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Regular Session, 2012
SENATE BILL NO. 597
BY SENATOR APPEL AND REPRESENTATI VES CARTER AND KLECKLEY
STUDENTS. Expands the Student Scholarships for Educational Excellence Program. (gov
sig)
AN ACT1
To R.S. 17:158(A)(1), 3973(3) through (6), 3981(4), 3982(A)(1)(a) and (2), 3983(A)(3)(a),2
(4)(a), (b), and (d), (B)(2), and (D), 3991(B)(3) and (13), (C)(1)(c)(iv) and (6),3
(D)(2)(a)(i), and (H), 3992(A)(1), 3995(A)(1)(introductory paragraph) and (c),4
3996(C) and (G), 3998, 4001(A) and (C)(1) and (2), and 4011 through 4025, to enact5
R.S. 17:10.5(F), 3973(2)(b)(vi), (7), and (8), 3981(7) and (8), 3981.1, 3981.2,6
3982(A)(3) and (4), 3983(A)(2)(d) and (3)(d) and (G), 3992(D), and Part VII of7
Chapter 42 of Title 17 of the Revised Statutes of 1950, to be comprised of R.S.8
17:4002 through 4007, and to repeal R.S. 17:3991(B)(9) and 3996(A)(16) and9
(B)(4), relative to school choice; to provide relative to the Student Scholarships for10
Educational Excellence Program; to provide relative to program eligibility and11
participation requirements for students and schools; to provide relative to selection12
and enrollment of eligible students; to provide relative to funding and payments to13
eligible schools including eligible nonpublic schools; to provide for reports; to14
provide for the submission of petitions by parents requesting that a school be15
transferred to the Recovery School District under certain conditions; to require rules16
and regulations to be adopted by the State Board of Elementary and Secondary17 SB NO. 597
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Education for the petition process; to change charter proposal submission time lines;1
to provide a mechanism for Type 1 and Type 3 charter schools to convert to a Type2
2 charter school under certain conditions; to authorize the state board to allow the3
state superintendent of education and the superintendent of the Recovery School4
District to amend the charter of Type 5 charter schools to accommodate a unified5
enrollment system; to modify the initial charter period; to provide for charter school6
admission requirements; to allow foreign language immersion schools to establish7
special admission standards; to provide for the qualifications of teachers; to provide8
relative to the evaluation of charter school teachers and other school employees; to9
provide relative to teacher certification requirements; to remove the requirement that10
charter schools comply with laws relative to the length of the school year; to provide11
for the Course Choice Program; to provide for program definitions and funding; to12
provide for the powers of the State Board of Elementary and Secondary Education13
and local public school systems relative to course providers; to provide relative to14
entities that authorize charter schools; to provide for certification of certain state15
agencies and nonprofit corporations as charter authorizers; to provide relative to the16
responsibilities of the State Board of Elementary and Secondary Education with17
respect to certification of such authorizers; to provide relative to requirements,18
powers, responsibilities, and limitations of such authorizers; to provide relative to19
schools whose charter is authorized by such entities, including matters related to20
funding for such schools; to provide for procedures, processes, fees, and regulations;21
and to provide for related matters.22
Be it enacted by the Legislature of Louisiana:23
Section 1. R.S. 17:158(A)(1), 3973(3) through (6), 3981(4), 3982(A)(1)(a) and (2),24
3983(A)(3)(a), (4)(a), (b), and (d), (B)(2), and (D), 3991(B)(3) and (13), (C)(1)(c)(iv) and25
(6), (D)(2)(a)(i), and (H), 3992(A)(1), 3995(A)(1)(introductory paragraph) and (c), 3996(C)26
and (G), 3998, 4001(A) and (C)(1) and (2), and 4011 through 4025 are hereby amended and27
reenacted and R.S. 17:10.5(F), 3973(2)(b)(vi), (7), and (8), 3981(7) and (8), 3981.1, 3981.2,28
3982(A)(3) and (4), 3983(A)(2)(d) and (3)(d) and (G), 3992(D), and Part VII of Chapter 4229 SB NO. 597
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of Title 17 of the Revised Statutes of 1950, to be comprised of R.S. 17:4002 through 40071
are enacted to read as follows:2
§10.5. School and district accountability; failing schools; transfer to Recovery3
School District; parent petitions4
* * *5
F.(1) Notwithstanding the provisions of Paragraph (A)(1) of this Section,6
a public school or public charter school shall be removed from the jurisdiction7
of the city, parish, or other local public school board or other public entity and8
transferred to the jurisdiction of the Recovery School District if such transfer9
is approved by the State Board of Elementary and Secondary Education and10
both of the following conditions are met:11
(a) Parents or legal guardians representing at least fifty-one percent of12
the students attending the school sign a petition requesting that the school be13
transferred to the Recovery School District.14
(b) The school has received a letter grade of "F" or any variation15
thereof, pursuant to the Louisiana School and District Accountability System16
for three consecutive years.17
(2) The State Board of Elementary and Secondary Education shall18
develop and adopt rules and regulations for implementation of this Subsection19
which shall include but not be limited to:20
(a) The format and procedures for submitting a petition pursuant to this21
Subsection to the state superintendent of education to be brought by him before22
the State Board of Elementary and Secondary Education for review pursuant23
to the process established for the consideration of schools eligible for transfer24
to the Recovery School District as provided in this Section.25
(b) A requirement that each student may be signed for by his parents or26
legal guardians only one time on any given petition such that each student27
equals one signature.28
(c) Signature validation procedures that include the following29 SB NO. 597
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requirements:1
(i) That upon submission of a petition, the state Department of2
Education shall determine if the number of signatures represents at least fifty-3
one percent of the students attending the school.4
(ii) That the signatures be assumed valid unless challenged or there is5
reasonable doubt of their validity. If validity is challenged or doubted, the6
department shall, within forty-five calendar days, review and verify the7
signatures. If the department finds that the number of valid signatures is fewer8
than the fifty-one percent required, parents or legal guardians shall have thirty9
calendar days, commencing with a date specified by the department, to resolve10
such discrepancies and collect the signatures of additional parents or legal11
guardians. Signatures shall not be discounted over technicalities if the clear12
intent of the parent or legal guardian was to support the petition.13
(d) Transfer procedures for students who choose not to remain enrolled14
at the school as a result of the state board's decision to transfer the school to the15
jurisdiction of the Recovery School District.16
(3) The state Department of Education shall maintain records regarding17
the contents and outcomes of the petitions.18
(4) Parents or legal guardians shall be free from harassment, threats,19
and intimidation related to circulation of or signing a petition.20
(5) School and district resources shall not be used to support or oppose21
any effort by petitioning parents or legal guardians to gather signatures and22
submit a petition.23
* * *24
§158. School buses for transportation of students; employment of bus operators;25
alternative means of transportation; improvement of school bus turnarounds26
A.(1) Except as provided by Subsection H of this Section and in accordance27
with the requirements of Subsection F of this Section, each city, parish, and other28
local public school board shall provide free transportation for any student attending29 SB NO. 597
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a school of suitable grade approved by the State Board of Elementary and Secondary1
Education within the jurisdictional boundaries of the local board if the student2
resides more than one mile from such school. This requirement shall not apply to3
any student attending a nonpublic school pursuant to R.S. 17:4011 through4
4025.5
* * *6
§3973. Definitions7
As used in this Chapter, the following words, terms, and phrases shall have8
the meaning ascribed to them in this Section except when the context clearly9
indicates a different meaning:10
* * *11
(2)12
* * *13
(b) Charter schools shall be one of the following types:14
* * *15
(vi) Type 1B, which means a new school or a preexisting public school16
operated as the result of and pursuant to a charter between the nonprofit17
corporation created to operate the school and a local charter authorizer.18
Within such charter schools, pupils who reside within the state will be eligible19
to attend as provided in the charter.20
(3) "Chartering authority" means either a local school board , a local charter21
authorizer, or the State Board of Elementary and Secondary Education.22
(4) "Local charter authorizer" means an entity certified by the state23
board in accordance with this Chapter to enter into agreements with charter24
school operators.25
(5) "Local school board" means any city, parish, or other local public school26
board.27
(5) (6) "Public service organization" means any community-based group of28
fifty or more persons incorporated under the laws of this state that meets all of the29 SB NO. 597
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following requirements:1
(a) Has a charitable, eleemosynary, or philanthropic purpose.2
(b) Is qualified as a tax-exempt organization under Section 501(c) of the3
United States Internal Revenue Code and is organized for a public purpose.4
(6) (7) "State board" means the State Board of Elementary and Secondary5
Education.6
(8) "Charter operator" or "chartering group" means a local school7
board or nonprofit corporation created to operate a charter school.8
* * *9
§3981. State Board of Elementary and Secondary Education; powers and duties10
relative to charter schools11
The State Board of Elementary and Secondary Education shall:12
* * *13
(4) Review each proposed charter in a timely manner and in the order in14
which submitted and determine whether each proposed charter complies with the law15
and rules and whether the proposal is valid, complete, financially well-structured,16
educationally sound, whether it provides for a master plan for improving behavior17
and discipline in accordance with R.S. 17:252, whether it provides a plan for18
collecting data in accordance with R.S. 17:3911, and whether it offers potential for19
fulfilling the purposes of this Chapter. The board shall engage in an application20
review process that complies with the latest Principles and Standards for Quality21
Charter School Authorizing, as promulgated by the National Association of Charter22
School Authorizers, and shall provide for an independent evaluation of the charter23
proposal by a third party with educational, organizational, legal, and financial24
expertise.25
* * *26
(7) Approve common charter applications developed by the state27
Department of Education for use by all chartering authorities in the state. Such28
applications shall provide for a charter operator to submit one charter proposal29 SB NO. 597
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for the purposes of operating one charter school or a charter operator to submit1
