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Regular Session, 2013
HOUSE BILL NO. 206
BY REPRESENTATIVE REYNOLDS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS/BOARDS (Constitutional Amendment): Removes geographic limitations on the
legislature's authority to create new school boards and on provisions relative to
financing education
A JOINT RESOLUTION1
Proposing to amend Article VIII, Sections 9 and 13(B), (C), and (D) of the Constitution of2
Louisiana, to provide for creation of school boards and school districts by the3
legislature, subject to voter approval; to remove certain provisions limiting the4
legislature's authority to define the geographic jurisdiction of school districts; to5
provide relative to funding for such districts; to provide for submission of the6
proposed amendment to the electors; and to provide for related matters.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state of9
Louisiana, for their approval or rejection in the manner provided by law, a proposal to10
amend Article VIII, Sections 9 and 13(B), (C), and (D) of the Constitution of Louisiana, to11
read as follows:12
§9. Parish Local Public School Boards; Parish and Superintendents 13
Section 9.(A) Boards.(1) The legislature shall create parish local public14
school boards and provide for their geographic jurisdiction, referred to in this Section15
as "school districts", and the election of their members. 16
(2) On and after January 1, 2015, an Act of the legislature creating a local17
public school board and creating a school district from territory in an existing district18
or districts shall become effective only if a proposition proposing the creation of the19 HLS 13RS-524 ENGROSSED
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school board as provided in the Act has been approved by both of the following at1
an election held for the purpose:2
(a) A majority of the electors of the proposed school district who vote on the3
proposition.4
(b) A majority of the electors of each existing school district from which the5
proposed school district is to be created who vote on the proposition.6
(3) On and after January 1, 2015, an Act of the legislature creating a local7
public school board or otherwise changing a school district's boundaries shall not be8
considered a violation of Article III, Section 12 of this constitution because of such9
provisions, but such an Act is subject to the requirements of Article III, Section 1310
of this constitution.11
(B) Superintendents. Each parish local public school board shall elect a12
superintendent of parish schools. The State Board of Elementary and Secondary13
Education shall fix the qualifications and prescribe the duties of the parish local14
public school superintendent. He need not be a resident of the parish in school15
district which he serves.16
* * *17
§13. Funding; Apportionment18
Section 13.19
* * *20
(B) Minimum Foundation Program. The State Board of Elementary and21
Secondary Education, or its successor, shall annually develop and adopt a formula22
which shall be used to determine the cost of a minimum foundation program of23
education in all public elementary and secondary schools as well as to equitably24
allocate the funds to parish and city local public school systems. Such formula shall25
provide for a contribution by every city and parish local public school system. Prior26
to approval of the formula by the legislature, the legislature may return the formula27
adopted by the board to the board and may recommend to the board an amended28
formula for consideration by the board and submission to the legislature for29 HLS 13RS-524 ENGROSSED
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approval. The legislature shall annually appropriate funds sufficient to fully fund the1
current cost to the state of such a program as determined by applying the approved2
formula in order to insure ensure a minimum foundation of education in all public3
elementary and secondary schools. Neither the governor nor the legislature may4
reduce such appropriation, except that the governor may reduce such appropriation5
using means provided in the act containing the appropriation provided that any such6
reduction is consented to in writing by two-thirds of the elected members of each7
house of the legislature. The funds appropriated shall be equitably allocated to8
parish and city local public school systems according to the formula as adopted by9
the State Board of Elementary and Secondary Education, or its successor, and10
approved by the legislature prior to making the appropriation. Whenever the11
legislature fails to approve the formula most recently adopted by the board, or its12
successor, the last formula adopted by the board, or its successor, and approved by13
the legislature shall be used for the determination of the cost of the minimum14
foundation program and for the allocation of funds appropriated.15
(C) Local Funds. Local funds for the support of elementary and secondary16
schools shall be derived from the following sources:17
First: (1) Each parish local public school board, except as provided in18
Subparagraph (2) of this Paragraph, Orleans Parish excepted, and each municipality19
or city school board actually operating, maintaining, or supporting a separate system20
of public schools, shall levy annually an ad valorem maintenance tax not to exceed21
five mills on the dollar of assessed valuation on property subject to such taxation22
within the parish or city, respectively school district.23
Second: (2) The school board of a school district in New Orleans Parish24
School Board shall levy annually a tax not to exceed thirteen mills on the dollar of25
the assessed valuation of property within the city of New Orleans assessed for city26
taxation, and shall certify the amount of the tax to the governing authority of the city.27
The governing authority shall have the tax entered on city tax rolls. The tax shall be28
collected in the manner, under the conditions, and with the interest and penalties29 HLS 13RS-524 ENGROSSED
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prescribed by law for city taxes. The money thus collected shall be paid daily to the1
Orleans Parish School Board appropriate school board.2
Third: (3) For giving additional support to public elementary and secondary3
schools, any parish, municipality, school district, or subschool district, or subdistrict4
or any municipality or city school board which supports a separate city system of5
public schools may levy an ad valorem tax for a specific purpose, when authorized6
by a majority of the electors voting in the parish, municipality, district, or subdistrict7
in an election held for that purpose. The amount, duration, and purpose of the tax8
shall be in accord with any limitation imposed by the legislature.9
(D)(1) Municipal and Other School Systems. For the effects and purposes10
of this Section, the Central community school system and the Zachary community11
school system in East Baton Rouge Parish, and the municipalities of Baker in East12
Baton Rouge Parish, Monroe in Ouachita Parish, and Bogalusa in Washington13
Parish, and no others, shall be regarded and treated as parishes and shall have the14
authority granted parishes. Consistent with this Article VIII of this constitution,15
relevant to equal educational opportunities, no state dollars shall be used to16
discriminate or to have the effect of discriminating in providing equal educational17
opportunity for all students.18
(2) Notwithstanding Article III, Sections 12 and 13 and any other provision19
of this Constitution, in any session of the legislature in which a school system is20
proposed to be removed from the provisions of this Paragraph including any such21
proposal effective at the same time as this Subparagraph, the legislature may by law,22
the effectiveness of which depends on the passage and adoption by the people of23
such proposition, eliminate any or all relevant statutory provisions without regard to24
the requirements of such Sections.25
Section 2. Be it further resolved that this proposed amendment shall be submitted26
to the electors of the state of Louisiana at the statewide election to be held on November 4,27
2014.28 HLS 13RS-524 ENGROSSED
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Section 3. Be it further resolved that on the official ballot to be used at the election,1
there shall be printed a proposition, upon which the electors of the state shall be permitted2
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as3
follows:4
Do you support an amendment to remove restrictions on the legislature's5
authority to define the geographic jurisdiction of local public school boards6
and to provide for legislative creation of local public school boards and7
school districts, subject to voter approval, which amendment also provides8
that all legislatively created local public school boards are included in the9
minimum foundation funding formula for public elementary and secondary10
schools and provides for the taxing authority of such school boards?11
(Amends Article VIII, Sections 9 and 13(B), (C), and (D))12
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)]
Reynolds HB No. 206
Abstract: Replaces requirement that the legislature create parish school boards with a
requirement that the legislature create local public school boards and specify their
geographic jurisdiction and requires voter approval of new school boards; provides
that any local public school district is to be included in the MFP and has
constitutionally granted authority to levy ad valorem taxes.
Present constitution requires the legislature to create parish school boards. Proposed
constitutional amendment removes "parish" as a restriction on the type of school boards the
legislature is to create and requires that the legislature specify the geographic jurisdiction of
school boards. Proposed constitutional amendment changes references to parish schools and
city or municipal schools to local public schools in the following constitutional provisions
thereby providing that all school systems are covered by these provisions:
(1)Provisions for the selection of local school superintendents.
(2)Provisions for inclusion of school systems in the MFP formula and for the allocation
of MFP funds to such systems.
(3)Provisions requiring school systems to levy ad valorem taxes and establishing the
maximum millage rate for such taxes.
Present constitution specifically provides that the following school systems are treated like
other school systems for purposes of the MFP and local taxing authority: the Central
community school system, the Zachary community school system, and school systems in HLS 13RS-524 ENGROSSED
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Baker, Monroe, and Bogalusa. Proposed constitutional amendment repeals present
constitution.
Proposed constitutional amendment requires voter approval of an Act of the legislature
creating a new school board and a school district from territory in an existing district or
districts. Requires approval of a majority of the electors voting in both the proposed school
district and in each existing school district from which the proposed district is to be created.
Present constitution (Art. III, §12) prohibits a local law regarding management of parish or
city public schools. Proposed constitution provides that a legislative Act creating a school
board or changing a school district shall not violate this provision, but requires publication
of local notice of any such legislation.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 4, 2014.
(Amends Const. Art. VIII, §§9 and 13(B), (C), and (D))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Removes prohibition against the creation of a school district that is not wholly
contained in a single parish.