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Regular Session, 2012
HOUSE BILL NO. 609
BY REPRESENTATIVE SEABAUGH
SCHOOLS/BOARDS: (Constitutional Amendment) Removes geographic limitations on
the legislature's authority to create new school boards and on provisions relative to
financing education
A JOINT RESOLUTION1
Proposing to amend Article VIII, Sections 9 and 13(B), (C), and (D)(1) and to add Article2
VIII, Section 13(D)(3) of the Constitution of Louisiana, to provide for creation of3
school boards and school districts by the legislature, subject to voter approval; to4
remove provisions limiting the legislature's authority to define the geographic5
jurisdiction of school districts; to provide relative to funding for such districts; to6
provide for submission of the proposed amendment to the electors; and to provide7
for related matters.8
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members9
elected to each house concurring, that there shall be submitted to the electors of the state of10
Louisiana, for their approval or rejection in the manner provided by law, a proposal to11
amend Article VIII, Sections 9 and 13(B), (C), and (D)(1) and to add Article VIII, Section12
13(D)(3) of the Constitution of Louisiana, to read as follows:13
§9. Parish Local Public School Boards; Parish and Superintendents 14
Section 9.(A) Boards.(1) The legislature shall create parish local public15
school boards and provide for their geographic jurisdiction and the election of their16
members.17
(2)(a) On and after January 1, 2013, an Act of the legislature creating a local18
public school board and providing for its school district shall become effective only19 HLS 12RS-474 ENGROSSED
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if the proposed school board and school district as provided in the Act have been1
approved by both of the following at an election held for the purpose:2
(i) A majority of the electors of the proposed school district who vote on the3
proposition.4
(ii) A majority of the electors of the entirety of each existing school district5
from which the proposed school district is to be created who vote on the proposition.6
(b) For purposes of this Subparagraph, "proposition" shall mean the7
proposition on the ballot for approval of creation of the school board and its school8
district, and "school district" shall mean the geographic jurisdiction of a school board.9
(c) The election shall be called and the proposition placed on the ballot as10
provided by law.11
(B) Superintendents. Each parish local public school board shall elect a12
superintendent of parish schools. The State Board of Elementary and Secondary13
Education shall fix the qualifications and prescribe the duties of the parish local14
public school superintendent. He need not be a resident of the parish in geographic15
jurisdiction of the school board which he serves.16
* * *17
§13. Funding; Apportionment18
* * *19
(B) Minimum Foundation Program. The State Board of Elementary and20
Secondary Education, or its successor, shall annually develop and adopt a formula21
which shall be used to determine the cost of a minimum foundation program of22
education in all public elementary and secondary schools as well as to equitably23
allocate the funds to parish and city local public school systems. Such formula shall24
provide for a contribution by every city and parish local public school system. Prior25
to approval of the formula by the legislature, the legislature may return the formula26
adopted by the board to the board and may recommend to the board an amended27
formula for consideration by the board and submission to the legislature for approval.28
The legislature shall annually appropriate funds sufficient to fully fund the current29 HLS 12RS-474 ENGROSSED
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cost to the state of such a program as determined by applying the approved formula1
in order to insure ensure a minimum foundation of education in all public elementary2
and secondary schools. Neither the governor nor the legislature may reduce such3
appropriation, except that the governor may reduce such appropriation using means4
provided in the act containing the appropriation provided that any such reduction is5
consented to in writing by two-thirds of the elected members of each house of the6
legislature. The funds appropriated shall be equitably allocated to parish and city7
local public school systems according to the formula as adopted by the State Board8
of Elementary and Secondary Education, or its successor, and approved by the9
legislature prior to making the appropriation. Whenever the legislature fails to10
approve the formula most recently adopted by the board, or its successor, the last11
formula adopted by the board, or its successor, and approved by the legislature shall12
be used for the determination of the cost of the minimum foundation program and for13
the allocation of funds appropriated.14
(C) Local Funds. Local funds for the support of elementary and secondary15
schools shall be derived from the following sources:16
First: (1) Each parish local public school board, Orleans Parish excepted, and17
each municipality or city school board actually operating, maintaining, or supporting18
a separate system of public schools, shall levy annually an ad valorem maintenance19
tax not to exceed five mills on the dollar of assessed valuation on property subject to20
such taxation within the parish or city, respectively its geographic jurisdiction.21
Second: (2) The Orleans Parish School Board shall levy annually a tax not to22
exceed thirteen mills on the dollar of the assessed valuation of property within the city23
of New Orleans assessed for city taxation, and shall certify the amount of the tax to24
the governing authority of the city. The governing authority shall have the tax entered25
on city tax rolls. The tax shall be collected in the manner, under the conditions, and26
with the interest and penalties prescribed by law for city taxes. The money thus27
collected shall be paid daily to the Orleans Parish School Board.28 HLS 12RS-474 ENGROSSED