one charter proposal for the purposes of operating multiple charter schools.2
(8) Actively recruit charter operators that offer a program of study or3
propose to offer a program of study that effectively addresses regional4
workforce needs, such as career and technical education, Industry Based5
Certifications, and vocational course work.6
§3981.1. State board; powers and duties relative to local charter authorizers7
A. The state board shall:8
(1) Approve a process for certifying entities as local charter authorizers9
as more fully specified in this Section.10
(2) Not certify any entity as a local charter authorizer under this Section11
unless it is in compliance with procedures and regulations established by the12
state board and the entity meets all of the following requirements:13
(a) The entity is either a state agency or a nonprofit corporation having14
an educational mission, including but not limited to a nonprofit corporation of15
a philanthropic or policy nature, a Louisiana public postsecondary education16
institution, or a nonprofit corporation established by the governing authority17
of a parish or municipality.18
(b) The entity does not operate any charter schools. An entity which19
operates charter schools may not be certified as a local charter authorizer.20
(c) The entity has been incorporated for not less than three years.21
(d) The entity has in its possession not less than five hundred thousand22
dollars in assets as reported to the Louisiana Department of Revenue.23
(3) Review each proposed local charter authorizer in a timely manner24
and determine whether each proposed local charter authorizer complies with25
the law and rules and whether the proposal is valid, complete, financially26
well-structured, and educationally sound, whether it provides for a master plan27
of academic excellence relative to the schools it shall oversee, whether it28
provides a plan for developing the capacity to authorize not fewer than five29 SB NO. 597
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schools and ensures the state board that it intends to authorize not fewer than1
five schools, and whether it offers potential for fulfilling the purposes of this2
Chapter. The board shall engage in an application review process that complies3
with the latest Principles and Standards for Quality Charter School4
Authorizing, as promulgated by the National Association of Charter School5
Authorizers, and shall provide for an independent evaluation of the charter6
proposal by a third party with educational, organizational, legal, and financial7
expertise.8
(4) Certify fewer than five local charter authorizers to operate in any9
Regional Labor Market Area, as defined by the Louisiana Workforce10
Commission, at any given time.11
(5) Approve a process by which charter schools authorized by a local12
charter authorizer shall be transferred to the state board as Type 2 or Type 513
charter schools should the local charter authorizer lose its certification by the14
state board or otherwise cease to exist.15
(6) The state board shall monitor and evaluate the schools authorized16
by a local charter authorizer in accordance with the school and district17
accountability system.18
B. The initial certification of a local charter authorizer shall be for a19
period of five years. After the third year of operation of any charter school20
authorized by the local chartering authorizer, the state board shall conduct a21
thorough review of the authorizer's activities and the performance of the22
charter schools authorized by the local charter authorizer, in accordance with23
the school and district accountability system. If the average performance of24
these charter schools is a letter grade of "C", "D", or "F" or any variation25
thereof, the authorizer shall be placed on probation and submit a plan for26
improving the performance of the schools under its authority to the state board.27
C. If the average performance of the charter schools authorized by the28
local charter authorizer is a letter grade of "C" or any variation thereof, after29 SB NO. 597
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the initial certification period, the state board may recertify the local charter1
authorizer under the condition that the local charter authorizer may not2
authorize any additional schools until the average performance of the charter3
schools authorized by the local charter authorizer is a letter grade of "A" or4
"B" or any variation thereof. The local charter authorizer may maintain the5
charter schools it has previously approved.6
D. If the average performance of the charter schools authorized by the7
local charter authorizer is a letter grade of "D" or "F" or any variation8
thereof, after the initial certification period, the state board shall not recertify9
the local charter authorizer and shall provide for the transfer the charter10
schools authorized by the local charter authorizer to the state board as Type 211
or Type 5 charter schools.12
E. After the initial certification period, the state board may grant13
renewal of certification for additional periods of not less than three years nor14
more than ten years after thorough review of the local chartering authority's15
activities and the performance of the charter schools authorized by the local16
charter authorizer. The state board shall continue to conduct a thorough review17
of the authorizer's activities and the performance of the charter schools18
authorized by the local charter authorizer, in accordance with the school and19
district accountability system, every three years. If at any three year review, the20
conditions specified in Subsections C and D of this Section are met, the21
outcomes specified in those Subsections shall apply.22
F. Nothing shall prohibit the state board from rescinding a charter23
approval or agreement between a local charter authorizer and a charter24
operator should the state board find that in approving the applicant or entering25
the agreement the authorizer has failed to comply with laws and regulations,26
including but not limited to whether the local charter authorizer has engaged27
in a transparent application review process that complies with the latest28
Principles and Standards for Quality Charter School Authorizing, as29 SB NO. 597
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promulgated by the National Association of Charter School Authorizers, and1
has provided for an independent evaluation of the charter proposal by a third2
party with educational, organizational, legal, and financial expertise.3
§3981.2. Local charter authorizers; powers and duties4
A.(1)(a) A local charter authorizer shall comply with R.S. 17:3983 and5
shall review and formally act upon charter proposals received within time lines6
established by the State Board of Elementary and Secondary Education that are7
consistent with national best practices in charter school authorizing. Such time8
lines shall require, at a minimum, an annual charter process in which local9
charter authorizers are afforded at least ninety days to evaluate such10
applications. In conducting such review, the local charter authorizer shall11
determine whether the proposed charter complies with the law and rules,12
whether the proposal is valid, complete, financially well-structured, and13
educationally sound, whether it provides for a master plan for improving14
behavior and discipline in accordance with R.S. 17:252, whether it provides a15
plan for collecting data in accordance with R.S. 17:3911, and whether it offers16
potential for fulfilling the purposes of this Chapter. The local charter17
authorizer shall engage in a transparent application review process that18
complies with the latest Principles and Standards for Quality Charter School19
Authorizing, as promulgated by the National Association of Charter School20
Authorizers, and shall provide for an independent evaluation of the charter21
proposal by a third party with educational, organizational, legal, and financial22
expertise. Each local charter authorizer shall use a common charter application23
developed by the state Department of Education and approved by the state24
board, but may request additional information from applicants as needed.25
(b) A local charter authorizer may accept charter proposals and notify26
charter applicants of its final decision pursuant to time lines approved by the27
state board. Notifications of charter proposals denied shall include written28
explanation of the reasons for such denial.29 SB NO. 597
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(2) The local charter authorizer shall make public through its website,1
and in printed form upon request, the following:2
(a) The guidelines for submitting a charter proposal in accordance with3
Paragraph (1) of this Subsection.4
(b) All forms required for submission of a charter proposal.5
(c) The time lines established for accepting and reviewing charter6
proposals.7
(d) The process that will be used to review charter proposals submitted8
to the board.9
(e) The name and contact information for a primary point of contact for10
charter proposals.11
(3) If any local charter authorizer fails to comply with Paragraphs (1)12
and (2) of this Subsection, the charter applicant may submit its proposal to the13
state board for its review and approval as a Type 2 charter. The state board14
shall make a determination as to whether the local charter authorizer failed to15
comply with Paragraphs (1) and (2) of this Subsection prior to reviewing the16
charter proposal. If the state board finds that the local charter authorizer has17
not adequately complied with Paragraphs (1) and (2) of this Subsection, it shall18
notify the local charter authorizer and permit the charter applicant to submit19
its proposal to the state board for its review or may rescind a charter approval20
or agreement between a local charter authorizer and a chartering organization21
pursuant to R.S. 17:3981.1(H). The state board shall review each proposal22
according to the process set forth in R.S. 17:3981(4) and shall provide written23
notification of its final decision to the charter applicant pursuant to time lines24
established by the state board.25
B. If a local charter authorizer loses its certification from the state board26
or otherwise ceases to exist, all of its public assets which it has acquired as a27
local charter authorizer pursuant to this Chapter shall become the property of28
the state board. Each charter school authorizer shall document all assets29 SB NO. 597
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acquired from private funds.1
C. If a preexisting public school or charter school converts to a Type 1B,2
students previously enrolled in the school shall maintain their seat at the3
school, unless they choose otherwise.4
§3982. Local school boards; duties5
A.(1)(a)(i) Local school boards shall comply with R.S. 17:3983 and shall6
review and formally act upon each proposed charter proposal received within time7
lines established by the State Board of Elementary and Secondary Education8
that are consistent with national best practices in charter school authorizing9
within ninety days of its submission and in the order in which submitted. Such time10
lines shall require, at a minimum, an annual charter application process in11
which local school boards are afforded at least ninety days to evaluate such12
applications. In doing conducting such review, the local school board shall13
determine whether each proposed charter complies with the law and rules, whether14
