White (SB 199) Act No. 295
New 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.
New 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 new 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.
New 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 prior 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 new 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
new 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 Constitution of Louisiana, 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.
New 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 new 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 each 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 new 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 new 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.
New law (R.S. 17:67.2):
Requires that the creation of the SEBR 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, BESE shall identify the districts in parishes other than East Baton Rouge
on which the creation of the SEBR Community School System causes a negative impact and
determine the amount of the negative impact on the minimum foundation per pupil
allocation. Requires that BESE 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 SEBR Community School District and transfer those funds on a
per pupil basis to such districts.
New law (R.S. 17:67.2.1):
Provides that if the establishment of the SEBR Community School District results in the
elimination of one or more positions within the Louisiana School Employe es' 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.
New 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 BESE 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.
New 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.
New 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 67.1-67.4)