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Regular Session, 2012
SENATE BILL NO. 597
BY SENATOR APPEL AND REPRESENTATI VES CARTER AND KLECKLEY
STUDENTS. Provides relative to school choice, including the Student Scholarships for
Educational Excellence Program, parent petitions to transfer certain schools to be RSD,
charter school authorizers, and course providers. (gov sig)
AN ACT1
To amend and reenact R.S. 17:158(A)(1), 3973(3) through (6), 3981(4), 3982(A)(1)(a) and2
(2) and (B), 3983(A)(2)(a)(i), (3)(a), and (4)(a), (b), and (d), (B)(2), and (D),3
3991(B)(3) and (13), (C)(1)(c)(iv) and (6), (D)(2)(a)(i), and (H), 3992(A)(1),4
3995(A)(1)(introductory paragraph) and (c) and (4)(a), 3996(C) and (G), 3998,5
4001(A) and (C)(1) and (2), and 4011 through 4025, to enact R.S. 17:10.5(F),6
3973(2)(b)(vi) and (7), 3981(7) and (8), 3981.1, 3981.2, 3982(A)(3),7
3983(A)(2)(a)(iii) and (d) and (3)(d) and (E)(3), 3992(D), and Part VII of Chapter8
42 of Title 17 of the Revised Statutes of 1950, to be comprised of R.S. 17:4002.19
through 4002.6, and to repeal R.S. 17:3991(B)(9) and 3996(A)(16) and (B)(4),10
relative to school choice; to provide relative to the Student Scholarships for11
Educational Excellence Program; to provide relative to program eligibility and12
participation requirements for students and schools; to provide relative to selection13
and enrollment of eligible students; to provide relative to funding and payments to14
eligible schools including eligible nonpublic schools; to provide for reports; to15
provide for the submission of petitions by parents requesting that a school be16
transferred to the Recovery School District under certain conditions; to require rules17 SB NO. 597
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and regulations to be adopted by the State Board of Elementary and Secondary1
Education for the petition process; to change charter proposal submission time lines;2
to provide a mechanism for Type 1 and Type 3 charter schools to convert to a Type3
2 charter school under certain conditions; to authorize the state board to allow the4
state superintendent of education and the superintendent of the Recovery School5
District to amend the charter of Type 5 charter schools to accommodate a unified6
enrollment system; to modify the initial charter period; to provide for charter school7
admission requirements; to allow foreign language immersion schools to establish8
special admission standards; to provide for the qualifications of teachers; to provide9
relative to the evaluation of charter school teachers and other school employees; to10
provide relative to teacher certification requirements; to remove the requirement that11
charter schools comply with laws relative to the length of the school year; to provide12
for the Course Choice Program; to provide for program definitions and funding; to13
provide for the powers of the State Board of Elementary and Secondary Education14
and local public school systems relative to course providers; to provide relative to15
entities that authorize charter schools; to provide for certification of certain state16
agencies and nonprofit corporations as charter authorizers; to provide relative to the17
responsibilities of the State Board of Elementary and Secondary Education with18
respect to certification of such authorizers; to provide relative to requirements,19
powers, responsibilities, and limitations of such authorizers; to provide relative to20
schools whose charter is authorized by such entities, including matters related to21
funding for such schools; to provide for procedures, processes, fees, and regulations;22
and to provide for related matters.23
Be it enacted by the Legislature of Louisiana:24
Section 1. R.S. 17:158(A)(1), 3973(3) through (6), 3981(4), 3982(A)(1)(a) and (2)25
and (B), 3983(A)(2)(a)(i), (3)(a), and (4)(a), (b), and (d), (B)(2), and (D), 3991(B)(3) and26
(13), (C)(1)(c)(iv) and (6), (D)(2)(a)(i), and (H), 3992(A)(1), 3995(A)(1)(introductory27
paragraph) and (c) and (4)(a), 3996(C) and (G), 3998, 4001(A) and (C)(1) and (2), and 401128
through 4025 are hereby amended and reenacted and R.S. 17:10.5(F), 3973(2)(b)(vi) and (7),29 SB NO. 597
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3981(7) and (8), 3981.1, 3981.2, 3982(A)(3), 3983(A)(2)(a)(iii) and (d) and (3)(d) and1
(E)(3), 3992(D), and Part VII of Chapter 42 of Title 17 of the Revised Statutes of 1950, to2
be comprised of R.S. 17:4002.1 through 4002.6 are enacted to read as follows:3
§10.5. School and district accountability; failing schools; transfer to Recovery4
School District; parent petitions5
* * *6
F.(1) Notwithstanding the provisions of Paragraph (A)(1) of this Section,7
a public school shall be removed from the jurisdiction of the city, parish, or8
other local public school board or other public entity and transferred to the9
jurisdiction of the Recovery School District if such transfer is approved by the10
State Board of Elementary and Secondary Education and both of the following11
conditions are met:12
(a) Parents or legal guardians representing more than fifty percent of13
the students attending the school sign a petition requesting that the school be14
transferred to the Recovery School District.15
(b) The school has received a letter grade of "F" or any variation16
thereof, pursuant to the Louisiana School and District Accountability System17
for three consecutive years.18
(2) The State Board of Elementary and Secondary Education shall19
develop and adopt rules and regulations for implementation of this Subsection20
which shall include but not be limited to:21
(a) The format and procedures for submitting a petition pursuant to this22
Subsection to the state superintendent of education to be brought by him before23
the State Board of Elementary and Secondary Education for review pursuant24
to the process established for the consideration of schools eligible for transfer25
to the Recovery School District as provided in this Section.26
(b) A requirement that each student may be signed for by his parents or27
legal guardians only one time on any given petition such that each student28
equals one signature.29 SB NO. 597
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(c) Signature validation procedures that include the following1
requirements:2
(i) That upon submission of a petition, the state Department of3
Education shall determine if the number of signatures represents more than4
fifty percent of the students attending the school.5
(ii) That the signatures be assumed valid unless challenged or there is6
reasonable doubt of their validity. If validity is challenged or doubted, the7
department shall, within forty-five calendar days, review and verify the8
signatures. If the department finds that the number of valid signatures does not9
represent more than fifty percent of the students attending the school, parents10
or legal guardians shall have thirty calendar days, commencing with a date11
specified by the department, to resolve such discrepancies and collect the12
signatures of additional parents or legal guardians. Signatures shall not be13
discounted over technicalities if the clear intent of the parent or legal guardian14
was to support the petition.15
(d) Transfer procedures for students who choose not to remain enrolled16
at the school as a result of the state board's decision to transfer the school to the17
jurisdiction of the Recovery School District.18
(3) The state Department of Education shall maintain records regarding19
the contents and outcomes of the petitions.20
(4) Parents or legal guardians shall be free from harassment, threats,21
and intimidation related to circulation of or signing a petition.22
(5) School and district resources shall not be used to support or oppose23
any effort by petitioning parents or legal guardians to gather signatures and24
submit a petition.25
* * *26
§158. School buses for transportation of students; employment of bus operators;27
alternative means of transportation; improvement of school bus turnarounds28
A.(1) Except as provided by Subsection H of this Section and in accordance29 SB NO. 597
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with the requirements of Subsection F of this Section, each city, parish, and other1
local public school board shall provide free transportation for any student attending2
a school of suitable grade approved by the State Board of Elementary and Secondary3
Education within the jurisdictional boundaries of the local board if the student4
resides more than one mile from such school. This requirement shall not apply to5
any student attending a nonpublic school pursuant to R.S. 17:4011 through6
4025.7
* * *8
§3973. Definitions9
As used in this Chapter, the following words, terms, and phrases shall have10
the meaning ascribed to them in this Section except when the context clearly11
indicates a different meaning:12
* * *13
(2)14
* * *15
(b) Charter schools shall be one of the following types:16
* * *17
(vi) Type 1B, which means a new school or a preexisting public school18
operated as the result of and pursuant to a charter between the nonprofit19
corporation created to operate the school and a local charter authorizer.20
Within such charter schools, pupils who reside within the state will be eligible21
to attend as provided in the charter.22
(3) "Chartering authority" means either a local school board , a local charter23
authorizer, or the State Board of Elementary and Secondary Education.24
(4) "Local charter authorizer" means an entity certified by the state25
board in accordance with this Chapter to enter into agreements with chartering26
groups.27
(5) "Local school board" means any city, parish, or other local public school28
board.29 SB NO. 597
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(5) (6) "Public service organization" means any community-based group of1
fifty or more persons incorporated under the laws of this state that meets all of the2
following requirements:3
(a) Has a charitable, eleemosynary, or philanthropic purpose.4
(b) Is qualified as a tax-exempt organization under Section 501(c) of the5
United States Internal Revenue Code and is organized for a public purpose.6
(6) (7) "State board" means the State Board of Elementary and Secondary7
Education.8
§3981. State Board of Elementary and Secondary Education; powers and duties9
relative to charter schools10
The State Board of Elementary and Secondary Education shall:11
* * *12
(4) Review each proposed charter in a timely manner and in the order in13
which submitted and determine whether each proposed charter complies with the law14
and rules and whether the proposal is valid, complete, financially well-structured,15
educationally sound, whether it provides for a master plan for improving behavior16
and discipline in accordance with R.S. 17:252, whether it provides a plan for17
collecting data in accordance with R.S. 17:3911, and whether it offers potential for18
fulfilling the purposes of this Chapter. The board shall engage in an 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.24
* * *25
(7) Approve common charter applications developed by the state26
Department of Education for use by all chartering authorities in the state. The27
application shall allow a potential chartering group to propose any number of28
charter schools through a single application.29 SB NO. 597
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(8) Actively recruit chartering groups that offer a program of study or1
propose to offer a program of study that effectively addresses regional2
workforce needs, such as career and technical education, industry-based3
certifications, and vocational course work.4
§3981.1. State board; powers and duties relative to local charter authorizers5
A. The state board shall:6
(1) Approve a process for certifying entities as local charter authorizers7
as more fully specified in this Section.8
(2) Not certify any entity as a local charter authorizer under this Section9
unless it is in compliance with procedures and regulations established by the10
state board and the entity meets all of the following requirements:11
(a) The entity is either a state agency or a nonprofit corporation having12
an educational mission, including but not limited to a nonprofit corporation of13
a philanthropic or policy nature, a Louisiana public postsecondary education14
institution, or a nonprofit corporation established by the governing authority15
of a parish or municipality.16
(b) The entity does not operate any charter schools. An entity which17
operates charter schools may not be certified as a local charter authorizer.18
(c) The entity has been incorporated for not less than three years.19
(d) The entity has in its possession not less than five hundred thousand20
dollars in assets net of liabilities as reported to the Louisiana Department of21
Revenue.22
(3) Review each proposed local charter authorizer in a timely manner23
and determine whether each proposed local charter authorizer complies with24
the law and rules and whether the proposal is valid, complete, financially25
well-structured, and educationally sound, whether it provides for a master plan26
of academic excellence relative to the schools it shall oversee, whether it27
provides a plan for developing the capacity to authorize not fewer than five28
schools and assures the state board that it intends to authorize not fewer than29 SB NO. 597
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five schools, and whether it offers potential for fulfilling the purposes of this1
Chapter. The board shall engage in an application review process that complies2
with the latest Principles and Standards for Quality Charter School3
Authorizing, as promulgated by the National Association of Charter School4
Authorizers, and shall provide for an independent evaluation of the charter5
proposal by a third party with educational, organizational, legal, and financial6
expertise.7
(4) Certify not more than five local charter authorizers to operate in any8
regional labor market area, as defined by the Louisiana Workforce9
Commission, at any given time.10
(5) Approve a process by which charter schools authorized by a local11
charter authorizer shall be transferred to the state board as Type 2 or Type 512
charter schools should the local charter authorizer lose its certification by the13
state board or otherwise cease to exist.14
(6) Monitor and evaluate the schools authorized by a local charter15
authorizer in accordance with the school and district accountability system.16
B. The initial certification of a local charter authorizer shall be for a17
period of five years. After the third year of operation of any charter school18
authorized by the local chartering authorizer, the state board shall conduct a19
thorough review of the authorizer's activities and the performance of the20
charter schools authorized by the local charter authorizer, in accordance with21
the school and district accountability system. If the average performance of22
these charter schools is a letter grade of "C", "D", or "F" or any variation23
thereof, the authorizer shall be placed on probation and submit a plan for24
improving the performance of the schools under its authority to the state board.25
C.(1) If the average performance of the charter schools authorized by26
the local charter authorizer is a letter grade of "C" or any variation thereof27
after the initial certification period, the state board may recertify the local28
charter authorizer under the condition that the local charter authorizer may not29 SB NO. 597
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authorize any additional schools until the average performance of the charter1
schools authorized by the local charter authorizer is a letter grade of "A" or2
"B" or any variation thereof. The local charter authorizer may maintain the3
charter schools it has previously approved.4
(2) If the average performance of the charter schools authorized by the5
local charter authorizer is a letter grade of "D" or "F" or any variation thereof6
after the initial certification period, the state board shall not recertify the local7
charter authorizer and shall provide for the transfer of the charter schools8
authorized by the local charter authorizer to the state board as Type 2 or Type9
5 charter schools.10
D. After the initial certification period, the state board may grant11