the proposal is valid, complete, financially well-structured, and educationally sound,15
whether it provides for a master plan for improving behavior and discipline in16
accordance with R.S. 17:252, whether it provides a plan for collecting data in17
accordance with R.S. 17:3911, and whether it offers potential for fulfilling the18
purposes of this Chapter. The local board shall engage in a transparent application19
review process that complies with the latest Principles and Standards for Quality20
Charter School Authorizing, as promulgated by the National Association of Charter21
School Authorizers, and shall provide for an independent evaluation of the charter22
proposal by a third party with educational, organizational, legal, and financial23
expertise. Each local board shall use a common charter application developed24
by the state Department of Education and approved by the state board, but may25
request additional information from applicants as needed.26
(ii) A local school board may accept charter proposals until February twenty-27
eighth of each year and shall provide written notification of its final decision to the28
chartering group and notify charter applicants of its final decision pursuant to29 SB NO. 597
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time lines approved by the state board. Notifications of charter proposals denied1
shall include written explanation of the reasons for such denial.2
* * *3
(2) The local school board shall make public through its website, and in4
printed form upon request, the guidelines for submitting a charter proposal, all forms5
required for submission of a charter proposal, the timelines established for accepting6
and reviewing charter proposals in accordance with Item (1)(a)(ii) of this7
Subsection, the process that will be used to review charter proposals submitted to8
the board, and the name and contact information for a primary point of contact for9
charter proposals. If no final decision is received within ninety days after the10
submission of the proposal, then the chartering group may submit its proposal to the11
state board for its review.12
(3) If any local board fails to comply with Paragraphs (1) and (2) of this13
Subsection, the charter applicant may submit its proposal to the state board for14
its review and approval as a Type 2 charter. The state board shall make a15
determination as to whether the local board failed to comply with Paragraphs16
(1) and (2) of this Subsection prior to reviewing the charter proposal. If the state17
board finds that the local board has not adequately complied with Paragraphs18
(1) and (2) of this Subsection, it shall notify the local board and permit the19
charter applicant to submit its proposal to the state board for its review. The20
state board shall review each proposal according to the process set forth in R.S.21
17:3981(4) and shall provide written notification of its final decision to the22
charter applicant pursuant to time lines established by the state board.23
(4) A local school board shall agree to rent any building at no more than24
fair market value in which a school that has applied to a local charter25
authorizer, subject to the school entering into an agreement with that26
authorizer, for the Type 1B school to remain in the building in which it was27
previously housed for the length of the charter agreement.28
* * *29 SB NO. 597
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§3983. Chartering process by type; eligibility; limitations; faculty approval;1
parental approval2
A.3
* * *4
(2)5
* * *6
(d) Each proposal for a Type 1B charter school shall be made to a7
certified local charter authorizer. If, after review as required by R.S. 17:3982.1,8
the local charter authorizer denies the proposal, or if conditions placed on the9
proposal by the local charter authorizer, as provided in Paragraph (B)(2) of this10
Section, are not acceptable to those proposing the charter, then a proposal for11
a Type 2 charter school may be made to the state board.12
* * *13
(3)(a) The State Board of Elementary and Secondary Education shall accept14
applications for charters only from April first through October thirty-first of each15
year. The board state board shall review and take action on every Type 2 and Type16
4 charter application it receives. The board shall not approve any charter17
application before May first of each year as provided in Paragraph (A)(4) of this18
Section.19
* * *20
(d)(i) Not later than January 1, 2013, the state board shall create a21
process for authorizing multiple charter schools for qualified charter operators22
that have a demonstrated record of success. The process shall include the23
evaluation of performance of charter operators that do not operate any schools24
in Louisiana based on the performance of schools operated in other states.25
(ii) Charter operators that meet the criteria established pursuant to Item26
(i) of this Subsection shall be eligible to enter into a performance-based replication27
contract with the state board. 28
(iii) For the purposes of this Chapter, a performance-based replication29 SB NO. 597
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contract shall mean a contract that provides for the operation of more than one1
charter school in the same charter agreement such that certain student2
achievement based performance targets shall be met for each school that is opened3
prior to opening any subsequent schools authorized under that contract, as4
determined by state board.5
* * *6
(4)(a) A local school board and a local charter authorizer may enter into7
any charter it finds valid, complete, financially well-structured, and educationally8
sound after meeting the requirements of this Chapter. Each such charter entered into9
shall be reported by the local school board or local charter authorizer to the State10
Board of Elementary and Secondary Education state board not less than two11
business days following the event.12
(b) The State Board of Elementary and Secondary Education state board may13
approve applications for charters as it has determined acceptable pursuant to R.S.14
17:3981(2). Applications may be approved only from May first through January15
thirty-first of each year.16
* * *17
(d) Prior to the consideration of a charter school proposal by any local school18
board, a local charter authorizer, or the state board, each charter applicant shall be19
afforded the opportunity to revise and resubmit the proposal based on the provide20
a written response to the independent evaluation conducted in accordance with R.S.21
17:3981(4) and R.S. 17:3982(A)(1)(a)(i) or R.S. 17:3982.1(A)(1)(a), as applicable.22
Such response shall be available to the independent reviewers for consideration23
prior to issuing a final recommendation to the local school board, local charter24
authorizer, or state board. However, if a proposal is not approved by the local25
school board or local charter authorizer and then also not approved by the state26
board within the same approval cycle, then the proposal shall be submitted to the27
local school board or a local charter authorizer for its consideration during the28
next approval cycle prior to being submitted to the state board.29 SB NO. 597
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* * *1
B.2
* * *3
(2) Additionally, each approved charter may be approved subject to whatever4
other resolutory or suspensive conditions the chartering authority requires provided5
those entering into the charter agree with the conditions. If the local board or local6
charter authorizer seeks to amend the charter agreement in a manner that is7
unacceptable to the charter school or if the charter school finds requested terms8
for charter renewal to be unacceptable, the charter school may petition the state9
board to convert to a Type 2 charter school. Upon receipt of such request, the10
state board shall notify the local board or local charter authorizer of the request11
and shall permit the local board to provide a response prior to any action on12
such request.13
* * *14
D.(1) Prior to approving a charter for a Type 1 or Type 3 school, the local15
school board considering the proposal shall hold a public meeting for the purpose of16
considering the proposal and receiving public input. Such meeting shall be held after17
reasonable efforts have been made by the board to notify the public of the meeting18
and its content.19
(2) Prior to approving a charter for a Type 1B school, the local charter20
authorizer considering the proposal shall hold a public meeting for the purpose21
of receiving public input. Such meeting shall be held in the general area to be22
served by the school after reasonable efforts have been made to notify the public23
of the meeting and its content.24
(3) Approval by a local charter authorizer shall be in accordance with25
the conditions of its certification as established by the state board.26
* * *27
G. If the local school system in which a charter operator intends to apply28
to operate a school has received a letter grade designation of "D" or "F" or any29 SB NO. 597
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variation thereof, then a proposal for a Type 2 charter school may be made to1
the state board.2
* * *3
§3991. Charter schools; requirements; limitations; renewal; amendment; revocation4
* * *5
B. Each proposed charter shall contain or make provision for the following:6
* * *7
(3) Admission requirements, if any, that are consistent with the school's role,8
scope, and mission may be established pursuant to rules promulgated by the state9
board. Such admission requirements shall be specific and shall include a system for10
admission decisions which precludes exclusion of pupils based on race, religion,11
gender, ethnicity, national origin, intelligence level as ascertained by an intelligence12
quotient examination, or identification as a child student with an exceptionality as13
defined in R.S. 17:1943(4) R.S. 17:1942(B). Such admission requirements may14
include, however, specific requirements related to a school's mission such as15
auditions for schools with a performing arts mission or achievement of a certain16
academic record for schools with a college preparatory proficiency in a foreign17
language for schools with a language immersion mission. No local board shall18
assign any pupil to attend a charter school.19
* * *20
(13) Manner in which teachers and other school employees will be evaluated21
in accordance with R.S. 17:3997.22
* * *23
C. A charter school shall:24
(1)25
* * *26
(c)27
* * *28
(iv) Unless otherwise provided for within the charter, charter schools may not29 SB NO. 597
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enroll in any given year more than one hundred twenty percent of the total number1
of students which had been approved in their charter without formally amending2
their charter. The state board may authorize the state superintendent of3
education and the superintendent of the Recovery School District to amend the4
charter of any Type 5 charter school participating in a unified enrollment5
system administered by the Recovery School District for the purpose of6
adjusting student enrollment limitations.7
* * *8
(6)(a)(i) Except for Type 5 charter schools to which the requirements9
provided in Subparagraph (b) of this Paragraph apply, employ teachers certified by10
the state board or the French Ministry of Education for at least seventy-five percent11
of the instructional staff employed by the charter school.12
(ii) The remaining portion of the All instructional staff shall meet at least one13
