SLS 13RS-258 ORIGINAL
Page 1 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 199
BY SENATOR WHITE
SCHOOLS. Creates and provides for the Southeast Baton Rouge Community School Board
and school system in East Baton Rouge Parish. (See Act)
AN ACT1
To enact R.S. 17:58.2(I), 67, and 67.1 through 67.4, relative to the Southeast Baton Rouge2
Community School System; to provide for the school system, including its3
establishment and geographic boundaries; to provide for the school board and an4
interim school board; to provide for board membership, apportionment,5
qualifications, method of selection, terms of office, filling of vacancies,6
compensation, expenses, powers, duties, and responsibilities; to provide relative to7
facilities and property; to provide relative to the collection and remittance of certain8
taxes; to provide relative to the provision of certain student services; to provide9
relative to certain applications for funding; to provide for the reapportionment of the10
East Baton Rouge Parish School Board; to provide for effectiveness and for11
implementation; and to provide for related matters.12
Notice of intention to introduce this Act has been published.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 17:58.2(I), 67, and 67.1 through 67.4 are hereby enacted to read as15
follows:16
§58.2. East Baton Rouge Parish School Board; reapportionment; election districts;17 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 2 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
terms1
* * *2
I.(1) In addition to any other requirements in this Section, in the event3
the Southeast Baton Rouge Community School Board begins the actual4
operation of educating students within its jurisdiction as a separate school5
system in accordance with R.S. 17:67, the East Baton Rouge Parish School6
Board shall develop a plan to divide the parish, excluding the geographic area7
within the boundaries of the Southeast Baton Rouge Community School System,8
into single-member districts from each of which one member of such board9
shall be elected. Such districts shall be drawn with as equal population as10
possible, using population figures from the most recent federal decennial census.11
(2) Prior to the final adoption of such plan, the East Baton Rouge Parish12
School Board shall order a public hearing on the proposed plan and shall cause13
to be published in its official journal, at least twenty days prior to the date of14
such hearing, the time and place thereof, a general summary and map of the15
proposed plan, and the times and places where copies of the proposed plan are16
available for public inspection.17
(3) Notwithstanding any law to the contrary, each elected member of the18
East Baton Rouge Parish School Board holding office on the date the Southeast19
Baton Rouge Community School Board begins the actual operation of educating20
students within its jurisdiction as a separate school system shall serve the21
remainder of the term of office for which he was elected. If a vacancy occurs22
during his term of office, it shall be filled in accordance with law from districts23
in effect at the time the office is filled.24
(4) At the next date on which a regular election for members of the East25
Baton Rouge Parish School Board would be held following the date the26
Southeast Baton Rouge Community School Board begins the actual operation27
of educating students within its jurisdiction as a separate school system, the28
members of the East Baton Rouge Parish School Board shall be elected from29 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 3 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
single-member districts adopted in accordance with this Subsection. The1
members so elected and their successors in office shall serve four-year2
concurrent terms. Thereafter, the East Baton Rouge Parish School Board shall3
be reapportioned as otherwise provided by law.4
* * *5
§67. Southeast Baton Rouge Community School Board and school system;6
creation; membership; qualifications; apportionment; election;7
powers, duties, and functions; system operation8
A.(1) Notwithstanding any provision of law to the contrary, upon the9
appointment of members of the interim school board as provided in R.S.10
17:67.1, there shall be established a separate school system and school board for11
the Southeast Baton Rouge community in East Baton Rouge Parish. The school12
board shall be designated the Southeast Baton Rouge Community School Board.13
The board shall be composed of nine members, one from each of the single-14
member districts provided for in Subsection B of this Section, who shall be15
electors and shall meet the qualifications for office provided in R.S. 17:52(D)16
and (E).17
(2) The geographic boundaries of the school system shall be as follows:18
Commence at a point where the centerlines of Interstate 10 and Interstate 1219
intersect; thence proceed in an easterly direction along the centerline of20
Interstate 12 to its intersection with the Amite River; thence proceed in a21
southerly direction along the centerline of the Amite River to its intersection22
with Bayou Manchac; thence proceed in a westerly direction along the23
centerline of Bayou Manchac to its intersection with Interstate 10; thence24
proceed in a northwesterly direction along the centerline of Interstate 10 to the25
point of beginning.26
B.(1) The interim school board shall, within one hundred eighty days of27
