HLS 12RS-1286 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 762
BY REPRESENTATIVES HONORE AND SMITH
SCHOOLS: Exempts university laboratory schools from certain rules, regulations, and
statutory requirements
AN ACT1
To enact R.S. 17:350.22, relative to university laboratory schools; to exempt certain2
elementary and secondary schools operated by certain public postsecondary3
education institutions from certain rules, regulations, and statutory mandates and4
requirements otherwise applicable to public schools; to require such schools to5
comply with certain state and federal laws relative to civil rights and individuals with6
disabilities; to provide that such schools are subject to certain financial audits; and7
to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:350.22 is hereby enacted to read as follows:10
ยง350.22. University laboratory schools; exemptions; requirements11
A. Notwithstanding any state law, rule, or regulation to the contrary and12
except as may be otherwise specifically provided, an elementary or secondary school13
operated by Louisiana State University and Agricultural and Mechanical College or14
by Southern University and Agricultural and Mechanical College and the school's15
officers and employees shall be exempt from all rules and regulations of the State16
Board of Elementary and Secondary Education that are applicable to public schools17
and to public school officers and employees except for the following rules and18
regulations otherwise applicable to public schools regarding:19
(1) Building maintenance.20
(2) Facility accessibility.21
(3) Asbestos detection and abatement.22 HLS 12RS-1286 ORIGINAL
HB NO. 762
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(4) The Sanitary Code.1
(5) Pesticide use and safety.2
(6) Fire safety.3
(7) Safe work environments.4
(8) The possession and safe use of weapons and hazardous materials.5
(9) Adolescent health initiatives and school health centers.6
(10) Hearing and vision screenings.7
(11) Immunizations and health records.8
(12) Communicable disease prevention.9
(13) Drug use prevention.10
(14) Eye safety and the use of protective goggles.11
(15) Missing children identification procedures.12
(16) Teacher certification.13
(17) School and district accountability system.14
B. Notwithstanding any state law, rule, or regulation to the contrary and15
except as may be otherwise specifically provided, an elementary or secondary school16
operated by Louisiana State University and Agricultural and Mechanical College or17
by Southern University and Agricultural and Mechanical College and the school's18
officers and employees shall be exempt from all statutory mandates or other statutory19
requirements that are applicable to public schools and to public school officers and20
employees except for the following laws otherwise applicable to public schools with21
the same grades:22
(1) School entrance age, R.S. 17:222.23
(2) Corporal punishment and suspension of students, R.S. 17:223.24
(3) Expulsion of students, R.S. 17:224.25
(4) School year, R.S. 17:154.1(A)(1) and 236.26
(5) Attendance reporting, R.S. 17:232.27
(6) Admission of home study students, R.S. 17:236.2.28
(7) Unauthorized use of electronic communication devices, R.S. 17:239.29 HLS 12RS-1286 ORIGINAL
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(8) Smoking, R.S. 17:240.1
(9) Open meetings, R.S. 42:11 et seq.2
(10) Public records, R.S. 44:1 et seq.3
(11) Teaching regarding the United States Constitution, R.S. 17:261.4
(12) Teaching regarding the Federalist Papers and the Declaration of5
Independence, R.S. 17:268.6
(13) Teaching regarding Civics and Free Enterprise, R.S. 17:274.1.7
(14) Teaching regarding sex, R.S. 17:281.8
(15) Religious liberty of students, R.S. 17:2115 et seq.9
(16) Pupil assessment, R.S. 17:24.4.10
(17) Any school and district accountability system required by law of a11
public school of similar grade or type.12
(18) Public bids for the erection, construction, alteration, improvement, or13
repair of a public facility or immovable property, Part II of Chapter 10 of Title 38 of14
the Louisiana Revised Statutes of 1950.15
(19) Code of Governmental Ethics, R.S. 42:1101 et seq.16
(20) Electronic communication by an employee at a school to a student17
enrolled at that school, R.S. 17:81(Q).18
(21) Teaching regarding the state's safe haven relinquishments law, R.S.19
17:81(R).20
(22) Inspection and operation of fire safety and prevention equipment, R.S.21
17:81(S).22
(23) Teaching regarding dating violence, R.S. 17:81(T).23
(24) Reporting by a school bus operator employed by the governing24
authority of a public elementary or secondary school of his arrest for one or more of25
the specified offenses relative to operating a vehicle, R.S. 17:491.3.26
(25) School master plans for supporting student behavior and discipline, R.S.27
17:252.28
(26) Data collection system, R.S. 17:3911.29 HLS 12RS-1286 ORIGINAL
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(27) Reporting by a school employee employed by the governing authority1
of a public elementary or secondary school of his arrest for one or more of the2
specified offenses relative to sexual morality affecting minors, any of the crimes3
provided in R.S. 15:587.1, or any justified complaint of child abuse or neglect on file4
in the central registry.5
(28) Seclusion and physical restraint of students with exceptionalities, R.S.6
17:416.21.7
C. An elementary or secondary school operated by Louisiana State8
University and Agricultural and Mechanical College or by Southern University and9
Agricultural and Mechanical College shall comply with state and federal laws and10
regulations otherwise applicable to public schools with respect to civil rights and11
individuals with disabilities. Such a school shall be considered the local education12
agency for the purposes of any special education funding or statutory definitions.13
D. Notwithstanding any other provision of law to the contrary, an elementary14
or secondary school operated by Louisiana State University and Agricultural and15
Mechanical College or by Southern University and Agricultural and Mechanical16
College shall be subject to appropriate financial audits in accordance with R.S.17
24:513 et seq.18
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)]
Honore HB No. 762
Abstract: Exempts LSU and SU lab schools from certain rules, regulations, and statutory
mandates and requirements otherwise applicable to public schools, generally the
same exemptions as apply to charter schools; requires them to comply with certain
state and federal laws relative to civil rights and individuals with disabilities; and
provides that they are subject to certain financial audits.
Present law (R.S. 17:350.21) provides, relative to university laboratory schools, that any
elementary or secondary school operated by La. State University (LSU) or by Southern
University (SU) shall be considered a public elementary or secondary school.
Proposed law (R.S. 17:350.22) exempts the LSU and SU lab schools from rules and
regulations of the State Board of Elementary and Secondary Education (BESE) and statutory HLS 12RS-1286 ORIGINAL
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mandates and requirements that are otherwise applicable to public schools, with some
exceptions (the same exceptions as those provided in present law for charter schools).
Proposed law requires the lab schools to comply with state and federal laws and regulations
otherwise applicable to public schools with respect to civil rights and individuals with
disabilities and provides that each lab school shall be considered the local education agency
for the purposes of any special education funding or statutory definitions. Also provides that
the lab schools shall be subject to appropriate financial audits in accordance with present
law.
(Adds R.S. 17:350.22)