of the following requirements have at least a baccalaureate degree and shall be14
subject to all provisions of state law relative to background checks applicable to the15
employment of public school personnel.16
(aa) Be authorized under law or state board regulation to teach temporarily17
while seeking a regular teaching certificate.18
(bb) Have at least a bachelor's degree or at least ten years of experience19
related to the teaching position for which he is being hired, demonstrate exemplary20
skills in his field of expertise, and be providing instruction under the supervision of21
a certified teacher. Any individual who makes an application for employment under22
this Item shall be employed based on a determination of the applicant's qualifications23
by the charter school.24
(b) A Type 5 charter school shall:25
(i) Beginning no later than the second school year of operation, have not less26
than the percentage of teachers certified by the state board than was the case in the27
school prior to its transfer to the Recovery School District.28
(ii) Beginning no later than the third school year of operation, have a teacher29 SB NO. 597
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certified by the state board teaching every core subject. Core subject shall be defined1
by the state board by rule.2
(iii) All other instructional staff employed in a Type 5 charter school shall3
meet the same requirements as provided in Item (a)(ii) of this Paragraph.4
D.5
* * *6
(2)(a)(i) Notwithstanding the provisions of R.S. 17:158(A), if the local7
school board is requested to provide transportation services to a charter school8
student pursuant to R.S. 17:158, then the charter school receiving the transportation9
services shall reimburse the local school board for the actual cost of providing such10
transportation unless an amount less than actual cost is agreed upon by both11
parties.12
* * *13
H.(1) Any assets acquired by a Type 1, 2, 3, or 5 charter school are the14
property of that charter school for the duration of that school's charter agreement.15
Any assets acquired by a Type 4 charter school are the property of the local school16
board. If the charter agreement of any Type 1, 2, 3, or 5 charter school is revoked17
or the school otherwise ceases to operate, all assets purchased with any public funds18
become the property of the chartering authority. Charter schools are to maintain19
records of any assets acquired with any private funds which remain the property of20
the nonprofit organization operating the charter school.21
(2) Any assets acquired by a Type 1B charter school are the property of22
that charter school for the duration of that school's charter agreement. If the23
charter agreement is revoked or the school otherwise ceases to operate, all24
assets purchased with public funds become the property of the chartering25
authority. Charter schools are to maintain records of any assets acquired with26
any private funds which remain the property of the nonprofit corporation27
operating the charter school.28
* * *29 SB NO. 597
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§3992. Charter revision and renewal1
A.(1) Unless revoked as provided for in Subsection C of this Section, an2
approved school charter shall be valid for an initial period of five four years and3
may be extended for a maximum initial term of five years, contingent upon the4
results of the reporting requirements at the end a review conducted after the5
completion of the third year as provided in R.S. 17:3998(A)(2), and R.S. 17:3998.6
The initial five-year charter may be renewed for additional periods of not less than7
three nor more than ten years after thorough review by the approving chartering8
authority of the charter school's operations and compliance with charter9
requirements. The process for renewing a school charter shall be the same as for10
initial charter approval, with a written report being provided annually to the11
chartering authority regarding the school's academic progress that year. The12
chartering authority shall notify the chartering group in writing of any decisions13
made relative to the renewal or nonrenewal of a school's charter not later than14
January thirty-first of the year in which the charter would expire. A notification that15
a charter will not be renewed shall include written explanation of the reasons for16
such non-renewal. Pursuant to Subsection C of this Section and using such annual17
review process, a charter may be revoked for failure to meet agreed-upon academic18
results as specified in the charter.19
* * *20
D. For each charter school which has met the criteria of Subparagraph21
(A)(2)(c) of this Section pursuant to automatic renewal, a charter operator shall22
be eligible to open and operate two additional schools that serve the same grade23
levels and the same enrollment boundaries as defined in the charter agreement24
of the school meeting the criteria of Subparagraph (A)(2)(c) of this Section25
without formal application to the chartering authority with which the charter26
agreement for the school that meets the criteria of Subparagraph (A)(2)(c) of27
this Section is held. The charter operator shall notify its chartering authority28
of its intent to open one or two additional charter schools pursuant to this29 SB NO. 597
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Section at least one-hundred and twenty calendar days prior to the day on1
which each additional school shall enroll students. At least ninety calendar days2
prior to the day on which each additional school shall enroll students, the3
chartering authority shall enter into a charter agreement with the charter4
operator for each additional school and shall notify the state board of its action.5
§3995. Charter school funding6
A.(1) Except as otherwise provided by this Subsection, for the purpose of7
funding, a Type 1, Type 3, and Type 4 charter school shall be considered an8
approved public school of the local school board entering into the charter agreement9
and shall receive a per pupil amount each year from the local school board based on10
the October first membership count of the charter school. Except as otherwise11
provided by this Subsection, Type 1B and Type 2 charter schools shall receive a per12
pupil amount each year from the state Department of Education using state funds13
specifically provided for this purpose. Type 2 charter schools authorized by the State14
Board of Elementary and Secondary Education after July 1, 2008, shall receive a per15
pupil amount state board each year as provided in the Minimum Foundation16
Program approved formula. A local charter authorizer shall not retain more than17
two percent of the per pupil amount for administrative purposes. The per pupil18
amount provided to a Type 1, 1B, 2, 3, or 4 charter school shall be computed19
annually and shall be equal to no less than the per pupil amount received by the20
school district in which the charter school is located from the following sources21
based on the district's October first membership count:22
* * *23
(c) The provisions of this Paragraph permitting the calculation of the per24
pupil amount to be provided to a Type 1, 1B, 2, 3, or 4 charter school to exclude any25
portion of local revenues specifically dedicated by the legislature or by voter26
approval to capital outlay or debt service, shall be applicable only to a charter school27
housed in a facility or facilities provided by the district in which the charter school28
is located.29 SB NO. 597
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* * *1
§3996. Charter schools; exemptions; requirements2
* * *3
C. A charter school established and operated in accordance with the4
provisions of this Chapter shall comply with state and federal laws and regulations5
otherwise applicable to public schools with respect to civil rights and individuals6
with disabilities. Any Type 1B, Type 2, or Type 5 charter school shall be considered7
the local education agency for the purposes of any special education funding or8
statutory definitions, while the local school board shall remain the local education9
agency for any Type 1, 3, or 4 charter school.10
* * *11
G. All charter schools established and operated in accordance with the12
provisions of this Chapter shall comply with the provisions of R.S. 39:1301 through13
1315. Each Type 1, 3, and 4 charter school annually shall submit its budget to the14
local school board that approved its charter, and such board shall submit the charter15
school's budget to the state superintendent of education in accordance with the16
provisions of R.S. 17:88. Each Type 1B charter school annually shall submit its17
budget to its authorizer. Each Type 2 and Type 5 charter school annually shall18
submit its budget directly to the state superintendent of education.19
* * *20
§3998. Reports; review21
A.(1) Each chartering authority shall report to the state board on the number22
of schools chartered, the status of those schools, and any recommendations by July23
first of each year.24
(2) B. Each charter school shall provide a comprehensive report to be25
reviewed by its chartering authority at the end after the completion of the third26
year. If the charter school is achieving its stated goals and objectives pursuant to its27
approved charter, then the chartering authority shall extend the duration of the28
charter for the additional two-year period a maximum initial term of five years as29 SB NO. 597
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provided in R.S. 17:3992(A)(1). If the charter school is not achieving its stated1
goals and objectives pursuant to its approved charter, then the chartering2
authority shall not extend the duration of the charter and it shall expire at the3
end of the school's fourth year.4
B. The state board shall review information regarding the laws, regulations,5
and policies from which charter schools were exempt pursuant to this Chapter to6
determine if the exemptions assisted or impeded the charter schools in meeting their7
stated goals and objectives.8
C. The state board shall report to the governor and to the Senate and House9
Committees on Education no later than January 1, 2001, on its initial findings10
including recommendations to modify, expand, or terminate the approach.11
D. In preparing the report required by this Section, the state board shall12
compare to the extent statistically possible the performance of charter school pupils13
with the performance of ethnically and economically comparable groups of pupils14
in other schools who are enrolled in academically comparable courses, including a15
fiscal and programmatic analysis based on the total per pupil funding in each charter16
school in relation to the total per pupil funding in the respective local public school17
system that has been invested in instruction.18
* * *19
§4001. Louisiana Charter School Start-Up Loan Fund; creation; purpose;20
distribution21
A. The Louisiana Charter School Start-Up Loan Fund, hereafter referred to22
as the "fund", is hereby created within the state treasury for the purposes of23
providing a source for funding no-interest loans to assist both existing and new type24
Type 1, Type 1B, type Type 2, or type Type 3 charter schools with initial start-up25
funding and for funding the administrative and legal cost associated with the charter26
school program.27
* * *28
C.(1) The State Board of Elementary and Secondary Education state board29 SB NO. 597
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shall administer the use of the monies appropriated from the fund and shall adopt1
rules in accordance with the Administrative Procedure Act. The adopted rules shall2
specify that state board approval of any type Type 2 charter school proposal that3
includes within its budget a request for loan funding which complies with the4
provisions of this Section and details regarding how those loan funds are to be5
expended, shall constitute the approval of that loan amount. No additional loan6
application paperwork shall be required. Any type Type 1 or type Type 3 charter7
school approved by their local school board and a Type 1B charter school8
approved by a certified local charter authorizer shall be required to submit no9
more than their approved charter proposal and a detailed budget identifying how any10
loan funds are to be expended and how such request complies with the provisions of11
this Section. The state board may reject any such request which does not comply12
with terms of this Section. Such rules shall also note that any loan funding may only13
be used to purchase tangible items such as equipment, technology, instructional14
materials, and facility acquisition, upgrade, and repairs. Such equipment or other15
items shall become the property of the state if the loan is not fully repaid by virtue16
of the school ceasing to operate during the three years of automatic loan repayment17
as noted in Paragraph (3) of this Subsection.18
(2) Loans shall be made only to type Type 1, Type 1B, type Type 2, and19
type Type 3 charter schools and shall not exceed one hundred thousand dollars to20
pay for charter school start-up and early operating expenses. No money lent as21
provided in this Section may be used to pay prior debts of the nonprofit corporation22
which formed the charter school, any of the natural persons principally involved in23
forming the charter school, or any former or current business or nonprofit venture24
of any such natural persons for any purchase not related to the creation of the charter25
school, or to pay to members of the immediate family of any such natural persons,26
or to make any investments.27
PART VII. COURSE PROVIDERS28
§4002.1. Course Providers; short title29 SB NO. 597
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This Part shall be known as the "Course Choice Program".1
§4002.2. Legislative findings2
The legislature finds and declares that:3
(1) It is in the public interest that all Louisiana school children have4
access to the type and format of education that best meets the needs of the5
individual student, that each student has different needs that merit a variety of6
course choices on the individual student level, and that the state has the right,7
responsibility, duty, and obligation to accomplish the objective of a quality,8
individualized education for all Louisiana children.9
(2) Enrollment of children in course work offered by course providers10
is in compliance with the objectives of Louisiana's compulsory attendance law;11
course providers in Louisiana make a significant educational and economic12
contribution towards meeting the goal of a quality, individualized education for13
every Louisiana school child; and Louisiana has recognized and encouraged14
that contribution through on-line education and dual enrollment in15
postsecondary education institutions for many years.16
(3) Effective course providers exist in Louisiana.17
(4) Course providers can offer a quality education to students and it is18
in the public interest to offer students the means of accessing the educational19
opportunities offered by per course providers by providing students with the20
public funds allocated to them from local and state sources to enroll in such21
courses.22
(5) Postsecondary education institutions can serve as quality course23
providers for students who seek advanced level course work or technical or24
vocational instruction.25
(6) Online or virtual course providers can serve as quality course26
providers for students who desire additional access to high quality courses,27
especially but not limited to those students enrolled at low-performing public28
schools, students who for reasons of geography may not be able to exercise their29 SB NO. 597
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right to educational choice, and students who may desire an alternative1
schooling schedule or calendar.2
(7) Business and industry can serve as quality course providers that offer3
course work in their particular field or expertise with the goal of increasing the4
skilled workforce required for a robust Louisiana economy.5
§4002.3. Definitions6
As used in this Part, unless otherwise clearly indicated, the following7
terms mean:8
(1) "Eligible funded student" means any student who resides in9
Louisiana and meets one of the following criteria:10
(a) Is attending a public school that received a letter grade of "C", "D",11
or "F", or any variation thereof, according to the Louisiana School and District12
Accountability System.13
(b) Is attending a public school that does not offer the course in which14
the student desires to enroll, as determined by the state board.15
(c) Is enrolled in an approved home study program.16
(d) Is a scholarship recipient pursuant to R.S. 17:4013 and attends a17
participating school in accordance with R.S. 17:4011 through 4025.18
(2) "Eligible participating student" means any student who resides in19
Louisiana and meets one of the following criteria:20
(a) Is attending a public school that has received a letter grade of "A"or21
"B", or any variation thereof, according to the school and district accountability22
system.23
(b) Is attending a nonpublic school that is approved, provisionally24
approved, or probationally approved by the state board pursuant to RS 17:11.25
(3) "Course provider" means an entity that offers individual courses in26
person or online, including but not limited to online or virtual education27
providers, postsecondary education institutions, and corporations that offer28
vocational or technical course work in their field, and have been authorized to29 SB NO. 597
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provide such courses by the state board.1
(4) "State board" means the State Board of Elementary and Secondary2
Education.3
§4002.4. State board; powers and duties relative to per course providers4
A.(1) Not later than January 1, 2013, the state board shall create a5
process for authorizing course providers that shall determine whether each6
proposed course provider complies with the law and rules, whether the proposal7
is valid, complete, financially well-structured, and educationally sound, whether8
it provides a plan for collecting data in accordance with R.S. 17:3911, and9
whether it offers potential for fulfilling the purposes of this Part. The state10
board shall provide for an independent evaluation of the proposal by a third11
party with educational, organizational, legal, and financial expertise.12
(2) The process shall provide for an agreement with the course provider13
that shall include, at a minimum, a plan for implementing or providing the14
following:15
(a) Administration of state assessments as required by the school and16
district accountability system, except to students as defined by R.S.17
17:4004(1)(c).18
(b) The parishes or local school systems in which the per course provider19
will operate.20
(c) Proposed courses offered, alignment of said courses by the course21
provider with the requirements provided in R.S. 17:24.4, and the designated22
length of each course offered.23
(d) Alignment of the courses offered by the course provider with any24
type of approved Louisiana diploma, including those provided in R.S. 17:183.2,25
183.3, and 236.1.26
(e) Assurances that the course provider shall, to the best of its ability,27
collaborate and coordinate with a local school system or other school in which28
a eligible funded student or eligible participating student is enrolled full time.29 SB NO. 597
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B. (1) The initial authorization of the course provider shall be for a1
period of three years. After the second year of the initial authorization period,2
the state board shall conduct a thorough review of the course provider's3
activities and the student achievement performance of the students enrolled in4
courses offered by the course provider in accordance with the school and5
district accountability system. If the performance of the students enrolled in6
courses offered by the course provider pursuant to the school and district7
accountability system does not meet performance standards set by the state8
board, the state board shall place the course provider on probation.9
(2) After the initial three year authorization period, the state board may10
reauthorize the course provider for additional periods of not less than three11
years nor more than five years after thorough review of the course provider's12
activities and the achievement of students enrolled in courses offered by the course13
provider.14
(3) The state board shall monitor and evaluate the course provider in15
accordance with performance expectations set forth by the state board in which16
student achievement is the predominant criterion.17
(4) The state board shall create a process for common course numbering18
of all courses listed in the course catalogue and for determining whether courses19
are in compliance with R.S. 17:24.4. For courses offered by postsecondary20
education institutions that are authorized course providers, the state board shall21
consult with the Board of Regents.22
C. Not later than January 1, 2013, the state board shall create a23
reciprocal teacher certification process for teachers who reside in other states24
but who are employed by authorized course providers and teach virtual25
education courses to satisfy the state certification requirements pursuant to R.S.26
17:17.1.27
D. Prior to the 2013-2014 school year, the state board shall create a28
course catalogue for all courses offered, by parish.29 SB NO. 597
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§4002.5. Local school systems; per course providers1
A.(1) Each local school system shall establish policies and procedures2
whereby for each eligible funded student, except those defined in R.S.3
17:4004(1)(c), or eligible participating student attending public school:4
(a) Credits earned through the per course provider shall appear on the5
eligible funded student's or eligible participating student's official transcript6
and count fully towards the requirements of any approved Louisiana diploma.7
(b) The eligible funded student and the eligible participating student8
attending a public school shall be administered the tests required pursuant to9
RS 17:24.4.10
(c) The eligible funded student and the eligible participating student11
attending public school shall receive all non-instructional and instructional12
services which he would be entitled if attending the school in which he is13
enrolled full time for all courses, including by not limited to special education14
services pursuant to the eligible funded student or eligible participating15
student's Individual Education Plan, and transportation and food services at the16
same level provided to all students who are enrolled at the school for all courses.17
B. Each local public school system shall make available to all students18
the course catalogue as provided by the state board during the annual course19
enrollment process for that local school system.20
C. No local public school system shall actively discourage, intimidate, or21
