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Regular Session, 2012
SENATE BILL NO. 563
BY SENATOR WHITE
SCHOOLS. Creates and provides for the Southeast Baton Rouge Community School Board
and school system in East Baton Rouge Parish. (See Act)
AN ACT1
To enact R.S. 17:58.2(I), 67, and 67.1, relative to the Southeast Baton Rouge Community2
School System; to provide for the school system, including its establishment and3
geographic boundaries; to provide for the school board and an interim board of4
control; to provide for board membership, apportionment, qualifications, method of5
selection, terms of office, filling of vacancies, compensation, expenses, powers,6
duties, and responsibilities; to provide relative to facilities and property; to provide7
relative to the collection and remittance of certain taxes; to provide relative to the8
provision of certain student services; to provide relative to certain applications for9
funding; to provide for the reapportionment of the East Baton Rouge Parish School10
Board; to provide for effectiveness and for implementation; and to provide for11
related matters.12
Notice of intention to introduce this Act has been published13
as provided by Article III, Section 13 of the Constitution of14
Louisiana.15
Be it enacted by the Legislature of Louisiana:16
Section 1. R.S. 17:58.2(I), 67, and 67.1 are hereby enacted to read as follows:17 SB NO. 563
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§58.2. East Baton Rouge Parish School Board; reapportionment; election districts;1
terms2
* * *3
I.(1) In addition to any other requirements in this Section, in the event4
the Southeast Baton Rouge Community School Board begins the actual5
operation of educating students within its jurisdiction as a separate school6
system in accordance with R.S. 17:67, the East Baton Rouge Parish School7
Board shall develop a plan to divide the parish, excluding the geographic area8
within the boundaries of the Southeast Baton Rouge Community School System,9
into single-member districts from each of which one member of said board shall10
be elected. Such districts shall be drawn with as equal population as possible,11
using population figures from the most recent federal decennial census.12
(2) Prior to the final adoption of such plan, the East Baton Rouge Parish13
School Board shall order a public hearing on the proposed plan and shall cause14
to be published in a newspaper published within the parish of East Baton15
Rouge, with parishwide circulation, at least twenty days prior to the date of16
such hearing, the time and place thereof, a general summary and map of the17
proposed plan, and the times and places where copies of the proposed plan are18
available for public inspection.19
(3) Notwithstanding any law to the contrary, each elected member of the20
East Baton Rouge Parish School Board holding office on the date the Southeast21
Baton Rouge Community School Board begins the actual operation of educating22
students within its jurisdiction as a separate school system shall serve the23
remainder of the term of office for which elected. If a vacancy occurs during24
said term of office, it shall be filled in accordance with law from districts in25
effect at the time the office is filled.26
(4) At the next date on which a regular election for the election of27
members of the East Baton Rouge Parish School Board would be held following28
the date the Southeast Baton Rouge Community School Board begins the actual29 SB NO. 563
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operation of educating students within its jurisdiction as a separate school1
system, the members of the East Baton Rouge Parish School Board shall be2
elected from single-member districts adopted in accordance with this3
Subsection. The members so elected and their successors in office shall serve4
four-year concurrent terms. Thereafter, the East Baton Rouge Parish School5
Board shall be reapportioned as otherwise provided by law.6
* * *7
§67. Southeast Baton Rouge Community School Board and school system;8
creation; membership; qualifications; apportionment; election;9
powers, duties, and functions; system operation10
A.(1) Notwithstanding any provision of law to the contrary, upon the11
appointment of members of the interim school board as provided in R.S.12
17:67.1, there shall be established a separate school system and school board for13
the Southeast Baton Rouge community in East Baton Rouge Parish. The school14
board shall be designated the Southeast Baton Rouge Community School Board.15
The board shall be composed of nine members, one from each of the single-16
member districts provided for in Subsection B of this Section, who shall be17
electors and shall meet the qualifications for office provided in R.S. 17:52(D)18
and (E).19
(2) The geographic boundaries of the school system shall be as follows:20
Commence at a point where the centerlines of Interstate 10 and Interstate 1221
intersect; thence proceed in an easterly direction along the centerline of22
Interstate 12 to its intersection with the Amite River; thence proceed in a23
southerly direction along the centerline of the Amite River to its intersection24
with Bayou Manchac; thence proceed in a westerly direction along the25
centerline of Bayou Manchac to its intersection with Interstate 10; thence26
