Louisiana 2011 2011 1st Special Session

Louisiana Senate Bill SB20 Enrolled / Bill

                    Page 1 of 8
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
First Extraordinary Session, 2011	ENROLLED
SENATE BILL NO. 20
BY SENATOR NEVERS 
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), 3991(B)(1)(b)(ii), and 4013(1)(c) and to repeal R.S. 17:7(18), 65, 81(L),5
154.1(A)(4), and 3048.1(C)(4), relative to provisions of Title 17 (Education) of the6
Louisiana Revised Statutes of 1950, which are limited in applicability to certain7
political 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categories to retain applicability; to repeal provisions that are outdated; and to10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), 3991(B)(1)(b)(ii),15
and 4013(1)(c) are hereby amended and reenacted to read as follows:16
§29.  Social workers; failing schools; applicability17
*          *          *18
B. The provisions of this Section shall be applicable to any city, parish, or19
other local public school board in any parish having a population of at least four20
hundred seventy-five thousand municipality having a population above three21
hundred thousand persons according to the latest federal decennial census.22
*          *          *23 SB NO. 20	ENROLLED
Page 2 of 8
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§84.01. Assistant superintendents in districts of four hundred twenty-five thousand1
or greater population; certain districts; term of appointment;2
discharge for cause; other permanent status3
A. All assistant superintendents, who have not already acquired regular and4
permanent status as such, and who are appointed on or after September 1, 1972, by5
a parish or city school board of a school district in any municipality having a6
population of four hundred twenty-five thousand or more, above three hundred7
thousand persons according to the latest federal decennial census shall be8
appointed for a term of not more than four years, and said the term shall be specified9
in a written contract, which shall be renewable for an additional term or terms at the10
pleasure of the employing board.11
*          *          *12
§85.4. Naming of curriculum center; by certain school boards St. Tammany13
Parish School Board14
Notwithstanding R.S. 14:316 or any other law to the contrary, a The parish15
school board in a parish having a population between one hundred ninety-one16
thousand and two hundred twenty-five thousand persons according to the most recent17
federal decennial census St. Tammany Parish may name a curriculum center in the18
parish in honor of a former educator and coach who meets all of the following19
criteria:20
*          *          *21
§85.6. Naming of a headstart and community center	; by certain school boards22
Jefferson Davis Parish School Board23
Notwithstanding R.S. 14:316 or any other law to the contrary, a The parish24
school board in a parish having a population between thirty-one thousand three25
hundred and thirty-one thousand six hundred persons according to the most recent26
federal decennial census Jefferson Davis Parish may name a headstart and27
community center in the parish in honor of a former educator and community leader28
who meets all of the following criteria:29
*          *          *30 SB NO. 20	ENROLLED
Page 3 of 8
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§85.13.  Naming of stadium by certain school boards1
Notwithstanding any provision of law to the contrary, a parish school board2
in a parish having a population of more than three hundred thousand persons3
according to the most recent federal decennial census The parish school boards in4
East Baton Rouge, Jefferson, and Orleans parishes may name a stadium in the5
parish in honor of a former principal who meets all of the following criteria:6
*          *          *7
§85.14.  Naming of a performing arts center 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 two hundred thousand persons10
according to the most recent federal decennial census The parish school boards in11
Caddo, East Baton Rouge, Jefferson, and Orleans parishes may name a12
performing arts center in the parish in honor of a former principal who meets all of13
the following criteria:14
*          *          *15
§179. Student identification badges; authorization and display; Rapides Parish16
School Board; rules and regulations17
A. Each city, parish, or other local public school board in any parish having18
a population of not less than one hundred twenty thousand persons and not greater19
than one hundred thirty-five thousand persons Rapides Parish may provide for an20
annual student identification badge to be issued to each student in grades six through21
twelve attending a public elementary or secondary school in the school system. The22
badge shall include the student's name and picture, the name of the school which the23
student attends, and the calendar year for which it is issued.  The student shall24
display such badge in a prominent manner at all times while on school grounds and25
when attending any school function including school-sponsored cocurricular and26
extracurricular activities unless circumstances otherwise prevent such display.27
*          *          *28
§221.2.  Assignment of pupils; parental request29
A.30 SB NO. 20	ENROLLED
Page 4 of 8
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
*          *          *1
(2) Notwithstanding any law, rule, or regulation to the contrary and if not2
specifically contrary to the provisions of an order of a court of competent jurisdiction3
providing for the assignment of pupils within the school system, a city or parish4
school board in any parish having a population of at least one hundred forty-four5
thousand but not more than one hundred sixty thousand persons according to the6
most recent federal decennial census and the Caddo Parish or St. Tammany Parish7
School Board shall assign a student to attend any public high school requested by a8
parent or other person responsible for the student's school attendance when the9
requested school has space available and is of a suitable grade level, and the child10
resides not more than two miles from such school measured by the distance to be11
traveled on public streets or highways, or by the boundary of a subdivision.  A12
school board shall not be required to provide transportation to any student enrolled13
in high school pursuant to the provisions of this Paragraph.14
*          *          *15
§222. Age of school entrance; proof of age, race, and parentage required; exceptions16
*          *          *17
C.18
*          *          *19
(3) Notwithstanding the provisions of Subsections A and B of this Section,20
any parish school board in a parish having a population of at least four hundred fifty21
thousand persons according to the most recent federal decennial census the parish22
school boards in Jefferson and Orleans parishes may adopt, by rule, and enforce23
ages for entrance into first grade in the schools in its system which vary from the24
provisions of this Section. All children admitted into school as a result of a rule25
adopted pursuant to this Subsection shall be counted in reports submitted for funding26
under the Minimum Foundation Program and money allocated pursuant to such27
program shall be based on the report which includes such children.28
*          *          *29
§422. Additional compensation or increased increments; teachers of federal,30 SB NO. 20	ENROLLED
Page 5 of 8
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
agricultural, and industrial arts programs1
*          *          *2
C. Any person employed by a parish or city 	school board, in parishes or3
cities any municipality having a population over four hundred seventy-five4
thousand three hundred thousand persons according to the latest federal5
decennial census who, in addition to his regular assignment, is assigned to and6
assists, after the regular working day or at night, in the development, implementation7
and service of a program sponsored by the federal government in the public schools8
of the city or parish municipality shall be paid therefor in addition to his regular9
salary.  Such additional pay shall be at a rate not less than the prevailing salary for10
the services which are being performed.11
*          *          *12
§431. Supervisors, principals and other administrative personnel in certain school13
systems; salaries14
On and after July 29, 1970, no No parish or city school system in parishes or15
cities any municipality having a population of over four hundred seventy-five16
thousand three hundred thousand persons according to the latest federal17
decennial census shall pay to any supervisor, principal, consultant, secretary or any18
other administrative employee charged with the administrative responsibility of a19
school or other area of academic concentration or evaluation in such parish or city20
municipality an annual salary which amounts to less than the amount that was paid21
by such school system to that employee in the immediately preceding year.22
*          *          *23
§525.  Promotion of employees other than teachers24
A.(1) An employee, as defined in R.S. 17:521, who has acquired regular and25
permanent status in a parish or city the school system, in which the school district26
has a population of four hundred twenty-five thousand, or more, as set forth in R.S.27
17:522, and is promoted to a position paying a higher salary, shall serve a28
probationary period of three years in the higher position before acquiring permanent29
status therein but shall retain the permanent status previously acquired in the lower30 SB NO. 20	ENROLLED
Page 6 of 8
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
position from which he was promoted.1
*          *          *2
§1371.  Creation of school districts by parish school boards3
A. Parish school boards may at any time create school districts composed of4
the parish as a whole or any part or parts thereof and may also, with the consent of5
the respective school boards of one or more adjoining parishes, create school districts6
composed of a part of the parish and a part or parts of such adjoining parishes, and7
shall have complete discretion in the fixing of the boundaries of all such school8
districts, but may not create a new school district within the parish if such new9
school district embraces part of any school district already existing within such10
parish, except as follows:11
*          *          *12
(5)(a) In the parishes having a population between fifteen thousand and13
twenty thousand persons, of Bienville, Claiborne, East Feliciana, Grant, Jackson,14
West Baton Rouge, West Feliciana, and Winn, a school district may be enlarged15
through the addition thereto of territory which lies within an existing school district,16
and the district as so enlarged shall not be construed to be an overlapping district17
within the prohibition of this Section.18
*          *          *19
§1805.  Authority of university or college police officer20
*          *          *21
E. Notwithstanding any of the provisions of this Section to the contrary, any22
state supported or private college or university situated within the territorial limits23
of any municipality having a population in excess of two hundred fifty thousand24
persons the city of New Orleans may, at the option of said the college or university,25
have its campus police officers commissioned as university or college police officers26
by such municipal or city the city's police department, rather than the Department27
of Public Safety and Corrections, upon complying with the requirements and28
regulations as may be prescribed by said municipal or city the city's police29
department for the commissioning of special officers. Such commissions issued by30 SB NO. 20	ENROLLED
Page 7 of 8
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
a municipal or city the city's police department shall confer upon such campus1
police officers all rights and privileges as are enumerated in this Section with respect2
to officers commissioned through and by the Department of Public Safety 	and3
Corrections; provided, however, that such officers shall not be entitled to4
supplemental pay for municipal police officers.5
*          *          *6
§3991. Charter schools; requirements; limitations; renewal; amendment; revocation7
*          *          *8
B. Each proposed charter shall contain or make provision for the following:9
(1)10
*          *          *11
(b)12
*          *          *13
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, that for14
Type 2, Type 3, and Type 4 charter schools in any parish having a population of15
between twenty thousand five hundred and twenty-one thousand persons according16
to the most recent federal decennial census, Richland Parish, the percentage of the17
total number of pupils enrolled in the charter school based on the October first pupil18
membership who are at risk, in the manner provided in R.S. 17:3973(1)(a), shall be,19
as near as practicable, not more than the percentage of the total number of pupils20
enrolled in the public elementary and secondary schools and in the state-approved21
nonpublic elementary and secondary schools located in the local public school22
district in which the charter school is located who are eligible to participate in the23
federal free and reduced lunch program. However, in no case shall the initial24
enrollment of such a school nor the cohort of students enrolled for each new school25
year have, as near as practicable, fewer than fifty percent students who are at risk in26
the manner provided in R.S. 17:3973(1)(a).27
*          *          *28
§4013.  Definitions29
As used in this Chapter, unless otherwise clearly indicated, the following30 SB NO. 20	ENROLLED
Page 8 of 8
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
terms shall mean:1
(1) "Covered district" means a local public school system which meets all2
of the following criteria:3
*          *          *4
(c) Is located in a parish municipality with a population of at least four5
hundred seventy-five three hundred thousand persons according to the latest federal6
decennial census and includes the Recovery School District established pursuant to7
R.S. 17:1990 to the extent that schools under the district's jurisdiction are located8
within the geographic boundaries of a covered district.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
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: