HLS 12RS-963 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 411
BY REPRESENTATIVE ABRAMSON
PUBLIC PROPERTY: Provides relative to the sale of educational facilities and property
in Orleans Parish
AN ACT1
To amend and reenact R.S. 17:3982(B), relative to educational facilities and property in2
Orleans Parish; to provide relative to the sale of such facilities and property by a3
charter school organization when they are no longer needed for an educational4
purpose; and to provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:3982(B) is hereby amended and reenacted to read as follows:10
ยง3982. Local school boards; duties11
* * *12
B.(1) Local school boards shall make available to chartering groups13
organizations any vacant school facilities or any facility slated to be vacant for lease14
or purchase up to fair market value. In the case of a Type 2 charter school created15
as a result of a conversion, the facility and all property within the existing school16
shall be made available to that chartering group. In return for the use of the facility17
and its contents, the chartering group shall pay a proportionate share of the local18
school board's bonded indebtedness to be calculated in the same manner as set forth19
in R.S. 17:1990(C)(2)(a)(i). If such facilities were constructed at no cost to the local20 HLS 12RS-963 ORIGINAL
HB NO. 411
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
school board, then such facilities including all equipment, books, instructional1
materials, and furniture within such facilities shall be provided to the charter school2
at no cost.3
(2) If a chartering organization determines that a facility or property that was4
purchased from the Orleans Parish School Board is no longer needed for an5
educational purpose, the organization shall first offer to sell the facility or property6
back to the Orleans Parish School Board prior to seeking to dispose of it to any other7
person or entity.8
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)]
Abramson HB No. 411
Abstract: Provides the Orleans Parish School Board with a right of first refusal on a buy
back of educational property it sold to a charter school group in Orleans Parish.
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. A
charter agreement is entered into by a nonprofit organization that operates the school and the
school board or the State Board of Elementary and Secondary Education (BESE). A charter
school can be a new school or an existing public school that can be converted to a charter
school.
Present law requires that local school boards make available to chartering groups any vacant
school facilities or any facility slated to be vacant for lease or purchase up to fair market
value. Relative to the conversion of certain existing schools, present law provides that the
facility and all property within the existing school shall be made available to that chartering
group and in exchange, the chartering group shall pay a proportionate share of the local
school board's bonded indebtedness. If such facilities were constructed at no cost to the
local school board, then such facilities including all equipment, books, instructional
materials, and furniture within such facilities shall be provided to the charter school at no
cost.
Proposed law retains present law and further provides that if a chartering organization
determines that a facility or property that was purchased from the Orleans Parish School
Board is no longer needed for an educational purpose, the organization shall first offer to sell
the facility or property back to the Orleans Parish School Board prior to seeking to dispose
of it to any other person or entity.
(Amends R.S. 17:3982(B))