proceed in a northwesterly direction along the centerline of Interstate 10 to the27
point of beginning.28
B.(1) The interim school board shall develop and adopt a plan to divide29 SB NO. 563
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the geographic area encompassed by the Southeast Baton Rouge Community1
School System into nine single-member districts, from each of which one2
member of the Southeast Baton Rouge Community School Board shall be3
elected. The districts shall be drawn in a manner such that each member of the4
Southeast Baton Rouge Community School Board represents as nearly as5
possible the same number of persons, using population figures from the latest6
federal decennial census and shall be effective in time for qualifying for the7
election as provided in law generally for parish school board members.8
(2) Prior to the final adoption of the apportionment plan required by9
Paragraph (1) of this Subsection, the interim school board shall order a public10
hearing on the proposed plan and shall cause to be published in its official11
journal at least twenty days prior to the date of such hearing, the time and place12
thereof, a general summary and map of the proposed plan, and the times and13
places where copies of the proposed plan are available for public inspection.14
C. The initial members of the Southeast Baton Rouge Community School15
Board shall be elected at the time and place provided by law generally for16
parish school board members. The members of the Southeast Baton Rouge17
Community School Board elected in 2014 shall take office as otherwise provided18
by law generally for parish school board members, and such members and their19
successors in office shall serve for four-year concurrent terms.20
D. Vacancies on the board shall be filled as provided by law generally21
for parish school boards.22
E.(1) The organization of the Southeast Baton Rouge Community School23
Board as well as the board's powers, duties, functions, and responsibilities shall24
be as provided by law generally for local public school boards. Compensation25
for board members and reimbursement for expenses also shall be as provided26
by law generally for city, parish, and other local public school board members.27
(2) The Southeast Baton Rouge Community School Board shall adopt28
rules, regulations, and procedures consistent with law to effectuate this Section29 SB NO. 563
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and to administer the duties, functions, and responsibilities of the board.1
F. The Southeast Baton Rouge Community School Board shall begin2
actual operation of providing for the education of students within its3
jurisdiction on July 1, 2013. Beginning on the date the school board begins4
actual operation of providing for the education of students and thereafter,5
notwithstanding any provision of law or rule or regulation to the contrary and6
pursuant to the duty and responsibility placed with the legislature by Article7
VIII, Section 1 of the Constitution of Louisiana to establish and maintain a8
public educational system and the authority granted the legislature by Article9
VIII, Section 10(A) of the Constitution of Louisiana to enact laws affecting10
parish school board systems in existence on the effective date of the constitution,11
all lands, buildings, and improvements, facilities, and other property having12
title vested in the public and subject to management, administration, and13
control by the East Baton Rouge Parish School Board for public education14
purposes but located within the geographic boundaries of the Southeast Baton15
Rouge Community School System or used to provide student transportation16
services to such facilities, or both, shall be managed, administered, and17
controlled by the Southeast Baton Rouge Community School Board.18
G. The East Baton Rouge Parish School System shall transfer ownership19
of at least fifty school buses with a sixty-passenger capacity that are of equal20
quality, age, and condition to those owned and operated by the East Baton21
Rouge Parish School System to the Southeast Baton Rouge Community School22
System. The number of school buses so transferred shall include a sufficient23
number of handicapped accessible buses to be used to transport the students24
needing special education services.25
H. The East Baton Rouge Parish School System shall provide extended26
school year services, through August 31, 2013, to public and non-public school27
students residing within the geographic boundaries of the Southeast Baton28
Rouge Community School System who qualified to receive such services prior29 SB NO. 563
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to June 30, 2013.1
I. The East Baton Rouge Parish School System and any taxing district2
created by the East Baton Rouge Parish School System shall be the recipient of3
all sales and use taxes collected within the geographic boundaries of the4
Southeast Baton Rouge Community School System and remitted by the tax5
collector through June 30, 2013. As of July 1, 2013, the Southeast Baton Rouge6
Community School System shall be the recipient of all sales and use tax7
collected within the geographic boundaries of the Southeast Baton Rouge8
Community School System. The sales and use tax collectors shall begin9
remitting all sales and use taxes collected within such boundaries, including10
