HLS 13RS-1133 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 661
BY REPRESENTATIVE WESLEY BISHOP
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS/CHARTER: Provides relative to charter schools
AN ACT1
To amend and reenact R.S. 17:3973(2)(a) and (b)(v)(aa), 3991(B)(1)(d) and (23) and (H),2
3995(A)(1)(introductory paragraph), (a), and (c) and (B), and 3996(C) and (G) and3
to enact R.S. 17:3973(2)(b)(v)(dd) and (vii) and 3995(H), (I), and (J), relative to4
charter schools; to create a Type 3B charter school; to provide relative to charter5
school funding including funding for Type 3B charter schools; to provide for the6
applicability of certain provisions to Type 3B schools including student enrollment,7
acquired assets, and budget submission; to provide that a Type 5 charter school8
returned to the local school board from the Recovery School District shall be9
considered the local education agency for funding purposes; to provide for rules10
adopted by the State Board of Elementary and Secondary Education; to provide for11
definitions; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 17: R.S. 17:3973(2)(a) and (b)(v)(aa), 3991(B)(1)(d) and (23) and14
(H), 3995(A)(1)(introductory paragraph), (a), and (c) and (B), and 3996(C) and (G) are15
hereby amended and reenacted and R.S. 17:3973(2)(b)(v)(dd) and (vii) and 3995(H), (I), and16
(J) are hereby enacted to read as follows:17
§3973. Definitions18 HLS 13RS-1133 ORIGINAL
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As used in this Chapter, the following words, terms, and phrases shall have1
the meanings ascribed to them in this Section except when the context clearly2
indicates a different meaning:3
* * *4
(2)(a) "Charter school" means an independent public school that provides a5
program of elementary or secondary education, or both, established pursuant to and6
in accordance with the provisions of this Chapter to provide a learning environment7
that will improve pupil achievement. Nothing in this Chapter shall be construed to8
prohibit a Type 1, Type 1B, Type 2, Type 3, Type 3B, or Type 4 charter school from9
having a residential component.10
(b)11
* * *12
(v)(aa) - Type 5, which means a preexisting public school transferred to the13
Recovery School District as a school determined to be failing pursuant to R.S.14
17:10.5 or 10.7 and operated as the result of and pursuant to a charter between a15
nonprofit corporation and the State Board of Elementary and Secondary Education,16
or between a nonprofit corporation and a city, parish, or other local school board or17
other public entity in the case of the renewal of a Type 5 charter of a school that has18
been transferred back to the jurisdiction of the local school board or other public19
entity pursuant to R.S. 17:10.5(C). The chartering authority shall review each Type20
5 charter proposal in compliance with the Principles and Standards for Quality21
Charter School Authorizing as promulgated by the National Association of Charter22
School Authorizers. Except as otherwise provided in R.S. 17:10.7 or 1990, and23
notwithstanding the provisions of R.S. 17:3991(B)(1), within such Type 5 charter24
school, only pupils who would have been eligible to enroll in or attend the25
preexisting school under the jurisdiction of the city, parish, or other local public26
school board or other public school entity prior to its transfer to the Recovery School27
District may attend. However, all such pupils shall be eligible to attend28
notwithstanding any other provision of this Chapter to the contrary.29 HLS 13RS-1133 ORIGINAL
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* * *1
(dd) A Type 5 charter school that is transferred from the Recovery School2
District to the administration and management of the transferring local school system3
pursuant to R.S. 17:10.5 or 10.7 and rules adopted by the state board shall no longer4
be determined to be failing and shall be converted to a Type 3B charter school.5
* * *6
(vii) Type 3B, which means a former Type 5 charter school transferred from7
the Recovery School District to the administration and management of the8
transferring local school system pursuant to R.S. 17:10.5 or 10.7 and rules adopted9
by the state board.10
* * *11
§3991. Charter schools; requirements; limitations; renewal; amendment; revocation12
* * *13
B. Each proposed charter shall contain or make provision for the following:14
(1)15
* * *16
(d) The provisions of R.S. 17:3991(B)(1) and (3) this Paragraph and17
Paragraph (3) of this Subsection shall not apply to Type 5 or 3B charters.18
* * *19
(23) Provisions regarding the security of the school. If a local school board20
provides security services for its schools then it shall make such services available21
to any of its type Type 1, 3, 3B, or 4 charter schools on terms as provided within the22
charter agreement.23
* * *24
(H) Any assets acquired by a Type 1, 1B, 2, 3, 3B, or 5 charter school are the25
property of that charter school for the duration of that school's charter agreement.26
Any assets acquired by a Type 4 charter school are the property of the local school27
board. If the charter agreement of any Type 1, 1B, 2, 3, 3B, or 5 charter school is28
revoked or the school otherwise ceases to operate, all assets purchased with any29 HLS 13RS-1133 ORIGINAL
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public funds become the property of the chartering authority. Assets that become the1
property of a local charter authorizer pursuant to this Subsection shall be used solely2
for purposes of operating charter schools. Charter schools are to maintain records3
of any assets acquired with any private funds which remain the property of the4
nonprofit group operating the charter school.5
* * *6
§3995. Charter school funding7
A.(1) For the purpose of funding, a Type 1, Type 3, Type 3B, and Type 48
charter school shall be considered an approved public school of the local school9
board entering into the charter agreement and shall receive a per pupil amount each10
year from the local school board based on the October first membership count of the11
charter school. Type 1B and Type 2 charter schools shall receive a per pupil amount12
each year authorized by the state board each year as provided in the Minimum13
Foundation Program approved formula. The per pupil amount provided to a Type14
1, 1B, 2, 3, 3B, or 4 charter school shall be computed annually and shall be equal to15
no less than the per pupil amount received by the school district in which the charter16
school is located from the following sources based on the district's October first17
membership count:18
(a) The state-funded per pupil allocation received by the district pursuant to19
the most recent legislatively approved minimum foundation program formula20
resolution, including all levels. A district with one or more Type 3B charter schools21
shall allocate minimum foundation program formula funds to each school directly22
operated or authorized by the school district, including Type 1, 3, 3B, and 4 charter23
schools, using the differentiated per-pupil funding formula contained in the24
minimum foundation program formula for providing weighted funding based on25
differing levels of student need. A district that does not have one or more Type 3B26
charter schools may allocate minimum foundation program formula funds to each27
school directly operated or authorized by the school district, including Type 1, 3, 3B,28
and 4 charter schools, using such this differentiated per-pupil funding formula.29 HLS 13RS-1133 ORIGINAL
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(c) The provisions of this Paragraph permitting the calculation of the per2
pupil amount to be provided to a Type 1, 1B, 2, 3, 3B, or 4 charter school to exclude3
any portion of local revenues specifically dedicated by the legislature or by voter4
approval to capital outlay or debt service, shall be applicable only to a charter school5
housed in a facility or facilities provided by the district in which the charter school6
is located.7
* * *8
B. For each pupil enrolled in a charter school who is entitled to special9
education services, any state special education funding beyond that provided in the10
minimum foundation program and any federal funds for special education for that11
pupil that would have been allocated for that pupil shall be allocated to the charter12
school which the pupil attends. Any Type 2 charter school shall be considered the13
local education agency for the purposes of any special education funding or statutory14
definitions, while the local school board shall remain the local education agency for15
any Type 1, 3, or 4 charter school. A Type 5 charter school that was transferred to16
the Recovery School District pursuant to R.S. 17:10.7(A) and returned to the17
administration and management of the transferring local school system pursuant to18
R.S. 17:10.7(C) shall be considered the local education agency for all funding19
purposes.20
* * *21
H. Any Type 1B, 2, or 5 charter school shall be considered the local22
education agency for funding purposes and statutory definitions pursuant to rules23
adopted by the state board.24
I. The local school board shall remain the local education agency for any25
Type 1, 3 or 4 charter school.26
J. Except as otherwise provided in this Section, a Type 5 charter school shall27
have the option to remain its own local education agency for funding purposes and28
statutory definitions upon conversion to a Type 3B charter school pursuant to rules29 HLS 13RS-1133 ORIGINAL
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adopted by the state board. Pursuant to this Subsection, the state board shall adopt1
rules for a Type 3B charter school considered its own local education agency and2
such rules shall:3
(1) Provide for the delineation of financial and programmatic obligations of4
the charter school related to the receipt of funds as a local education agency.5
(2) Authorize the state Department of Education to retain one quarter of one6
percent of the maximum two percent annual fee provided for in this Section from the7
charter school for administrative overhead costs incurred by the department for8
providing financial oversight and monitoring.9
(3) Authorize the state superintendent of education to rescind the local10
education agency status of a charter school should the charter school fail to meet the11
financial and programmatic obligations approved by the state board pursuant to this12
Subsection. 13
§3996. Charter schools; exemptions; requirements14
* * *15
C. A charter school established and operated in accordance with the16
provisions of this Chapter shall comply with state and federal laws and regulations17
otherwise applicable to public schools with respect to civil rights and individuals18
with disabilities. Any Type 1B, Type 2, or Type 5 charter school shall be considered19
the local education agency for the purposes of any special education funding or20
statutory definitions, while the local school board shall remain the local education21
agency for any Type 1, 3, or 4 charter school.22
* * *23
G. All charter schools established and operated in accordance with the24
provisions of this Chapter shall comply with the provisions of R.S. 39:1301 through25
1315. Each Type 1, 3, 3B, and 4 charter school annually shall submit its budget to26
the local school board that approved its charter, and such board shall submit the27
charter school's budget to the state superintendent of education in accordance with28
the provisions of R.S. 17:88. Each Type 1B charter school annually shall submit its29 HLS 13RS-1133 ORIGINAL
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budget to its authorizer. Each Type 2 and Type 5 charter school annually shall1
submit its budget directly to the state superintendent of education.2
* * *3
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)]
Wesley Bishop HB No. 661
Abstract: Provides that a Type 5 charter school transferred to the Recovery School District
and returned to the transferring local school system shall be converted to a Type 3B
charter school and in some cases, shall be considered the local education agency for
all funding purposes. Provides relative to funding for Type 3B charter schools.
Present law defines Types 1, 1B, 2, 3, 4, and 5 charter schools. Defines a Type 5 as a
preexisting public school that is a failing school transferred to the Recovery School District
(RSD) pursuant to present law (R.S. 17:10.5 or 10.7) and operated pursuant to a charter
between a nonprofit corporation and the State Board of Elementary and Secondary
Education (BESE) or between a nonprofit corporation and a city, parish, or other local
school board or other public entity in the case of the renewal of a Type 5 charter of a school
that has been transferred back to the jurisdiction of the local school board or other public
entity. Proposed law retains present law definition except deletes provision permitting a
Type 5 to be operated pursuant to charter between a nonprofit corporation and a local school
board. Proposed law adds definition for a Type 3B charter school to mean a former Type
5 school transferred from the RSD to the transferring local system. Further adds that a Type
5 charter school transferred from the RSD to the transferring local school system shall no
longer be determined to be failing and shall be converted to a Type 3B charter school.
Relative to exemptions and requirements for charter schools:
Present law permits charter schools (except Type 5 schools) to have a residential component.
Proposed law adds that present law also applies to Types 1B and 3B schools.
Present law requires local school boards to make security services available to certain types
of charter schools under certain circumstances. Provides that assets acquired by a charter
school (except Type 4 schools) are the property of that charter school. Further provides for
the status of assets when a charter agreement is revoked or the school ceases to operate and
provides for use and records with regard to the assets. Requires certain charter schools
annually to submit their budgets to the local school boards and requires local boards to
submit the budgets to the state superintendent of education Proposed law adds that present
law also applies to Types 3B schools.
Present law provides certain requirements for charter schools (except Type 5 schools)
relative to the enrollment of at-risk students. Proposed law additionally exempts Type 3B
schools from this requirement.
Relative to charter school funding:
Present law provides that Type 1, Type 3, and Type 4 charter schools shall be considered
approved public schools of the local school board entering into the charter agreement and
shall receive a per pupil amount each year from the local school board based on the Oct. 1
membership count of the charter school. Provides that Type 1B and Type 2 charter schools HLS 13RS-1133 ORIGINAL
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shall receive a per pupil amount each year from the minimum foundation program (MFP)
approved formula. Provides that except for Type 5 charter schools, the per pupil amount
shall be computed annually and shall be equal to no less than the per pupil amount received
by the school district in which the charter school is located from state and local sources
specified in present law based on the district's Oct. 1 membership count. Specifies that the
state source shall be the per pupil allocation received by the district pursuant to the most
recent legislatively approved MFP formula resolution, including all levels. Permits the
calculation of the per pupil amount provided to charter schools (except Type 5 schools) to
exclude any portion of local revenues specifically dedicated by the legislature or by voter
approval to capital outlay or debt service, but specifies that this shall apply only to a charter
school housed in a facility provided by the district in which the charter school is located.
Proposed law adds that present law also applies to Type 3B schools. Further adds that a
district with one or more Type 3B charter schools shall allocate MFP formula funds to each
school directly operated or authorized by the school district using the differentiated per-pupil
funding formula contained in the MFP for providing weighted funding based on differing
levels of student need. Permits a district with no Type 3B charter schools to allocate MFP
formula funds to each school directly operated or authorized by the school district, including
Type 1, 3, 3B, and 4 charter schools, using such this differentiated per-pupil funding
formula.
Present law requires that for each special education student enrolled in a charter school, any
state special education funding beyond that provided in the MFP and any federal funds for
special education that would have been allocated for that student shall be allocated to the
charter school which the student attends. Provides that Type 1B, Type 2, and Type 5 charter
schools shall be considered the local education agency for the purposes of any special
education funding or statutory definitions and the local school board shall remain the local
education agency for Type 1, Type 3, and Type 4 charter schools. Requires charter schools
to comply with state and federal laws and regulations otherwise applicable to public schools
with respect to civil rights and individuals with disabilities. Proposed law retains present
law except provides that Type 1B, Type 2, and Type 5 charter schools shall be considered
the local education agency for the purposes of any funding or statutory definitions and adds
that a Type 5 charter school transferred to the RSD and returned to the transferring local
school system pursuant to present law (R.S. 17:10.7) shall be considered the local education
agency for all funding purposes. Proposed law further adds that a Type 5 charter school may
choose to remain its own local education agency for funding purposes and statutory
definitions upon conversion to a Type 3B charter school. Requires BESE to adopt rules for
a Type 3B charter school considered its own local education agency that:
(1)Provide for the delineation of financial and programmatic obligations of the charter
school regarding the receipt of funds as a local education agency.
(2)Authorize the state Dept. of Education to retain 0.25% of the maximum 2% annual
fee from the charter school for administrative overhead costs incurred by the
department for providing financial oversight and monitoring.
(3)Authorize the state superintendent of education to rescind the local education agency
status of the charter school if the charter school fails to meet the financial and
programmatic obligations approved by BESE.
Present law (R.S. 17:10.5 and 10.7) provides for the transfer of a failed school to the RSD.
Provides that the RSD shall retain jurisdiction over any school transferred to it for a period
of not less than five school years not including the school year in which the transfer occurred
if the transfer occurred during a school year. Provides that at the end of the initial transfer
period, the school may be returned to the system from which it was transferred unless the
school is continued in the RSD in accordance with present law. HLS 13RS-1133 ORIGINAL
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(Amends R.S. 17:3973(2)(a) and (b)(v)(aa), 3991(B)(1)(d) and (23) and (H),
3995(A)(1)(intro. para.), (a), and (c) and (B), and 3996(C) and (G); Adds R.S.
17:3973(2)(b)(v)(dd) and (vii) and 3995(H), (I), and (J))