HLS 12RS-2118 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 1136
BY REPRESENTATIVES RICHARD, BROSSETT, GEYMANN, HAZEL, JAMES,
LEGER, MORENO, PONTI, SMITH, AND THOMPSON
SCHOOLS/CHARTER: Provides for establishment of a specialized statewide Type 2
charter school for certain at-risk students
AN ACT1
To enact R.S. 17:3981.1, to provide for the establishment by the State Board of Elementary2
and Secondary Education of a specialized statewide Type 2 charter school for certain3
youth, including without limitation those under the supervision of the courts,4
suspended or expelled from school, or at risk of threatening school or public safety;5
to provide for the purposes of the school and for those students who are to be served6
by the school; to provide relative to the nonprofit organization with which a charter7
may be entered into to operate the school; to provide for exceptions from the8
application of other laws; to provide relative to funding and other rights and9
privileges; to provide for accountability; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 17:3981.1 is hereby enacted to read as follows: 12
§3981.1. State Board of Elementary and Secondary Education; creation of statewide13
charter school for at-risk students14
A. Notwithstanding any provision of law to the contrary, the state board shall15
establish a specialized statewide Type 2 charter school that serves all regions of16
Louisiana as provided in this Section. This specialized statewide Type 2 charter17
school, referred to in this Section as the "specialized charter school", shall begin18
operations in July of 2012 and shall operate on a year-round basis.19 HLS 12RS-2118 ORIGINAL
HB NO. 1136
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are additions.
B. The purposes of the specialized charter school shall be to:1
(1) Ensure the provision of high-quality intervention services for at-risk2
students in Louisiana.3
(2) Promote high school graduation, career and college readiness, and school4
safety.5
(3) Serve youth as an alternative to incarceration as a diversion model of6
service.7
C. This specialized charter school shall target students who meet at least one8
of the following criteria: 9
(1) Meet at least one of the requirements for being designated "at-risk" as10
provided in R.S. 17:3973(1).11
(2) Are under the supervision, custody, or control of the courts and referred12
by the courts.13
(3) Are a threat to school or public safety, or both.14
(4) Are displaced from the public school system in response to a suspension15
or expulsion.16
(5) Are at-risk of dropping out of school as evidenced by school attendance.17
(6) Are at-risk of incarceration due to a school-based arrest.18
(7) Are referred by a local school district due to school performance or19
behavior or both.20
D. The state board shall establish the specialized charter school by entering21
into a charter for operation of the specialized charter school with a nonprofit22
organization that meets all of the following criteria:23
(1) The organization has at least twenty years of documented experience24
serving and educating at-risk students in the state.25
(2) The organization has a model for operating the school that is grounded26
in research and evidence-based practices as documented by at least a "promising"27
designation by the Federal Office of Juvenile Justice and Delinquency Prevention.28 HLS 12RS-2118 ORIGINAL
HB NO. 1136
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(3) The organization provides for an independent multiyear review of data1
and outcomes by an entity with experience in industry-recognized research practices.2
(4) The organization has its own nonprofit foundation with the ability to3
support students with postsecondary educational options.4
(5) The organization has documented experience in serving youth included5
in Subsection C of this Section who have documented histories of criminogenic6
behaviors as evidenced by the operation of similar models of intervention services7
in multiple states.8
(6) The organization is governed by a statewide board of directors and has9
local boards providing governance at each location.10
(7) The organization has existing facilities across the state, with the ability11
to initiate specialized statewide charter school services by July 2012, and the12
resources to expand services across the state within the initial five-year charter to13
target communities in need of services.14
E. The specialized charter school established as provided in this Section shall15
be eligible for and shall receive all applicable state, local, and federal funds provided16
to students served in traditional Type 2 charter schools. The specialized charter17
school also shall be afforded all other rights and privileges granted to other charter18
schools operating under the state board.19
F. In order to provide for accountability and transparency, the specialized20
charter school shall ensure that all students enrolled participate in statewide21
assessments. Notwithstanding any provision of law to the contrary, any student22
served at the specialized charter school for less than one year shall not be included23
in the calculation of the school's accountability rating, and students served at the24
school for a period of at least four months but less than twelve months shall be25
administered pre- and post-assessments for determining adequate student growth and26
the results thereof shall be included in an alternative calculation that shall be factored27
into the school's accountability rating.28 HLS 12RS-2118 ORIGINAL
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are additions.
G. Nothing in this Section shall prohibit the specialized charter school from1
serving any youth under the care, custody, or supervision of the Department of2
Children and Family Services, the office of juvenile justice, or any other youth3
service agency. Nothing in this Section shall prohibit the specialized charter school4
or the charter operator from contracting with any state agency while fulfilling the5
services required as a Type 2 charter school.6
Section 2.(A) This Act shall become effective upon signature by the governor or, if7
not signed by the governor, upon expiration of the time for bills to become law without8
signature by the governor, as provided by Article III, Section 18 of the Constitution of9
Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act10
shall become effective on the day following such approval.11
(B) The State Board of Elementary and Secondary Education shall take all action12
necessary to establish the specialized Type 2 charter school as provided in this Act on a13
timely basis and provide for the school to begin operations in July of 2012.14
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)]
Richard HB No. 1136
Abstract: Provides for the establishment by the State Board of Elementary and Secondary
Education of a specialized statewide Type 2 charter school to provide intervention
services for at-risk students, promote high school graduation, career and college
readiness, and school safety, and serve as an alternative to incarceration.