delinquent payments, to the Southeast Baton Rouge Community School System11
on July 1, 2013.12
J. The East Baton Rouge Parish School System shall receive all ad13
valorem and property taxes collected within the geographic boundaries of the14
Southeast Baton Rouge Community School System and remitted by the tax15
collector through June 30, 2013. As of July 1, 2013, all ad valorem and property16
taxes collected within the geographic boundaries of the Southeast Baton Rouge17
Community School System, including delinquent payments, shall be remitted18
by the tax collector to the Southeast Baton Rouge Community School System.19
K. For every application made by the East Baton Rouge Parish School20
System for funding for the 2013-2014 school year which has a due date of, on,21
or before August 15, 2013, the East Baton Rouge Parish School System shall22
disaggregate the data for the Southeast Baton Rouge Community School System23
and shall submit two applications, one for the East Baton Rouge Parish School24
System and one for the Southeast Baton Rouge Community School System.25
L. Consistent with Article VIII of the Louisiana Constitution of 1974,26
relevant to equal educational opportunities, no state dollars shall be used to27
discriminate or to have the effect of discriminating and failing to provide an28
equal educational opportunity for all students.29 SB NO. 563
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§67.1. Southeast Baton Rouge Community School System; interim school1
board2
A. Notwithstanding any provision of law to the contrary, upon the3
appointment of the members thereof as provided in Subsection C of this Section,4
there shall be and there is hereby created an interim school board for the5
Southeast Baton Rouge Community School System which shall continue in6
existence until the taking of office of the initial elected members of the Southeast7
Baton Rouge Community School Board as provided by R.S. 17:67.8
B.(1) The interim school board shall be composed of seven members9
appointed at large as provided in Subsection C of this Section. An interim10
school board member shall have attained the age of eighteen, be an elector, have11
resided in the state for the two years preceding appointment, have been actually12
domiciled within the geographic boundaries of the school system for at least one13
year preceding appointment, meet the qualifications provided in R.S. 17:52(D),14
and actually reside within the geographic boundaries of the school system.15
(2) Membership on the interim school board shall not disqualify an16
otherwise eligible person from qualifying as a candidate for election as a17
member of the Southeast Baton Rouge Community School Board.18
C.(1) All members of the interim school board shall be appointed by the19
governor within thirty days after the effective date of this Section and shall20
serve until the taking of office of the initial members of the Southeast Baton21
Rouge Community School Board elected as provided in R.S. 17:67.22
(2) Members appointed by the governor shall be from a list of nominees23
provided as follows:24
(a) The members of the Louisiana Senate elected from district numbers25
six and sixteen shall each nominate three persons meeting the qualifications for26
office for each position to be appointed by the governor.27
(b) The members of the Louisiana House of Representatives elected28
from district numbers sixty-five, sixty-six, sixty-eight, and sixty-nine shall each29 SB NO. 563
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nominate two persons meeting the qualifications for office for each position to1
be appointed by the governor.2
(3) A vacancy on the interim school board shall be filled in the same3
manner as the original appointment.4
D.(1) The interim school board shall constitute a body corporate in law.5
(2) The organization of the interim school board as well as the board's6
powers, duties, functions, and responsibilities shall be as provided by law7
generally for city, parish, and other local public school boards.8
(3) Members of the interim school board shall serve without9
compensation.10
E. The interim school board shall adopt rules, regulations, and11
procedures consistent with law to effectuate this Section and to administer the12
duties, functions, and responsibilities of the interim board.13
F. The provisions of R.S. 42:4.1 through 13, relative to open meetings14
and the provisions of Chapter 1 of Title 44 of the Louisiana Revised Statutes of15
1950, relative to public records shall be applicable to the interim school board16
and its members.17
G. All authority granted to the interim school board by this Section shall18
expire upon the taking of office of the initial members of the Southeast Baton19
Rouge Community School Board elected as provided by R.S. 17:67(C).20
However, the elected school board may take formal action to continue the21
interim school board as an advisory body on matters previously under the22
jurisdiction of the interim board.23
H. The East Baton Rouge Parish School Board shall:24
(1) Work cooperatively and collaboratively with the interim school25
board and the Southeast Baton Rouge Community School Board to effect the26
transfer of the students, buildings and other facilities, property, instructional27
materials, buses, and all other assets related to the schools located within the28