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Third: (3) For giving additional support to public elementary and secondary1
schools, any parish, municipality, school district, or subschool district, or subdistrict2
or any municipality or city school board which supports a separate city system of3
public schools may levy an ad valorem tax for a specific purpose, when authorized4
by a majority of the electors voting in the parish, municipality, district, or subdistrict5
in an election held for that purpose. The amount, duration, and purpose of the tax6
shall be in accord with any limitation imposed by the legislature.7
(D)(1) Municipal and Other School Systems. For the effects and purposes of8
this Section, the Central community school system and the Zachary community9
school system in East Baton Rouge Parish, and school systems in the municipalities10
of Baker in East Baton Rouge Parish, Monroe in Ouachita Parish, and Bogalusa in11
Washington Parish, and no others, shall be regarded and treated as parishes in the12
same manner as and shall have the same authority granted parishes to any local public13
school board created pursuant to Section 9 of this Article. Consistent with Article14
VIII of this constitution, relevant relative to equal educational opportunities, no state15
dollars shall be used to discriminate or to have the effect of discriminating in16
providing equal educational opportunity for all students.17
* * *18
(3) In addition to the public school systems as provided in Subparagraph (1)19
of this Paragraph, any local public school system created by the legislature pursuant20
to Section 9 of this Article shall be included in the formula used to determine the cost21
of a minimum foundation program of education and to equitably allocate funds to22
local public school boards and shall have the same taxing authority afforded to local23
public school boards, all as provided in this Section.24
Section 2. Be it further resolved that this proposed amendment shall be submitted to25
the electors of the state of Louisiana at the statewide election to be held on November 6,26
2012.27
Section 3. Be it further resolved that on the official ballot to be used at the election,28
there shall be printed a proposition, upon which the electors of the state shall be permitted to29 HLS 12RS-474 ENGROSSED
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vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as1
follows:2
Do you support an amendment to remove restrictions on the legislature's3
authority to define the geographic jurisdiction of local public school boards4
and to provide for legislative creation of local public school boards and school5
districts, subject to voter approval, which would also provide that all6
legislatively created local public school boards are included in the minimum7
foundation funding formula for public elementary and secondary schools and8
provide for the taxing authority of such school boards? (Amends Article VIII,9
Sections 9 and 13(B), (C), and (D)(1); Adds Article VIII, Section 13(D)(3))10
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)]
Seabaugh HB No. 609
Abstract: Replaces requirement that the legislature create parish school boards with a
requirement that the legislature create local public school boards and specify their
geographic jurisdiction and requires voter approval of new school boards; provides
that any local public school district, regardless of geographic jurisdiction, is to be
included in the MFP and has constitutionally granted authority to levy ad valorem
taxes.
Present constitution requires the legislature to create parish school boards. Proposed
constitutional amendment removes "parish" as a restriction on the type of school boards the
legislature is to create and requires that the legislature specify the geographic jurisdiction of
school boards it creates. In conformity with this change, proposed constitutional amendment
changes references to parish schools and city or municipal schools to local public schools in
the following constitutional provisions:
(1)Provisions for the selection of local school superintendents.
(2)Provisions for inclusion of school systems in the MFP formula and for the allocation
of MFP funds to such systems.
(3)Provisions requiring school systems to levy ad valorem taxes and establishing the
maximum millage rate for such taxes.
Proposed constitutional amendment requires voter approval of an Act of the legislature
creating a new school board and providing for its school district on and after Jan. 1, 2013.
Requires approval of a majority of the electors voting in both the proposed school district and
in each existing school district from which the proposed district is to be created. Provides
that such election shall be called and the proposition placed on the ballot as provided by law. HLS 12RS-474 ENGROSSED
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Relative to the levy of ad valorem taxes, present constitution requires school boards outside
of Orleans Parish to levy an ad valorem maintenance tax not to exceed five mills and requires
the Orleans Parish School Board to levy an ad valorem tax not to exceed 13 mills. Proposed
constitutional amendment retains the exception for Orleans Parish and the maximum tax rate
applicable to the Orleans Parish School Board.
Present constitution specifically provides that the following school systems are treated like
other school systems for purposes of the MFP and local taxing authority: the Central
community school system, the Zachary community school system, and school systems in
Baker, Monroe, and Bogalusa. Proposed constitutional amendment retains present
constitution but, in conformity with the purpose of proposed constitutional amendment,
removes a provision that no other school systems are to be so treated.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 6, 2012.
(Amends Art. VIII, §§9 and 13(B), (C), and (D)(1); Adds Art. VIII, §13(D)(3))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Adds requirement and provision for voter approval of the creation of a school
board and its district on or after Jan. 1. 2013.