Page 1 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 563
BY SENATOR WHITE
AN ACT1
To enact R.S. 17:58.2(I), 67, and 67.1 through 67.4, relative to the Southeast Baton Rouge2
Community School System; to provide for the school system, including its3
establishment and geographic boundaries; to provide for the school board and an4
interim board of control; to provide for board membership, apportionment,5
qualifications, method of selection, terms of office, filling of vacancies,6
compensation, expenses, powers, duties, and responsibilities; to provide relative to7
facilities and property; to provide relative to the collection and remittance of certain8
taxes; to provide relative to the provision of certain student services; to provide9
relative to certain applications for funding; to provide for the reapportionment of the10
East Baton Rouge Parish School Board; to provide for effectiveness and for11
implementation; and to provide for 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 through 67.4 are hereby enacted to read as17
follows:18
§58.2. East Baton Rouge Parish School Board; reapportionment; election districts;19
terms20
* * *21
I.(1) In addition to any other requirements in this Section, in the event22
the Southeast Baton Rouge Community School Board begins the actual23
operation of educating students within its jurisdiction as a separate school24
system in accordance with R.S. 17:67, the East Baton Rouge Parish School25
Board shall develop a plan to divide the parish, excluding the geographic area26
within the boundaries of the Southeast Baton Rouge Community School System,27
ACT No. 797 SB NO. 563 ENROLLED
Page 2 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
into single-member districts from each of which one member of such board1
shall be elected. Such districts shall be drawn with as equal population as2
possible, using population figures from the most recent federal decennial census.3
(2) Prior to the final adoption of such plan, the East Baton Rouge Parish4
School Board shall order a public hearing on the proposed plan and shall cause5
to be published in a newspaper published within the parish of East Baton6
Rouge, with parishwide circulation, at least twenty days prior to the date of7
such hearing, the time and place thereof, a general summary and map of the8
proposed plan, and the times and places where copies of the proposed plan are9
available for public inspection.10
(3) Notwithstanding any law to the contrary, each elected member of the11
East Baton Rouge Parish School Board holding office on the date the Southeast12
Baton Rouge Community School Board begins the actual operation of educating13
students within its jurisdiction as a separate school system shall serve the14
remainder of the term of office for which he was elected. If a vacancy occurs15
during his term of office, it shall be filled in accordance with law from districts16
in effect at the time the office is filled.17
(4) At the next date on which a regular election for the election of18
members of the East Baton Rouge Parish School Board would be held following19
the date the Southeast Baton Rouge Community School Board begins the actual20
operation of educating students within its jurisdiction as a separate school21
system, the members of the East Baton Rouge Parish School Board shall be22
elected from single-member districts adopted in accordance with this23
Subsection. The members so elected and their successors in office shall serve24
four-year concurrent terms. Thereafter, the East Baton Rouge Parish School25
Board shall be reapportioned as otherwise provided by law.26
* * *27
§67. Southeast Baton Rouge Community School Board and school system;28
creation; membership; qualifications; apportionment; election;29
powers, duties, and functions; system operation30 SB NO. 563 ENROLLED
Page 3 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A.(1) Notwithstanding any provision of law to the contrary, upon the1
appointment of members of the interim school board as provided in R.S.2
17:67.1, there shall be established a separate school system and school board for3
the Southeast Baton Rouge community in East Baton Rouge Parish. The school4
board shall be designated the Southeast Baton Rouge Community School Board.5
The board shall be composed of nine members, one from each of the single-6
member districts provided for in Subsection B of this Section, who shall be7
electors and shall meet the qualifications for office provided in R.S. 17:52(D)8
and (E).9
(2) The geographic boundaries of the school system shall be as follows:10
Commence at a point where the centerlines of Interstate 10 and Interstate 1211
intersect; thence proceed in an easterly direction along the centerline of12
Interstate 12 to its intersection with the Amite River; thence proceed in a13
southerly direction along the centerline of the Amite River to its intersection14