threaten an eligible funded student or an eligible participating student during22
the course enrollment process or at any time for that local school system.23
D. The aggregate test scores of students who are enrolled in a course24
pursuant to this Part and in accordance with Subsection A of this Section shall25
be counted in the school performance score for the school in which the student26
is enrolled full time. However, these test scores also shall be reported to and27
published by the state Department of Education for each course provider in an28
easy to understand format and on the department's website.29 SB NO. 597
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E. The eligible funded student, except for those defined in R.S.1
4004(1)(c), and the eligible participating student who is enrolled in a public2
school shall enroll in at least one course at the school in which they are enrolled3
full time.4
F. The state board shall adopt rules necessary to implement this Part,5
including but not limited to the requirements of school governing authorities or6
local school systems whose students enroll in courses offered by authorized7
course providers.8
§4002.6. Per course providers; funding9
A.(1) The per course provider shall receive a per course amount for each10
eligible funded student.11
(2) For purposes of this Part, the per course amount means an amount12
equal to the market rate as determined by the course provider and reported to13
the state Department of Education up to one-sixth of ninety percent of the per14
pupil amount each year as determined by the minimum foundation program for15
the local school system in which the eligible funded student resides. Any16
remaining funds, except those specified in Paragraph (3) of this Subsection, for17
that student shall be returned to the state or to the local school system according18
to the pro rata share for the per pupil amount each year as determined by the19
minimum foundation program for the local school system in which the student20
resides. Transfers of per course payments shall be made by the state21
Department of Education on behalf of the responsible city or parish school22
system in which the student resides to the authorized course provider.23
(3) An amount equal to ten percent of the per pupil amount according24
to the pro rata share as determined each year by the minimum foundation25
program for the local school system in which the eligible funded student resides26
shall remain with the local school system in which the eligible funded student27
is enrolled full time. These funds shall be used to finance any administrative or28
operational costs to support students enrolled in courses offered by course29 SB NO. 597
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providers, as determined by the state board.1
(4) Paragraph (3) of this Subsection shall not apply to students defined2
in R.S. 17:4004(1)(c). The per course provider shall receive payment only for the3
courses in which the student is enrolled in accordance with Subsection C of this4
Section The remaining funds for students defined in R.S. 17:4004(1)(c) shall be5
returned to the state or to the local public school system according to the pro6
rata share for the per pupil amount each year as determined by the minimum7
foundation program for the local school system in which the student resides.8
The remaining funds for students defined in R.S. 17:4004(1)(d) shall remain9
with the participating school in which the student is enrolled and in accordance10
with R.S. 17:4011 through 4025.11
B. (1) The course provider may charge tuition to any eligible12
participating student in an amount equal to the amount determined by the13
course provider and reported to the state Department of Education in14
accordance with Paragraph (A)(2) of this Section.15
(2) The course provider shall accept the amount specified in Paragraph16
(A)(2) of this Section as total tuition and fees for the eligible participating17
student.18
C.(1) Fifty percent of the amount of tuition to be paid or transferred19
through the minimum foundation program to the course provider shall be paid20
or transferred upon student enrollment in a course and fifty percent shall be21
paid or transferred upon course completion according to the published course22
length.23
(2) If a student does not complete a course according to the published24
course length in which the per course provider has received the first payment25
pursuant to Paragraph (1) of this Subsection, the provider shall receive forty26
percent of the per course amount as defined in Paragraph (A)(2) of this Section27
only if the student completes the course and receives credit for the course prior28
to exiting or graduating from high school pursuant to RS 17:24.4.29 SB NO. 597
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(3). The remaining ten percent of the per pupil amount according to the1
pro rata share as determined each year by the minimum foundation program2
for the local public school system in which the eligible funded student resides3
shall remain with the school in which the eligible funded student is enrolled full4
time. This shall be in addition to the ten percent specified in Paragraph (A)(3)5
of this Section.6
* * *7
§4011. Short title8
This Chapter shall be known and may be cited as the "Student Scholarships9
for Educational Excellence Act".10
§4012. Legislative findings11
The legislature finds and declares that:12
(1) It is in the public interest that all Louisiana schoolchildren receive the13
best education that its citizens can provide, and the state of Louisiana has the right,14
responsibility, duty, and obligation to accomplish the objective of quality education15
for all Louisiana children, particularly for those children in school systems that have16
been declared to be academically in crisis.17
(2) Attendance of children at nonpublic schools constitutes compliance with18
the objectives of Louisiana's compulsory attendance law; nonpublic schools in19
Louisiana make a significant educational and economic contribution towards20
meeting the goal of a quality education for every Louisiana school child; and21
Louisiana has recognized and encouraged that contribution through providing22
textbooks and transportation to students attending approved nonpublic schools for23
many decades.24
(3) Effective nonpublic schools exist in Louisiana's school systems ,25
including those that are academically in crisis.26
(4) Nonpublic schools can offer a quality education to students in systems27
that are academically in crisis, and it is in the public interest to offer students in such28
all systems the means of accessing the educational opportunities offered by29 SB NO. 597
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nonpublic schools by providing them with scholarships to attend such schools.1
(5) Academically acceptable public schools can serve as quality alternatives2
for students attending low-performing public schools.3
§4013. Definitions4
As used in this Chapter, unless otherwise clearly indicated, the following5
terms shall mean:6
(1) "Covered district" means a local public school system which meets all7
of the following criteria:8
(a) Has been found to be academically in crisis pursuant to R.S. 17:10.6.9
(b) Has had schools transferred to the jurisdiction of the Recovery School10
District pursuant to R.S. 17:10.7.11
(c) Is located in a municipality with a population of at least three hundred12
thousand persons according to the latest federal decennial census and includes the13
Recovery School District established pursuant to R.S. 17:1990 to the extent that14
schools under the district's jurisdiction are located within the geographic boundaries15
of a covered district.16
(2) "Department" means the state Department of Education.17
(3) (2) "Eligible student" means a student who resides within the geographic18
boundaries of a covered district, in Louisiana, is a member of a family with a total19
income that does not exceed two hundred fifty percent of the current federal poverty20
guidelines as established by the federal office of management and budget, and who21
meets any one of the following criteria:22
(a) Is entering kindergarten and has enrolled in the local school system in23
which the public school he would have otherwise attended is located. Each local24
school system shall conduct its annual kindergarten enrollment process and25
shall report such enrollment to the department prior to the program enrollment26
process.27
. (b) Was enrolled in a public school located within a covered district during28
the previous in Louisiana on February first of the most recent school year in a29 SB NO. 597
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program-eligible grade and such school has been identified as academically1
unacceptable or has a school performance score or an assessment index of sixty or2
less as defined by the State Board of Elementary and Secondary Education received3
a letter grade of "C", "D", or "F" or any variation thereof, for the most recent4
year pursuant to policies developed and adopted by the board for implementation of5
the school and district accountability system.6
(c) Received a scholarship pursuant to this Chapter in the previous school7
year and remains otherwise eligible.8
(4) (3) "Participating school" means a nonpublic school that meets program9
requirements and seeks to enroll scholarship recipients pursuant to this Chapter or10
a public school located within the geographic boundaries of a covered district that11
meets program requirements and seeks to enroll scholarship recipients pursuant to12
this Chapter subject to any court-ordered desegregation plan in effect for the school13
system in which the public school is located.14
(5) (4) "Program" means the Student Scholarships for Educational Excellence15
Program.16
(6) (5) "Scholarship" means the funds awarded to a parent or other legal17
guardian on behalf of an eligible student to attend a participating public or18
nonpublic school pursuant to this Chapter.19
(7) (6) "Scholarship recipient" means an eligible student who is awarded a20
scholarship pursuant to this Chapter.21
§4014. Student Scholarships for Educational Excellence Program; creation22
The Student Scholarships for Educational Excellence Program is hereby23
created and shall be administered by the state Department of Education department.24
§4015. Program administration25
In administering the program pursuant to this Chapter, the department shall:26
(1) Determine student eligibility for awarding scholarships.27
(2) Receive the notice of intent from schools seeking to participate in the28
program, which shall include the number of available seats per grade, and29 SB NO. 597
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qualify such schools for participation in the program, and determine the number of1
available seats, by grade, at participating schools. For eligible public schools, the2
notice of intent shall be submitted by the principal of the school with the3
approval of the local superintendent. The local school board shall delegate the4
authority to participate in the program to the local superintendent.5
(3)(a) Accept applications from parents and other or legal guardians of6
eligible students and award scholarships to eligible students who submit applications,7
up to the number of available seats in each grade at all participating schools. Each8
application shall indicate the parent or legal guardian's choice or choices of9
participating schools.10
(b) In the event there are more eligible students who submit applications than11
