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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 with respect to certain costs11
related to retired employees; to provide for effectiveness and for implementation;12
and to provide for related matters.13
Notice of intention to introduce this Act has been published.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 17:58.2(I), 67, and 67.1 through 67.4 are hereby enacted to read as16
follows:17 SB NO. 199
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§58.2. East Baton Rouge Parish School Board; reapportionment; election districts;1
terms2
* * *3
I.(1) In addition to any other requirements in this Section, in the event4
the Southeast Baton Rouge Community School Board begins the actual5
operation of educating students within its jurisdiction as a separate school6
system in accordance with R.S. 17:67, the East Baton Rouge Parish School7
Board shall develop a plan to divide the parish, excluding the geographic area8
within the boundaries of the Southeast Baton Rouge Community School System,9
into single-member districts from each of which one member of such board10
shall be elected. Such districts shall be drawn with as equal population as11
possible, using population figures from the most recent federal decennial census.12
(2) Prior to the final adoption of such plan, the East Baton Rouge Parish13
School Board shall order a public hearing on the proposed plan and shall cause14
to be published in its official journal, at least twenty days prior to the date of15
such hearing, the time and place thereof, a general summary and map of the16
proposed plan, and the times and places where copies of the proposed plan are17
available for public inspection.18
(3) Notwithstanding any law to the contrary, each elected member of the19
East Baton Rouge Parish School Board holding office on the date the Southeast20
Baton Rouge Community School Board begins the actual operation of educating21
students within its jurisdiction as a separate school system shall serve the22
remainder of the term of office for which he was elected. If a vacancy occurs23
during his term of office, it shall be filled in accordance with law from districts24
in effect at the time the office is filled.25
(4) At the next date on which a regular election for members of the East26
Baton Rouge Parish School Board would be held following the date the27
Southeast Baton Rouge Community School Board begins the actual operation28
of educating students within its jurisdiction as a separate school system, the29 SB NO. 199
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members of the East Baton Rouge Parish School Board shall be elected from1
single-member districts adopted in accordance with this Subsection. The2
members so elected and their successors in office shall serve four-year3
concurrent terms. Thereafter, the East Baton Rouge Parish School Board shall4
be reapportioned as otherwise provided by law.5
* * *6
§67. Southeast Baton Rouge Community School Board and school system;7
creation; membership; qualifications; apportionment; election;8
powers, duties, and functions; system operation9
A.(1) Notwithstanding any provision of law to the contrary, upon the10
appointment of members of the interim school board as provided in R.S.11
17:67.1, there shall be established a separate school system and school board for12
the Southeast Baton Rouge community in East Baton Rouge Parish. The school13
board shall be designated the Southeast Baton Rouge Community School Board.14
The board shall be composed of nine members, one from each of the single-15
member districts provided for in Subsection B of this Section, who shall be16
electors and shall meet the qualifications for office provided in R.S. 17:52(D)17
and (E).18
(2) The geographic boundaries of the school system shall be as follows:19
Commence at a point where the centerlines of Interstate 10 and Interstate 1220
intersect; thence proceed in an easterly direction along the centerline of21
Interstate 12 to its intersection with the Amite River; thence proceed in a22
southerly direction along the centerline of the Amite River to its intersection23
with Bayou Manchac; thence proceed in a westerly direction along the24
centerline of Bayou Manchac to its intersection with Interstate 10; thence25
proceed in a northwesterly direction along the centerline of Interstate 10 to the26
point of beginning.27
B.(1) The interim school board shall, within one hundred eighty days of28
appointment, develop and adopt a plan to divide the geographic area29 SB NO. 199
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encompassed by the Southeast Baton Rouge Community School System into1
nine single-member districts, from each of which one member of the Southeast2
Baton Rouge Community School Board shall be elected. The districts shall be3
drawn in such a manner that each member of the Southeast Baton Rouge4
Community School Board represents as nearly as possible the same number of5
persons, using population figures from the latest federal decennial census.6
(2) Prior to the final adoption of the apportionment plan required by7
Paragraph (1) of this Subsection, the interim school board shall order a public8
hearing on the proposed plan and shall cause to be published in its official9
journal, at least twenty days prior to the date of such hearing, the time and10
place thereof, a general summary and map of the proposed plan, and the times11
and places where copies of the proposed plan are available for public inspection.12
C. The initial members of the Southeast Baton Rouge Community13
School Board shall be elected at the time and place provided by law generally14
for parish school board members occurring at least one year following15
appointment and shall take office as otherwise generally provided by law for16
parish school board members. Board members and their successors in office17
shall serve for four-year concurrent terms.18
D. Vacancies on the board shall be filled as generally provided by law19
for parish school boards.20
E.(1) The organization of the Southeast Baton Rouge Community School21
Board as well as the board's powers, duties, functions, and responsibilities shall22
be as generally provided by law for local public school boards. Compensation23
for board members and reimbursement for expenses shall be as generally24
provided by law for city, parish, and other local public school board members.25
(2) The Southeast Baton Rouge Community School Board shall adopt26
rules, regulations, and procedures consistent with law to effectuate this Section27
and to administer the duties, functions, and responsibilities of the board.28
F. The Southeast Baton Rouge Community School Board shall begin29 SB NO. 199
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actual operation of providing for the education of students within its1
jurisdiction on July first immediately following the effective date of this Act.2
Beginning on July first immediately following the effective date of this Act and3
thereafter, notwithstanding any provision of law or rule or regulation to the4
contrary and pursuant to the duty and responsibility placed with the legislature5
by Article VIII, Section 1 of the Constitution of Louisiana to establish and6
maintain a public educational system and the authority granted the legislature7
by Article VIII, Section 10(A) of the Constitution of Louisiana to enact laws8
affecting parish school board systems in existence on the effective date of the9
constitution, all lands, buildings, improvements, facilities, and other property10
having title vested in the public and subject to management, administration,11
and control by the East Baton Rouge Parish School Board for public education12
purposes located within the geographic boundaries of the Southeast Baton13
Rouge Community School System or used to provide student transportation14
services to such facilities, or both, shall be transferred to, managed,15
administered, and controlled by the Southeast Baton Rouge Community School16
Board.17
G. The East Baton Rouge Parish School System shall transfer ownership18
of at least fifty school buses, each with at least sixty-passenger capacity that are19
of equal quality, age, and condition to the fleet owned and operated by the East20
Baton Rouge Parish School System to the Southeast Baton Rouge Community21
School System, including a sufficient number of handicapped-accessible buses22
to be used to transport the students needing special transportation services.23
H. The East Baton Rouge Parish School System shall provide extended24
school year services, through August thirty-first immediately following the25
effective date of this Act, to public and nonpublic school students residing26
within the geographic boundaries of the Southeast Baton Rouge Community27
School System who qualified to receive such services prior to June thirtieth28
immediately following the effective date of this Act.29 SB NO. 199
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I. The East Baton Rouge Parish School System and any taxing district1
created by the East Baton Rouge Parish School System shall be the recipient of2
all sales and use taxes levied for school purposes collected within the geographic3
boundaries of the Southeast Baton Rouge Community School System and4
remitted by the tax collector through June thirtieth immediately following the5
effective date of this Act. Beginning on July first immediately following the6
effective date of this Act, the sales and use tax collector shall remit all sales and7
use taxes levied for school purposes collected within the geographic boundaries8
of the Southeast Baton Rouge Community School System, including delinquent9
payments, to the Southeast Baton Rouge Community School System.10
J. The East Baton Rouge Parish School System shall receive all ad11
valorem and property taxes levied for school purposes collected within the12
geographic boundaries of the Southeast Baton Rouge Community School13
System collected and remitted by the tax collector through June thirtieth14
immediately following the effective date of this Act. Beginning on July first15
immediately following the effective date of this Act, the tax collector shall remit16
all ad valorem and property taxes levied for school purposes collected within the17
geographic boundaries of the Southeast Baton Rouge Community School18
System, including delinquent payments, to the Southeast Baton Rouge19
Community School System.20
K. For every application made by the East Baton Rouge Parish School21
System for funding for the school year immediately following the effective date22
of this Act, which has a due date on or before August fifteenth immediately23
following the effective date of this Act, the East Baton Rouge Parish School24
System shall disaggregate the data for the Southeast Baton Rouge Community25
School System and shall submit two applications, one for the East Baton Rouge26
Parish School System and one for the Southeast Baton Rouge Community27
School System.28
L. Consistent with Article VIII of the Louisiana Constitution of 1974,29 SB NO. 199
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relevant to equal educational opportunities, no state monies shall be used to1
discriminate or to have the effect of discriminating and failing to provide an2
equal educational opportunity for all students.3
§67.1. Southeast Baton Rouge Community School System; interim school board4
A. Notwithstanding any provision of law to the contrary, upon the5
appointment of the members thereof as provided in Subsection C of this Section,6
there shall be and there is hereby created an interim school board for the7
Southeast Baton Rouge Community School System which shall continue in8
existence until the taking of office of the initial elected members of the Southeast9
Baton Rouge Community School Board as provided by R.S. 17:67.10
B.(1) The interim school board shall be composed of seven members11
appointed at large as provided in Subsection C of this Section. An interim12
school board member shall have attained the age of eighteen, be an elector, have13
resided in the state for the two years preceding appointment, have been14
domiciled within the geographic boundaries of the school system for at least one15
year preceding appointment, meet the qualifications provided in R.S. 17:52(D),16
and reside within the geographic boundaries of the school system.17
(2) Membership on the interim school board shall not disqualify an18
otherwise eligible person from qualifying as a candidate for election as a19
member of the Southeast Baton Rouge Community School Board.20
C.(1) All members of the interim school board shall be appointed by the21
governor within thirty days after the effective date of this Section and shall22
serve until the taking of office of the initial members of the Southeast Baton23
Rouge Community School Board elected as provided in R.S. 17:67.24
(2) Members appointed by the governor shall be from a list of nominees25
provided as follows:26
(a) The members of the Louisiana Senate elected from district numbers27
six and sixteen shall each nominate three persons meeting the qualifications for28
office for each position to be appointed by the governor.29 SB NO. 199
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(b) The members of the Louisiana House of Representatives elected1
from district numbers sixty-five, sixty-six, sixty-eight, and sixty-nine shall each2
nominate two persons meeting the qualifications for office for each position to3
be appointed by the governor.4
(3) A vacancy on the interim school board shall be filled in the same5
manner as the original appointment.6
D.(1) The interim school board shall constitute a body corporate in law.7
(2) The organization of the interim school board as well as the board's8
powers, duties, functions, and responsibilities shall be as provided by law9
generally for city, parish, and other local public school boards.10
(3) Members of the interim school board shall serve without11
compensation.12
E. The interim school board shall adopt rules, regulations, and13
procedures consistent with law to effectuate this Section and to administer the14
duties, functions, and responsibilities of the interim board.15
F. The provisions of R.S. 42:11 through 28, relative to open meetings,16
and the provisions of Chapter 1 of Title 44 of the Louisiana Revised Statutes of17
1950, relative to public records, shall be applicable to the interim school board18
and its members.19
G. All authority granted to the interim school board by this Section shall20
expire upon the taking of office of the initial members of the Southeast Baton21
Rouge Community School Board elected as provided by R.S. 17:67(C).22
However, the elected school board may take formal action to continue the23
interim school board as an advisory body on matters previously under the24
jurisdiction of the interim board.25
H. The East Baton Rouge Parish School Board shall:26
(1) Work cooperatively and collaboratively with the interim school27
board and the Southeast Baton Rouge Community School Board to effect the28
transfer of the students, buildings and other facilities, property, instructional29 SB NO. 199
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materials, buses, and all other assets related to the schools located within the1
geographic boundaries of the Southeast Baton Rouge Community School2
System in an efficient and expeditious manner.3
(2) Provide the interim school board for the Southeast Baton Rouge4
Community School System with immediate and complete access to:5
(a) All school buildings and facilities associated with the schools located6
within the geographic boundaries of the Southeast Baton Rouge Community7
School System. Such access shall include making the school buildings and8
facilities to be transferred available, free of charge, to the interim and elected9
school boards for the Southeast Baton Rouge Community School System for10
purposes of conducting board and community meetings and other functions and11
activities related to the operation of the Southeast Baton Rouge Community12
School System.13
(b) All student records and any other student-related files associated14
with students enrolled in the schools to be transferred to the Southeast Baton15
Rouge Community School System.16
(c) All financial records associated with the schools to be transferred to17
the Southeast Baton Rouge Community School System, including those related18
to building maintenance, taxes, insurance, and indebtedness.19
I. The East Baton Rouge Parish School Board shall not:20
(1) Interfere, or impede in any way, with the processes to transfer the21
students, buildings and other facilities, property, instructional materials and22
equipment, buses, and all other assets related to the schools located within the23
geographical boundaries of the Southeast Baton Rouge Community School24
System to the Southeast Baton Rouge Community School Board.25
(2) Sell, transfer, or otherwise remove any asset or thing of value,26
movable or immovable, corporeal or incorporeal, attributable to the schools to27
be transferred to the Southeast Baton Rouge Community School System prior28
to such transfer.29 SB NO. 199
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(3) Incur, transfer, or assign any debt or other responsibility or1
obligation to schools to be transferred to the Southeast Baton Rouge2
Community School System that is not properly attributable to such schools.3
§67.2. Redistribution of minimum foundation program to other school systems4
To ensure that the creation of the Southeast Baton Rouge Community5
School District does not have a negative impact on the minimum foundation6
program allocation to school systems, beginning in the fiscal year immediately7
following the effective date of this Act and continuing for the next four fiscal8
years, the State Board of Elementary and Secondary Education shall identify9
the districts in parishes other than East Baton Rouge on which the creation of10
the Southeast Baton Rouge Community School System causes a negative impact11
and determine the amount of the negative impact on the minimum foundation12
per pupil allocation. The State Board of Elementary and Secondary Education13
shall withhold the total of the amounts of the negative impact on all districts in14
parishes other than East Baton Rouge from the total minimum foundation15
program allocation to the Southeast Baton Rouge Community School District16
and transfer those funds on a per pupil basis to such districts.17
§67.2.1. Unfunded accrued liability; payment18
In the event that the establishment of the Southeast Baton Rouge19
Community School District results in the elimination of one or more positions20
of current members of the Louisiana School Employees' Retirement System21
through privatizing, outsourcing, contracting the service with a private22
employer, or any other means, the Southeast Baton Rouge Community School23
District shall remit that portion of the unfunded accrued liability attributable24
to that position or positions pursuant to R.S. 11:1195.2.25
§67.3. Benefits of reemployed retirees and Legacy Benefit Trust Fund for26
Retirees of East Baton Rouge Parish School System27
A. The East Baton Rouge Parish School System shall annually provide28
to the Southeast Baton Rouge Community School System an itemization of all29 SB NO. 199
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postemployment benefits to be paid by the East Baton Rouge Parish School1
Board for the benefit of every individual hired by the Southeast Baton Rouge2
Community School System as a full-time employee. The Southeast Baton Rouge3
Community School System shall reimburse East Baton Rouge Parish School4
System at least quarterly for all post employment benefits for any employee5
hired by Southeast Baton Rouge Community School System as a full-time6
employee until all post employment benefits to which said individual is entitled7
have been paid.8
B.(1) A trust to be known as the "Legacy Benefit Trust for Retirees of9
the East Baton Rouge Parish School System" shall be established pursuant to10
R.S. 17:1224. Within twelve months of beginning operation, the Southeast Baton11
Rouge Community School System shall deposit into the trust an initial sum12
calculated using the per pupil formula used to calculate the amount of funds13
received by the East Baton Rouge Parish School Board from the State Board of14
Elementary and Secondary Education on behalf of the East Baton Rouge parish15
schools placed under the jurisdiction of the Recovery School District.16
Thereafter, on or before July first of each succeeding year, the Southeast Baton17
Rouge Community School District shall deposit into the trust an amount18
calculated using the per pupil formula used to calculate the amount of funds19
received by the East Baton Rouge Parish School Board from the State Board of20
Elementary and Secondary Education on behalf of the East Baton Rouge parish21
schools placed under the jurisdiction of the Recovery School District.22
(2)(a) In the event the State Board of Elementary and Secondary23
Education does not implement a per pupil formula to calculate the amount of24
funds to be received by the East Baton Rouge Parish School Board on behalf of25
the East Baton Rouge Parish schools placed under the jurisdiction of the26
Recovery School District as provided in Paragraph (1) of this Subsection in a27
timely manner, a committee composed of the state superintendent of education,28
the superintendent of the East Baton Rouge Parish School System, and the29 SB NO. 199
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superintendent of the Southeast Baton Rouge Community School System, or1
their respective designees, shall determine the per pupil amount to be used as2
the basis for determining the amounts to be deposited into the trust as provided3
in this Section. The committee may consult with or utilize such financial or4
actuarial experts as deemed necessary.5
(b) The initial sum to be deposited into the trust pursuant to Paragraph6
(1) of this Subsection shall be equal to the total number of students enrolled in7
the East Baton Rouge Parish School System on the effective date of this Section8
who subsequently enroll in the Southeast Baton Rouge Community School9
System, multiplied by the per pupil amount developed pursuant to this10
Paragraph. The amount of subsequent deposits shall be determined utilizing11
the initial student enrollment data and the per pupil formula applicable to the12
employees who retired prior to the effective date of this Section.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 Educational Facilities Improvement District shall provide to the25
Southeast 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
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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 Parish6
Educational Facilities Improvement District an amount equal to the percentage7
of the debt service paid in the preceding fiscal year attributable to the8
construction completed within the boundaries of the Southeast Baton Rouge9
Community School District. The reimbursement shall be made to East Baton10
Rouge Parish Educational Facilities Improvement District within thirty days of11
receipt by the Southeast Baton Rouge Community School District of12
confirmation of payment of the debt service attributable to construction13
completed within the boundaries of the Southeast Baton Rouge Community14
School System.15
Section 2. Any high school student residing within the geographic boundaries of the16
Southeast Baton Rouge Community School System or the East Baton Rouge Parish School17
System may elect to remain enrolled in the high school he was attending on the effective18
date of this Act, until such time as the student graduates from high school. Such student19
shall be included in the membership count for the school system in which he is enrolled for20
all purposes, including state funding through the Minimum Foundation Program formula.21
Section 3. This Act shall take effect and become operative if and when a proposed22
amendment to Article VIII, Section 13(D) of the Constitution of Louisiana is adopted at a23
statewide election and which amendment authorizes the Southeast Baton Rouge Community24
School System, as created in this Act or authorizes the creation of school districts by25
legislative act, as a system to be regarded and treated as a parish and have the authority26
granted to a parish school system as provided in Article VIII, Section 13 of the Constitution27
of Louisiana.28 SB NO. 199
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The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Ann S. Brown.
DIGEST
White (SB 199)
Proposed law provides for the establishment of the Southeast Baton Rouge (SEBR)
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. SB NO. 199
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17:52(E)) provides qualifications relative to age, residency, and domicile.
(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 first
immediately following the effective date of this Act.
(7)Provides that the interim school board shall begin such actual operation July first
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. SB NO. 199
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(10)Requires the EBR Parish School System to provide extended school year services,
through August 31
st
following the effective date, to public and nonpublic 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
first 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 first 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 SB NO. 199
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persons and for the representatives from districts 65, 66, 68, and 69 to each nominate
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. SB NO. 199
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(b)Sell, transfer, or otherwise remove any asset or thing of value, movable or
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. 17:67.2.1):
Provides that if the establishment of the Southeast Baton Rouge Community School District
results in the elimination of one or more positions within the Louisiana School Employees'
Retirement System for specific reasons, the SEBR Community School System shall remit
funds for that portion of the unfunded accrued liability to the retirement system.
Proposed law (R.S. 17:67.3):
(A)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.
(B)(1) 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 first 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.
(2)(a) Requires a three member committee composed of certain educational
superintendents to determine a per pupil amount to be used as the basis for
determining the amount of funds to be deposited into the Legacy Benefits Trust if the
State Board of Elementary and Secondary Education fails to determine a per pupil
formula timely.
(b) Requires that the initial sum to be deposited into the trust shall be equal to the SB NO. 199
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total number of students enrolled in the EBR Parish School System (on the effective
date of this Act) who subsequently enroll in the SEBR Community School System,
multiplied by the per pupil amount. The amount of subsequent deposits shall be
determined utilizing the initial student enrollment data and the per pupil formula
applicable to the employees who retired prior to the effective date of this Act.
(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 Educational 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.
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, 67.2, 67.2.1, 67.3, and 67.4)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Provides that the SEBR Community School District shall remit that portion
of the unfunded accrued liability in the Louisiana School Employees'
Retirement System resulting from its' establishment.
2. Provides that the student enrollment data multiplied by the per pupil formula
shall determine the sum of funds to be deposited into the Legacy Benefit
Trust for Retirees of the EBR Parish School System.
3. Corrects the name of the East Baton Rouge Parish Educational Facilities
Improvement District.
4. Makes technical changes.