HLS 13RS-474 ORIGINAL
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are additions.
Regular Session, 2013
HOUSE BILL NO. 115
BY REPRESENTATIVE JAMES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS/DISTRICTS: Provides for parent petitions relative to the transfer of certain
schools from the Recovery School District back to the local school system
AN ACT1
To enact R.S. 17:10.5(G), relative to schools transferred to the Recovery School District; to2
provide for the submission of petitions by parents requesting that a school be3
removed from the Recovery School District and returned to the local school system4
under certain conditions; to require rules and regulations to be adopted by the State5
Board of Elementary and Secondary Education for the petition process; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:10.5(G) is hereby enacted to read as follows:9
ยง10.5. School and district accountability; failing schools; transfer to Recovery10
School District; parent petitions11
* * *12
G.(1) Notwithstanding the provisions of Paragraph (A)(1) of this Section, a13
school shall be removed from the jurisdiction of the Recovery School District and14
returned to the administration and management of the school system from which it15
was transferred if such return is approved by the State Board of Elementary and16
Secondary Education and both of the following conditions are met:17
(a) Parents or legal guardians representing at least a majority of the students18
attending the school sign a petition requesting that the school be removed from the19 HLS 13RS-474 ORIGINAL
HB NO. 115
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jurisdiction of the Recovery School District and returned to the administration and1
management of the school system from which it was transferred.2
(b) The school has received a letter grade of "D" or "F" or any variation3
thereof, pursuant to the Louisiana School and District Accountability System, for4
three consecutive years while under the jurisdiction of the Recovery School District.5
(2) The State Board of Elementary and Secondary Education shall develop6
and adopt rules and regulations for implementation of this Subsection which shall7
include but not be limited to:8
(a) The format and procedures for submitting a petition pursuant to this9
Subsection to the state superintendent of education to be brought by him before the10
State Board of Elementary and Secondary Education for review, consideration, and11
action.12
(b) A requirement that each student may be signed for by his parents or legal13
guardians only one time on any given petition such that each student equals one14
signature.15
(c) Signature validation procedures that include the following requirements:16
(i) That upon submission of a petition, the state Department of Education17
shall determine if the number of signatures represents at least a majority of the18
students attending the school.19
(ii) That the signatures be assumed valid unless challenged or there is20
reasonable doubt of their validity. If validity is challenged or doubted, the21
department shall, within forty-five calendar days, review and verify the signatures.22
If the department finds that the number of valid signatures is fewer than a majority23
required, parents or legal guardians shall have thirty calendar days, commencing24
with a date specified by the department, to resolve such discrepancies and collect the25
signatures of additional parents or legal guardians. Signatures shall not be discounted26
over technicalities if the clear intent of the parent or legal guardian was to support27
the petition.28 HLS 13RS-474 ORIGINAL
HB NO. 115
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(d) Transfer procedures for students who choose not to remain enrolled at1
the school as a result of the state board's decision to return the school to the2
administration and management of the school system from which it was transferred.3
(3) The state Department of Education shall maintain records regarding the4
contents and outcomes of the petitions.5
(4) Parents or legal guardians shall be free from harassment, threats, and6
intimidation related to circulation of or signing a petition.7
(5) School and district resources shall not be used to support or oppose any8
effort by petitioning parents or legal guardians to gather signatures and submit a9
petition.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
James HB No. 115
Abstract: Allows parents to submit petitions to BESE for the return to the local school
system of certain schools that were transferred to the RSD.
Present law (R.S. 17:10.5) provides for the transfer to the Recovery School District (RSD),
subject to approval by the State Board of Elementary and Secondary Education (BESE), of
schools that have been labeled academically unacceptable for four consecutive years or
failed schools for which the local school board has failed to present or implement an
acceptable reconstitution plan under the school accountability program. Provides that the
RSD shall retain jurisdiction of any school transferred to it for not less than five school
years. Requires the RSD to report to BESE at least nine months prior to the expiration of the
transfer period as to whether the school should continue in the RSD under certain conditions,
close, or be returned to the transferring school system. Provides that the RSD shall retain the
school for an additional five-year period upon BESE approval unless a lesser time is adopted
by BESE.
Proposed law retains present law and adds that parents of students attending a school in the
RSD with a letter grade of "D" or "F" for three consecutive years while in the RSD may
submit a petition to BESE requesting that the school be transferred from the RSD back to
the local school system from which it was transferred. Requires signatures of parents
representing at least a majority of the students attending the school. 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.
Prohibits the use of local school and school district resources to support or oppose any effort
by parents to gather signatures or sign petitions.
(Adds R.S. 17:10.5(G))