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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, subject to voter approval; to remove4
provisions limiting the legislature's authority to define the geographic jurisdiction of5
school districts; to provide relative to funding for such school districts; to allow and6
to specify an election for submission of the proposition to electors and provide a7
ballot 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. (1) The legislature shall create parish local public15
school boards and provide for their geographic jurisdiction and the election of16
their members.17 SB NO. 305
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(2)(a) On and after January 1, 2013, any act of the legislature creating1
a local public school board and providing for its school district shall become2
effective only if the proposed school board and school district as provided in the3
act have been approved by both of the following at an election held for the4
purpose:5
(i) A majority of the electors of the proposed school district who vote on6
the proposition.7
(ii) A majority of the electors of the entirety of each existing school8
district from which the proposed school district is to be created who vote on the9
proposition.10
(b) For purposes of this Subparagraph, "proposition" shall mean the11
proposition on the ballot for approval of creation of the school board and its12
school district, and "school district" shall mean the geographic jurisdiction of13
a school board.14
(c) The election shall be called and the proposition placed on the ballot15
as provided by law.16
(B) Superintendents. Each parish local public school board shall elect a17
superintendent of parish schools. The State Board of Elementary and Secondary18
Education shall fix the qualifications and prescribe the duties of the parish local19
public school superintendent. He need not be a resident of the parish in geographic20
jurisdiction of the school board which he serves.21
* * *22
§13. Funding; Apportionment23
* * *24
(B) Minimum Foundation Program. The State Board of Elementary and25
Secondary Education, or its successor, shall annually develop and adopt a formula26
which shall be used to determine the cost of a minimum foundation program of27
education in all public elementary and secondary schools as well as to equitably28
allocate the funds to parish and city local public school systems. Such formula shall29 SB NO. 305
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provide for a contribution by every city and parish local public school system. Prior1
to approval of the formula by the legislature, the legislature may return the formula2
adopted by the board to the board and may recommend to the board an amended3
formula for consideration by the board and submission to the legislature for4
approval. The legislature shall annually appropriate funds sufficient to fully fund the5
current cost to the state of such a program as determined by applying the approved6
formula in order to insure a minimum foundation of education in all public7
elementary and secondary schools. Neither the governor nor the legislature may8
reduce such appropriation, except that the governor may reduce such appropriation9
using means provided in the act containing the appropriation provided that any such10
reduction is consented to in writing by two-thirds of the elected members of each11
house of the legislature. The funds appropriated shall be equitably allocated to12
parish and city local public school systems according to the formula as adopted by13
the State Board of Elementary and Secondary Education, or its successor, and14
approved by the legislature prior to making the appropriation. Whenever the15
legislature fails to approve the formula most recently adopted by the board, or its16
successor, the last formula adopted by the board, or its successor, and approved by17
the legislature shall be used for the determination of the cost of the minimum18
foundation program and for the allocation of funds appropriated.19
(C) Local Funds. Local funds for the support of elementary and secondary20
schools shall be derived from the following sources:21
First: (1) Each parish local public school board, except those wholly22
situated within Orleans Parish excepted, and each municipality or city school board23
actually operating, maintaining, or supporting a separate system of public schools,24
shall levy annually an ad valorem maintenance tax not to exceed five mills on the25
dollar of assessed valuation on property subject to such taxation within the parish or26
city, respectively its geographic jurisdiction.27
Second: (2) The A local public school board wholly situated within28
Orleans Parish School Board shall levy annually a tax not to exceed thirteen mills on29 SB NO. 305
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the dollar of the assessed valuation of property within the city of New Orleans its1
geographic jurisdiction assessed for city taxation, and shall certify the amount of2
the tax to the governing authority of the city. The governing authority shall have the3
tax entered on city tax rolls. The tax shall be collected in the manner, under the4
conditions, and with the interest and penalties prescribed by law for city taxes. The5
money thus collected shall be paid daily to the Orleans Parish School Board6
appropriate local public school board.7
Third: (3) For giving additional support to public elementary and secondary8
schools, any parish, municipality, school district, or subschool district, or9
subdistrict or any municipality or city school board which supports a separate city10
system of public schools may levy an ad valorem tax for a specific purpose, when11
authorized by a majority of the electors voting in the parish, municipality, district or12
subdistrict in an election held for that purpose. The amount, duration, and purpose13
of the tax shall be in accord with any limitation imposed by the legislature.14
(D)15
* * *16
(3) Notwithstanding the provisions of Paragraph (1) of this Subsection17
limiting the applicability of such Paragraph to the school systems specified18
therein and no others, in addition to the public school systems as provided in19
Paragraph (1) of this Subsection, any local public school system created by the20
legislature pursuant to Section 9 of this Article shall be included in the formula21
used to determine the cost of a minimum foundation program of education and22
to equitably allocate funds to local public school boards and shall have the same23
taxing authority afforded to local public school boards, all as provided in this24
Section.25
Section 2. Be it further resolved that this proposed amendment shall be submitted26
to the electors of the state of Louisiana at the statewide election to be held on November 6,27
2012.28
Section 3. Be it further resolved that on the official ballot to be used at the election,29 SB NO. 305
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there shall be printed a proposition, upon which the electors of the state shall be permitted1
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as2
follows:3
Do you support an amendment to remove restrictions on the legislature's4
authority to define the geographic jurisdiction of local public school boards5
and to provide for creation of local public school boards and school districts,6
subject to voter approval, to provide for the inclusion of all legislatively7
created local public school boards in the minimum foundation funding8
formula for public elementary and secondary schools, and to grant9
legislatively created local public school boards the same taxing authority10
afforded to previously created local public school boards? (Amends Article11
VIII, Sections 9 and 13(B) and (C); Adds Article VIII, Section 13(D)(3))12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
White (SB 305)
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.
Proposed constitutional amendment requires voter approval of any act of the legislature
creating a local public 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. SB NO. 305
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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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Adds requirement and provision for voter approval of the creation of a local
public school board and its district on or after Jan. 1, 2013.