with Bayou Manchac; thence proceed in a westerly direction along the15
centerline of Bayou Manchac to its intersection with Interstate 10; thence16
proceed in a northwesterly direction along the centerline of Interstate 10 to the17
point of beginning.18
B.(1) The interim school board shall develop and adopt a plan to divide19
the geographic area encompassed by the Southeast Baton Rouge Community20
School System into nine single-member districts, from each of which one21
member of the Southeast Baton Rouge Community School Board shall be22
elected. The districts shall be drawn in such a manner that each member of the23
Southeast Baton Rouge Community School Board represents as nearly as24
possible the same number of persons, using population figures from the latest25
federal decennial census, and shall be effective in time for qualifying for the26
election as provided by law generally for parish school board members.27
(2) Prior to the final adoption of the apportionment plan required by28
Paragraph (1) of this Subsection, the interim school board shall order a public29
hearing on the proposed plan and shall cause to be published in its official30 SB NO. 563 ENROLLED
Page 4 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
journal, at least twenty days prior to the date of such hearing, the time and1
place thereof, a general summary and map of the proposed plan, and the times2
and places where copies of the proposed plan are available for public inspection.3
C. The initial members of the Southeast Baton Rouge Community School4
Board shall be elected at the time and place provided by law generally for5
parish school board members. The members of the Southeast Baton Rouge6
Community School Board elected in 2014 shall take office as otherwise generally7
provided by law for parish school board members, and such members and their8
successors in office shall serve for four-year concurrent terms.9
D. Vacancies on the board shall be filled as generally provided by law10
for parish school boards.11
E.(1) The organization of the Southeast Baton Rouge Community School12
Board as well as the board's powers, duties, functions, and responsibilities shall13
be as generally provided by law for local public school boards. Compensation14
for board members and reimbursement for expenses shall be as generally15
provided by law for city, parish, and other local public school board members.16
(2) The Southeast Baton Rouge Community School Board shall adopt17
rules, regulations, and procedures consistent with law to effectuate this Section18
and to administer the duties, functions, and responsibilities of the board.19
F. The Southeast Baton Rouge Community School Board shall begin20
actual operation of providing for the education of students within its21
jurisdiction on July 1, 2013. Beginning on the date the school board begins22
actual operation of providing for the education of students and thereafter,23
notwithstanding any provision of law or rule or regulation to the contrary and24
pursuant to the duty and responsibility placed with the legislature by Article25
VIII, Section 1 of the Constitution of Louisiana to establish and maintain a26
public educational system and the authority granted the legislature by Article27
VIII, Section 10(A) of the Constitution of Louisiana to enact laws affecting28
parish school board systems in existence on the effective date of the constitution,29
all lands, buildings, and improvements, facilities, and other property having30 SB NO. 563 ENROLLED
Page 5 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
title vested in the public and subject to management, administration, and1
control by the East Baton Rouge Parish School Board for public education2
purposes but located within the geographic boundaries of the Southeast Baton3
Rouge Community School System or used to provide student transportation4
services to such facilities, or both, shall be managed, administered, and5
controlled by the Southeast Baton Rouge Community School Board.6
G. The East Baton Rouge Parish School System shall transfer ownership7
of at least fifty school buses with a sixty-passenger capacity that are of equal8
quality, age, and condition to those owned and operated by the East Baton9
Rouge Parish School System to the Southeast Baton Rouge Community School10
System. The number of school buses so transferred shall include a sufficient11
number of handicapped-accessible buses to be used to transport the students12
needing special education services.13
H. The East Baton Rouge Parish School System shall provide extended14
school year services, through August 31, 2013, to public and non-public school15
students residing within the geographic boundaries of the Southeast Baton16
Rouge Community School System who qualified to receive such services prior17
to June 30, 2013.18
I. The East Baton Rouge Parish School System and any taxing district19
created by the East Baton Rouge Parish School System shall be the recipient of20
all sales and use taxes levied for school purposes collected within the geographic21
boundaries of the Southeast Baton Rouge Community School System and22
remitted by the tax collector through June 30, 2013. As of July 1, 2013, the23
Southeast Baton Rouge Community School System shall be the recipient of all24
sales and use taxes levied for school purposes collected within the geographic25
boundaries of the Southeast Baton Rouge Community School System. The sales26
and use tax collectors shall begin remitting all sales and use taxes levied for27
school purposes collected within such boundaries, including delinquent28
payments, to the Southeast Baton Rouge Community School System on July 1,29
2013.30 SB NO. 563 ENROLLED
Page 6 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
J. The East Baton Rouge Parish School System shall receive all ad1
valorem and property taxes levied for school purposes collected within the2
geographic boundaries of the Southeast Baton Rouge Community School3
System and remitted by the tax collector through June 30, 2013. As of July 1,4
2013, all ad valorem and property taxes levied for school purposes collected5
within the geographic boundaries of the Southeast Baton Rouge Community6
School System, including delinquent payments, shall be remitted by the tax7
collector to the Southeast Baton Rouge Community School System.8
K. For every application made by the East Baton Rouge Parish School9
System for funding for the 2013-2014 school year which has a due date on or10
before August 15, 2013, the East Baton Rouge Parish School System shall11
disaggregate the data for the Southeast Baton Rouge Community School System12
and shall submit two applications, one for the East Baton Rouge Parish School13
System and one for the Southeast Baton Rouge Community School System.14
L. The president of the State Board of Elementary and Secondary15
Education shall appoint a committee of experts to make non-binding16
recommendations regarding the apportionment of financial obligations between17
the Southeast Baton Rouge Community School System and the East Baton18
Rouge Parish School System.19
M. Consistent with Article VIII of the Louisiana Constitution of 1974,20
relevant to equal educational opportunities, no state monies shall be used to21
discriminate or to have the effect of discriminating and failing to provide an22
equal educational opportunity for all students.23
§67.1. Southeast Baton Rouge Community School System; interim school24
board25
A. Notwithstanding any provision of law to the contrary, upon the26
appointment of the members thereof as provided in Subsection C of this Section,27
there shall be and there is hereby created an interim school board for the28
Southeast Baton Rouge Community School System which shall continue in29
existence until the taking of office of the initial elected members of the Southeast30 SB NO. 563 ENROLLED
Page 7 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Baton Rouge Community School Board as provided by R.S. 17:67.1
B.(1) The interim school board shall be composed of seven members2
appointed at large as provided in Subsection C of this Section. An interim3
school board member shall have attained the age of eighteen, be an elector, have4
resided in the state for the two years preceding appointment, have been5
domiciled within the geographic boundaries of the school system for at least one6
year preceding appointment, meet the qualifications provided in R.S. 17:52(D),7
and reside within the geographic boundaries of the school system.8
(2) Membership on the interim school board shall not disqualify an9
otherwise eligible person from qualifying as a candidate for election as a10
member of the Southeast Baton Rouge Community School Board.11
C.(1) All members of the interim school board shall be appointed by the12
governor within thirty days after the effective date of this Section and shall13
serve until the taking of office of the initial members of the Southeast Baton14
Rouge Community School Board elected as provided in R.S. 17:67.15
(2) Members appointed by the governor shall be from a list of nominees16
provided as follows:17
(a) The members of the Louisiana Senate elected from district numbers18
six and sixteen shall each nominate three persons meeting the qualifications for19
office for each position to be appointed by the governor.20
(b) The members of the Louisiana House of Representatives elected21
from district numbers sixty-five, sixty-six, sixty-eight, and sixty-nine shall each22
nominate two persons meeting the qualifications for office for each position to23
be appointed by the governor.24
(3) A vacancy on the interim school board shall be filled in the same25
manner as the original appointment.26
D.(1) The interim school board shall constitute a body corporate in law.27
(2) The organization of the interim school board as well as the board's28
powers, duties, functions, and responsibilities shall be as provided by law29
generally for city, parish, and other local public school boards.30 SB NO. 563 ENROLLED
Page 8 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3) Members of the interim school board shall serve without1
compensation.2
E. The interim school board shall adopt rules, regulations, and3
procedures consistent with law to effectuate this Section and to administer the4
duties, functions, and responsibilities of the interim board.5
F. The provisions of R.S. 42:11 through 28, relative to open meetings6
and the provisions of Chapter 1 of Title 44 of the Louisiana Revised Statutes of7
1950, relative to public records shall be applicable to the interim school board8
and its members.9
G. All authority granted to the interim school board by this Section shall10
expire upon the taking of office of the initial members of the Southeast Baton11
Rouge Community School Board elected as provided by R.S. 17:67(C).12
However, the elected school board may take formal action to continue the13
interim school board as an advisory body on matters previously under the14
jurisdiction of the interim board.15
H. The East Baton Rouge Parish School Board shall:16
(1) Work cooperatively and collaboratively with the interim school17
board and the Southeast Baton Rouge Community School Board to effect the18
transfer of the students, buildings and other facilities, property, instructional19
materials, buses, and all other assets related to the schools located within the20
prescribed geographic boundaries of the Southeast Baton Rouge Community21
School System in an efficient and expeditious manner.22
(2) Provide the interim school board for the Southeast Baton Rouge23
Community School System with immediate and complete access to:24
(a) All school buildings and facilities associated with the schools located25
within the geographic boundaries of the Southeast Baton Rouge Community26
School System. Such access shall include making the school buildings and27
facilities to be transferred available, free of charge, to the interim and elected28
school boards for the Southeast Baton Rouge Community School System for29
purposes of conducting board and community meetings and other functions and30 SB NO. 563 ENROLLED
Page 9 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
activities related to the operation of the Southeast Baton Rouge Community1
School System.2
(b) All student records and any other student-related files associated3
with students enrolled in the schools to be transferred to the Southeast Baton4
Rouge Community School System.5
(c) All financial records associated with the schools to be transferred to6
the Southeast Baton Rouge Community School System, including those related7
to building maintenance, taxes, insurance, and indebtedness.8
I. The East Baton Rouge Parish School Board shall not:9
(1) Interfere, or impede in any way, with the processes to transfer the10
students, buildings and other facilities, property, instructional materials and11
equipment, buses, and all other assets related to the schools located within the12
geographical boundaries of the Southeast Baton Rouge Community School13
System to the Southeast Baton Rouge Community School Board.14
(2) Sell, transfer, or otherwise remove any asset or thing of value,15
movable or immovable, corporeal or incorporeal, attributable to the schools to16
be transferred to the Southeast Baton Rouge Community School System prior17
to such transfer.18
(3) Incur, transfer, or assign any debt or other responsibility or19
obligation to schools to be transferred to the Southeast Baton Rouge20
Community School System that is not properly attributable to such schools.21
§67.2. Redistribution of minimum foundation program to other school systems22
To ensure that the minimum foundation program allocation to school23
systems is not negatively impacted by the creation of the Southeast Baton Rouge24
Community School District, beginning in Fiscal Year 2013-14 and continuing25
through the 2017-18 Fiscal Year, the State Board of Elementary and Secondary26
Education shall identify the districts on which there is a negative impact and27
determine the amount of the negative impact. The State Board of Elementary28
and Secondary Education shall withhold the total of the amounts of the negative29
impact on all districts from the total minimum foundation program allocation30 SB NO. 563 ENROLLED
Page 10 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to the Southeast Baton Rouge Community School District and transfer those1
funds to the impacted school districts.2
§67.3. Benefits of reemployed retirees and Legacy Benefit Trust Fund for3
Retirees of East Baton Rouge Parish School System4
A. East Baton Rouge Parish School System shall annually provide to the5
