Wesley Bishop (HB 661) Act No. 330
Existing law defines Types 1, 1B, 2, 3, 4, and 5 charter schools. Defines a Type 5 as a
preexisting public school that was a failing school transferred to the Recovery School District
(RSD) and operated pursuant to a charter between a nonprofit corporation and the State Bd.
of Elementary and Secondary Education (BESE). Prior law defined a Type 5 to include a
preexisting public school that was a failing school transferred to the RSD but later transferred
back to the jurisdiction of the local school board or other public entity and operated pursuant
to a charter between a nonprofit corporation and a local school board or other public entity.
New law deletes prior law.
New 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. Provides that the local school
board shall permit a Type 3B charter school to remain in the facility in which it was located
at the time of transfer or shall provide the Type 3B charter school with another facility for
use. Authorizes BESE to require a Type 3B charter school to participate in unified processes
common to other public schools located in the same parish or school district boundaries that
are critical to providing equity and access to students and families, such as processes for
student enrollment, expulsion, and transportation. Further provides 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:
Existing law permits charter schools (except Type 5 schools) to have a residential
component. New law adds that existing law also applies to Types 1B and 3B schools.
Existing 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. New law provides that existing
law also applies to Type 3B schools.
Existing law provides certain requirements for charter schools (except Type 5 schools)
relative to the enrollment of at-risk students. New law additionally exempts Type 3B schools
from this requirement.
Relative to charter school funding:
Existing law provides that Types 1, 3, and 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 Types 1B and 2 charter schools 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 based on the district's Oct. 1 membership count.
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. New law provides that existing law also applies to Type 3B schools and requires
a district with one or more Type 3B charter schools to distribute MFP funds to each Type 1,
3, 3B, and 4 charter school using the weighted allocations provided for in the most recently
adopted MFP formula, except that any school board in a parish that contains a municipality
of 300,000 or more persons shall use the allocation method provided for in new law no
earlier than the 2018-2019 fiscal year for Types 1 and 3 charter schools in operation prior to
the 2013-2014 school year. Specifies that until that time, those schools shall be funded as
provided in existing law. Further specifies that for all other Type 1, 3, and 4 charter schools
in such a parish, the school board may request the use of a differentiated distribution
methodology to be approved by the state Dept. of Education prior to implementation. Existing law allows BESE, a local school board, or a local charter authorizer annually to
charge each charter school it authorizes a fee equal to 2% of the total MFP per pupil amount
received by the school for administrative overhead costs incurred by such chartering
authority. Further specifies the services provided for which such fee can be imposed upon
the charter school. New law adds that the state Dept. of Education may withhold and retain
from state funds otherwise allocated to a local public school system through the MFP an
amount equal to 0.25% of the administrative fee amount charged to a Type 3B charter school
for administrative costs incurred by the department for providing financial oversight and
monitoring of such charter schools.
Existing 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. 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. Prior law provided that Types 1B, 2, and 5 charter schools
were considered the local education agency for the purposes of any special education
funding. New law provides instead that Types 1B, 2, and 5 charter schools shall be
considered the local education agency for the purposes of any funding. New law further
provides 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 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.
Effective August 1, 2013.
(Amends R.S. 17:3973(2)(a) and (b)(v)(aa), 3991(B)(1)(d) and (23) and (H), 3995(A)(1)
(intro. para.) and (c) and (4)(a) and (B), and 3996(C) and (G); Adds R.S. 17:3973(2)(b)
(v)(dd) and (vii) and 3995(A)(3), (H), (I), and (J))