prescribed geographic boundaries of the Southeast Baton Rouge Community29 SB NO. 563
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School System in an efficient and expeditious manner.1
(2) Provide the interim school board for the Southeast Baton Rouge2
Community School System with immediate and complete access to:3
(a) All school buildings and facilities associated with the schools located4
within the geographic boundaries of the Southeast Baton Rouge Community5
School System. Such access shall include making the school buildings and6
facilities to be transferred available, free of charge, to the interim and elected7
school boards for the Southeast Baton Rouge Community School System for8
purposes of conducting board and community meetings and other functions and9
activities related to the operation of the Southeast Baton Rouge Community10
School System.11
(b) All student records and any other student related files associated12
with students enrolled in the schools to be transferred to the Southeast Baton13
Rouge Community School System.14
(c) All financial records associated with the schools to be transferred to15
the Southeast Baton Rouge Community School System, including those related16
to building maintenance, taxes, insurance, and indebtedness.17
I. The East Baton Rouge Parish School Board shall not:18
(1) Interfere, or impede in any way, with the processes to transfer the19
students, buildings and other facilities, property, instructional materials and20
equipment, buses, and all other assets related to the schools located within the21
geographical boundaries of the Southeast Baton Rouge Community School22
System to the Southeast Baton Rouge Community School Board.23
(2) Sell, transfer, or otherwise remove any asset or thing of value,24
movable or immovable, tangible or intangible, attributable to the schools to be25
transferred to the Southeast Baton Rouge Community School System prior to26
such transfer.27
(3) Incur, transfer, or assign any debt or other responsibility or28
obligation to schools to be transferred to the Southeast Baton Rouge29 SB NO. 563
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Community School System that is not properly attributable to such schools.1
Section 2. This Act shall take effect and become operative if and when the2
proposed amendment of Article VIII, Section 13(D)(1) of the Constitution of3
Louisiana contained in the Act which originated as Senate Bill No. 299 of this 20124
Regular Session of the Legislature is adopted at the statewide election to be held on5
November 6, 2012, and becomes effective, or the proposed amendment adding6
Article VIII, Section 13(D)(3) of the Constitution of Louisiana contained in the Act7
which originated as Senate Bill No. 305 of this 2012 Regular Session of the8
Legislature is adopted at the statewide election to be held on December 1, 2012,9
whichever occurs first.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Proposed law (R.S. 17:67):
1. Establishes a separate school system and school board for the Southeast Baton Rouge
community (SEBR) in East Baton Rouge Parish (EBR). Specifies the geographic
boundaries of the school system and provides that the SEBR Community School
Board shall be composed of seven members elected from single-member districts.
Requires that members be electors and meet the qualifications for office provided for
in existing law (R.S. 17:52(D) and (E)) for school boards. (R.S. 17:52(D) specifies
that each member of a local school board shall be able to read and write, and R.S.
17:52(E) provides qualifications relative to age, residency, and domicile.)
2. Requires the interim school board, within 60 days of appointment, to develop and
adopt a plan to divide the SEBR Community School System into nine single-member
districts from each of which one member of the SEBR Community School Board
will be elected. Provides that the districts shall be drawn in a manner such that each
member of the SEBR Community School Board represents as nearly as possible the
same number of persons, using population figures from the latest federal decennial
census, and that the districts shall be effective in time for qualifying for the election
established by law generally for school board members, which is 2014.
3. Provides that prior to the final adoption of the apportionment plan, the interim school
board must order a public hearing on the proposed plan. The interim school board
must publish the time and place of the hearing, a general summary and map of the
proposed plan, and the times and places where copies of the proposed plan are
available for public inspection in its official journal at least 20 days prior to such
hearing.
4. Provides that the initial elected members of the board, each member of the SEBR
Community School Board shall be elected at the time and place provided by law
generally for local school board members. Provides that the members of the SEBR
Community School Board elected in 2014 shall assume office as otherwise provided
by law generally for local school board members, and such members and their SB NO. 563
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successors in office shall serve for four-year concurrent terms. Provides also that
vacancies on the board shall be filled as provided by law generally for local school
boards.
5. Pro vides that the organization, powers, duties, functions, and responsibilities of the
SEBR Community School Board and the board members' compensation and
reimbursement for expenses shall be as provided by law generally for local school
boards. Requires the school board to adopt rules, regulations, and procedures
consistent with law to effectuate proposed law and to administer the duties,
functions, and responsibilities of the board.
6.Specifies that the SEBR Community School Board shall begin actual operation of
providing for the education of students within its jurisdiction on July 1, 2013.
7. Provides that the interim school board shall begin such actual operation July 1, 2013,
and shall exercise all powers granted to the SEBR Community School Board. Also
provides that for purposes of proposed law, the SEBR Community School Board
shall be deemed to have begun actual operation on such date.
8. Provides that on the date such actual operation begins and thereafter, all lands,
buildings, and improvements, facilities, and other property having title vested in the
public and subject to management, administration, and control by the EBR Parish
School Board for public education purposes but located within the geographic
boundaries of the SEBR Community School System or used to provide student
transportation services to such facilities shall be managed, administered, and
controlled by the SEBR Community School Board.
9. Requires the EBR Parish School System to transfer ownership of at least 50 school
buses with a 60 passenger capacity that are of equal quality, age, and condition to
those owned and operated by the EBR Parish School System to the SEBR
Community School System. The number of school buses so transferred shall include
a sufficient number of handicapped accessible buses to be used to transport the
students needing special education services.
10.Requires the EBR Parish School System to provide extended school year services,
through August 31, 2013, to public and non-public school students residing within
the geographic boundaries of the SEBR Community School System who qualified
to receive such services prior to June 30, 2013.
11.Provides that the EBR Parish School System and any taxing district created by such
school system shall be the recipient of all sales and use taxes collected within the
geographic boundaries of the SEBR Community School System and remitted by the
tax collector through June 30, 2013. Provides that as of July 1, 2013, the SEBR
Community School System shall be the recipient of all sales and use tax collected
within the geographic boundaries of the SEBR Community School System. Further
provides that sales and use tax collectors shall begin remitting all sales and use taxes
collected within such boundaries, including delinquent payments, to the SEBR
Community School System on July 1, 2013.
12.Provides that the EBR Parish School System shall receive all ad valorem and
property taxes collected within the geographic boundaries of the SEBR Community
School System and remitted by the tax collector through June 30, 2013. Provides
that as of July 1, 2013, all ad valorem and property taxes collected within the
geographic boundaries of the SEBR Community School System, including
delinquent payments, shall be remitted by the tax collector to the SEBR Community
School System.
13.Provides that every application for funding made by the EBR Parish School System SB NO. 563
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for funding for the 2013-2014 school year which has a due date of on or before
August 15, 2013, the EBR School System shall disaggregate the data for the SEBR
Community School System and shall submit two applications, one for the EBR
Parish School System and one for the SEBR Community School System.
14.Provides that consistent with Article VIII of the La. Constitution of 1974, no state
dollars shall be used to discriminate or to have the effect of discriminating and
failing to provide an equal educational opportunity for all students.
Proposed law (R.S. 17:67.1):
1. Creates an interim school board for the SEBR Community School System and
provides that the interim board shall continue in existence until the taking of office
of the initial elected members of the SEBR Community School Board.
2. Provides for the interim school board to be composed of seven members appointed
at large. Requires that an interim school board member shall have attained the age
of 18, be an elector, have resided in the state for the two years preceding
appointment, have been actually domiciled within the geographic boundaries of the
school system for at least one year preceding appointment, meet the qualifications
provided in R.S. 17:52(D) relative to ability to read and write, and actually reside
within the geographic boundaries of the school system. Specifies that membership
on the interim school board shall not disqualify an otherwise eligible person from
qualifying as a candidate for election as a member of the SEBR Community School
Board.
3. Provides that all members of the interim school board are to be appointed by the
governor within 30 days after the effective date of proposed law and will serve until
the initial elected members of the SEBR Community School Board take office.
Requires that members be appointed by the governor be from a list of nominees.
Provides for the state senators from Districts 6 and 16 to nominate three qualified
persons and for the representatives from Districts 65, 66, 68, and 69 to each
nominate two qualified persons for each position to be appointed by the governor.
