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Regular Session, 2012
SENATE BILL NO. 305
BY SENATOR WHITE
SCHOOLS. Constitutional amendment to remove geographic limitations on the legislature's
authority to create new school boards and provide relative to the financing of public
education. (2/3 - CA13sl(A))
A JOINT RESOLUTION1
Proposing to amend Article VIII, Sections 9 and 13(B) and (C) and to enact Article VIII,2
Section 13(D)(3) of the Constitution of Louisiana, relative to the creation of school3
boards and school districts by the legislature; to remove provisions limiting the4
legislature's authority to define the geographic jurisdiction of school districts; to5
provide relative to funding for such school districts; to allow and to specify an6
election for submission of the proposition to electors and provide a ballot7
proposition.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) and (C), and to enact 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. The legislature shall create parish local public school15
boards and provide for their geographic jurisdiction and the election of their16
members.17 SB NO. 305
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(B) Superintendents. Each parish local public school board shall elect a1
superintendent of parish schools. The State Board of Elementary and Secondary2
Education shall fix the qualifications and prescribe the duties of the parish local3
public school superintendent. He need not be a resident of the parish in geographic4
jurisdiction of the school board which he serves.5
* * *6
§13. Funding; Apportionment7
* * *8
(B) Minimum Foundation Program. The State Board of Elementary and9
Secondary Education, or its successor, shall annually develop and adopt a formula10
which shall be used to determine the cost of a minimum foundation program of11
education in all public elementary and secondary schools as well as to equitably12
allocate the funds to parish and city local public school systems. Such formula shall13
provide for a contribution by every city and parish local public school system. Prior14
to approval of the formula by the legislature, the legislature may return the formula15
adopted by the board to the board and may recommend to the board an amended16
formula for consideration by the board and submission to the legislature for17
approval. The legislature shall annually appropriate funds sufficient to fully fund the18
current cost to the state of such a program as determined by applying the approved19
formula in order to insure a minimum foundation of education in all public20
elementary and secondary schools. Neither the governor nor the legislature may21
reduce such appropriation, except that the governor may reduce such appropriation22
using means provided in the act containing the appropriation provided that any such23
reduction is consented to in writing by two-thirds of the elected members of each24
house of the legislature. The funds appropriated shall be equitably allocated to25
parish and city local public school systems according to the formula as adopted by26
the State Board of Elementary and Secondary Education, or its successor, and27
approved by the legislature prior to making the appropriation. Whenever the28
legislature fails to approve the formula most recently adopted by the board, or its29 SB NO. 305
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successor, the last formula adopted by the board, or its successor, and approved by1
the legislature shall be used for the determination of the cost of the minimum2
foundation program and for the allocation of funds appropriated.3
(C) Local Funds. Local funds for the support of elementary and secondary4
schools shall be derived from the following sources:5
First: (1) Each parish local public school board, except those wholly6
situated within Orleans Parish excepted, and each municipality or city school board7
actually operating, maintaining, or supporting a separate system of public schools,8
shall levy annually an ad valorem maintenance tax not to exceed five mills on the9
dollar of assessed valuation on property subject to such taxation within the parish or10
city, respectively its geographic jurisdiction.11
Second: (2) The A local public school board wholly situated within12
Orleans Parish School Board shall levy annually a tax not to exceed thirteen mills on13
the dollar of the assessed valuation of property within the city of New Orleans its14
geographic jurisdiction assessed for city taxation, and shall certify the amount of15
the tax to the governing authority of the city. The governing authority shall have the16
tax entered on city tax rolls. The tax shall be collected in the manner, under the17
conditions, and with the interest and penalties prescribed by law for city taxes. The18
money thus collected shall be paid daily to the Orleans Parish School Board19
appropriate local public school board.20
Third: (3) For giving additional support to public elementary and secondary21
schools, any parish, municipality, school district, or subschool district, or22
subdistrict or any municipality or city school board which supports a separate city23
system of public schools may levy an ad valorem tax for a specific purpose, when24
authorized by a majority of the electors voting in the parish, municipality, district or25
subdistrict in an election held for that purpose. The amount, duration, and purpose26
of the tax shall be in accord with any limitation imposed by the legislature.27
D.28
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(3) Notwithstanding the provisions of Paragraph (1) of this Subsection1
limiting the applicability of such Paragraph to the school systems specified2
therein and no others, in addition to the public school systems as provided in3
Paragraph (1) of this Subsection, any local public school system created by the4
legislature pursuant to Section 9 of this Article shall be included in the formula5
used to determine the cost of a minimum foundation program of education and6
to equitably allocate funds to local public school boards and shall have the same7
taxing authority afforded to local public school boards, all as provided in this8
Section.9
Section 2. Be it further resolved that this proposed amendment shall be submitted10
to the electors of the state of Louisiana at the statewide election to be held on December 1,11
2012.12
Section 3. Be it further resolved that on the official ballot to be used at the election,13
there shall be printed a proposition, upon which the electors of the state shall be permitted14
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as15
follows:16
Do you support an amendment to remove restrictions on the legislature's17
authority to define the geographic jurisdiction of local public school boards,18
to provide for the inclusion of all legislatively created local public school19
boards in the minimum foundation funding formula for public elementary20
and secondary schools, and to grant legislatively created local public school21
boards the same taxing authority afforded to previously created local public22
school boards? (Amends Article VIII, Sections 9 and 13(B) and (C); Adds23
Article VIII, Section 13(D)(3))24 SB NO. 305
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Present constitution requires the legislature to create parish school boards and provide for
the election of their members. Provides that each parish school board shall elect a
superintendent of parish schools, whose qualifications and duties shall be fixed by BESE but
need not be a resident of the parish in which he serves.
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 from parish school boards and city or
municipal school boards to local public school boards and their geographic jurisdictions 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 for such taxes.
Present constitution requires parish school boards outside of Orleans Parish to levy an ad
valorem maintenance tax not to exceed 5 mills on the dollar of assessed valuation of
property subject to such taxation within the parish or city. Proposed constitution retains this
provision but changes the term "parish school board" to "local public school board".
Present constitution requires the Orleans Parish School Board to levy an annual tax not to
exceed 13 mills on the dollar of the assessed valuation of property within the city of New
Orleans assessed for city taxation and provides that the money thus collected shall be paid
daily to the Orleans Parish School Board.
Proposed constitution retains these provisions but deletes specific references to the Orleans
Parish School Board and instead makes such provisions applicable to any local public school
board wholly situated within Orleans Parish and the tax applicable to property within the
geographic jurisdiction of such school board.
Present constitution provides that specified community and municipal school boards, and
no others, shall be included in the MFP and have taxing authority granted to parish school
boards.
Proposed constitution retains present constitution but provides that notwithstanding this
limitation in present constitution, any local public school system created by the legislature
pursuant to its constitutional authority to create local public school boards shall be included
in MFP formula and the allocation of MFP funds to local public school systems and shall
have the same taxing authority afforded to local public school boards.
Specifies submission of the amendment to the voters at the statewide election to be held on
December 1, 2012.
(Amends Const. Art. VIII, Sec. 9, 13(B) and (C); adds Const. Art. VIII, Sec. 13(D)(3))