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. 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.
(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 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. (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 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.