renewal of certification for additional periods of not less than three years nor12
more than ten years after thorough review of the local chartering authority's13
activities and the performance of the charter schools authorized by the local14
charter authorizer. The state board shall continue to conduct a thorough review15
of the authorizer's activities and the performance of the charter schools16
authorized by the local charter authorizer, in accordance with the school and17
district accountability system, every three years.18
E. If the average performance of the charter schools authorized by the19
local charter authorizer is a letter grade of "C" or any variation thereof after20
any three year review, the local charter authorizer may not authorize any21
additional schools until the average performance of those schools is a letter22
grade of "A" or "B" or any variation thereof. If the average performance of23
the charter schools authorized by the local charter authorizer is a letter grade24
of "D" or "F" or any variation thereof after any three year review, the state25
board shall cancel the local charter authorizer's certification and provide for26
the transfer of those schools to the state board as Type 2 or Type 5 charter27
schools.28
F. The state board may rescind a charter approval or agreement29 SB NO. 597
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between a local charter authorizer and a chartering group if the state board1
finds that in approving the applicant or entering the agreement the authorizer2
has failed to comply with laws and regulations, including but not limited to3
whether the local charter authorizer has engaged in a transparent application4
review process that complies with the latest Principles and Standards for5
Quality Charter School Authorizing, as promulgated by the National6
Association of Charter School Authorizers and has provided for an independent7
evaluation of the charter proposal by a third party with educational,8
organizational, legal, and financial expertise.9
§3981.2. Local charter authorizers; powers and duties10
A.(1)(a) A local charter authorizer shall comply with R.S. 17:3983 and11
shall review and formally act upon charter proposals received within time lines12
established by the State Board of Elementary and Secondary Education that are13
consistent with national best practices in charter school authorizing. Such time14
lines shall require, at a minimum, an annual charter process in which local15
charter authorizers are afforded at least ninety days to evaluate such16
applications. In conducting such review, the local charter authorizer shall17
determine whether the proposed charter complies with the law and rules,18
whether the proposal is valid, complete, financially well-structured, and19
educationally sound, whether it provides for a master plan for improving20
behavior and discipline in accordance with R.S. 17:252, whether it provides a21
plan for collecting data in accordance with R.S. 17:3911, and whether it offers22
potential for fulfilling the purposes of this Chapter. The local charter23
authorizer shall engage in a transparent application review process that24
complies with the latest Principles and Standards for Quality Charter School25
Authorizing, as promulgated by the National Association of Charter School26
Authorizers, and shall provide for an independent evaluation of the charter27
proposal by a third party with educational, organizational, legal, and financial28
expertise. Each local charter authorizer shall use a common charter application29 SB NO. 597
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developed by the state Department of Education and approved by the state1
board, but may request additional information from applicants as needed.2
(b) A local charter authorizer may accept charter proposals and notify3
charter applicants of its final decision pursuant to time lines approved by the4
state board. Notifications of charter proposals denied shall include written5
explanation of the reasons for such denial.6
(2) The local charter authorizer shall make public through its website,7
and in printed form upon request, the following:8
(a) The guidelines for submitting a charter proposal in accordance with9
Paragraph (1) of this Subsection.10
(b) All forms required for submission of a charter proposal.11
(c) The time lines established for accepting and reviewing charter12
proposals.13
(d) The process that will be used to review charter proposals submitted14
to the board.15
(e) The name and contact information for a primary point of contact for16
charter proposals.17
(3) If a charter applicant believes that a local charter authorizer has not18
complied with Paragraphs (1) and (2) of this Subsection in its evaluation of an19
application, the charter applicant may submit its proposal to the state board for20
its review and approval as a Type 2 charter. If the state board determines that21
the local charter authorizer failed to comply with Paragraphs (1) and (2) of this22
Subsection, it shall notify the local charter authorizer of that determination and23
may proceed with its own review of the charter application. The state board24
shall review each proposal according to the process set forth in R.S. 17:3981(4)25
and shall provide written notification of its final decision to the charter26
applicant pursuant to time lines established by the state board.27
B. If a local charter authorizer loses its certification from the state board28
or otherwise ceases to exist, all of its public assets which it has acquired as a29 SB NO. 597
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local charter authorizer pursuant to this Chapter shall become the property of1
the state board. Each charter school authorizer shall document all assets2
acquired from private funds.3
C. If a preexisting public school or charter school converts to a Type 1B,4
students previously enrolled in the school shall maintain their seat at the school,5
unless they choose otherwise.6
§3982. Local school boards; duties7
A.(1)(a)(i) Local school boards shall comply with R.S. 17:3983 and shall8
review and formally act upon each proposed charter proposal received within time9
lines established by the State Board of Elementary and Secondary Education10
that are consistent with national best practices in charter school authorizing11
within ninety days of its submission and in the order in which submitted. Such time12
lines shall require, at a minimum, an annual charter application process in13
which local school boards are afforded at least ninety days to evaluate such14
applications. In doing conducting such review, the local school board shall15
determine whether each proposed charter complies with the law and rules, whether16
the proposal is valid, complete, financially well-structured, and educationally sound,17
whether it provides for a master plan for improving behavior and discipline in18
accordance with R.S. 17:252, whether it provides a plan for collecting data in19
accordance with R.S. 17:3911, and whether it offers potential for fulfilling the20
purposes of this Chapter. The local board shall engage in a transparent application21
review process that complies with the latest Principles and Standards for Quality22
Charter School Authorizing, as promulgated by the National Association of Charter23
School Authorizers, and shall provide for an independent evaluation of the charter24
proposal by a third party with educational, organizational, legal, and financial25
expertise. Each local board shall use a common charter application developed26
by the state Department of Education and approved by the state board, but may27
request additional information from applicants as needed.28
(ii) A local school board may accept charter proposals until February twenty-29 SB NO. 597
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eighth of each year and shall provide written notification of its final decision to the1
chartering group and notify charter applicants of its final decision pursuant to2
time lines approved by the state board. Notifications of charter proposals denied3
shall include written explanation of the reasons for such denial.4
* * *5
(2) The local school board shall make public through its website, and in6
printed form upon request, the guidelines for submitting a charter proposal, all forms7
required for submission of a charter proposal, the timelines time lines established for8
accepting and reviewing charter proposals in accordance with Item (1)(a)(ii) of this9
Subsection, the process that will be used to review charter proposals submitted to10
the board, and the name and contact information for a primary point of contact for11
charter proposals. If no final decision is received within ninety days after the12
submission of the proposal, then the chartering group may submit its proposal to the13
state board for its review.14
(3) If a charter applicant believes that a local school board has not15
complied with Paragraphs (1) and (2) of this Subsection in its evaluation of an16
application, the charter applicant may submit its proposal to the state board for17
its review and approval as a Type 2 charter. If the state board determines that18
the school board failed to comply with Paragraphs (1) and (2) of this Subsection,19
it shall notify the school board of that determination and may proceed with its20
own review of the charter application. The state board shall review each21
proposal according to the process set forth in R.S. 17:3981(4) and shall provide22
written notification of its final decision to the charter applicant pursuant to time23
lines established by the state board.24
B. Local school boards shall make available to chartering groups any vacant25
school facilities or any facility slated to be vacant for lease or purchase up to fair26
market value. In the case of a Type 1B or a Type 2 charter school created as a result27
of a conversion, the facility and all property within the existing school shall be made28
available to that chartering group. In return for the use of the facility and its29 SB NO. 597
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contents, the chartering group shall pay a proportionate share of the local school1
board's bonded indebtedness to be calculated in the same manner as set forth in R.S.2
17:1990(C)(2)(a)(i). If such facilities were constructed at no cost to the local school3
board, then such facilities, including all equipment, books, instructional materials,4
and furniture within such facilities, shall be provided to the charter school at no cost.5
§3983. Chartering process by type; eligibility; limitations; faculty approval;6
parental approval7
A.8
* * *9
(2)(a)(i) Each proposal for a Type 1 or Type 3 charter school shall first be10
made to the local school board with jurisdiction where the school is to be located,11
except in the case of a local system in academic crisis as provided for in Item (ii)12
Items (ii) or (iii) of this Subparagraph, involving the submission of by submitting13
a written proposal. If, after review as required by R.S. 17:3982, the local school14
board denies the proposal, or if conditions placed on the proposal by the local school15
board, as provided in Paragraph (B)(2) of this Section, are not acceptable to those16
proposing the charter the chartering group, then a proposal for a Type 2 charter17
school may be made to the State Board of Elementary and Secondary Education18
state board.19
* * *20
(iii) If the local school system in which a chartering group intends to21
apply to operate a school has received a letter grade designation of "D" or "F"22
or any variation thereof, then a proposal for a Type 2 charter school may be23
made to the state board.24
* * *25
(d) Each proposal for a Type 1B charter school shall be made to a26
certified local charter authorizer. If, after review as required by R.S. 17:3981.2,27
the local charter authorizer denies the proposal, or if conditions placed on the28
proposal by the local charter authorizer, as provided in Paragraph (B)(2) of this29 SB NO. 597
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Section, are not acceptable to those proposing the charter, then a proposal for1
a Type 2 charter school may be made to the state board.2
* * *3
(3)(a) The State Board of Elementary and Secondary Education shall accept4
applications for charters only from April first through October thirty-first of each5
year. The board state board shall review and take action on every Type 2 and Type6
4 charter application it receives. The board shall not approve any charter7
application before May first of each year as provided in Paragraph (A)(4) of this8
Section.9
* * *10
(d)(i) Not later than January 1, 2013, the state board shall create a11
process for authorizing multiple charter schools for qualified chartering groups12
that have a demonstrated record of success. The process shall include the13
evaluation of performance of chartering groups that do not operate any schools14
in Louisiana based on the performance of schools operated in other states.15
(ii) Chartering groups that meet the criteria established pursuant to Item16
(i) of this Subparagraph are eligible to apply for and be granted approval of17
multiple charter agreements through a single application. However, even if18
multiple charter agreements are approved pursuant to a single application, the19
chartering group shall open only one school at a time. Only after each such20
school meets specified performance targets, as determined by the chartering21
authority, may the chartering group open a subsequently approved school.22
* * *23
(4)(a) A local school board and a local charter authorizer may enter into24
any charter it finds valid, complete, financially well-structured, and educationally25
sound after meeting the requirements of this Chapter. Each such charter entered into26
shall be reported by the local school board or local charter authorizer to the State27
Board of Elementary and Secondary Education state board not less than two28
business days following the event.29 SB NO. 597
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(b) The State Board of Elementary and Secondary Education state board1
may approve applications for charters as it has determined acceptable pursuant to2
R.S. 17:3981(2). Applications may be approved only from May first through January3
thirty-first of each year.4
* * *5
(d) Prior to the consideration of a charter school proposal by any local school6
board, a local charter authorizer, or the state board, each charter applicant shall be7
afforded the opportunity to revise and resubmit the proposal based on the provide8
a written response to the independent evaluation conducted in accordance with R.S.9
17:3981(4) and R.S. 17:3982(A)(1)(a)(i), 3981.2(A)(1)(a), or 3982(A)(1)(a)(i), as10
applicable. Such response shall be available to the independent reviewers for11
consideration prior to issuing a final recommendation to the chartering12
authority. However, if a proposal is not approved by the local school board or local13
charter authorizer and then also not approved by the state board within the same14
approval cycle, then the proposal shall be submitted to the local school board or a15
local charter authorizer for its consideration during the next approval cycle prior16
to being submitted to the state board.17
* * *18
B.19
* * *20
(2) Additionally, each approved charter may be approved subject to whatever21
other resolutory or suspensive conditions the chartering authority requires provided22
those entering into the charter agree with the conditions. If the local board or local23
charter authorizer seeks to amend the charter agreement in a manner that is24
unacceptable to the charter school or if the charter school finds requested terms25
for charter renewal to be unacceptable, the charter school may petition the state26
board to convert to a Type 2 charter school. Upon receipt of such request, the27
state board shall notify the local board or local charter authorizer of the request28
and shall permit the local board or local charter authorizer to provide a29 SB NO. 597
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response prior to any action on such request.1
* * *2
D.(1) Prior to approving a charter for a Type 1 or Type 3 school, the local3
school board considering the proposal shall hold a public meeting for the purpose of4
considering the proposal and receiving public input. Such meeting shall be held after5
reasonable efforts have been made by the board to notify the public of the meeting6
and its content.7
(2) Prior to approving a charter for a Type 1B school, the local charter8
authorizer considering the proposal shall hold a public meeting for the purpose9
of receiving public input. Such meeting shall be held in the geographic area to10
be served by the school after reasonable efforts have been made to notify the11
public of the meeting and its content.12
E.13
* * *14
(3) Approval by a local charter authorizer shall be in accordance with15
the conditions of its certification as established by the state board.16
* * *17
§3991. Charter schools; requirements; limitations; renewal; amendment; revocation18
* * *19
B. Each proposed charter shall contain or make provision for the following:20
* * *21
(3) Admission requirements, if any, that are consistent with the school's role,22
scope, and mission may be established pursuant to rules promulgated by the state23
board. Such admission requirements shall be specific and shall include a system for24
admission decisions which precludes exclusion of pupils based on race, religion,25
gender, ethnicity, national origin, intelligence level as ascertained by an intelligence26
quotient examination, or identification as a child student with an exceptionality as27
defined in R.S. 17:1943(4) R.S. 17:1942(B). Such admission requirements may28
include, however, specific requirements related to a school's mission such as29 SB NO. 597
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auditions for schools with a performing arts mission or achievement of a certain1
academic record for schools with a college preparatory proficiency in a foreign2
language for schools with a language immersion mission. Any school which was3
chartered prior to July 1, 2012, and which incorporated achievement of a4
certain academic record as part of its admission requirements may continue to5
utilize such admission requirements. No local board shall assign any pupil to6
attend a charter school.7
* * *8
(13) Manner in which Assurance that teachers and other school employees9
will be evaluated in accordance with R.S. 17:3997.10
* * *11
C. A charter school shall:12
(1)13
* * *14
(c)15
* * *16
(iv) Unless otherwise provided for within the charter, charter schools may not17
enroll in any given year more than one hundred twenty percent of the total number18
of students which had been approved in their charter without formally amending19
their charter. The state board may authorize the state superintendent of20
education and the superintendent of the Recovery School District to amend the21
charter of any Type 5 charter school participating in a unified enrollment22
system administered by the Recovery School District for the purpose of23
adjusting student enrollment limitations.24
* * *25
(6)(a)(i) Except for Type 5 charter schools to which the requirements26
provided in Subparagraph (b) of this Paragraph apply, employ teachers certified by27
the state board or the French Ministry of Education for at least seventy-five percent28
of the instructional staff employed by the charter school.29 SB NO. 597
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(ii) The remaining portion of the instructional staff shall meet at least one of1
the following requirements Employ instructional staff who have at least a2
baccalaureate degree and who shall be subject to all provisions of state law relative3
to background checks applicable to the employment of public school personnel.4
(aa) Be authorized under law or state board regulation to teach temporarily5
while seeking a regular teaching certificate.6
(bb) Have at least a bachelor's degree or at least ten years of experience7
related to the teaching position for which he is being hired, demonstrate exemplary8
skills in his field of expertise, and be providing instruction under the supervision of9
a certified teacher. Any individual who makes an application for employment under10
this Item shall be employed based on a determination of the applicant's qualifications11
by the charter school.12
(b) A Type 5 charter school shall:13
(i) Beginning no later than the second school year of operation, have not less14
than the percentage of teachers certified by the state board than was the case in the15
school prior to its transfer to the Recovery School District.16
(ii) Beginning no later than the third school year of operation, have a teacher17
certified by the state board teaching every core subject. Core subject shall be defined18
by the state board by rule.19
(iii) All other instructional staff employed in a Type 5 charter school shall20
meet the same requirements as provided in Item (a)(ii) of this Paragraph.21
D.22
* * *23
(2)(a)(i) Notwithstanding the provisions of R.S. 17:158(A), if the local24
school board is requested to provide transportation services to a charter school25
student pursuant to R.S. 17:158, then the charter school receiving the transportation26
services shall reimburse the local school board for the actual cost of providing such27
transportation unless an amount less than actual cost is agreed upon by both28
parties.29 SB NO. 597
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* * *1
H. Any assets acquired by a Type 1, 1B, 2, 3, or 5 charter school are the2
property of that charter school for the duration of that school's charter agreement.3
Any assets acquired by a Type 4 charter school are the property of the local school4
board. If the charter agreement of any Type 1, 1B, 2, 3, or 5 charter school is5
revoked or the school otherwise ceases to operate, all assets purchased with any6
public funds become the property of the chartering authority. Assets that become7
the property of a local charter authorizer pursuant to this Subsection shall be8
used solely for purposes of operating charter schools. Charter schools are to9
maintain records of any assets acquired with any private funds which remain the10
property of the nonprofit organization group operating the charter school.11
* * *12
§3992. Charter revision and renewal13
A.(1) Unless revoked as provided for in Subsection C of this Section, an14
approved school charter shall be valid for an initial period of five four years and15
may be extended for a maximum initial term of five years, contingent upon the16
results of the reporting requirements at the end a review conducted after the17
completion of the third year as provided in R.S. 17:3998(A)(2), and R.S. 17:3998.18
The charter may be renewed for additional periods of not less than three nor more19
than ten years after thorough review by the approving chartering authority of the20
charter school's operations and compliance with charter requirements. The process21
for renewing a school charter shall be the same as for initial charter approval, with22
a written report being provided annually to the chartering authority regarding the23
school's academic progress that year. The chartering authority shall notify the24
chartering group in writing of any decisions made relative to the renewal or25
nonrenewal of a school's charter not later than January thirty-first of the year in26
which the charter would expire. A notification that a charter will not be renewed27
shall include written explanation of the reasons for such non-renewal. Pursuant to28
Subsection C of this Section and using such annual review process, a charter may be29 SB NO. 597
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revoked for failure to meet agreed-upon academic results as specified in the charter.1
* * *2
D. For each charter school which has received a letter grade designation3
of "A" or "B" or any variation thereof and has met the criteria of4
Subparagraph (A)(2)(c) of this Section pursuant to automatic renewal, a charter5
operator shall be eligible to open and operate two additional schools that serve6
the same grade levels and the same enrollment boundaries as defined in the7
charter agreement of the school meeting the criteria of Subparagraph (A)(2)(c)8
of this Section without formal application to the chartering authority with9
which the charter agreement for the school that meets the criteria of10
Subparagraph (A)(2)(c) of this Section is held. The chartering group shall notify11
its chartering authority of its intent to open one or two additional charter12
schools pursuant to this Subsection at least one-hundred and twenty calendar13
days prior to the day on which each additional school shall enroll students. At14
least ninety calendar days prior to the day on which each additional school shall15
enroll students, the chartering authority shall enter into a charter agreement16
with the chartering group for each additional school and shall notify the state17
board of its action.18
* * *19
§3995. Charter school funding20
A.(1) Except as otherwise provided by this Subsection, for For the purpose21
of funding, a Type 1, Type 3, and Type 4 charter school shall be considered an22
approved public school of the local school board entering into the charter agreement23
and shall receive a per pupil amount each year from the local school board based on24
the October first membership count of the charter school. Except as otherwise25
provided by this Subsection, Type 1B and Type 2 charter schools shall receive a per26
pupil amount each year from the state Department of Education using state funds27
specifically provided for this purpose. Type 2 charter schools authorized by the State28
Board of Elementary and Secondary Education after July 1, 2008, shall receive a per29 SB NO. 597
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pupil amount state board each year as provided in the Minimum Foundation1
Program approved formula. The per pupil amount provided to a Type 1, 1B, 2, 3,2
or 4 charter school shall be computed annually and shall be equal to no less than the3
per pupil amount received by the school district in which the charter school is located4
from the following sources based on the district's October first membership count:5
* * *6
(c) The provisions of this Paragraph permitting the calculation of the per7
pupil amount to be provided to a Type 1, 1B, 2, 3, or 4 charter school to exclude any8
portion of local revenues specifically dedicated by the legislature or by voter9
approval to capital outlay or debt service, shall be applicable only to a charter school10
housed in a facility or facilities provided by the district in which the charter school11
is located.12
* * *13
(4)(a) A chartering authority The state board, a local school board, and14
a local charter authorizer may annually charge each charter school it authorizes a15
fee in an amount equal to two percent of the total per pupil amount as defined by this16
Subsection that is received by a charter school for administrative overhead costs17
incurred by the chartering authority for considering the charter application and any18
amendment thereto, providing monitoring and oversight of the school, collecting and19
analyzing data of the school, and for reporting on school performance. Such fee20
amount shall be withheld from the per pupil amount in monthly increments and shall21
not be applicable to any federal money or grants received by the charter school.22
Administrative overhead costs shall not include any cost incurred by the chartering23
authority to provide purchased services to the charter school. As provided by24
Subparagraph (b) of this Paragraph, a chartering authority or the Recovery School25
District, if applicable, may provide other services for a charter school and charge the26
actual cost of providing such services, but no such arrangement shall be required as27
a condition for authorizing the charter school.28
* * *29 SB NO. 597
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§3996. Charter schools; exemptions; requirements1
* * *2
C. A charter school established and operated in accordance with the3
provisions of this Chapter shall comply with state and federal laws and regulations4
otherwise applicable to public schools with respect to civil rights and individuals5
with disabilities. Any Type 1B, Type 2, or Type 5 charter school shall be considered6
the local education agency for the purposes of any special education funding or7
statutory definitions, while the local school board shall remain the local education8
agency for any Type 1, 3, or 4 charter school.9
* * *10
G. All charter schools established and operated in accordance with the11
provisions of this Chapter shall comply with the provisions of R.S. 39:1301 through12
1315. Each Type 1, 3, and 4 charter school annually shall submit its budget to the13
local school board that approved its charter, and such board shall submit the charter14
school's budget to the state superintendent of education in accordance with the15
provisions of R.S. 17:88. Each Type 1B charter school annually shall submit its16
budget to its authorizer. Each Type 2 and Type 5 charter school annually shall17
submit its budget directly to the state superintendent of education.18
* * *19
§3998. Reports; review20
A.(1) Each chartering authority shall report to the state board on the number21
of schools chartered, the status of those schools, and any recommendations by July22
first of each year.23
(2) B. Each charter school shall provide a comprehensive report to be24
reviewed by its chartering authority at the end after the completion of the third25
year. If the charter school is achieving its stated goals and objectives pursuant to its26
approved charter, then the chartering authority shall extend the duration of the27
charter for the additional two-year period a maximum initial term of five years as28
provided in R.S. 17:3992(A)(1). If the charter school is not achieving its stated29 SB NO. 597
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goals and objectives pursuant to its approved charter, then the chartering1
authority shall not extend the duration of the charter and it shall expire at the2
end of the school's fourth year.3
B. The state board shall review information regarding the laws, regulations,4
and policies from which charter schools were exempt pursuant to this Chapter to5
determine if the exemptions assisted or impeded the charter schools in meeting their6
stated goals and objectives.7
C. The state board shall report to the governor and to the Senate and House8
Committees on Education no later than January 1, 2001, on its initial findings9
including recommendations to modify, expand, or terminate the approach.10
D. In preparing the report required by this Section, the state board shall11
compare to the extent statistically possible the performance of charter school pupils12
with the performance of ethnically and economically comparable groups of pupils13
in other schools who are enrolled in academically comparable courses, including a14
fiscal and programmatic analysis based on the total per pupil funding in each charter15
school in relation to the total per pupil funding in the respective local public school16
system that has been invested in instruction.17
* * *18
§4001. Louisiana Charter School Start-Up Loan Fund; creation; purpose;19
distribution20
A. The Louisiana Charter School Start-Up Loan Fund, hereafter referred to21
as the "fund", is hereby created within the state treasury for the purposes of22
providing a source for funding no-interest loans to assist both existing and new type23
Type 1, Type 1B, type Type 2, or type Type 3 charter schools with initial start-up24
funding and for funding the administrative and legal cost associated with the charter25
school program.26
* * *27
C.(1) The State Board of Elementary and Secondary Education state board28
shall administer the use of the monies appropriated from the fund and shall adopt29 SB NO. 597
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rules in accordance with the Administrative Procedure Act. The adopted rules shall1
specify that state board approval of any type Type 2 charter school proposal that2
includes within its budget a request for loan funding which complies with the3
provisions of this Section and details regarding how those loan funds are to be4
expended, shall constitute the approval of that loan amount. No additional loan5
application paperwork shall be required. Any type Type 1 or type Type 3 charter6
school approved by their local school board and a Type 1B charter school7
approved by a certified local charter authorizer shall be required to submit no8
more than their approved charter proposal and a detailed budget identifying how any9
loan funds are to be expended and how such request complies with the provisions of10
this Section. The state board may reject any such request which does not comply11
with terms of this Section. Such rules shall also note that any loan funding may only12
be used to purchase tangible items such as equipment, technology, instructional13
materials, and facility acquisition, upgrade, and repairs. Such equipment or other14
items shall become the property of the state if the loan is not fully repaid by virtue15
of the school ceasing to operate during the three years of automatic loan repayment16
as noted in Paragraph (3) of this Subsection.17
(2) Loans shall be made only to type Type 1, Type 1B, type Type 2, and18
type Type 3 charter schools and shall not exceed one hundred thousand dollars to19
pay for charter school start-up and early operating expenses. No money lent as20
provided in this Section may be used to pay prior debts of the nonprofit corporation21
which formed the charter school, any of the natural persons principally involved in22
forming the charter school, or any former or current business or nonprofit venture23
of any such natural persons for any purchase not related to the creation of the charter24
school, or to pay to members of the immediate family of any such natural persons,25
or to make any investments.26
* * *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 course providers by providing students with the public20
funds allocated to them from local and state sources to enroll in such courses.21
(5) Postsecondary education institutions can serve as quality course22
providers for students who seek advanced level course work or technical or23
vocational instruction.24
(6) Online or virtual course providers can serve as quality course25
providers for students who desire additional access to high quality courses,26
especially but not limited to students enrolled in low-performing public schools,27
students who for reasons of geography may not be able to exercise their right28
to educational choice, and students who may desire an alternative schooling29 SB NO. 597
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schedule or calendar.1
(7) Business and industry can serve as quality course providers that offer2
course work in their particular field or expertise with the goal of increasing the3
skilled workforce required for a robust Louisiana economy.4
§4002.3. Definitions5
As used in this Part, unless otherwise clearly indicated, the following6
terms mean:7
(1) "Course provider" means an entity that offers individual courses in8
person or online, including but not limited to online or virtual education9
providers, postsecondary education institutions, and corporations that offer10
vocational or technical course work in their field, and have been authorized to11
provide such courses by the state board.12
(2) "Eligible funded student" means any student who resides in13
Louisiana and meets one of the following criteria:14
(a) Is attending a public school that received a letter grade of "C", "D",15
or "F", or any variation thereof, according to the Louisiana School and District16
Accountability System.17
(b) Is attending a public school that does not offer the course in which18
the student desires to enroll, as determined by the state board.19
(c) Is a scholarship recipient pursuant to R.S. 17:4013 and attends a20
participating school in accordance with R.S. 17:4011 through 4025.21
(3) "Eligible participating student" means any student who resides in22
Louisiana and meets one of the following criteria:23
(a) Is attending a public school that has received a letter grade of "A"or24
"B", or any variation thereof, according to the school and district accountability25
system.26
(b) Is attending a nonpublic school that is approved, provisionally27
approved, or probationally approved by the state board pursuant to R.S. 17:11.28
(c) Is enrolled in a home study program approved by the state board.29 SB NO. 597
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(4) "State board" means the State Board of Elementary and Secondary1
Education.2
§4002.4. State board; powers and duties relative to course providers3
A.(1) Not later than January 1, 2013, the state board shall create a4
process for authorizing course providers that shall determine whether each5
proposed course provider complies with the law and rules, whether the proposal6
is valid, complete, financially well-structured, and educationally sound, whether7
it provides a plan for collecting data in accordance with R.S. 17:3911, and8
whether it offers potential for fulfilling the purposes of this Part. The state9
board shall provide for an independent evaluation of the proposal by a third10
party with educational, organizational, legal, and financial expertise.11
(2) The process shall provide for an agreement with the course provider12
that shall include, at a minimum, a plan for implementing or providing the13
following:14
(a) Administration of state assessments as required by the school and15
district accountability system, except to students as defined by R.S.16
17:4002.3(2)(c).17
(b) The parishes or local school systems in which the course provider will18
operate.19
(c) Proposed courses offered, alignment of said courses by the course20
provider with the requirements of R.S. 17:24.4, and the designated length of21
each course offered.22
(d) Alignment of the courses offered by the course provider with any23
type of approved Louisiana diploma, including those provided in R.S. 17:183.2,24
183.3, and 236.1.25
(e) Assurances that the course provider shall, to the best of its ability,26
collaborate and coordinate with a local school system in which an eligible27
funded student or eligible participating student is enrolled full time.28
B. (1) The initial authorization of the course provider shall be for a29 SB NO. 597
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period of three years. After the second year of the initial authorization period,1
the state board shall conduct a thorough review of the course provider's2
activities and the academic performance of the students enrolled in courses3
offered by the course provider in accordance with the school and district4
accountability system. If the performance of the students enrolled in courses5
offered by the course provider pursuant to the school and district accountability6
system does not meet performance standards set by the state board, the state7
board shall place the course provider on probation.8
(2) After the initial three year authorization period, the state board may9
reauthorize the course provider for additional periods of not less than three10
years nor more than five years after thorough review of the course provider's11
activities and the achievement of students enrolled in courses offered by the12
course provider.13
(3) The state board shall monitor and evaluate the course provider in14
accordance with performance expectations set forth by the state board in which15
student achievement is the predominant criterion.16
(4) The state board shall create a process for common course numbering17
of all courses listed in the course catalogue and for determining whether courses18
are in compliance with R.S. 17:24.4. For courses offered by postsecondary19
education institutions that are authorized course providers, the state board shall20
consult with the Board of Regents.21
C. Not later than January 1, 2013, the state board shall create a22
reciprocal teacher certification process for teachers who reside in other states23
but who are employed by authorized course providers and teach virtual24
education courses to satisfy the state certification requirements pursuant to R.S.25
17:17.1.26
D. Prior to the 2013-2014 school year, the state board shall create a27
course catalogue for all courses offered, by parish.28
§4002.5. Local school systems; per course providers29 SB NO. 597
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A.(1) Each local school board shall establish policies and procedures1
whereby for each student identified in R.S. 17:4002.3(2)(a), (2)(b), and (3)(a)2
the following shall apply:3
(a) Credits earned through the course provider shall appear on each4
such student's official transcript and count fully towards the requirements of5
any approved Louisiana diploma.6
(b) Tests required pursuant to R.S. 17:24.4 shall be administered to each7
such student attending a public school.8
(c) All services to which each such student attending public school would9
be entitled if attending the school in which he is enrolled full time for all10
courses, including but not limited to special education services pursuant to the11
student's Individual Education Plan shall be provided.12
B. Each local public school system shall make available to all students13
the course catalogue as provided by the state board during the annual course14
enrollment process for that local school system.15
C. No local public school system shall actively discourage, intimidate, or16
threaten an eligible funded student or an eligible participating student during17
the course enrollment process or at any time for that local school system.18
D. The aggregate test scores of students who are enrolled in a course19
pursuant to this Part and in accordance with Subsection A of this Section shall20
be counted in the school performance score for the school in which the student21
is enrolled full time. The test scores shall be reported to and published by the22
state Department of Education for each course provider in an easy to23
understand format and on the department's website.24
E. Each student identified in R.S. 17:4002.3(2)(a), (2)(b), and (3)(a) shall25
enroll in at least one course at the school in which he is enrolled full time.26
F. The state board shall adopt rules necessary to implement this Part,27
including but not limited to the requirements of school governing authorities or28
local school systems whose students enroll in courses offered by authorized29 SB NO. 597
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course providers.1
§4002.6. Course providers; funding2
A.(1) The course provider shall receive a course amount for each eligible3
funded student.4
(2) For purposes of this Part, the course amount means an amount equal5
to the market rate as determined by the course provider and reported to the6
state Department of Education up to one-sixth of ninety percent of the per pupil7
amount each year as determined by the minimum foundation program for the8
local school system in which the eligible funded student resides. Any remaining9
funds, except those specified in Paragraph (3) of this Subsection, for that10
student shall be returned to the state or to the local school system according to11
the pro rata share for the per pupil amount each year as determined by the12
minimum foundation program for the local school system in which the student13
resides. Transfers of course payments shall be made by the state Department14
of Education on behalf of the responsible city or parish school system in which15
the student resides to the authorized course provider.16
(3) For each student identified in R.S. 17:4002.3(2)(a) and (2)(b), an17
amount equal to ten percent of the per pupil amount according to the pro rata18
share as determined each year by the minimum foundation program for the19
local school system in which such student resides shall remain with the local20
school system in which such student is enrolled full time. These funds shall be21
used to finance any administrative or operational costs to support students22
enrolled in courses offered by course providers, as determined by the state23
board.24
(4) For students identified in R.S. 17:4002.3(3)(c), the course provider25
shall receive payment only for the courses in which the student is enrolled in26
accordance with Subsection C of this Section. The remaining funds for each of27
these students up to the maximum amount for the parish in which the28
participating student resides as determined each year by the minimum29 SB NO. 597
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foundation program or actual tuition and fees, as applicable, shall remain with1
the participating school in which the student is enrolled in accordance with R.S.2
17:4011 through 4025.3
B. (1) The course provider may charge tuition to any eligible4
participating student in an amount equal to the amount determined by the5
course provider and reported to the state Department of Education in6
accordance with Paragraph (A)(2) of this Section.7
(2) The course provider shall accept the amount specified in Paragraph8
(A)(2) of this Section as total tuition and fees for the eligible participating9
student.10
C.(1) Fifty percent of the amount of tuition to be paid or transferred11
through the minimum foundation program to the course provider shall be paid12
or transferred upon student enrollment in a course and fifty percent shall be13
paid or transferred upon course completion according to the published course14
length.15
(2) If a student does not complete a course according to the published16
course length in which the course provider has received the first payment17
pursuant to Paragraph (1) of this Subsection, the provider shall receive forty18
percent of the course amount as defined in Paragraph (A)(2) of this Section only19
if the student completes the course and receives credit for the course prior to20
leaving school pursuant to R.S. 17:221 or graduating from high school pursuant21
to R.S. 17:24.4.22
(3) The remaining ten percent of the per pupil amount according to the23
pro rata share as determined each year by the minimum foundation program24
for the local public school system in which the eligible funded student resides25
shall remain with the school in which the eligible funded student is enrolled full26
time. This shall be in addition to the ten percent specified in Paragraph (A)(3)27
of this Section.28
* * *29 SB NO. 597
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§4011. Short title1
This Chapter shall be known and may be cited as the "Student Scholarships2
for Educational Excellence Act".3
§4012. Legislative findings4
The legislature finds and declares that:5
(1) It is in the public interest that all Louisiana schoolchildren receive the6
best education that its citizens can provide, and the state of Louisiana has the right,7
responsibility, duty, and obligation to accomplish the objective of quality education8
for all Louisiana children, particularly for those children in school systems that have9
been declared to be academically in crisis.10
(2) Attendance of children at nonpublic schools constitutes compliance with11
the objectives of Louisiana's compulsory attendance law; nonpublic schools in12
Louisiana make a significant educational and economic contribution towards13
meeting the goal of a quality education for every Louisiana school child; and14
Louisiana has recognized and encouraged that contribution through providing15
textbooks and transportation to students attending approved nonpublic schools for16
many decades.17
(3) Effective nonpublic schools exist in Louisiana's school systems,18
including those that are academically in crisis.19
(4) Nonpublic schools can offer a quality education to students in systems20
that are academically in crisis, and it is in the public interest to offer students in such21
all systems the means of accessing the educational opportunities offered by22
nonpublic schools by providing them with scholarships to attend such schools.23
(5) Academically acceptable public schools can serve as quality alternatives24
for students attending low-performing public schools.25
§4013. Definitions26
As used in this Chapter, unless otherwise clearly indicated, the following27
terms shall mean:28
(1) "Covered district" means a local public school system which meets all29 SB NO. 597
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of the following criteria:1
(a) Has been found to be academically in crisis pursuant to R.S. 17:10.6.2
(b) Has had schools transferred to the jurisdiction of the Recovery School3
District pursuant to R.S. 17:10.7.4
(c) Is located in a municipality with a population of at least three hundred5
thousand persons according to the latest federal decennial census and includes the6
Recovery School District established pursuant to R.S. 17:1990 to the extent that7
schools under the district's jurisdiction are located within the geographic boundaries8
of a covered district.9
(2) "Department" means the state Department of Education.10
(3) (2) "Eligible student" means a student who resides within the geographic11
boundaries of a covered district, in Louisiana, is a member of a family with a total12
income that does not exceed two hundred fifty percent of the current federal poverty13
guidelines as established by the federal office of management and budget, and who14
meets any one of the following criteria:15
(a) Is entering kindergarten and has enrolled in the local school system in16
which the public school he would have otherwise attended is located or in a17
school under the jurisdiction of the Recovery School District. Each local school18
system or the Recovery School District shall conduct its annual kindergarten19
enrollment process and shall report such enrollment to the department prior to20
the program enrollment process.21
(b) Was enrolled in a public school located within a covered district during22
the previous school year in a program-eligible grade in Louisiana on October first23
and on February first of the most recent school year pursuant to the definition24
of student membership established by the state board for purposes of the25
minimum foundation program formula, and such school has been identified as26
academically unacceptable or has a school performance score or an assessment index27
of sixty or less as defined by the State Board of Elementary and Secondary28
Education received a letter grade of "C", "D", or "F" or any variation thereof,29 SB NO. 597
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for the most recent year pursuant to policies developed and adopted by the board1
for implementation of the school and district accountability system.2
(c) Received a scholarship pursuant to this Chapter in the previous school3
year and remains otherwise eligible.4
(4) (3) "Participating school" means a nonpublic school that meets program5
requirements and seeks to enroll scholarship recipients pursuant to this Chapter or6
a public school located within the geographic boundaries of a covered district that7
meets program requirements and seeks to enroll scholarship recipients pursuant to8
this Chapter subject to any court-ordered desegregation plan in effect for the9
school system in which the public school is located.10
(5) (4) "Program" means the Student Scholarships for Educational Excellence11
Program.12
(6) (5) "Scholarship" means the funds awarded to a parent or other legal13
guardian on behalf of an eligible student to attend a participating public or14
nonpublic school pursuant to this Chapter.15
(7) (6) "Scholarship recipient" means an eligible student who is awarded a16
scholarship pursuant to this Chapter.17
§4014. Student Scholarships for Educational Excellence Program; creation18
The Student Scholarships for Educational Excellence Program is hereby19
created and shall be administered by the state Department of Education department.20
§4015. Program administration21
In administering the program pursuant to this Chapter, the department shall:22
(1) Determine student eligibility for awarding scholarships.23
(2) Receive the notice of intent from schools seeking to participate in the24
program, which shall include the number of available seats per grade and25
whether the school elects to offer an enrollment preference to a student based26
on the parish in which the student resides, and qualify such schools for27
participation in the program, and determine the number of available seats, by grade,28
at participating schools. For eligible public schools, the notice of intent shall be29 SB NO. 597
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submitted by the principal of the school with the approval of the local1
superintendent. The local school board shall delegate the authority to2
participate in the program to the local superintendent.3
(3)(a) Accept applications from parents and other or legal guardians of4
eligible students and award scholarships to eligible students who submit applications,5
up to the number of available seats in each grade at all participating schools. Each6
application shall indicate the parent or legal guardian's choice or choices of7
participating schools.8
(b) In the event there are more eligible students who submit applications than9
there are available seats at participating schools for any grade, the department shall10
utilize conduct a random selection process to award scholarships that provides each11
eligible student an equal opportunity for selection. However, the department may12
give preference to the following:13
(i) Siblings of students already enrolled in the participating school.14
(ii) Students enrolled in the Nonpublic School Early Childhood15
Development Program at the participating school.16
(iii) Participating students transferring from an ineligible school17
pursuant to R.S. 17:4015.18
(iv) Students residing in the parishes as indicated pursuant to the notice19
of intent, if applicable.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 according to the time line established by the department.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
(e) 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 amount per pupil to each participating school equal to the amount17
allocated per pupil to the local school system in which the scholarship recipient18
resides. This amount shall be counted toward the equitable allocation of funds19
appropriated to parish and city school systems as provided in Article VIII,20
Section 13(B) of the state constitution. of the scholarship provided on behalf of a21
scholarship recipient shall be an amount equivalent to ninety percent of the per pupil22
amount the covered district receives from combined state and local sources For a23
participating school that charges tuition, 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 pupil 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 school system in which the29 SB NO. 597
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scholarship recipient attended or otherwise would be attending public school for1
that year according to the pro rata share for the per pupil amount each year as2
determined by the minimum foundation program for the local school system in3
which the scholarship recipient attended or otherwise would be attending public4
school for that year.5
B. The amount of the scholarship provided on behalf of a scholarship6
recipient that enrolls in a participating school that does not charge tuition shall be an7
amount equivalent to ninety percent of the per pupil amount the covered district8
receives from combined state and local sources or the participating school's actual9
cost of educating a student plus any costs incurred in administering the tests required10
pursuant to R.S. 17:4023, whichever is less.11
C. B(1) For If a scholarship recipient who is enrolled in a participating12
nonpublic school would have been entitled to receive special education services13
there shall be added to the amount of the scholarship an amount equivalent to special14
education funding provided to a covered district for such a student from federal15
sources. A participating public school receiving a scholarship payment for a16
scholarship recipient pursuant to this Chapter shall not receive any funds through the17
Minimum Foundation Program for such student. in the public school he would18
otherwise be attending, his parent or legal guardian shall indicate in writing, as19
part of the enrollment process, one of the following:20
(a) That the scholarship recipient's parent or legal guardian revokes21
consent for the participating student to receive such services from either the22
nonpublic participating school or the local school system in which the23
scholarship recipient otherwise would be attending.24
(b) That the scholarship recipient will receive such services from the25
participating nonpublic school if the school chooses to offer such services. In26
such case the nonpublic school may charge a higher tuition for students27
receiving such services, the state board shall allocate annually from the28
minimum foundation program an amount per pupil to each participating29 SB NO. 597
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nonpublic school equal to a special education tuition amount based on the cost1
of providing special education services identified for that student to the2
participating nonpublic school. This amount shall be in addition to the3
participating nonpublic school's maximum scholarship payment as described4
in Subsection (A) of this Section but the total of the payment and the special5
education tuition shall not exceed the amount allocated for that student to the6
local school system if the student otherwise would be attending public school.7
(2) To offer special education services pursuant to Subparagraph (1)(b)8
of this Subsection, a participating nonpublic school shall meet all of the9
following criteria:10
(a) Has existed and provided educational services to students with11
exceptionalities as defined in R.S. 17:1942, excluding students deemed to be12
gifted or talented, for at least two years prior to participation in the program13
and such provision of services shall be pursuant to an established program in14
place at the school that includes instruction by teachers holding appropriate15
certification in special education or other appropriate education or training as16
defined by the department and that is in accordance with a student's Individual17
Education Plan.18
(b) In accordance with time lines as determined by the department,19
inform the department of the types of student exceptionalities as defined in R.S.20
17:1942(B) that the school is willing to serve.21
D. C. Funding for scholarships awarded to parents or other legal guardians22
of eligible students pursuant to this Chapter shall be provided by an appropriation23
from the legislature from the state general fund. Each scholarship recipient is a24
member of the local school system in which he attended or otherwise would be25
attending public school for that school year. Prior to the program enrollment26
process and in accordance with a time line specified by the department for this27
purpose, students entering kindergarten shall enroll in the membership of the28
local school system in which they otherwise would be attending public school for29 SB NO. 597
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that school year. Each local school system shall conduct its annual kindergarten1
enrollment process in accordance with the department's time line and shall2
report such enrollment to the department prior to the program enrollment3
process.4
E. The total amount of state funds expended to implement the provisions of5
this Chapter for Fiscal Year 2008-2009 shall not exceed ten million dollars.6
§4017. Payment of scholarships7
A. The Department of Education department shall remit transfer8
scholarship payments directly to each participating school on behalf of the parent or9
other legal guardian of a scholarship recipient. The parent or other legal guardian10
shall assign the full value of the scholarship to the participating school responsible11
local public school system.12
B. The amount to be paid for a scholarship shall be divided into four equal13
payments to be made to each participating school in September, November,14
December, February, and May of each school year. Payments shall be based on per15
pupil count dates as determined by the department. No refunds shall be made to the16
department or to the parent or other legal guardian if the scholarship recipient17
withdraws from the program or is otherwise not enrolled prior to the next count date.18
The school in which the scholarship recipient is enrolled on the next count date19
shall receive the next payment.20
§4018. Student eligibility21
A. For the 2008-2009 academic year, students shall be eligible to receive22
their initial scholarships when entering kindergarten or when entering the first,23
second, or third grade if they attended public school in the covered district during the24
previous school year. Students in grades four through twelve shall be eligible for25
scholarships as additional grade levels are added to the program.26
B. Scholarship recipients shall remain eligible to receive scholarships in each27
succeeding year that they remain enrolled in a participating school through grade28
twelve. As the 2008-2009 cohort of scholarship recipients advances in grade level,29 SB NO. 597
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one additional grade level of eligibility shall be added to the program, beginning in1
2009-2010. Student eligibility continues Eligibility shall continue if a student2
recipient transfers from one participating school to another participating school.3
§4019. District eligibility4
A covered district that is eligible for inclusion in the program on June 25,5
2008, shall be considered a covered district for the duration of the program.6
§4020. School participation; application7
A. Participation in this program by a school is voluntary, and nothing in this8
Chapter shall not be construed to authorize any additional regulation of participating9
schools beyond that specifically authorized by this Chapter.10
B. Any school that wishes to participate in the program and enroll11
scholarship recipients annually shall notify the department of its intent to participate12
in the program by February first of the previous school year; except that for the13
2008-2009 2012-2013 school year, a school that seeks to participate in the program14
shall notify the department of its intent to participate not later than July 30, 2008.15
June 30, 2012. The notice shall specify the number of seats the school will have16
available for scholarship recipients at each grade level and the maximum amount of17
tuition attributable to each available seat, as applicable.18
§4021. School eligibility19
A. To be eligible to participate in the program, a nonpublic school shall meet20
all of the following criteria:21
(1) Be approved, provisionally approved, or probationally approved by the22
State Board of Elementary and Secondary Education pursuant to R.S. 17:11.23
(2) Comply with the criteria set forth in Brumfield, et al. v. Dodd, et al. 42524
F. Supp. 528.25
(3)(a) Enrollment of scholarship recipients in a participating school that has26
been in operation approved, provisionally approved, or probationally approved27
for less than two years shall not exceed twenty percent of such school's total student28
enrollment.29 SB NO. 597
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(b) The department may grant a waiver of this requirement to a participating1
school if the governing authority of such school demonstrates a proven record of2
successful operation of other schools.3
B. To be eligible to participate in the program, a public school shall be4
determined to be academically acceptable have received a letter grade of "A" or5
"B", or any variation thereof, for the most recent school year pursuant to the6
Louisiana School and District Accountability Program school and district7
accountability system.8
C. Scholarship recipients enrolled in a participating school that fails to meet9
the eligibility criteria established in this Section may transfer to another participating10
school for the succeeding school year without loss of eligibility, and such students11
recipients shall be given preference for enrollment at other participating schools.12
§4022. Participating schools; requirements13
Each participating school shall:14
(1) Within sixty days after the scholarship program admissions period as15
scheduled by the department, notify the applicant in writing whether the applicant16
has been accepted.17
(2) Use an open admissions process in enrolling scholarship recipients in the18
program and shall not require any additional eligibility criteria other than those19
specified in R.S. 17:4013(3)(2). In the event that there are more scholarship20
recipients applying for enrollment in a participating school than there are available21
seats, select scholarship recipients for admission utilizing a random selection process22
that provides each scholarship recipient with equal opportunity for selection.23
However, a participating school may give preference to siblings of a student who is24
already enrolled in the participating school. For the purposes of such random25
selection process, twins, triplets, quadruplets, and other such multiple births shall26
constitute one individual. Participating schools shall notify the department of any27
scholarship recipient not selected by random selection so that the department may28
notify those students of other participating schools with an available seat. In the29 SB NO. 597
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event that the student not selected does not wish to enroll in another participating1
school, the school shall add the student to a waiting list so that he may be enrolled2
when a seat becomes available. Students may remain on more than one participating3
school's waiting list; however, upon enrolling in a participating school, their names4
shall be removed from waiting lists maintained by other participating schools.5
(3) Notify (2) Within ten business days of the first day of school as6
determined by the participating school, notify the department of scholarship7
recipients enrolled.8
(4) (3) Submit to the department an independent financial audit of the school9
conducted by a certified public accountant who has been approved by the legislative10
auditor. Such audit shall be accompanied by the auditor's statement that the report11
is free of material misstatements and fairly presents the participating school's12
maximum tuition or actual cost of educating a student pursuant to R.S. 17:4016. The13
audit shall be limited in scope to those records necessary for the department to make14
scholarship payments to the participating school and shall be submitted to the15
legislative auditor for review and investigation of any irregularities or audit findings.16
The participating school shall return to the state any funds that the legislative auditor17
determines were expended in a manner inconsistent with state law or program18
regulations. The cost of such audit shall be paid by the department from funds19
appropriated by the legislature to implement the provisions of this Chapter.20
(5) (4) Accept the scholarship amounts provided to scholarship recipients as21
full payment of all educational costs, including incidental or supplementary fees, that22
are charged to all enrolled students, including but not limited to meals, field trips,23
and before- or after-school care.24
(6) (5) Upon enrolling scholarship recipients pursuant to this Chapter, allow25
such students Allow scholarship recipients to remain enrolled in the school for the26
duration of the school year at no additional cost to the state or the recipients'27
parents or legal guardians if the school voluntarily withdraws from the program28
provided that continued funding is appropriated by the legislature for the program.29 SB NO. 597
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However, students a scholarship recipient may be expelled from the school1
according to the school's discipline policy or disqualified from enrollment in2
subsequent years if the student is no longer eligible for the program as determined3
by the department. In the event and shall report such dismissal to the department4
within two business days of such dismissal. If funding is not available to continue5
the program, the participating school shall allow a scholarship recipient to remain6
enrolled in such school, provided such student recipient meets the school's7
requirements for continued enrollment and the student's his parent or legal guardian8
assumes responsibility for paying the tuition and fees charged to all students enrolled9
in the school.10
(7) (6) Prior to enrollment, inform the parent or other legal guardian of a11
scholarship recipient of any and all rules, policies, and procedures of such school,12
including but not limited to academic policies, disciplinary rules, and procedures of13
the school. Enrollment of a scholarship recipient in a participating school constitutes14
acceptance of any such rules, policies, and procedures of such school.15
§4023. Testing16
A participating nonpublic school shall ensure that scholarship recipients are17
administered all examinations required pursuant to the Louisiana School and District18
Accountability System school and district accountability system at the prescribed19
grade levels including the Louisiana Educational Assessment Program, the integrated20
Louisiana Educational Assessment Program (iLEAP), and graduation exit21
examinations and that the results of such examinations are provided to parents22
or legal guardians.23
§4024. Reports24
The Department of Education department annually shall report to the Senate25
Committee on Education, the House Committee on Education, and the Joint26
Legislative Committee on the Budget regarding the implementation of the program,27
including the number of eligible students receiving scholarships, a list of28
participating schools and the number of scholarship recipients each such school29 SB NO. 597
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enrolled, and aggregate test result data for the scholarship recipients enrolled in each1
participating school.2
§4025. Rules3
The State Board of Elementary and Secondary Education shall adopt and4
promulgate rules and regulations in accordance with the Administrative Procedure5
Act to implement the provisions of this Chapter.6
Section 2. R.S. 17:3991(B)(9) and 3996(A)(16) and (B)(4) are hereby repealed in7
their entirety.8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Appel (SB 597)
PARENT PETITIONS FOR TRANSFERRING SCHOOLS TO THE RSD
Present law (R.S. 17:10.5) provides a mechanism by which the State Board of Elementary
and Secondary Education (BESE) may remove a failing public school from the jurisdiction
of the local public school board transfer such school to the Recovery School District (RSD).
Proposed law (R.S. 17:10.5(F)) retains present law but additionally provides for the transfer
of a public school to the RSD if such transfer is approved by BESE and both of the following
conditions are met:
1. Parents or legal guardians representing more than 50% of the students attending the
school sign a petition requesting the transfer.
2. The school has received a letter grade of "F" or any variation thereof, for three
consecutive years.
Requires BESE to adopt rules and regulations for implementation of the petition process
including a petition format and submission process, signature validation procedures, and
student transfer procedures. Requires the state Dept. of Education (DOE) to maintain
records regarding petition contents and outcomes. Provides that parents/legal guardians shall
be free from harassment, threats, and intimidation related to the circulation or signing of
petitions. Prohibits the use of school and district resources to support or oppose any effort
by petitioning parents/legal guardians to gather signatures or sign petitions.
CHARTER SCHOOLS
Present law provides generally for charter schools which are independent public schools that
operate pursuant to a charter agreement with either a local public school board or the State
Board of Elementary and Secondary Education (BESE). Local school boards authorize Type
1 and Type 3 charter schools. BESE authorizes Type 2, 4, and 5 charter schools (Type 5
charters may only be found in the RSD). Depending upon the type of charter proposed, a
nonprofit organization that wishes to run a charter school, the "chartering group", applies to
the "chartering authority" (the local school board or BESE) for approval to operate a charter
school. If the application is approved, the chartering authority enters into an agreement with
the chartering group which specifies the goals, objectives, terms, and conditions applicable SB NO. 597
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to the particular school.
Type 1B Charter Schools
Proposed law creates a new type of charter school, Type 1B, and requires BESE to approve
a process for certifying "Local Charter Authorizers" which may accept, evaluate, and
approve applications for Type 1B charters in accordance with state law and BESE rules and
regulations.
Proposed law provides that a Type 1B charter school may be a new school or a prexisting
public school that has been converted to a charter school pursuant to an agreement between
a nonprofit corporation and a local charter authorizer. Students who reside within the state
are eligible to attend a Type 1B charter, as provided in the charter agreement.
Proposed law requires a local charter authorizer to hold a public meeting to receive public
input prior to approving a charter for a Type B charter school. Such meeting must be held
in the geographic area to be served by the school.
Present law provides that a BESE authorized charter school shall be considered the local
education agency for purposes of special education funding and the local school board is the
local education agency for the charter schools it authorizes.
Proposed law retains present law and additionally provides that a Type 1B charter school
authorized by a local charter authorizer shall be considered the local education agency for
special education funding purposes in the same manner as BESE authorized charter schools.
Present law requires charter schools to adopt budgets in accordance with the La. Local
Government Budget Act. Proposed law retains present law and makes it applicable to Type
1B charter schools authorized by local charter authorizers. Requires that such schools
submit their budgets to their local charter authorizer.
Present law establishes the La. Charter School Start-Up Loan Fund to provide no interest
loans to assist charter schools with initial funding.
Proposed law provides that Type 1B charter schools authorized by local charter authorizers
are eligible for loans from the fund.
Local Charter Authorizers
Proposed law requires BESE to establish procedures for certifying "local charter authorizers"
as an alternate chartering authority (in addition to local school boards and BESE) for public
charter schools. Entities eligible to be certified as a local charter authorizer include state
agencies, nonprofit corporations with an educational mission, La. public postsecondary
education institutions, or the governing authority of a parish or municipality.
With respect to the local charter authorizers, proposed law provides that BESE:
1. Shall not certify a nonprofit corporation as a charter authorizer unless it has been
incorporated for at least three years and has not less than $500,000 in assets, net of
liabilities, as reported to the La. Dept. of Revenue.
2. Shall not certify a charter operator as a local charter authorizer.
3. Shall review each proposed local charter authorizer in a timely manner in accordance
with the latest Principles and Standards for Quality Charter School Authorizing as
established by the National Assoc. of Charter School Authorizers. Further requires
BESE to provide for an independent evaluation of the charter proposal by a third
party with specified expertise. BESE shall determine whether the proposal complies SB NO. 597
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with law and BESE rules and regulations and is valid, complete, financially well-
structured, and educationally sound. Provides that such proposals must provide for
a master plan of academic excellence for the schools the local charter authorizer will
oversee, whether the capacity exists for the local authorizer to authorize not fewer
than five schools, and the assurance that it will authorized at least five schools.
4. Shall not certify not more than five local charter authorizers to operate in any
regional labor market area, as defined by the Louisiana Workforce Commission, at
any given time.
5. Approve a process by which Type 1B charter schools authorized by a local charter
authorizer shall be transferred to BESE as a Type 2 or a Type 5 charter, should the
local charter authorizer lose BESE certification or otherwise cease to exist.
6. Monitor and evaluate the charter schools authorized by a local charter authorizer in
accordance with the state's school and district accountability system.
7. May rescind a charter agreement between a local charter authorizer and a chartering
group if the board finds that the local charter authorizer failed to comply with state
law and BESE procedures and requirements in approving the charter.
Proposed law provides as follows for initial certification and renewal of local charter
authorizers as follows:
1. The initial certification of a local charter authorizer shall be for a period of five
years.
2.After the third year of operation, BESE must thoroughly review a local charter
authorizer's activities and the performance of the schools it has authorized.
3. If the average performance of the schools authorized by the local charter authorizer
is a letter grade of "C", "D", or "F", or any variation thereof, the local charter
authorizer shall be placed on probation and must submit a school improvement plan
to BESE.
4. If the average performance of the schools authorized by the local charter authorizer
is a letter grade of "C", or any variation thereof, after the initial certification period,
BESE may recertify the local charter authorizer. The local charter authorizer may
maintain the charter schools it previously approved, but may not authorize any
additional schools until the average school performance letter grade of the charter
schools it authorizes is an "A" or "B", or any variation thereof.
5. If the average performance of the schools authorized by the local charter authorizer
is a letter grade of "D", or "F", or any variation thereof, after the initial certification
period, BESE shall not recertify the local charter authorizer and shall provide for the
transfer of the charter schools authorized by such local charter authorizer to the
board as a Type 2 or Type 5 charter school.
6. BESE may renew the certification of a local charter authorizer for periods of not less
than three and not more than 10 years, after conducting a thorough review of the
schools chartered by the local charter authorizer. BESE must continue to review the
local charter authorizer and the schools it authorizes every three years. Renewal of
certification and continuing authority to authorize charter schools is dependent on
the average school performance letter grades received by the schools chartered by
the authorizer. As with the initial 3-year review, an average performance letter grade
of "C", or any variation thereof, rescinds a local charter authorizer's authority to
charter additional charter schools until performance improves to an "A" or "B". A
"D" or "F" letter grade, or any variation thereof, requires BESE cancellation of the SB NO. 597
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local charter authorizer's certification and transfer of the schools it has authorized to
the state board as a Type 2 or Type 5 charter.
Proposed law requires each local charter authorizer to make public through its website, and
in printed form, information regarding the guidelines for submitting a charter proposal, the
time lines and processes to be used to review such proposals, all forms required to submit
a charter proposal, and the name and contact information for a primary point of contact for
charter proposals.
Proposed law provides that a charter applicant who believes that a local charter authorizer
has not complied with state law and BESE rules and regulations governing the evaluation
of a charter application may submit its proposal to BESE for review and approval as a Type
2 charter.
Present law provides that assets acquired by a charter school (except Type 4) are the
property of that school for the duration of that school's charter agreement. If the charter
agreement is revoked or the school otherwise ceases to operate, all assets purchased with
public funds become the property of the chartering authority. Proposed law retains present
law and makes it applicable to charter schools authorized by local charter authorizers, with
the stipulation that assets that become the property of a local charter authorizer must be used
solely for purposes of operating charter schools.
Proposed law provides that if a local charter authorizer loses its BESE certification or
otherwise ceases to exist, all of its public assets acquired as a local charter authorizer shall
become the property of BESE. Further requires such authorizer to document all assets
acquired with private funds.
Chartering Process
Proposed law requires BESE to approve common charter applications developed by DOE
for use by all chartering authorities in the state and provides that such applications shall
allow a potential chartering group to propose multiple charter schools through a single
application.
Proposed law requires BESE to recruit chartering groups that offer programs that address
regional workforce needs and which may include vocational and technical education and
industry-based certifications.
Proposed law requires BESE to create a process for authorizing multiple charter schools for
charter operators that have a demonstrated record of success, including operators that do not
operate any schools in La. An operator that meets qualifications established by BESE may
enter agreements with BESE to operate more than one charter school under a single
agreement.
Present law requires the school board to determine whether a proposed charter is valid,
complete, financially well-structured, and educationally sound, whether it provides for a
master plan for improving behavior and discipline, whether it provides a plan for collecting
data, and whether it offers potential for fulfilling the purposes of the charter school law.
Requires a transparent application review process that complies with standards established
by the National Assoc. of Charter School Authorizers. Requires that local school boards post
specified information regarding charter applications on their websites.
Proposed law retains present law.
Present law requires an independent evaluation of the charter proposal by a third party with
educational, organizational, legal, and financial expertise. Requires that, prior to final
consideration by the school board, the charter operator must be afforded an opportunity to
revise and resubmit an application in response to the independent evaluation. SB NO. 597
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Proposed law removes requirement for opportunity to revise and resubmit and provides
instead for opportunity to submit a written response and that such a response shall be
available to the independent reviewer before it makes its final recommendation.
Present law authorizes school boards to accept charter applications until Feb. 28 of each year
and requires school boards to act upon charter applications within 90 days after submission
and in the order of submission.
Proposed law requires instead that school boards act within time lines established by BESE
that are consistent with national best practices. Provides that the BESE time lines shall
provide for an annual charter application process and afford school boards at least 90 days
to evaluate applications. Further requires each school board to use the common charter
application developed by the department and approved by BESE, but authorizes the school
board to request additional information.
Present law provides that if an applicant has not received a decision from the school board
after 90 days, the charter operator may apply to BESE for a charter.
Proposed law removes this provision and provides instead that if a local board fails to
comply with state law, the charter applicant may submit its proposal to BESE. Provides that
BESE may review the charter proposal if it determines a local school board failed to comply
with state law.
Present law requires local school boards to make available to chartering groups any vacant
school facilities for lease or purchase up to fair market value. Provides that in the case of a
Type 2 charter created as the result of a conversion, the facility and all property within the
existing school shall be made available to the chartering group. Requires the chartering
group to pay a proportionate share of the local school board's bonded indebtedness in return
for use of the facilities. Further provides that if the facilities were constructed at no cost to
the local school board, then such facilities and contents within shall be provided to the
charter school at no extra cost.
Proposed law retains present law and includes Type 1B charter schools in the provisions that
apply to Type 2 charter schools.
Present law requires that proposals for Type 1 and Type 3 charter schools must first be made
to the local school board with jurisdiction where the school is to be located. If the local
school board denies the proposal, or if conditions placed on the proposal by the local school
board are not acceptable to the chartering group, then a proposal for a Type 2 charter school
may be made to BESE.
Proposed law retains present law and additionally provides that if the local school system
where a chartering group intends to apply to operate a charter school has received a school
performance letter grade of "D" or "F", or any variation thereof, then a proposal for a Type
2 charter school may be made to BESE.
Present law provides that each application for a charter (except a Type 4 charter) shall be
submitted to the pertinent chartering authority by a nonprofit corporation established in
accordance with state law. Further provides that each approved charter may be approved
subject to whatever resolutory or suspensive conditions the chartering authority requires,
provided those entering into the charter agree with the conditions.
Proposed law retains these provisions and additionally provides that if the local board or
local charter authorizer seeks to amend the charter agreement in a manner that is
unacceptable to the charter school or if the charter school finds requested terms for charter
renewal to be unacceptable, the charter school may petition BESE to convert to a Type 2
charter school. Requires BESE to notify the local board or local charter authorizer of the
request and permit the local board to respond prior to any action. SB NO. 597
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Charter School Admissions Criteria
Present law requires that proposed charters contain or provide for a system for admission
decisions that prohibits exclusion of students based on race, religion, special education
needs, and other specified factors. Permits admission requirements related to a school's
mission such as auditions for performing arts schools and academic achievement for college
preparatory schools.
Proposed law generally retains present law except as follows:
1. Disallows inclusion of academic achievement as an admissions criterion for college
preparatory schools, but provides that schools chartered prior to July 1, 2012, that
include academic achievement as an admission requirement may continue to use
such requirement.
2. Allows a charter school with a language immersion mission to use proficiency in a
foreign language as an admissions criterion.
Charter School Enrollment
Present law provides that unless otherwise provided in the charter agreement a charter school
may not enroll in any given year more than 120% of the total number of students which had
been approved in the charter without formally amending their charter.
Proposed law retains this provision but additionally provides that BESE may authorize the
state superintendent of education and the RSD superintendent to amend the charter of any
Type 5 charter school participating in a unified enrollment system administered by the RSD
for the purpose of adjusting student enrollment limitations.
Charter School Teachers and Other School Employees
Present law requires all charter schools, other than those in the RSD, to employ teachers
certified by the state board or the French Ministry of Education for at least 75% of the
instructional staff. Provides that the remaining instructional staff shall meet one of the
following requirements:
1. Be authorized under law or BESE regulation to teach temporarily while seeking a
regular teaching certificate.
2. Have at least a bachelor's degree or at least ten years of experience related to the
teaching position, demonstrate exemplary skills in his field of expertise, and be
providing instruction under the supervision of a certified teacher.
With respect to charter schools in the RSD, present law requires each school:
1. Beginning no later than the second school year of operation, have not less than the
percentage of BESE-certified teachers than was the case in the school prior to its
transfer to the RSD.
2. Beginning no later than the third school year of operation, have a BESE-certified
teacher teaching every core subject.
3. All other instructional staff shall meet the same requirements established for other
types of charter schools.
Proposed law deletes these requirements and instead requires that all instructional staff at
a charter school must have at least a baccalaureate degree. SB NO. 597
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Charter Revision and Renewal
Present law provides that approved charters are valid for an initial period of five years.
Proposed law provides that the initial period is four years, but may be extended for an
additional year.
Present law provides that after the initial period, a charter may be renewed for periods of not
less than three nor more than 10 years.
Proposed law retains present law.
Present law provides that the process for renewing a charter shall be the same as for initial
charter approval, with a written report being provided annually to the chartering authority
regarding the school's academic progress that year.
Proposed law deletes present law.
Proposed law provides that the operator of a charter school which received a letter grade
designation of "A" or "B", or any variation thereof, and has met the criteria established in
present law for automatic renewal shall be eligible to open and operate two additional
schools that serve the same grade levels and the same enrollment boundaries as defined in
the charter agreement of the school it currently operates, without formal application to its
chartering authority. Requires the chartering group to notify its chartering authority of its
intent to open one or two additional schools at least 120 calendar days prior to the day on
which each additional school shall enroll students. Further requires that at least 90 days prior
to the day on which each additional school shall enroll students, the chartering authority
shall enter into a charter agreement with the chartering group for each additional school and
notify BESE of its action.
Present law requires that each charter school provide a comprehensive report to its chartering
authority after three years of operation. If the school is achieving its goals, the chartering
authority must extend the charter for an additional two years.
Proposed law deletes the reporting requirement and requires instead that the chartering
authority review each charter school after three years. If the school is meeting its goals, the
initial charter period may be extended to include the fifth year. If not, the charter expires at
the end of the school's fourth year.
Present law provides that a charter is automatically renewed if the school has met or
exceeded, for the three preceding years, the benchmarks established for it in accordance with
present law, has demonstrated growth in student academic achievement for the three
preceding school years, and has had no significant audit findings during the term of the
charter agreement.
Proposed law provides that the operator of a charter school that qualifies for automatic
renewal and has received a letter grade of "A" or "B", or any variation thereof, is eligible to
open and operate two additional schools that serve the same grade levels and the same
enrollment boundaries without formal application. Requires that the charter operator notify
the chartering authority of its intent to open additional charter schools at least 120 calendar
days prior to enrolling students and enter into a charter agreement at least 90 calendar days
prior to enrolling students.
Charter School Funding
Present law provides that for funding purposes, Type 1, Type 3, and Type 4 charter schools
shall be considered an approved public school of the local school board entering into the
charter agreement and shall receive a per pupil amount each year from the local school SB NO. 597
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board.
Proposed law retains this provision.
Present law provides that Type 2 charter schools chartered prior to July 1, 2008 (legacy Type
2 charters) shall receive a per pupil amount from DOE using state funds appropriated for that
purpose. Provides that Type 2 charter schools authorized by BESE after July 1, 2008 shall
receive a per pupil amount each as provided in the MFP formula.
Proposed law deletes provisions for legacy Type 2 charter schools to be funded outside of
the MFP formula. Provides that Type 1B charter schools and all Type 2 charter schools will
be funded through the MFP formula.
Present law allows a chartering authority to annually charge each charter school it authorizes
a fee in an amount equal to two percent of the total per pupil amount received by the charter
school to be sued for administrative overhead costs incurred by the chartering authority.
Proposed law retains these provisions but deletes the general reference to the "chartering
authority" and instead specifies that BESE, a local school board, and a local charter
authorizer may charge such administrative fee.
Present law requires BESE to review information regarding the laws, regulations, and
policies from which charter schools are exempt to determine if the exemptions assisted or
impeded the charter schools in meeting their stated goals and objectives. Further requires
BESE to report to the governor and to the legislative education committees, no later than
Jan. 1, 2001, on its findings. Requires that the report include statistical analysis of
performance.
Proposed law repeals present law.
COURSE PROVIDERS
Proposed law (R.S. 17:4002.1-4002.6) provides for the Course Choice Program as follows:
Definitions:
1. "Course provider" means an entity that offers individual courses in person or online,
including online or virtual education providers, postsecondary education institutions,
and corporations that offer vocational or technical course work and have been
authorized by BESE to provide such courses.
2. "Eligible funded student" means any La. resident student who meets one of the
following criteria:
(a)Attends a public school with a performance letter grade of "C", "D", or "F",
or any variation thereof.
(b)Attends a public school that does not offer the course in which the student
desires to enroll.
(c)Is the recipient of a scholarship pursuant to the Student Scholarship for
Educational Excellence program.
3. "Eligible participating student" means any La. resident student who meets one of the
following criteria:
(a)Attends a public school that has received a performance letter grade of "A"
or "B", or any variation thereof. SB NO. 597
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(b)Attends a BESE approved nonpublic school.
(c)Is enrolled in a BESE approved home study program.
BESE duties and responsibilities:
1. Create a process for authorizing course providers that shall determine whether the
provider's proposal complies with state law and rules, and other specified criteria.
The initial authorization period for course providers shall be three years and course
providers may be reauthorized for additional periods of 3-5 years.
2. Provide for an independent evaluation of proposals submitted by course providers
by a third party with educational, organizational, legal, and financial expertise.
3. Provide for an agreement with each course provider that includes a plan for
implementing or providing the following:
(a)Administration of state assessments pursuant to the state and district
accountability system to all students except for home study students.
(b)The parishes or local school systems in which the course provider will
operate.
(c)Courses to be offered, the designated length of each course, and the
alignment of such courses with state content standards.
(d)Alignment of courses with high school graduation requirements for all types
of state diplomas.
(e)Assurance that the course provider, to the best of its ability, will collaborate
and coordinate with local school systems.
4. Monitor and evaluate course providers in accordance with performance expectations
established by the board. Specifies that student achievement shall be the predominant
criterion.
5. Create a common course numbering process and course catalog for all courses
offered, by parish, prior to the 2013-2014 school year.
6. Create a reciprocal teacher certification process for certain teachers residing in other
states who are employed by course providers and teach virtual education courses to
satisfy teacher certification requirements.
7. Adopt rules for implementation of proposed law.
Local school system duties and responsibilities:
1. Establish policies and procedures for counting credits earned by and administering
state tests to eligible students enrolled in public schools and for all services to be
provided to such students, including those with Individual Education Plans.
2. Make the course catalog created by BESE available to all students during the annual
course enrollment process.
3. Shall not actively discourage, intimidate, or threaten a student at any time, including
during the course enrollment process.
General Provisions: SB NO. 597
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1. Provides that the aggregate test scores of students enrolled in courses offered by
course providers shall be counted in the school performance score for the school in
which the student is enrolled full time. Further provides that these scores be reported
to and published by DOE for each course provider.
2. Provides that all participating students other than home study students must enroll
in at least one course at the school in which he is enrolled in full time.
Funding and Payment to Course Providers:
1. Specifies that course providers shall receive a per course amount for each eligible
funded student equal to 1/6 of 90% of the MFP per pupil amount for the local school
system in which the student resides.
2. Provides that 10% of the MFP per pupil amount according to such pro rata share
shall remain with the local school system in which the student is enrolled full time
to be used to finance any administrative or operational costs to support students
enrolled in courses offered by course providers as determined by BESE.
3. Provides that DOE shall transfer course payments to the authorized course provider
on behalf of the responsible city or parish school system.
4. For eligible students who receive scholarships to attend nonpublic schools pursuant
to state law, the course provider shall receive payment only for the courses in which
the student is enrolled and the remaining funds for each student up to the maximum
amount as determined by the MFP shall stay with the participating nonpublic school
in which the student is enrolled.
5. Allows course providers to charge tuition to eligible participating students (public
school students attending an "A" or "B" school, nonpublic school students attending
a BESE approved nonpublic school, and home study students enrolled in a BESE
approved home study program) in an amount determined by the provider.
6. Provides that 50% of the tuition to be paid or transferred through the MFP to the
course provider shall be done so upon student enrollment in a course and 50% shall
be paid or transferred upon course completion if the student completes the course
within the time established by the course provider. Provides the course provider shall
only receive 40% of the course amount if the student completes the course later than
the published course length established by the course provider. The remaining 10%
of the course amount shall remain with the school in which the eligible funded
student is enrolled full time.
STUDENT SCHOLARSHIPS FOR EDUCATIONAL EXCELLENCE PROGRAM
Present law provides for the Student Scholarships for Educational Excellence Program for
eligible students in grades K-6 as follows:
1. Provides that "eligible student" means a student who:
(a)Resides in Orleans Parish.
(b)Is a member of a family with a total income not exceeding 250% of the
current federal poverty guidelines.
(c)Is entering kindergarten or was enrolled in a failing public school in New
Orleans in a program eligible grade or received a scholarship in the previous
school year and remains program eligible. SB NO. 597
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2. Provides for scholarships to be awarded to eligible students to attend academically
acceptable public schools and nonpublic schools that volunteer to participate in the
program and meet certain eligibility requirements.
3. Limits enrollment of scholarship recipients at a participating nonpublic school that
has been in operation for less than two years to 20% of total enrollment but permits
waivers of this limitation by the state Dept. of Education.
4. Provides for a random selection process coordinated by the department and
conducted by participating schools when there are more program applicants than
seats available.
5. Permits participating schools to give enrollment preferences to siblings of students
already enrolled in the participating school.
6. Permits scholarship recipients to remain eligible to receive scholarships in each
succeeding year that they remain enrolled in a participating school through grade 12,
unless determined ineligible by the department.
7. Requires participating nonpublic schools to ensure that scholarship recipients are
administered all examinations required pursuant to the state's school and district
accountability program.
8. Provides for scholarship amounts equivalent to 90% of the per pupil amount for
Orleans Parish school system from combined state and local sources (or the amount
of tuition and fees for participating nonpublic schools, whichever is less) and
provides for an added amount for special education services.
9. Prohibits participating public schools from receiving any MFP funds for scholarship
recipients.
10.Specifies that funding shall be provided by legislative appropriation from the state
general fund.
11.Requires DOE to remit scholarship payments to participating schools on behalf of
the parents/legal guardians who shall assign the full value of the scholarship to the
participating school.
12.Provides for administration of the program by DOE in accordance with rules and
regulations adopted by BESE.
13.Requires DOE to annually report to the House and Senate education committees and
the Joint Legislative Committee on the Budget on the implementation of the program
including specified information.
Proposed law changes the program as follows:
1. Expands eligibility to students statewide and provides that "eligible student" means
a student who:
(a)Is a member of a family with a total income not exceeding 250% of the
current federal poverty guidelines.
(b)Is entering kindergarten or was enrolled in a La. public school on Feb. 1
st
of
the previous year that had a letter grade of "C", "D", or "F", or any variation
thereof, or received a scholarship the previous school year. Specifies that
those students entering kindergarten shall have enrolled in the local school
system where the public school they otherwise would have attended is SB NO. 597
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located or in an RSD school.
2. Eligible participating schools shall be those throughout La. (instead of Orleans Parish
only) that meet program requirements. Specifies that public school participation shall
be subject to any applicable court-ordered desegregation plans.
3. Requires the notice of intent from schools seeking to participate to include the
number of seats available per grade and whether the school will offer enrollment
preferences to students based on the parishes where they reside.
4. Requires the principal of an eligible public school to submit the notice of intent for
program participation with the local superintendent's approval. Further requires the
local school board to delegate the authority to participate in the program to the local
superintendent.
5. Provides that DOE shall conduct the random selection process until each seat is
filled, instead of the participating school. Permits a unified enrollment system
administered by the Recovery School District to be considered the random selection
process.
6. Requires that applications from parents/legal guardians of students shall indicate
their choices of participating schools and requires that scholarship recipients be
placed according to the indicated preferences.
7. Authorizes DOE to give enrollment preferences to:
(a)Siblings of students already enrolled in the participating school.
(b)Students enrolled in the Nonpublic School Early Childhood Development
Program at the participating school.
(c)Students transferring from an ineligible school.
(d)Students residing in such parishes as may be specified by an eligible
participating school in its notice of intent.
8. Deletes requirements that the department annually verify student eligibility status.
9. Requires DOE to annually publish the following information for all participating
schools:
(a)The most recent aggregate average proficiency rates on state assessments for
scholarship recipients enrolled at each participating school.
(b)A list of all public schools with a letter grade of "C", "D", or "F", or any
variation thereof.
(c)The rate at which scholarship recipients finish the highest grade level offered
at a participating school, by entering cohort.
(d)The retention rate for scholarship recipients.
(e)The percentage of parents/legal guardians of scholarship recipients who are
satisfied with the participating school.
10.Relative to nonpublic schools accepting scholarship students as more than 20% of
total enrollment, requires that the school has to have been approved, provisionally
approved, or probationally approved by BESE for more than 2 years instead of in SB NO. 597
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operation for such time and removes authority for the department to waive this
requirement.
11.Deletes eligibility requirement that a public school be academically acceptable and
instead requires that the school have a letter grade of "A" or "B" or any variation
thereof, for the most recent school year.
12.Deletes provisions that a scholarship recipient already participating in the program
may be determined ineligible and disqualified from participating in the program in
subsequent years.
13.Specifies that if a scholarship recipient remains enrolled in a school after the school
withdraws from the program, it shall be at no cost to the state or the parents.
14.Excludes scholarship recipients attending participating nonpublic schools from
present law that requires local school boards to provide free transportation to
students who reside more than one mile from school.
15.Requires the department annually to publish certain student test result data, and
requires participating schools to inform parents of certain test result data compiled
and received from the department.
16.Deletes requirement that the scholarship amount for participating schools be 90% of
the per pupil amount or applicable tuition costs and instead requires BESE to
annually allocate from the MFP to each participating school, an amount equal to the
amount allocated per pupil to the local school system in which the participating
student resides. Provides that such amount shall be counted toward the equitable
allocation of funds appropriated to local school systems as provided in Art. 8, Sec.
13, of the state constitution. For participating schools that charge tuition, provides
that any remaining funds shall be returned to the state or to the local public school
system according to the pro rata share for the annual per pupil amount as determined
by the MFP.
17.Requires DOE to transfer scholarship payments to participating schools on behalf of
the responsible local public school system.
18.Provides that scholarship recipients shall be considered public school students for
MFP funding purposes.
19.For program funding purposes, requires students entering kindergarten to enroll in
their local public school system or in an RSD school and requires school systems and
the RSD to conduct and report their annual kindergarten enrollment in accordance
with a time line specified by the department prior to the program enrollment process.
20.Deletes the requirement that federal special education funding be added for special
education students receiving scholarships, deletes the prohibition on participating
schools receiving any MFP funds for scholarship recipients, and deletes the
requirement that funding be provided by legislative appropriation from the state
general fund.
21.Provides that parents of scholarship recipients in participating nonpublic schools who
are entitled to special education services shall indicate, in writing, one of the
following:
(a)That the parent/legal guardian revokes consent for the student to receive such
services from the participating nonpublic school or the local school system
in which the scholarship recipient would otherwise be attending. SB NO. 597
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words in boldface type and underscored are additions.
(b)That the scholarship recipient will receive such services from the
participating nonpublic school if the school chooses to offer such services.
Allows participating nonpublic schools to charge higher tuition for special
education students receiving such services.
22.Requires BESE annually to allocate from the MFP to each participating school a per
pupil amount equal to a special education tuition amount which is in addition to the
nonpublic school's maximum scholarship payment. Prohibits the total of the
payment and the special education tuition from exceeding the amount allocated for
that student to the local school system.
23.Requires that in order to provide special education services, a participating nonpublic
school shall meet certain criteria including having had provided special education
services for at least 2 years under specified conditions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:158(A)(1), 3973(3) through (6), 3981(4), 3982(A)(1)(a) and (2) and (B),
3983(A)(2)(a)(i), (3)(a), and (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) and
(4)(a), 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) and (7), 3981(7) and (8), 3981.1, 3981.2, 3982(A)(3),
3983(A)(2)(a)(iii) and (d) and (3)(d) and (E)(3), 3992(D), and 4002.1 through 4002.6;
Repeals R.S. 17:3991(B)(9), 3996(A)(16) and (B)(4))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the original
bill.
1. Changes the percentage of parental signatures required to petition BESE to
transfer a public school with a letter grade of "F" from "at least 51%" of the
student enrollment to "more than 50%".
2. Allows a chartering group in a local school system with a "D" or "F" letter grade
to apply to BESE for a Type 2 charter without first applying to the local school
board.
3. Deletes present law allowing proposed charters to include academic achievement
for college preparatory schools as admission requirements for schools chartered
after July 1, 2012.
4. Permits that admission requirements of proposed charters may include
proficiency in a foreign language for schools with a language immersion mission.
5. Makes present law requirement that assets acquired by a charter school (except
Type 4) remain the property of that school for the duration of that school's
charter agreement applicable to charter schools authorized by local charter
authorizers.
6. Adds that assets that become the property of a local charter authorizer shall be
used solely for purposes of operating charter schools.
7. Requires that in addition to qualifying for automatic renewal to be eligible to
open and operate two additional schools without formal application, a charter
school operator also shall have received a letter grade of "A" or "B" or any
variation thereof.
8. Relative to course providers, removes home study students from the definition SB NO. 597
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words in boldface type and underscored are additions.
of "eligible funded student" and instead includes such students in the definition
of "eligible participating student".
9. Relative to funding for eligible participating students (in the course choice
program) who receive scholarships pursuant to the scholarship program, requires
that the course provider shall receive payment only for the courses in which the
student is enrolled pursuant to proposed law and the remaining funds for each
student up to the maximum amount as determined by the MFP stay with the
participating school in which the student is enrolled.
10.Relative to the Student Scholarships for Education Excellence Program, adds to
enrollment requirements for students entering kindergarten that they enroll in
their local public school system or in an RSD school and also requires the RSD
to conduct and report its annual kindergarten enrollment.
11.Adds requirement that the notice of intent from a school seeking to participate
in the program include whether the school elects to offer enrollment preferences
to students based on the parishes where they reside.
12.Adds authorization for the state Dept. of Education to give enrollment
preferences to students residing in parishes as may be specified by eligible
participating schools in their notices of intent.
13.Provides that the state Dept. of Education shall conduct the random selection
process until each seat is filled according to the department's established time
line instead of prior to the start of the school year.
14.Provides that in order to accept scholarship students as more than 20% of total
enrollment, a nonpublic school has to have been approved, provisionally
approved, or probationally approved for more than 2 years instead of in operation
for such time and deletes present law and proposed law waiver authority and
related criterion.