appointment, develop and adopt a plan to divide the geographic area28
encompassed by the Southeast Baton Rouge Community School System into29 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 4 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
nine single-member districts, from each of which one member of the Southeast1
Baton Rouge Community School Board shall be elected. The districts shall be2
drawn in such a manner that each member of the Southeast Baton Rouge3
Community School Board represents as nearly as possible the same number of4
persons, using population figures from the latest federal decennial census.5
(2) Prior to the final adoption of the apportionment plan required by6
Paragraph (1) of this Subsection, the interim school board shall order a public7
hearing on the proposed plan and shall cause to be published in its official8
journal, at least twenty days prior to the date of such hearing, the time and9
place thereof, a general summary and map of the proposed plan, and the times10
and places where copies of the proposed plan are available for public inspection.11
C. The initial members of the Southeast Baton Rouge Community School12
Board shall be elected at the time and place provided by law generally for13
parish school board members occurring at least one year following appointment14
and shall take office as otherwise generally provided by law for parish school15
board members. Board members and their successors in office shall serve for16
four-year concurrent terms.17
D. Vacancies on the board shall be filled as generally provided by law for18
parish school boards.19
E.(1) The organization of the Southeast Baton Rouge Community School20
Board as well as the board's powers, duties, functions, and responsibilities shall21
be as generally provided by law for local public school boards. Compensation22
for board members and reimbursement for expenses shall be as generally23
provided by law for city, parish, and other local public school board members.24
(2) The Southeast Baton Rouge Community School Board shall adopt25
rules, regulations, and procedures consistent with law to effectuate this Section26
and to administer the duties, functions, and responsibilities of the board.27
F. The Southeast Baton Rouge Community School Board shall begin28
actual operation of providing for the education of students within its29 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 5 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
jurisdiction on July first immediately following the effective date of this Act.1
Beginning on July first immediately following the effective date of this Act and2
thereafter, notwithstanding any provision of law or rule or regulation to the3
contrary and pursuant to the duty and responsibility placed with the legislature4
by Article VIII, Section 1 of the Constitution of Louisiana to establish and5
maintain a public educational system and the authority granted the legislature6
by Article VIII, Section 10(A) of the Constitution of Louisiana to enact laws7
affecting parish school board systems in existence on the effective date of the8
constitution, all lands, buildings, improvements, facilities, and other property9
having title vested in the public and subject to management, administration,10
and control by the East Baton Rouge Parish School Board for public education11
purposes located within the geographic boundaries of the Southeast Baton12
Rouge Community School System or used to provide student transportation13
services to such facilities, or both, shall be transferred to, managed,14
administered, and controlled by the Southeast Baton Rouge Community School15
Board.16
G. The East Baton Rouge Parish School System shall transfer ownership17
of at least fifty school buses, each with at least sixty-passenger capacity that are18
of equal quality, age, and condition to the fleet owned and operated by the East19
Baton Rouge Parish School System to the Southeast Baton Rouge Community20
School System, including a sufficient number of handicapped-accessible buses21
to be used to transport the students needing special transportation services.22
H. The East Baton Rouge Parish School System shall provide extended23
school year services, through August thirty-first immediately following the24
effective date of this Act, to public and non-public school students residing25
within the geographic boundaries of the Southeast Baton Rouge Community26
School System who qualified to receive such services prior to June thirtieth27
immediately following the effective date of this Act.28
I. The East Baton Rouge Parish School System and any taxing district29 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 6 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
created by the East Baton Rouge Parish School System shall be the recipient of1
all sales and use taxes levied for school purposes collected within the geographic2
boundaries of the Southeast Baton Rouge Community School System and3
remitted by the tax collector through June thirtieth immediately following the4
effective date of this Act. Beginning on July first immediately following the5
effective date of this Act, the sales and use tax collector shall remit all sales and6
use taxes levied for school purposes collected within the geographic boundaries7
of the Southeast Baton Rouge Community School System, including delinquent8
payments, to the Southeast Baton Rouge Community School System.9
J. The East Baton Rouge Parish School System shall receive all ad10
valorem and property taxes levied for school purposes collected within the11
geographic boundaries of the Southeast Baton Rouge Community School12
System collected and remitted by the tax collector through June thirtieth13
immediately following the effective date of this Act. Beginning on July first14
immediately following the effective date of this Act, the tax collector shall remit15
all ad valorem and property taxes levied for school purposes collected within the16
geographic boundaries of the Southeast Baton Rouge Community School17
System, including delinquent payments, to the Southeast Baton Rouge18
Community School System.19
K. For every application made by the East Baton Rouge Parish School20
System for funding for the school year immediately following the effective date21
of this Act, which has a due date on or before August fifteenth immediately22
following the effective date of this Act, the East Baton Rouge Parish School23
System shall disaggregate the data for the Southeast Baton Rouge Community24
School System and shall submit two applications, one for the East Baton Rouge25
Parish School System and one for the Southeast Baton Rouge Community26
School System.27
L. Consistent with Article VIII of the Louisiana Constitution of 1974,28
relevant to equal educational opportunities, no state monies shall be used to29 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 7 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
discriminate or to have the effect of discriminating and failing to provide an1
equal educational opportunity for all students.2
§67.1. Southeast Baton Rouge Community School System; interim school board3
A. Notwithstanding any provision of law to the contrary, upon the4
appointment of the members thereof as provided in Subsection C of this Section,5
there shall be and there is hereby created an interim school board for the6
Southeast Baton Rouge Community School System which shall continue in7
existence until the taking of office of the initial elected members of the Southeast8
Baton Rouge Community School Board as provided by R.S. 17:67.9
B.(1) The interim school board shall be composed of seven members10
appointed at large as provided in Subsection C of this Section. An interim11
school board member shall have attained the age of eighteen, be an elector, have12
resided in the state for the two years preceding appointment, have been13
domiciled within the geographic boundaries of the school system for at least one14
year preceding appointment, meet the qualifications provided in R.S. 17:52(D),15
and reside within the geographic boundaries of the school system.16
(2) Membership on the interim school board shall not disqualify an17
otherwise eligible person from qualifying as a candidate for election as a18
member of the Southeast Baton Rouge Community School Board.19
C.(1) All members of the interim school board shall be appointed by the20
governor within thirty days after the effective date of this Section and shall21
serve until the taking of office of the initial members of the Southeast Baton22
Rouge Community School Board elected as provided in R.S. 17:67.23
(2) Members appointed by the governor shall be from a list of nominees24
provided as follows:25
(a) The members of the Louisiana Senate elected from district numbers26
six and sixteen shall each nominate three persons meeting the qualifications for27
office for each position to be appointed by the governor.28
(b) The members of the Louisiana House of Representatives elected from29 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 8 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
district numbers sixty-five, sixty-six, sixty-eight, and sixty-nine shall each1
nominate two persons meeting the qualifications for office for each position to2
be appointed by the governor.3
(3) A vacancy on the interim school board shall be filled in the same4
manner as the original appointment.5
D.(1) The interim school board shall constitute a body corporate in law.6
(2) The organization of the interim school board as well as the board's7
powers, duties, functions, and responsibilities shall be as provided by law8
generally for city, parish, and other local public school boards.9
(3) Members of the interim school board shall serve without10
compensation.11
E. The interim school board shall adopt rules, regulations, and12
procedures consistent with law to effectuate this Section and to administer the13
duties, functions, and responsibilities of the interim board.14
F. The provisions of R.S. 42:11 through 28, relative to open meetings,15
and the provisions of Chapter 1 of Title 44 of the Louisiana Revised Statutes of16
1950, relative to public records, shall be applicable to the interim school board17
and its members.18
G. All authority granted to the interim school board by this Section shall19
expire upon the taking of office of the initial members of the Southeast Baton20
Rouge Community School Board elected as provided by R.S. 17:67(C).21
However, the elected school board may take formal action to continue the22
interim school board as an advisory body on matters previously under the23
jurisdiction of the interim board.24
H. The East Baton Rouge Parish School Board shall:25
(1) Work cooperatively and collaboratively with the interim school board26
and the Southeast Baton Rouge Community School Board to effect the transfer27
of the students, buildings and other facilities, property, instructional materials,28
buses, and all other assets related to the schools located within the geographic29 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 9 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
boundaries of the Southeast Baton Rouge Community School System in an1
efficient and expeditious manner.2
(2) Provide the interim school board for the Southeast Baton Rouge3
Community School System with immediate and complete access to:4
(a) All school buildings and facilities associated with the schools located5
within the geographic boundaries of the Southeast Baton Rouge Community6
School System. Such access shall include making the school buildings and7
facilities to be transferred available, free of charge, to the interim and elected8
school boards for the Southeast Baton Rouge Community School System for9
purposes of conducting board and community meetings and other functions and10
activities related to the operation of the Southeast Baton Rouge Community11
School System.12
(b) All student records and any other student-related files associated13
with students enrolled in the schools to be transferred to the Southeast Baton14
Rouge Community School System.15
(c) All financial records associated with the schools to be transferred to16
the Southeast Baton Rouge Community School System, including those related17
to building maintenance, taxes, insurance, and indebtedness.18
I. The East Baton Rouge Parish School Board shall not:19
(1) Interfere, or impede in any way, with the processes to transfer the20
students, buildings and other facilities, property, instructional materials and21
equipment, buses, and all other assets related to the schools located within the22
geographical boundaries of the Southeast Baton Rouge Community School23
System to the Southeast Baton Rouge Community School Board.24
(2) Sell, transfer, or otherwise remove any asset or thing of value,25
movable or immovable, corporeal or incorporeal, attributable to the schools to26
be transferred to the Southeast Baton Rouge Community School System prior27
to such transfer.28
(3) Incur, transfer, or assign any debt or other responsibility or29 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 10 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
obligation to schools to be transferred to the Southeast Baton Rouge1
Community School System that is not properly attributable to such schools.2
§67.2. Redistribution of minimum foundation program to other school systems3
To ensure that the creation of the Southeast Baton Rouge Community4
School District does not have a negative impact on the minimum foundation5
program allocation to school systems, beginning in the fiscal year immediately6
following the effective date of this Act and continuing for the next four fiscal7
years, the State Board of Elementary and Secondary Education shall identify8
the districts in parishes other than East Baton Rouge on which the creation of9
the Southeast Baton Rouge Community School System causes a negative impact10
and determine the amount of the negative impact on the minimum foundation11
per pupil allocation. The State Board of Elementary and Secondary Education12
shall withhold the total of the amounts of the negative impact on all districts in13
parishes other than East Baton Rouge from the total minimum foundation14
program allocation to the Southeast Baton Rouge Community School District15
and transfer those funds on a per pupil basis to such districts.16
§67.3. Benefits of reemployed retirees and Legacy Benefit Trust Fund for17
Retirees of East Baton Rouge Parish School System18
A. The East Baton Rouge Parish School System shall annually provide19
to the Southeast Baton Rouge Community School System an itemization of all20
postemployment benefits to be paid by the East Baton Rouge Parish School21
Board for the benefit of every individual hired by the Southeast Baton Rouge22
Community School System as a full-time employee. The Southeast Baton Rouge23
Community School System shall reimburse East Baton Rouge Parish School24
System at least quarterly for all post employment benefits for any employee25
hired by Southeast Baton Rouge Community School System as a full-time26
employee until all post employment benefits to which said individual is entitled27
have been paid.28
B. A trust to be known as the "Legacy Benefit Trust for Retirees of the29 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 11 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
East Baton Rouge Parish School System" shall be established pursuant to R.S.1
17:1224. Within twelve months of beginning operation, the Southeast Baton2
Rouge Community School System shall deposit into the trust an initial sum3
calculated using the per pupil formula used to calculate the amount of funds4
received by the East Baton Rouge Parish School Board from the State Board of5
Elementary and Secondary Education on behalf of the East Baton Rouge parish6
schools placed under the jurisdiction of the Recovery School District.7
Thereafter, on or before July first of each succeeding year, the Southeast Baton8
Rouge Community School District shall deposit into the trust an amount9
calculated using the per pupil formula used to calculate the amount of funds10
received by the East Baton Rouge Parish School Board from the State Board of11
Elementary and Secondary Education on behalf of the East Baton Rouge parish12
schools placed under the jurisdiction of the Recovery School District.13
C. In the event it is determined by an actuarial study that the funds on14
deposit in the Legacy Benefit Trust for Retirees of the East Baton Rouge Parish15
School System are sufficient to pay the costs of the legacy benefits due to a16
proportionate share of individuals who retired from the East Baton Rouge17
Parish School System prior to the effective date of this Act, Southeast Baton18
Rouge Community School System shall not be required to make any additional19
payments to the Legacy Benefit Trust for Retirees of the East Baton Rouge20
Parish School System.21
§67.4. Payments to East Baton Rouge Parish Educational Facilities22
Improvement District23
A. Within thirty days of the effective date of this Act, the East Baton24
Rouge Parish Facilities Improvement District shall provide to the Southeast25
Baton Rouge Community School Board a schedule of values for any26
construction completed within the boundaries of the Southeast Baton Rouge27
Community School System with the proceeds of Qualified School Construction28
Bonds issued prior to the effective date of this Act, an accounting of payments29 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 12 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
made and to be made through the effective date of this Act, on said bonds, and1
a payment schedule showing the unpaid principal and interest due for said2
projects.3
B. Beginning on July first of the year following actual operation of the4
Southeast Baton Rouge Community School System, the Southeast Baton Rouge5
Community School System shall reimburse East Baton Rouge Parish Facilities6
Improvement District an amount equal to the percentage of the debt service7
paid in the preceding fiscal year attributable to the construction completed8
within the boundaries of the Southeast Baton Rouge Community School9
District. The reimbursement shall be made to East Baton Rouge Parish10
Educational Facilities Improvement District within thirty days of receipt by the11
Southeast Baton Rouge Community School District of confirmation of payment12
of the debt service attributable to construction completed within the boundaries13
of the Southeast Baton Rouge Community School System.14
Section 2. Any high school student residing within the geographic boundaries of the15
Southeast Baton Rouge Community School System or the East Baton Rouge Parish School16
System may elect to remain enrolled in the high school he was attending on the effective17
date of this Act, until such time as the student graduates from high school. Such student shall18
be included in the membership count for the school system in which he is enrolled for all19
purposes, including state funding through the Minimum Foundation Program formula.20
Section 3. This Act shall take effect and become operative if and when a proposed21
amendment to Article VIII, Section 13(D) of the Constitution of Louisiana is adopted at a22
statewide election and which amendment authorizes the Southeast Baton Rouge Community23
School System, as created in this Act or authorizes the creation of school districts by24
legislative act, as a system to be regarded and treated as a parish and have the authority25
granted to a parish school system as provided in Article VIII, Section 13 of the Constitution26
of Louisiana.27 SB NO. 199
SLS 13RS-258 ORIGINAL
Page 13 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Proposed law provides for the establishment of the Southeast Baton Rouge Community
School System and school board in East Baton Rouge Parish, and its operations.
Proposed law (R.S. 17:58.2(I)):
(1)Provides that in the event the SEBR Community School Board begins the actual
operation of educating students within its jurisdiction as a separate school system,
the EBR Parish School Board shall develop a plan to divide the parish, excluding the
area of the SEBR Community School System, into single-member districts from each
of which one board member shall be elected. States that such districts shall be drawn
with as equal population as possible, using population figures from the most recent
federal decennial census.
(2)Specifies that prior to the final adoption of such plan, the EBR Parish School Board
shall order a public hearing on the proposed plan and must publish the time and place
of the hearing, a general summary and map of the proposed plan, and the times and
places where copies of the proposed plan are available for public inspection in its
official journal at least 20 days prior to the date of such hearing.
(3)Provides that each elected member of the EBR Parish School Board holding office
on the date the SEBR Community School Board begins the actual operation of
educating students within its jurisdiction as a separate school system shall serve the
remainder of the term of office for which elected. Provides that a vacancy occurring
during such term of office will be filled in accordance with law from districts in
effect when filled.
(4)Provides that at the next date on which a regular election for members of the EBR
Parish School Board would be held following the date the SEBR Community School
Board begins the actual operation of educating students as a separate school system,
the members of the EBR Parish School Board shall be elected from single-member
districts adopted in accordance with proposed law. Provides that the members so
elected and their successors in office will serve four year concurrent terms.
Provides that any high school student residing within the geographic boundaries of the
SEBR Community School System or the EBR Parish School System may elect to remain
enrolled in the high school he was attending on the effective date of the Act, until such time
as the student graduates from high school. Further provides that such student shall be
included in the membership count for the school system in which he is enrolled for all
purposes, including state funding through the Minimum Foundation Program (MFP)
formula.
Proposed law (R.S. 17:67):
(1)Establishes a separate school system and school board for the Southeast Baton Rouge
community (SEBR) in East Baton Rouge Parish (EBR). Specifies the geographic
boundaries of the school system and provides that the SEBR Community School
Board shall be composed of nine members elected from single-member districts.
Requires that members be electors and meet the qualifications for office provided for
in present law (R.S. 17:52(D)) and (E)) for school boards, (R.S. 17:52(D)), specifies
that each member of a local school board shall be able to read and write, and (R.S.
17:52(E)) provides qualifications relative to age, residency, and domicile. SB NO. 199
SLS 13RS-258 ORIGINAL
Page 14 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2)Requires the interim school board, within 180 days of appointment, to develop and
adopt a plan to divide the SEBR Community School System into nine single-member
districts from each of which one member of the SEBR Community School Board
will be elected. Provides that the districts shall be drawn in a manner such that each
member of the SEBR Community School Board represents as nearly as possible the
same number of persons, using population figures from the latest federal decennial
census, and that the districts shall be effective in time for qualifying for the election
established by law generally for school board members.
(3)Provides that prior to the final adoption of the apportionment plan, the interim school
board must order a public hearing on the proposed plan. The interim school board
must publish the time and place of the hearing, a general summary and map of the
proposed plan, and the times and places where copies of the proposed plan are
available for public inspection in its official journal at least 20 days prior to such
hearing.
(4)Provides that the initial elected members of the board, each member of the SEBR
Community School Board shall be elected at the time and place provided by law
generally for local school board members. Provides that the members of the SEBR
Community School Board elected at least one year immediately following the
effective date of this Act shall assume office as otherwise provided by law generally
for local school board members, and such members and their successors in office
shall serve for four-year concurrent terms. Provides also that vacancies on the board
shall be filled as provided by law generally for local school boards.
(5)Provides that the organization, powers, duties, functions, and responsibilities of the
SEBR Community School Board and the board members' compensation and
reimbursement for expenses shall be as provided by law generally for local school
boards. Requires the school board to adopt rules, regulations, and procedures
consistent with law to effectuate proposed law and to administer the duties,
functions, and responsibilities of the board.
(6)Specifies that the SEBR Community School Board shall begin actual operation of
providing for the education of students within its jurisdiction on July 1
st
immediately
following the effective date of this Act.
(7)Provides that the interim school board shall begin such actual operation July 1
st
immediately following the effective date of this Act and shall exercise all powers
granted to the SEBR Community School Board. Also provides that for purposes of
proposed law, the SEBR Community School Board shall be deemed to have begun
actual operation on such date.
(8)Provides that on the date such actual operation begins and thereafter, all lands,
buildings, and improvements, facilities, and other property having title vested in the
public and subject to management, administration, and control by the EBR Parish
School Board for public education purposes but located within the geographic
boundaries of the SEBR Community School System or used to provide student
transportation services to such facilities shall be transferred to, managed,
administered, and controlled by the SEBR Community School Board.
(9)Requires the EBR Parish School System to transfer ownership of at least 50 school
buses each with at least 60-passenger capacity that are of equal quality, age, and
condition to the fleet owned and operated by the EBR Parish School System to the
SEBR Community School System, including a sufficient number of handicapped
accessible buses to be used to transport the students needing special transportation
services.
(10)Requires the EBR Parish School System to provide extended school year services, SB NO. 199
SLS 13RS-258 ORIGINAL
Page 15 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
through August 31
st
following the effective date, to public and non-public school
students residing within the geographic boundaries of the SEBR Community School
System who qualified to receive such services prior to June 30
th
of the year
immediately following the effective date of this Act.
(11)Provides that the EBR Parish School System and any taxing district created by such
school system shall be the recipient of all sales and use taxes levied for school
purposes collected within the geographic boundaries of the SEBR Community
School System collected and remitted by the tax collector through June 30
th
immediately following the effective date of this Act. Provides that beginning on July
1
st
immediately following the effective date of this Act, the sales and use tax
collectors shall remit all sales and use taxes levied for school purposes collected
within the geographic boundaries of the SEBR Community School System, including
delinquent payments, to the SEBR Community School System.
(12)Provides that the EBR Parish School System shall receive all ad valorem and
property taxes levied for school purposes collected within the geographic boundaries
of the SEBR Community School System and remitted by the tax collector through
June 30
th
immediately following the effective date of this Act. Provides that
beginning July 1
st
immediately following the effective date of this Act, the tax
collector shall remit all ad valorem and property taxes levied for school purposes
collected within the geographic boundaries of the SEBR Community School System,
including delinquent payments, to the SEBR Community School System.
(13)Provides that every application for funding made by the EBR Parish School System
for funding for the school year immediately following the effective date of this Act
which has a due date on or before August 15
th
immediately following the effective
date of this Act, the EBR School System shall disaggregate the data for the SEBR
Community School System and shall submit two applications, one for the EBR
Parish School System and one for the SEBR Community School System.
(14)Provides that consistent with Article VIII of the La. Constitution of 1974, no state
monies shall be used to discriminate or to have the effect of discriminating and
failing to provide an equal educational opportunity for all students.
Proposed law (R.S. 17:67.1):
(1)Creates an interim school board for the SEBR Community School System and
provides that the interim board shall continue in existence until the taking of office
of the initial elected members of the SEBR Community School Board.
(2)Provides for the interim school board to be composed of seven members appointed
at large. Requires that an interim school board member shall have attained the age
of 18, be an elector, have resided in the state for the two years preceding
appointment, have been actually domiciled within the geographic boundaries of the
school system for at least one year preceding appointment, meet the qualifications
provided in R.S. 17:52(D) relative to ability to read and write, and actually reside
within the geographic boundaries of the school system. Specifies that membership
on the interim school board shall not disqualify an otherwise eligible person from
qualifying as a candidate for election as a member of the SEBR Community School
Board.
(3)Provides that all members of the interim school board are to be appointed by the
governor within 30 days after the effective date of proposed law and will serve until
the initial elected members of the SEBR Community School Board take office.
Requires that members appointed by the governor be from a list of nominees.
Provides for the state senators from districts 6 and 16 to nominate three qualified
persons and for the representatives from districts 65, 66, 68, and 69 to each nominate SB NO. 199
SLS 13RS-258 ORIGINAL
Page 16 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
two qualified persons for each position to be appointed by the governor.
(4)Provides that a vacancy on the interim school board will be filled in the same manner
as the original appointment.
(5)Provides that the interim school board constitutes a body corporate in law and states
that the organization of the interim school board as well as the board's powers,
duties, functions, and responsibilities shall be as provided by law generally for local
school boards.
(6)Requires the interim school board to adopt rules, regulations, and procedures
consistent with law to effectuate proposed law and to administer the duties,
functions, and responsibilities of the interim board.
(7)Provides that the interim school board and its members are subject to the state's open
meetings and public records laws.
(8)Specifies that all authority granted to the interim school board by proposed law shall
expire when the initial elected members of the SEBR Community School Board take
office. Permits the school board, by formal action, to continue the interim school
board as an advisory body on matters previously under the jurisdiction of the interim
board.
(9)Provides that the EBR Parish School Board shall:
(a)Work cooperatively and collaboratively with the interim and elected SEBR
school boards to effect the transfer of the students, buildings and other
facilities, property, instructional materials, buses, and all other assets related
to the schools located within the geographic boundaries of the new school
system in an efficient and expeditious manner.
(b)Provide the SEBR interim school board with immediate and complete access
to:
(i)All school buildings and facilities associated with the schools located
within the boundaries of the SEBR Community School System. Such
access shall include making the school buildings and facilities to be
transferred available, free of charge, to the interim and elected school
boards for purposes of conducting board and community meetings
and other functions and activities related to the operation of the new
school system.
(ii)All student records and any other student related files associated with
students enrolled in the schools to be transferred to the SEBR
Community School System.
(iii)All financial records associated with the schools to be transferred,
including those related to building maintenance, taxes, insurance, and
indebtedness.
(10)Provides that the EBR Parish School Board shall not:
(a)Interfere, or impede in any way, with the processes to transfer the students,
buildings and other facilities, property, instructional materials and
equipment, buses, and all other assets related to the schools located within
the geographical boundaries of the SEBR Community School System.
(b)Sell, transfer, or otherwise remove any asset or thing of value, movable or SB NO. 199
SLS 13RS-258 ORIGINAL
Page 17 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
immovable, corporeal or incorporeal, attributable to the schools to be
transferred to the SEBR school system prior to such transfer.
(c)Incur, transfer, or assign any debt or other responsibility or obligation to
schools to be transferred to the SEBR school system that is not properly
attributable to such schools.
Proposed law (R.S. 17:67.2):
Requires that the creation of the Southeast Baton Rouge Community School District does
not have a negative impact on the minimum foundation program allocation to school
systems, beginning in the fiscal year immediately following the effective date of this Act and
continuing for the next four fiscal years, the State Board of Elementary and Secondary
Education shall identify the districts in parishes other than East Baton Rouge on which the
creation of the Southeast Baton Rouge Community School System causes a negative impact
and determine the amount of the negative impact on the minimum foundation per pupil
allocation. The State Board of Elementary and Secondary Education shall withhold the total
of the amounts of the negative impact on all districts in parishes other than East Baton Rouge
from the total minimum foundation program allocation to the Southeast Baton Rouge
Community School District and transfer those funds on a per pupil basis to such districts.
Proposed law (R.S. 17:67.3):
(1)Requires the EBR School System to annually provide to the SEBR Community
School System an itemization of all postemployment benefits to be paid by the East
Baton Rouge Parish School Board for the benefit of every individual hired by the
SEBR Community School System as a full-time employee. SEBR Community
School System shall reimburse EBR Parish School System at least quarterly for all
post employment benefits for any employee hired by SEBR Community School
System as a full time employee until all post employment benefits to which said
individual is entitled have been paid.
(2)Establishes the "Legacy Benefits Trust for Retirees of the EBR Parish School
System". Requires the SEBR Community School System to deposit, within 12
months of beginning operation, into the trust an initial sum calculated using the per
pupil formula used to calculate the amount of funds received by the EBR School
Board from BESE on behalf of the EBR parish schools placed under the jurisdiction
of the RSD. Thereafter, on or before July 1
st
of each succeeding year, the SEBR
Community School District shall deposit into the trust an amount calculated using
the per pupil formula used to calculate the amount of funds received by the EBR
School Board from BESE on behalf of the EBR parish schools placed under the
jurisdiction of the RSD.
(3)Provides that the SEBR Community School System shall not be required to make
any additional payments to the trust in the event it is determined by an actuarial
study that the funds on deposit in the trust are sufficient to pay the costs of the legacy
benefits due to individuals who retired from the EBR Parish School System prior to
the effective date of this Act.
Proposed law (R.S. 17:67.4):
Requires the EBR Parish Facilities Improvement District provide to the SEBR School Board
within 30 days of the effective date of this Act, a schedule of values for any construction
completed within the boundaries of the SEBR Community School System with the proceeds
of Qualified School Construction Bonds issued prior to the effective date of this Act, an
accounting of payments made and to be made through the effective date of this Act, on said
bonds, and a payment schedule showing the unpaid principal and interest due for said
projects. SB NO. 199
SLS 13RS-258 ORIGINAL
Page 18 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law is effective if and when a proposed amendment to Article VIII, Section 13(D)
of the Constitution of Louisiana is adopted at a statewide election and which amendment
authorizes the SEBR Community School System, as created in this Act or authorizes the
creation of school districts by legislative act, as a system to be regarded and treated as a
parish and have the authority granted to a parish school system as provided in Article VIII,
Section 13 of the Constitution of Louisiana.
(Adds R.S. 17:58.2(I), 67, and 67.1 through 67.4)