there are available seats at participating schools for any grade, the department shall12
utilize conduct a random selection process to award scholarships that provides each13
eligible student an equal opportunity for selection. However, the department may14
give preference to the following:15
(i) Siblings of students already enrolled in the participating school.16
(ii) Students enrolled in the Nonpublic School Early Childhood17
Development Program at the participating school.18
(iii) Participating students transferring from an ineligible school19
pursuant to R.S. 17:4015.20
(c) For the purposes of the random selection process, twins, triplets,21
quadruplets, and other such multiple births shall constitute one individual.22
(4) Notify parents and other or legal guardians of eligible students who23
applied for scholarships whether they have been awarded a scholarship and of the24
process that must be followed to enroll in a placed at a particular participating25
school. The scholarship recipient shall be placed through the random selection26
process and according to his indicated preferences as provided in Paragraph (3)27
of this Subsection. For the purposes of this Section, a unified enrollment system28
administered by the Recovery School District may be considered the random29 SB NO. 597
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selection process. The department shall continue the random selection process1
until each seat is filled prior to the start of the school year.2
(5) Remit scholarship payments to participating schools on behalf of a3
scholarship recipient.4
(6) Receive independent financial audits from participating nonpublic5
schools as required by this Chapter R.S. 17:4022(4).6
(7) In the event that there are more scholarship recipients applying for7
enrollment in a participating school than there are available seats, ensure that the8
school shall select scholarship recipients for admission utilizing a random selection9
process that provides each scholarship recipient with an equal opportunity for10
selection. The department shall establish a time line that coordinates a random11
selection process at all participating schools and shall ensure that each participating12
school adopts procedures for conducting such random selection process and notifies13
the parents or legal guardians of scholarship recipients of the procedures to be14
followed should a random selection process be required.15
(8) For students enrolled in the program, annually verify the eligibility status16
of each student and notify his parent or other legal guardian of his status by not later17
than April thirtieth or a date determined by the department that would provide18
students who are no longer eligible for a scholarship sufficient time to apply to19
another school within the covered district.20
(9) Provide (7) Annually publish each scholarship recipient and their parent21
or legal guardian with a list of the following information for all schools22
participating in the program. :23
(a) The most recent aggregate average proficiency rates on state24
assessments for scholarship recipients enrolled at each participating school.25
(b) A list of all public schools with a letter grade of "C", "D", or "F", or26
any variation thereof.27
(c) The rate at which scholarship recipients finish the highest grade level28
offered at a participating school, by entering cohort.29 SB NO. 597
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(d) The retention rate for scholarship recipients.1
(f) The percentage of parents or legal guardians of scholarship recipients2
who are satisfied with the participating school.3
(10) (8)(a) Place any participating school that fails to comply with the audit4
provisions pursuant to R.S. 17:4022(4) on probation for a period of one year during5
which such school shall not be permitted to enroll additional scholarship recipients.6
(b) If such school has not come into is not in full compliance by the end of7
the one-year probationary period, the school shall be ineligible to participate in the8
program until such time as the department has determined that the school is in full9
compliance.10
(c) The department shall assist any scholarship recipient attending a school11
that is no longer eligible ineligible to participate in the program to transfer in12
transferring to another participating school, provided such school has sufficient13
capacity at the appropriate grade level.14
§4016. Scholarship amounts; funding15
A. The state board shall allocate annually from the minimum foundation16
program an The amount per pupil to each participating school equal to the17
amount allocated per student to the local school system in which the18
participating student resides. This amount shall be counted toward the19
equitable allocation of funds appropriated to parish and city school systems as20
provided in Article VIII, Section 13(B) of the state constitution. of the21
scholarship provided on behalf of a scholarship recipient shall be an amount22
equivalent to ninety percent of the per pupil amount the covered district receives23
from combined state and local sources If or the maximum amount of tuition plus24
incidental or supplementary fees that are charged to non-scholarship students25
enrolled in such school and any costs incurred in administering the tests required26
pursuant to R.S. 17:4023 is less than the amount allocated per student to the local27
school system in which the student resides, whichever is less. any remaining28
funds shall be returned to the state or to the local public school system in which29 SB NO. 597
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the scholarship recipient attended or otherwise would be attending public1
school for that year according to the pro rata share for the per pupil amount2
each year as determined by the minimum foundation program for the local3
public school system in which the scholarship recipient attended or otherwise4
would be attending public school for that year.5
B. Transfers of scholarship payments shall be made by the Department6
of Education on behalf of the responsible city or parish school districts to7
eligible nonpublic and eligible public schools. The amount of the scholarship8
provided on behalf of a scholarship recipient that enrolls in a participating school9
that does not charge tuition shall be an amount equivalent to ninety percent of the per10
pupil amount the covered district receives from combined state and local sources or11
the participating school's actual cost of educating a student plus any costs incurred12
in administering the tests required pursuant to R.S. 17:4023, whichever is less.13
C. For If a scholarship recipient who is enrolled in a participating14
nonpublic school would have been entitled to receive special education services15
there shall be added to the amount of the scholarship an amount equivalent to special16
education funding provided to a covered district for such a student from federal17
sources. A participating public school receiving a scholarship payment for a18
scholarship recipient pursuant to this Chapter shall not receive any funds through the19
Minimum Foundation Program for such student. in the public school he would20
otherwise be attending, his parent or legal guardian shall indicate in writing, as21
part of the enrollment process, one of the following:22
(1) That the scholarship recipient's parent or legal guardian revokes23
consent for the participating student to receive such services from either the24
nonpublic participating school or the local school system in which the25
scholarship recipient otherwise would be attending. declines to receive such26
services.27
(2)(a) That the scholarship recipient will receive such services from the28
participating nonpublic school if the school chooses to offer such services. In29 SB NO. 597
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such case the nonpublic school may charge a higher tuition for students1
receiving such services, the state board shall allocate annually from the2
minimum foundation program an amount per pupil to each participating school3
equal to a special education tuition amount based on the cost of providing4
special education services identified for that student to the nonpublic5
participating school. This amount shall be in addition to the nonpublic6
participating school's maximum scholarship payment as described in7
Subsections (A) and (B) of this Section but the total of the payment and the8
special education tuition shall not exceed the amount allocated for that student9
to the local school system if the student otherwise would be attending public10
school.11
((b) To offer special education services pursuant to Item (a) of this12
Subsection, a nonpublic participating school shall meet all of the following13
eligibility criteria:14
(i) Has existed and provided educational services to students with15
exceptionalities as defined in R.S. 17:1942, excluding students deemed to be16
gifted or talented, for at least two years prior to participation in the program17
and such provision of services shall be pursuant to an established program in18
place at the school that includes instruction by teachers holding appropriate19
certification in special education or other appropriate education or training as20
defined by the department and that is in accordance with a student's Individual21
Education Plan and rules and regulations developed as required in this Section.22
(ii) In accordance with time lines as determined by the department, each23
nonpublic participating school choosing to offer special education services shall24
inform the department of the types of student exceptionalities as defined in R.S.25
17:1942 that the school is willing to serve.26
D. Funding for scholarships awarded to parents or other legal guardians of27
eligible students pursuant to this Chapter shall be provided by an appropriation from28
the legislature from the state general fund. Each scholarship recipient is a member29 SB NO. 597
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of the local public school system in which he attended or otherwise would be1
attending public school for that school year. Prior to the program enrollment2
process and in accordance with a time line specified by the department for this3
purpose, students entering kindergarten shall enroll in the membership of the4
local public school system in which they otherwise would be attending public5
school for that school year. Each local public school system shall conduct its6
annual kindergarten enrollment process in accordance with the department's7
time line and shall report such enrollment to the department prior to the8
program enrollment process.9
E. The total amount of state funds expended to implement the provisions of10
this Chapter for Fiscal Year 2008-2009 shall not exceed ten million dollars.11
§4017. Payment of scholarships12
A. The Department of Education department shall remit scholarship13
payments directly to each participating school on behalf of the parent or other legal14
guardian of a scholarship recipient. The parent or other legal guardian shall assign15
the full value of the scholarship to the participating school.16
B. The amount to be paid for a scholarship shall be divided into four equal17
payments to be made to each participating school in September, November,18
December, February, and May of each school year. Payments shall be based on per19
pupil count dates as determined by the department. No refunds shall be made to the20
department or to the parent or other legal guardian if the scholarship recipient21
withdraws from the program or is otherwise not enrolled prior to the next count date.22
The school in which the scholarship recipient is enrolled on the next count date23
shall receive the next payment.24
§4018. Student eligibility25
A. For the 2008-2009 academic year, students shall be eligible to receive26
their initial scholarships when entering kindergarten or when entering the first,27
second, or third grade if they attended public school in the covered district during the28
previous school year. Students in grades four through twelve shall be eligible for29 SB NO. 597
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scholarships as additional grade levels are added to the program.1
B. Scholarship recipients shall remain eligible to receive scholarships in each2
succeeding year that they remain enrolled in a participating school through grade3
twelve. As the 2008-2009 cohort of scholarship recipients advances in grade level,4
one additional grade level of eligibility shall be added to the program, beginning in5
2009-2010. Student eligibility continues Eligibility shall continue if a student6
recipient transfers from one participating school to another participating school.7
§4019. District eligibility8
A covered district that is eligible for inclusion in the program on June 25,9
2008, shall be considered a covered district for the duration of the program.10
§4020. School participation; application11
A. Participation in this program by a school is voluntary, and nothing in this12
Chapter shall not be construed to authorize any additional regulation of participating13
schools beyond that specifically authorized by this Chapter.14
B. Any school that wishes to participate in the program and enroll15
scholarship recipients annually shall notify the department of its intent to participate16
in the program by February first of the previous school year; except that for the17
2008-2009 2012-2013 school year, a school that seeks to participate in the program18
shall notify the department of its intent to participate not later than July 30, 2008.19
June 30, 2012. The notice shall specify the number of seats the school will have20
available for scholarship recipients at each grade level and the maximum amount of21
tuition attributable to each available seat, as applicable.22
§4021. School eligibility23
A. To be eligible to participate in the program, a nonpublic school shall meet24
all of the following criteria:25
(1) Be approved, provisionally approved, or probationally approved by the26
State Board of Elementary and Secondary Education pursuant to R.S. 17:11.27
(2) Comply with the criteria set forth in Brumfield, et al. v. Dodd, et al. 42528
F. Supp. 528.29 SB NO. 597
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(3)(a) Enrollment of scholarship recipients in a participating school that has1
been in operation for less than two years shall not exceed twenty percent of such2
school's total student enrollment.3
(b) The department may grant a waiver of this requirement to a participating4
school if at least one of the following criteria is met:5
(i) the The governing authority of such the school demonstrates a proven6
record of successful operation of other schools.7
(ii) The governing authority of the school demonstrates its financial8
viability by submitting to the department a letter of credit or a surety bond9
from an accredited financial institution authorized to do business in this state.10
B. To be eligible to participate in the program, a public school shall be11
determined to be academically acceptable have received a letter grade of "A" or12
"B", or any variation thereof, for the most recent school year pursuant to the13
Louisiana School and District Accountability Program school and district14
accountability system.15
C. Scholarship recipients enrolled in a participating school that fails to meet16
the eligibility criteria established in this Section may transfer to another participating17
school for the succeeding school year without loss of eligibility, and such students18
recipients shall be given preference for enrollment at other participating schools.19
§4022. Participating schools; requirements20
Each participating school shall:21
(1) Within sixty days after the scholarship program admissions period as22
scheduled by the department, notify the applicant in writing whether the applicant23
has been accepted.24
(2) Use an open admissions process in enrolling scholarship recipients in the25
program and shall not require any additional eligibility criteria other than those26
specified in R.S. 17:4013(3)(2). In the event that there are more scholarship27
recipients applying for enrollment in a participating school than there are available28
seats, select scholarship recipients for admission utilizing a random selection process29 SB NO. 597
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that provides each scholarship recipient with equal opportunity for selection.1
However, a participating school may give preference to siblings of a student who is2
already enrolled in the participating school. For the purposes of such random3
selection process, twins, triplets, quadruplets, and other such multiple births shall4
constitute one individual. Participating schools shall notify the department of any5
scholarship recipient not selected by random selection so that the department may6
notify those students of other participating schools with an available seat. In the7
event that the student not selected does not wish to enroll in another participating8
school, the school shall add the student to a waiting list so that he may be enrolled9
when a seat becomes available. Students may remain on more than one participating10
school's waiting list; however, upon enrolling in a participating school, their names11
shall be removed from waiting lists maintained by other participating schools.12
(3) Notify (2) Within ten business days of the first day of school as13
determined by the participating school, notify the department of scholarship14
recipients enrolled.15
(4) (3) Submit to the department an independent financial audit of the school16
conducted by a certified public accountant who has been approved by the legislative17
auditor. Such audit shall be accompanied by the auditor's statement that the report18
is free of material misstatements and fairly presents the participating school's19
maximum tuition or actual cost of educating a student pursuant to R.S. 17:4016. The20
audit shall be limited in scope to those records necessary for the department to make21
scholarship payments to the participating school and shall be submitted to the22
legislative auditor for review and investigation of any irregularities or audit findings.23
The participating school shall return to the state any funds that the legislative auditor24
determines were expended in a manner inconsistent with state law or program25
regulations. The cost of such audit shall be paid by the department from funds26
appropriated by the legislature to implement the provisions of this Chapter.27
(5) (4) Accept the scholarship amounts provided to scholarship recipients as28
full payment of all educational costs, including incidental or supplementary fees, that29 SB NO. 597
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are charged to all enrolled students, including but not limited to meals, field trips,1
and before- or after-school care.2
(6) (5) Upon enrolling scholarship recipients pursuant to this Chapter, allow3
such students Allow scholarship recipients to remain enrolled in the school for the4
duration of the school year at no additional cost to the state or the recipients'5
parents or legal guardians if the school voluntarily withdraws from the program6
provided that continued funding is appropriated by the legislature for the program.7
However, students a scholarship recipient may be expelled from the school8
according to the school's discipline policy or disqualified from enrollment in9
subsequent years if the student is no longer eligible for the program as determined10
by the department. In the event and shall report such dismissal to the11
department within two business days of such dismissal. If funding is not12
available to continue the program, the participating school shall allow a scholarship13
recipient to remain enrolled in such school, provided such student recipient meets14
the school's requirements for continued enrollment and the student's his parent or15
legal guardian assumes responsibility for paying the tuition and fees charged to all16
students enrolled in the school.17
(7) (6) Prior to enrollment, inform the parent or other legal guardian of a18
scholarship recipient of any and all rules, policies, and procedures of such school,19
including but not limited to academic policies, disciplinary rules, and procedures of20
the school. Enrollment of a scholarship recipient in a participating school constitutes21
acceptance of any such rules, policies, and procedures of such school.22
§4023. Testing23
A participating nonpublic school shall ensure that scholarship recipients are24
administered all examinations required pursuant to the Louisiana School and District25
Accountability System school and district accountability system at the prescribed26
grade levels including the Louisiana Educational Assessment Program, the integrated27
Louisiana Educational Assessment Program (iLEAP), and graduation exit28
examinations and that the results of such examinations are provided to parents29 SB NO. 597
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or legal guardians.1
§4024. Reports2
The Department of Education department annually shall report to the Senate3
Committee on Education, the House Committee on Education, and the Joint4
Legislative Committee on the Budget regarding the implementation of the program,5
including the number of eligible students receiving scholarships, a list of6
participating schools and the number of scholarship recipients each such school7
enrolled, and aggregate test result data for the scholarship recipients enrolled in each8
participating school.9
§4025. Rules10
The State Board of Elementary and Secondary Education shall adopt and11
promulgate rules and regulations in accordance with the Administrative Procedure12
Act to implement the provisions of this Chapter.13
Section 2. R.S. 17:3991(B)(9) and 3996(A)(16) and (B)(4) are hereby repealed in14
their entirety.15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Proposed law revises the Student Scholarships for Educational Excellent Progroam to make
it a statewide program and to otherwise revise. Revises the charter school law to provide for
a program under which nonprofit corporations may be certified as charter authorizers and
to provide relative to schools chartered by such authorzers. Further provides for charters for
per course providers and generally liberalizes the process for granting charters. Provides
relative to the transfer of schools to the Recover School District pursuant to a petition signed
by parents. Provides relative to foreign language immersion programs.
(Amends R.S. 17:158(A)(1), 3973(3) through (6), 3981(4), 3982(A)(1)(a) and (2),
3983(A)(3)(a), (4)(a), (b), and (d), (B)(2), (D), and (G), 3991(B)(3) and (13), (C)(1)(c)(iv)
and (6), (D)(2)(a)(i), and (H), 3992(A)(1), 3995(A)(1)(intro. para.) and (c), 3996(C) and (G),
3998, 4001(A) and (C)(1) and (2), and 4011 through 4025; Adds 17:10.5(F), 3973(2)(b)(vi),
(7), and (8), 3981(7) and (8), 3981.1, 3981.2, 3982(A)(3) and (4), 3983(A)(2)(d) and (3)(d),
3992(D), and 4002 through 4007; Repeals R.S. 17:3991(B)(9), 3996(A)(16) and (B)(4))