4. Provides that a vacancy on the interim school board will be filled in the same manner
as the original appointment.
5. Provides that the interim school board constitutes a body corporate in law and states
that the organization of the interim school board as well as the board's powers,
duties, functions, and responsibilities shall be as provided by law generally for local
school boards.
6. Requires the interim school board to adopt rules, regulations, and procedures
consistent with law to effectuate proposed law and to administer the duties,
functions, and responsibilities of the interim board.
7. Provides that the interim school board and its members are subject to the state's open
meetings and public records laws.
8. Specifies that all authority granted to the interim school board by proposed law shall
expire when the initial elected members of the SEBR Community School Board take
office. Permits the school board, by formal action, to continue the interim school
board as an advisory body on matters previously under the jurisdiction of the interim
board.
9. Provides that the EBR Parish School Board shall:
(a)Work cooperatively and collaboratively with the interim and elected SEBR SB NO. 563
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school boards to effect the transfer of the students, buildings and other
facilities, property, instructional materials, buses, and all other assets related
to the schools located within the prescribed geographic boundaries of the
new school system in an efficient and expeditious manner.
(b)Provide the SEBR interim school board with immediate and complete access
to:
(1)All school buildings and facilities associated with the schools located
within the boundaries of the SEBR Community School System. Such
access shall include making the school buildings and facilities to be
transferred available, free of charge, to the interim and elected school
boards for purposes of conducting board and community meetings
and other functions and activities related to the operation of the new
school system.
(2)All student records and any other student related files associated with
students enrolled in the schools to be transferred to the Southeast
Baton Rouge Community School System.
(3)All financial records associated with the schools to be transferred,
including those related to building maintenance, taxes, insurance, and
indebtedness.
10.Provides that the EBR Parish School Board shall not:
(a) Interfere, or impede in any way, with the processes to transfer the students,
buildings and other facilities, property, instructional materials and
equipment, buses, and all other assets related to the schools located within
the geographical boundaries of the SEBR Community School System.
(b)Sell, transfer, or otherwise remove any asset or thing of value, movable or
immovable, tangible or intangible, attributable to the schools to be
transferred to the SEBR school system prior to such transfer.
(c)Incur, transfer, or assign any debt or other responsibility or obligation to
schools to be transferred to the SEBR school system that is not properly
attributable to such schools.
Proposed law (R.S. 17:58.2(I)):
1. Provides that in the event the SEBR Community School Board begins the actual
operation of educating students within its jurisdiction as a separate school system,
the EBR Parish School Board shall develop a plan to divide the parish, excluding the
area of the SEBR Community School System, into single-member districts from each
of which one board member shall be elected. States that such districts shall be drawn
with as equal population as possible, using population figures from the most recent
federal decennial census.
2. Specifies that prior to the final adoption of such plan, the EBR Parish School Board
shall order a public hearing on the proposed plan and must publish the time and place
of the hearing, a general summary and map of the proposed plan, and the times and
places where copies of the proposed plan are available for public inspection in a
newspaper published within the parish of East Baton Rouge, with parishwide
circulation, at least 20 days prior to the date of such hearing.
3. Provides that each elected member of the EBR Parish School Board holding office
on the date the SEBR Community School Board begins the actual operation of SB NO. 563
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educating students within its jurisdiction as a separate school system shall serve the
remainder of the term of office for which elected. Provides that a vacancy occurring
during such term of office will be filled in accordance with law from districts in
effect when filled.
4. Provides that at the next date on which a regular election for the election of members
of the EBR Parish School Board would be held following the date the SEBR
Community School Board begins the actual operation of educating students as a
separate school system, the members of the EBR Parish School Board shall be
elected from single-member districts adopted in accordance with proposed law.
Provides that the members so elected and their successors in office will serve four-
year concurrent terms.
Effective if and when the constitutional amendment proposed by Senate Bill No. 299 of the
2012 R.S., granting the Southeast Baton Rouge Community School System certain authority
granted parishes relative to financing schools, is adopted and becomes effective, or the
constitutional amendment proposed by Senate Bill No. 305 of the 2012 R.S., removing the
geographic limitations on the legislature's authority to establish local school systems, is
adopted and becomes effective, whichever occurs first.
(Adds R.S. 17:58.2(I), 67, and 67.1)