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Regular Session, 2013
HOUSE BILL NO. 457
BY REPRESENTATIVE HOLLIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS/CHOICE: Provides relative to a petition process for requesting that a school be
transferred to the Recovery School District
AN ACT1
To amend and reenact R.S. 17:10.5(F) and 22(7)(a)(iv), relative to the transfer of schools to2
the Recovery School District; to provide for the submission of petitions by parents3
requesting that a school be transferred to the Recovery School District under certain4
conditions; to require rules and regulations to be adopted by the State Board of5
Elementary and Secondary Education for the petition process and to stipulate with6
respect to the content of such rules and regulations; to provide relative to records and7
the petitioning process; to provide relative to certain reports by the state8
superintendent of education; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 17:10.5(F) and 22(7)(a)(iv) are hereby amended and reenacted to11
read as follows:12
§10.5. School and district accountability; failing schools; transfer to Recovery13
School District; parent petitions14
* * *15
F.(1) Notwithstanding the provisions of Paragraph (A)(1) of this Section, a16
public school shall be removed from the jurisdiction of the city, parish, or other local17
public school board or other public entity and transferred to the jurisdiction of the18
Recovery School District if such transfer is approved by the State Board of19
Elementary and Secondary Education and both of the following conditions are met:20 HLS 13RS-984 ORIGINAL
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(a) Parents or legal guardians representing at least a majority of the students1
attending the school sign a petition requesting that the school be transferred to the2
Recovery School District.3
(b) The school has received a letter grade of "D" or "F" or any variation4
thereof, pursuant to the Louisiana School and District Accountability System for5
three consecutive years.6
(2) The State Board of Elementary and Secondary Education shall develop7
and adopt rules and regulations for implementation of this Subsection which shall8
include but not be limited to:9
(a) The format and procedures for submitting a petition pursuant to this10
Subsection to the state superintendent of education to be brought by him before the11
State Board of Elementary and Secondary Education for review pursuant to the12
process established for the consideration of schools eligible for transfer to the13
Recovery School District as provided in this Section.14
(b) A requirement that each student may be signed for by his parents or legal15
guardians only one time on any given petition such that each student equals one16
signature.17
(c) Signature validation procedures that include the following requirements:18
(i) That upon submission of a petition, the state Department of Education19
shall determine if the number of signatures represents at least a majority of the20
students attending the school.21
(ii) That the signatures be assumed valid unless challenged or there is22
reasonable doubt of their validity. If validity is challenged or doubted, the23
department shall, within forty-five calendar days, review and verify the signatures.24
If the department finds that the number of valid signatures is fewer than a majority25
required, parents or legal guardians shall have thirty calendar days, commencing26
with a date specified by the department, to resolve such discrepancies and collect the27
signatures of additional parents or legal guardians. Signatures shall not be28 HLS 13RS-984 ORIGINAL
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discounted over technicalities if the clear intent of the parent or legal guardian was1
to support the petition.2
(d) Transfer procedures for students who choose not to remain enrolled at3
the school as a result of the state board's decision to transfer the school to the4
jurisdiction of the Recovery School District.5
(3) The state Department of Education shall maintain records regarding the6
contents and outcomes of the petitions.7
(4) Parents or legal guardians shall be free from harassment, threats, and8
intimidation related to circulation of or signing a petition.9
(5) School and district resources shall not be used to support or oppose any10
effort by petitioning parents or legal guardians to gather signatures and submit a11
petition.12
* * *13
§22. Superintendent; functions and duties14
The superintendent shall:15
* * *16
(7)(a) Make an annual report to the board, the governor, and the legislature17
on the condition of, the progress made, and the improvements needed in the public18
elementary and secondary schools. The report shall contain the following:19
* * *20
(iv) A report on the implementation of a total system of choice.21
* * *22
Section 2. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If25
vetoed by the governor and subsequently approved by the legislature, this Act shall become26
effective on the day following such approval.27 HLS 13RS-984 ORIGINAL
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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)]
Hollis HB No. 457
Abstract: Provides relative to a petition process for requesting that a school be transferred
to the Recovery School District.
Present law provides that parents of students attending a school with a letter grade of "D"
or "F" for three consecutive years may submit a petition to the State Board of Elementary
and Secondary Education (BESE) requesting that the school be transferred from the local
school system to the Recovery School District (RSD). 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.
Present law requires that the state superintendent of education make an annual report to
BESE, the governor, and the legislature on implementation of a total system of choice.
Proposed law retain present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:10.5(F) and 22(7)(a)(iv))