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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 that is directly operated by the Recovery School District and that has not been14
identified for conversion to a charter school pursuant to a charter contract between15
the State Board of Elementary and Secondary Education and a nonprofit charter16
organization shall be removed from the jurisdiction of the Recovery School District17
and returned to the administration and management of the school system from which18
it was transferred if such return is approved by the State Board of Elementary and19 HLS 13RS-474 REENGROSSED
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Secondary Education and the respective local school board and the following1
conditions are met:2
(a) Parents or legal guardians representing at least a majority of the students3
attending the school sign a petition requesting that the school be removed from the4
jurisdiction of the Recovery School District and returned to the administration and5
management of the school system from which it was transferred.6
(b) The school has received a letter grade of "D" or "F" or any variation7
thereof, pursuant to the Louisiana School and District Accountability System, for8
five consecutive years while under the jurisdiction of the Recovery School District.9
(2) The State Board of Elementary and Secondary Education shall develop10
and adopt rules and regulations for implementation of this Subsection which shall11
include but not be limited to:12
(a) The format, procedures, and timelines for submitting a petition pursuant13
to this Subsection to the state superintendent of education to be brought by him14
before the State Board of Elementary and Secondary Education for review,15
consideration, and action.16
(b) A requirement that each student may be signed for by his parents or legal17
guardians only one time on any given petition such that each student equals one18
signature.19
(c) Signature validation procedures that include the following requirements:20
(i) That upon submission of a petition, the state Department of Education21
shall determine if the number of signatures represents at least a majority of the22
students attending the school.23
(ii) That the signatures be assumed valid unless challenged or there is24
reasonable doubt of their validity. If the validity is challenged or doubted, the25
department shall, within forty-five calendar days, review and verify the signatures.26
If the department finds that the number of valid signatures is fewer than the majority27
required, parents or legal guardians shall have thirty calendar days, commencing28
with a date specified by the department, to resolve such discrepancies and to collect29 HLS 13RS-474 REENGROSSED
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the signatures of additional parents or legal guardians. Signatures shall not be1
discounted over technicalities if the clear intent of the parent or legal guardian was2
to support the petition.3
(d) Transfer procedures for students who choose not to remain enrolled at4
the school as a result of the state board's decision to return the school to the5
administration and management of the school system from which it was transferred.6
(3) The state Department of Education shall maintain records regarding the7
contents and outcomes of the petitions.8
(4) Parents or legal guardians shall be free from harassment, threats, and9
intimidation related to circulation of or signing a petition.10
(5) School and district resources shall not be used to support or oppose any11
effort by petitioning parents or legal guardians to gather signatures and submit a12
petition.13
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 that is directly operated by the RSD and has not been identified for conversion to a
charter school pursuant to a charter contract between BESE and a non-profit charter
organization and had a letter grade of "D" or "F" for five consecutive years while in the RSD
may submit a petition to BESE requesting that the school be returned to the local school
system from which it was transferred. Requires approval of BESE and the respective local
school board for such transfer to occur. Requires signatures of parents representing at least
a majority of the students attending the school. Requires BESE to adopt rules and regulations HLS 13RS-474 REENGROSSED
HB NO. 115
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for implementation of the petition process, including a petition format and submission
process, signature validation procedures, timelines, 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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Adds a condition that to be eligible for return, a school shall be directly operated
by the RSD and not identified for conversion to a charter school.
2. Adds that in addition to BESE approval, a transfer requires the approval of the
respective local school board.
3. Requires that a school must have had a letter grade of "D" or "F" for five
consecutive years while in the RSD instead of for three consecutive years.
4. Adds requirement that BESE rules and regulations include time lines for
submitting petitions.