Present law provides generally for charter schools, which are public schools that operate
somewhat independently of the local school board but pursuant to a charter agreement.
Generally, a nonprofit organization that wishes to run a charter school applies to the local
school board or to the State Board of Elementary and Secondary Education (BESE) for
permission to operate a school. If the application is approved, the chartering authority enters
an agreement with the chartering group, and the agreement specifies the goals and objectives
and terms and conditions applicable to the particular school. Present law provides for five
types of charter schools with differing chartering processes and chartering authorities.
Defines a Type 2 charter school as a new school or a preexisting public school converted and
operated pursuant to a charter between the nonprofit corporation created to operate the
school and BESE. Requires that it be approved by the professional faculty and staff of the
preexisting school and by the parents or guardians of children enrolled in the school.
Provides that pupils who reside within the state will be eligible to attend as provided in the
charter. Present law authorizes submission of a proposal to BESE for a Type 2 charter
school after a proposal has first been made to a local school board for a Type 1 or Type 3
charter school, and the local school has denied the proposal or the conditions placed on the HLS 12RS-2118 ORIGINAL
HB NO. 1136
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are additions.
proposal by the local school board are not acceptable to those proposing the charter.
Provides for BESE to review the proposal for school operation in compliance with law, for
accounting and financial practices according to accepted standards, and for an educational
program based upon generally accepted education research findings applicable to the pupils
to be served.
Proposed law, notwithstanding present law, requires BESE to establish a specialized
statewide Type 2 charter school that serves all regions of the state, to begin operations in
July, 2012, and to operate on a year-round basis.
Proposed law provides that the purposes of the specialized charter school shall be to:
(1)Ensure the provision of high-quality intervention services for at-risk students.
(2)Promote high school graduation, career and college readiness, and school safety.
(3)Serve youth as an alternative to incarceration as a diversion model of service.
Proposed law requires the school to target students who meet at least one of the following
criteria:
(1)Meet at least one of the requirements for being designated "at-risk" as provided in
present law (R.S. 17:3973 – which defines an at-risk pupil as a pupil about which
any of the following is true: (a) eligible to participate in the federal free or reduced
lunch program by meeting the income requirements but not necessarily by
participating; (b) under age 20 and withdrawn from school prior to graduation for not
less than one semester; (c) under age 20 and failed to achieve the required score on
any portion of graduation exit examination; (d) in 8th grade or below and reading
two or more grade levels below grade level; (e) identified as an exceptional child (as
defined in present law) not including gifted and talented; (f) is the mother or father
of a child.)
.
(2)Are under the supervision, custody, or control of the courts and referred by the
courts.
(3)Are a threat to school or public safety, or both.
(4)Are displaced from the public school system in response to a suspension or
expulsion.
(5)Are at-risk of dropping out of school as evidenced by school attendance.
(6)Are at-risk of incarceration due to a school-based arrest.
(7)Are referred by a local school district due to school performance or behavior or both.
Proposed law requires BESE to establish the specialized charter school by entering into a
charter for its operation with a nonprofit organization that meets all of the following criteria:
(1)Has at least 20 years of documented experience serving and educating at-risk
students in the state.
(2)Has a model for operating the school that is grounded in research and evidence-based
practices as documented by at least a "promising" designation by the Federal Office
of Juvenile Justice and Delinquency Prevention.
(3)Provides for an independent multiyear review of data and outcomes by an entity with
experience in industry-recognized research practices. HLS 12RS-2118 ORIGINAL
HB NO. 1136
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are additions.
(4)Has its own nonprofit foundation with the ability to support students with
postsecondary educational options.
(5)Has documented experience in serving those targeted youth who have documented
histories of criminogenic behaviors evidenced by operation of similar models of
intervention services in multiple states.
(6)Is governed by a statewide board of directors and has local boards providing
governance at each location.
(7)Has existing facilities across the state, with the ability to initiate specialized
statewide charter school services by July 2012, and the resources to expand services
across the state within the initial five-year charter to target communities in need of
services.
Proposed law provides that the school shall be eligible for and shall receive all applicable
state, local, and federal funds provided to students served in traditional Type 2 charter
schools and shall be afforded all other rights and privileges granted to other charter schools
operating under BESE.
Proposed law, to provide for accountability and transparency, requires the school to ensure
that all students enrolled participate in statewide assessments. Provides that any student
served at the school for less than one year shall not be included in the calculation of the
school's accountability rating and that students served at the school for a period of at least
four months but less than 12 months shall be administered pre- and post-assessments for
determining adequate student growth with results included in an alternative calculation that
is factored into the school's accountability rating.
Proposed law specifies that it does not prohibit the school from serving any youth under the
care, custody, or supervision of the Dept. of Children and Family Services, the office of
juvenile justice, or any other youth service agency, nor prohibit the school or its operator
from contracting with any state agency while fulfilling the services required as a Type 2
charter school.
Proposed law requires BESE to take all action necessary to establish the specialized Type
2 charter school on a timely basis and provide for the school to begin operations in July,
2012.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:3981.1)