Southeast Baton Rouge Community School System an itemization of all6
postemployment benefits to be paid by the East Baton Rouge Parish School7
Board for the benefit of every individual hired by the Southeast Baton Rouge8
Community School System as a full-time employee. Southeast Baton Rouge9
Community School System shall reimburse East Baton Rouge Parish School10
System at least quarterly for all post employment benefits for any employee11
hired by Southeast Baton Rouge Community School System as a full-time12
employee until all post employment benefits to which said individual is entitled13
have been paid.14
B. A trust to be known as the “Legacy Benefit Trust for Retirees of the15
East Baton Rouge Parish School System” shall be established pursuant to R.S.16
17:1224. Within twelve months of beginning operation, the Southeast Baton17
Rouge Community School System shall deposit into the trust an initial sum of18
two million five hundred thousand dollars. On or before July 1, 2012, the19
president of the State Board of Elementary and Secondary Education shall20
appoint a study committee to analyze the impact of separation of the Southeast21
Community School System on post employment benefits owed to individuals22
who retired from the East Baton Rouge Parish School System prior to operation23
of the Southeast Community School System. The study committee shall24
determine the proportional amount of post employment benefits which the25
Southeast Baton Rouge Community School District shall be required to deposit26
into the trust and shall determine the schedule for such payments. The study27
committee shall have the authority to modify the payment schedule until such28
time as Southeast Baton Rouge Community School District makes the final29
payment.30 SB NO. 563 ENROLLED
Page 11 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
C. In the event it is determined by an actuarial study that the funds on1
deposit in the Legacy Benefit Trust for Retirees of the East Baton Rouge Parish2
School System are sufficient to pay the costs of the legacy benefits due to3
individuals who retired from the East Baton Rouge Parish School System prior4
to July 1, 2013, Southeast Baton Rouge Community School System shall not be5
required to make any additional payments to the Legacy Benefit Trust for6
Retirees of the East Baton Rouge Parish School System.7
§67.4. Payments to East Baton Rouge Parish Educational Facilities8
Improvement District 9
A. On or before July 1, 2013, the East Baton Rouge Parish Facilities10
Improvement District shall provide to the Southeast Baton Rouge Community11
School Board a schedule of values for any construction completed within the12
boundaries of the Southeast Baton Rouge Community School System with the13
proceeds of Qualified School Construction Bonds issued prior to July 1, 2012,14
an accounting of payments made and to be made through June 30, 2012, on said15
bonds, and a payment schedule showing the unpaid principal and interest due16
for said projects.17
B. Beginning on July 1, 2013, the Southeast Baton Rouge Community18
School System shall reimburse East Baton Rouge Parish Facilities Improvement19
District an amount equal to the percentage of the debt service attributable to20
the construction completed within the boundaries of the Southeast Baton Rouge21
Community School District. The reimbursement shall be made to East Baton22
Rouge Parish Educational Facilities Improvement District within thirty days of23
receipt by the Southeast Baton Rouge Community School District of24
confirmation of payment of the debt service.25
Section 2. Any high school student residing within the geographic26
boundaries of the Southeast Baton Rouge Community School System or the East27
Baton Rouge Parish School System may elect to remain enrolled in the high school28
he was attending on the effective date of this Act, until such time as the student29
graduates from high school. Such student shall be included in the membership count30 SB NO. 563 ENROLLED
Page 12 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
for the school system in which he is enrolled for all purposes, including state funding1
through the Minimum Foundation Program formula.2
Section 3. This Act shall take effect and become operative if and when the3
proposed amendment of Article VIII, Section 13(D)(1) of the Constitution of4
Louisiana contained in the Act which originated as Senate Bill No. 299 of this 20125
Regular Session of the Legislature is adopted at the statewide election to be held on6
November 6, 2012, and becomes effective, or the proposed amendment adding7
Article VIII, Section 13(D)(3) of the Constitution of Louisiana contained in the Act8
which originated as Senate Bill No. 305 of this 2012 Regular Session of the9
Legislature is adopted at the statewide election to be held on November 6, 2012.10
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: