HLS 11RS-429 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 499
BY REPRESENTATIVE PATRICIA SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS: Prohibits the transfer of certain schools to the Recovery School District and
provides for memorandums of understanding
AN ACT1
To enact R.S. 17:10.5(F), relative to the transfer of certain schools to the Recovery School2
District; to prohibit the transfer of certain schools to the Recovery School District on3
and after a specified date; to require the governing authority of certain schools to4
enter into memorandums of understanding with the State Board of Elementary and5
Secondary Education; to provide for terms and conditions of such a memorandum6
of understanding; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:10.5(F) is hereby enacted to read as follows: 9
ยง10.5. School and district accountability; failing schools; transfer to Recovery10
School District; memorandum of understanding; terms11
* * *12
F.(1) On and after November 1, 2011, no additional schools shall be13
transferred to the jurisdiction of the Recovery School District pursuant to this14
Section.15
(2) Beginning on November 2, 2011, and continuing thereafter, the16
governing authority of a school that meets the criteria as specified in Paragraph17
(A)(1) of this Section and would otherwise be eligible for transfer to the jurisdiction18
of the Recovery School District shall be required to enter into a memorandum of19
understanding with the State Board of Elementary and Secondary Education. The20 HLS 11RS-429 ORIGINAL
HB NO. 499
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memorandum of understanding shall define the performance objectives that the1
governing authority shall implement in order to bring the school to an acceptable2
level of performance and shall include time lines for such improvement and3
provisions for a renewal or extension of the memorandum of understanding if the4
school fails to improve. Under the terms of the memorandum of understanding, the5
governing authority shall retain jurisdiction of the school and shall continue to6
operate the school under the supervision of the Recovery School District.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Patricia Smith HB No. 499
Abstract: Prohibits the transfer of certain academically unacceptable and failing schools
to the Recovery School District (RSD) on and after Nov. 1, 2011. Requires the
governing authority of a school otherwise eligible for transfer to the RSD to enter
into a memorandum of understanding with the State Board of Elementary and
Secondary Education and provides for terms and conditions of the memorandum of
understanding.
Present law provides for the transfer to the Recovery School District (RSD), subject to
approval by the State Board of Elementary and Secondary Education (BESE), of schools that
have been labeled academically unacceptable for four consecutive years or failed schools
for which the local school board has failed to present or implement an acceptable
reconstitution plan under the school accountability program established pursuant to BESE
policy.
Present law further provides that the RSD shall retain jurisdiction of any school transferred
to it for not less than five school years (not including the school year of the transfer, if
applicable). Requires the RSD to report to BESE at least nine months prior to the expiration
of the transfer period and recommend whether the school should continue in the RSD under
certain conditions, close, or be returned to the transferring system. Requires BESE, no later
than six months prior to the expiration of the transfer period, to take action on such
recommendations. Provides that the RSD shall retain the school for an additional five-year
period upon BESE approval unless a lesser time is adopted by BESE. Requires the RSD
report and any action taken by BESE to occur no later than six months prior to each
continuation period.
Proposed law retains present law and adds that on and after Nov. 1, 2011, no additional
schools shall be transferred to the RSD pursuant to proposed law. Further adds that
beginning on Nov. 2, 2011, and continuing thereafter, the governing authority of a school
that meets the criteria as specified in present law (above) and would otherwise be eligible
for transfer to the RSD shall be required to enter into a memorandum of understanding with
BESE. Provides that the memorandum of understanding shall define the performance
objectives to be implemented to bring the school to an acceptable level of performance and
shall include time lines for such improvement and provisions for a renewal or extension of
the memorandum of understanding if the school fails to improve. Specifies that under the HLS 11RS-429 ORIGINAL
HB NO. 499
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are additions.
terms of the memorandum of understanding, the governing authority shall retain jurisdiction
of the school and shall continue to operate the school under the supervision of the RSD.
(Adds R.S. 17:10.5(F))