ENROLLED
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ACT No. 275
Regular Session, 2013
HOUSE BILL NO. 115
BY REPRESENTATIVE JAMES AND SENATOR BROOME
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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 Subsection C 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
Secondary Education and the respective local school board and the following20
conditions are met:21
(a) Parents or legal guardians representing at least a majority of the students22
who have been enrolled in the school for at least two years sign a petition requesting23
that the school be removed from the jurisdiction of the Recovery School District and24 ENROLLED HB NO. 115
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returned to the administration and management of the school system from which it1
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
five consecutive years while under the jurisdiction of the Recovery School District.5
(2) By October 1, 2013, the State Board of Elementary and Secondary6
Education shall develop and adopt rules and regulations for implementation of this7
Subsection which shall include but not be limited to:8
(a) The format, procedures, and timelines for submitting a petition pursuant9
to this Subsection to the state superintendent of education to be brought by him10
before the State Board of Elementary and Secondary Education for review,11
consideration, and 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 the 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 the majority23
required, parents or legal guardians shall have thirty calendar days, commencing24
with a date specified by the department, to resolve such discrepancies and to collect25
the signatures of additional parents or legal guardians. Signatures shall not be26
discounted over technicalities if the clear intent of the parent or legal guardian was27
to support the petition.28 ENROLLED 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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: