legislates with regard to classifications of parishes, municipalities, or other political
subdivisions or local areas according to population by limiting the application of laws based
upon specific classifications to one or more parishes, municipalities, or other political
subdivisions or local areas, by adjusting the population ranges affected by the 2010 census,
and by repealing certain provisions based upon certain population classification ranges, as
follows:
CITATION/
TOPIC
EXISTING LAW AFFECTED
LOCATIONS
PROPOSED
LAW
R.S. 17:7(18) -
Pilot program to
identify school systems
with student test scores
below the national
average
City or parish with a
population of 475,000 +
Orleans Parish
(1990, 2000
census)
Repeal
R.S. 17:29(B) -
Employment of social
workers in public
schools
Parish with a population
of 475,000 +
Orleans Parish
(2000 census)
Municipality
having a
population of
300,000 + SB NO. 20
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R.S. 17:65 -
Election of school board
members in 2007
instead of 2006
Parish with a population
of 9,700 - 10,000
Cameron
Parish (2000
census)
Repeal as
obsolete
R.S. 17:81(L) -
Pilot program for the
use of appropriate metal
detection devices
City or parish with a
population of 475,000 +
Orleans Parish
(1990, 2000
census)
Repeal
R.S. 17:84.01(A) -
Terms of assistant
superintendents
School district with a
population of 425,000 +
Orleans and
Jefferson
parishes (both
1990, 2000
census)
Municipality
having a
population of
300,000 +
R.S. 17:85.4(intro.
para.) -
Naming of a curriculum
center by certain school
boards
Parish with a population
of 191,000 - 225,000
St. Tammany
Parish (2000
census)
St. Tammany
Parish
R.S. 17:85.6(intro.
para.) -
Naming of a headstart
and community center
by certain school boards
Parish with a population
of 31,300 - 31,600
Jefferson
Davis Parish
(2000 census)
Jefferson
Davis Parish
R.S. 17:85.13(intro.
para.) -
Naming of a stadium by
certain school boards
Parish with a population
of 300,000 +
East Baton
Rouge,
Jefferson, and
Orleans
parishes
(2000 census)
East Baton
Rouge,
Jefferson, and
Orleans
parishes
R.S. 17:85.14(intro.
para.) -
Naming of a performing
arts center by school
boards
Parish with a population
of 200,000 +
Caddo, East
Baton Rouge,
Jefferson, and
Orleans
parishes
(2000 census)
Caddo, East
Baton Rouge,
Jefferson, and
Orleans
parishes
R.S. 17:154.1(A)(4) -
Length of the school
day and year for 2002-
2003 school year
Parish with a population
of 475,000 +
Orleans Parish
(2000 census)
Repeal as
obsolete
R.S. 17:179(A) -
Authorizes student
identification badges by
school boards
Parish with a population
of 120,000 - 135,000
Rapides Parish
(1990, 2000
census)
Rapides
Parish
R.S. 17:221.2(A)(2) -
School boards to assign
students to high schools
upon parents' requests
Parish with a population
of 144,000 - 160,000
St. Tammany
Parish (1990,
2000 census);
Ouachita
Parish (2000
census)
St. Tammany
Parish SB NO. 20
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R.S. 17:222(C)(3) -
School boards to adopt
different first grade
entrance age
requirements
Parish with a population
of 450,000 +
Orleans Parish
(1990, 2000
census);
Jefferson
Parish (2000
census)
Orleans and
Jefferson
parishes
R.S. 17:422(C) -
Additional
compensation for
certain school
employees
Parish or municipality
with a population of
475,000 +
Orleans Parish
(1990, 2000
census)
Municipality
with a
population of
300,000 +
R.S. 17:431 - Salaries
paid to school
administrative
personnel
Parish or municipality
with a population of
475,000 +
Orleans Parish
(1990, 2000
census)
Municipality
with a
population of
300,000 +
R.S. 17:525(A)(1) -
Promotion of school
employees other than
teachers
School district with a
population of 425,000 +
Orleans Parish
(1970, 1980,
1990, 2000
census)
None; cross-
reference
makes it
applicable
only to the
Orleans
Parish School
Board
R.S. 17:1371(A)(5)(a) -
Enlargement of school
districts (created for
taxing purposes)
Parish with a population
of 15,000 - 20,000
Bienville,
Claiborne,
Grant,
Jackson, and
Winn parishes
(all 1990, 2000
census); East
Feliciana and
West Baton
Rouge
parishes (both
1990 census);
West Feliciana
Parish (2000
census)
Bienville,
Claiborne,
East
Feliciana,
Grant,
Jackson, West
Baton Rouge,
West
Feliciana, and
Winn
parishes
R.S. 17:1805(E) -
Authority of certain
university/college
police officers
Municipality with a
population of 250,000 +
City of New
Orleans (1970,
1980, 1990,
2000 census)
City of New
Orleans
R.S. 17:3048.1(C)(4) -
Relative to TOPS,
provides eligibility
requirements for a
dependent student who
graduated during the
2001-2002 or 2002-
2003 school years
Parish with a population
of 41,600 - 42,400
Webster Parish
(2000 census)
Repeal as
obsolete SB NO. 20
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R.S.
17:3991(B)(1)(b)(ii) -
Pupil enrollment
requirements for Types
2, 3, and 4 charter
schools
Parish with a population
of 20,500 - 21,000
Richland
Parish (2000
census)
Richland
Parish
(Amends R.S. 17:29(B), 84.01(A), 85.4(intro. para.), 85.6(intro. para.), 85.13(intro. para.),
85.14(intro. para.), 179(A), 221.2(A)(2), 222(C)(3), 422(C), 431, 525(A)(1), 1371(A)(5)(a),
1805(E), and 3991(B)(1)(b)(ii); repeals R.S. 17:7(18), 65, 81(L), 154.1(A)(4), and
3048.1(C)(4))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill.
1. Removes unnecessary provisions relative to the Student Scholarships for
Educational Excellence Program. (R.S. 17:4013(1))
Senate Floor Amendments to engrossed bill.
1. Technical amendments.