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Regular Session, 2013 ENROLLED
SENATE BILL NO. 199
BY SENATOR WHITE
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
§58.2. East Baton Rouge Parish School Board; reapportionment; election districts;18
terms19
* * *20
I.(1) In addition to any other requirements in this Section, in the event21
the Southeast Baton Rouge Community School Board begins the actual22
operation of educating students within its jurisdiction as a separate school23
system in accordance with R.S. 17:67, the East Baton Rouge Parish School24
Board shall develop a plan to divide the parish, excluding the geographic area25
within the boundaries of the Southeast Baton Rouge Community School System,26
ACT No. 295 SB NO. 199 ENROLLED
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into single-member districts from each of which one member of such board1
shall be elected. Such districts shall be drawn with as equal population as2
possible, using population figures from the most recent federal decennial census.3
(2) Prior to the final adoption of such plan, the East Baton Rouge Parish4
School Board shall order a public hearing on the proposed plan and shall cause5
to be published in its official journal, at least twenty days prior to the date of6
such hearing, the time and place thereof, a general summary and map of the7
proposed plan, and the times and places where copies of the proposed plan are8
available for public inspection.9
(3) Notwithstanding any law to the contrary, each elected member of the10
East Baton Rouge Parish School Board holding office on the date the Southeast11
Baton Rouge Community School Board begins the actual operation of educating12
students within its jurisdiction as a separate school system shall serve the13
remainder of the term of office for which he was elected. If a vacancy occurs14
during his term of office, it shall be filled in accordance with law from districts15
in effect at the time the office is filled.16
(4) At the next date on which a regular election for members of the East17
Baton Rouge Parish School Board would be held following the date the18
Southeast Baton Rouge Community School Board begins the actual operation19
of educating students within its jurisdiction as a separate school system, the20
members of the East Baton Rouge Parish School Board shall be elected from21
single-member districts adopted in accordance with this Subsection. The22
members so elected and their successors in office shall serve four-year23
concurrent terms. Thereafter, the East Baton Rouge Parish School Board shall24
be reapportioned as otherwise provided by law.25
* * *26
§67. Southeast Baton Rouge Community School Board and school system;27
creation; membership; qualifications; apportionment; election;28
powers, duties, and functions; system operation29
A.(1) Notwithstanding any provision of law to the contrary, upon the30 SB NO. 199 ENROLLED
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appointment of members of the interim school board as provided in R.S.1
17:67.1, there shall be established a separate school system and school board for2
the Southeast Baton Rouge community in East Baton Rouge Parish. The school3
board shall be designated the Southeast Baton Rouge Community School Board.4
The board shall be composed of nine members, one from each of the single-5
member districts provided for in Subsection B of this Section, who shall be6
electors and shall meet the qualifications for office provided in R.S. 17:52(D)7
and (E).8
(2) The geographic boundaries of the school system shall be as follows:9
Commence at a point where the centerlines of Interstate 10 and Interstate 1210
intersect; thence proceed in an easterly direction along the centerline of11
Interstate 12 to its intersection with the Amite River; thence proceed in a12
southerly direction along the centerline of the Amite River to its intersection13
with Bayou Manchac; thence proceed in a westerly direction along the14
centerline of Bayou Manchac to its intersection with Interstate 10; thence15
proceed in a northwesterly direction along the centerline of Interstate 10 to the16
point of beginning.17
B.(1) The interim school board shall, within one hundred eighty days of18
appointment, develop and adopt a plan to divide the geographic area19
encompassed by the Southeast Baton Rouge Community School System into20
nine single-member districts, from each of which one member of the Southeast21
Baton Rouge Community School Board shall be elected. The districts shall be22
drawn in such a manner that each member of the Southeast Baton Rouge23
Community School Board represents as nearly as possible the same number of24
persons, using population figures from the latest federal decennial census.25
(2) Prior to the final adoption of the apportionment plan required by26
Paragraph (1) of this Subsection, the interim school board shall order a public27
hearing on the proposed plan and shall cause to be published in its official28
journal, at least twenty days prior to the date of such hearing, the time and29
place thereof, a general summary and map of the proposed plan, and the times30 SB NO. 199 ENROLLED
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and places where copies of the proposed plan are available for public inspection.1
C. The initial members of the Southeast Baton Rouge Community2
School Board shall be elected at the time and place provided by law generally3
for parish school board members occurring at least one year following4
appointment and shall take office as otherwise generally provided by law for5
parish school board members. Board members and their successors in office6
shall serve for four-year concurrent terms.7
D. Vacancies on the board shall be filled as generally provided by law8
for parish school boards.9
E.(1) The organization of the Southeast Baton Rouge Community School10
Board as well as the board's powers, duties, functions, and responsibilities shall11
be as generally provided by law for local public school boards. Compensation12
for board members and reimbursement for expenses shall be as generally13
provided by law for city, parish, and other local public school board members.14
(2) The Southeast Baton Rouge Community School Board shall adopt15
rules, regulations, and procedures consistent with law to effectuate this Section16
and to administer the duties, functions, and responsibilities of the board.17
F. The Southeast Baton Rouge Community School Board shall begin18
actual operation of providing for the education of students within its19
jurisdiction on July first immediately following the effective date of this Act.20
Beginning on July first immediately following the effective date of this Act and21
thereafter, notwithstanding any provision of law or rule or regulation to the22
contrary and pursuant to the duty and responsibility placed with the legislature23
by Article VIII, Section 1 of the Constitution of Louisiana to establish and24
maintain a public educational system and the authority granted the legislature25
by Article VIII, Section 10(A) of the Constitution of Louisiana to enact laws26
affecting parish school board systems in existence on the effective date of the27
constitution, all lands, buildings, improvements, facilities, and other property28
having title vested in the public and subject to management, administration,29
and control by the East Baton Rouge Parish School Board for public education30 SB NO. 199 ENROLLED
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purposes located within the geographic boundaries of the Southeast Baton1
Rouge Community School System or used to provide student transportation2
services to such facilities, or both, shall be transferred to, managed,3
administered, and controlled by the Southeast Baton Rouge Community School4
Board.5
G. The East Baton Rouge Parish School System shall transfer ownership6
of at least fifty school buses, each with at least sixty-passenger capacity that are7
of equal quality, age, and condition to the fleet owned and operated by the East8
Baton Rouge Parish School System to the Southeast Baton Rouge Community9
School System, including a sufficient number of handicapped-accessible buses10
to be used to transport the students needing special transportation services.11
H. The East Baton Rouge Parish School System shall provide extended12
school year services, through August thirty-first immediately following the13
effective date of this Act, to public and nonpublic school students residing14
within the geographic boundaries of the Southeast Baton Rouge Community15
School System who qualified to receive such services prior to June thirtieth16
immediately following the effective date of this Act.17
I. The East Baton Rouge Parish School System and any taxing district18
created by the East Baton Rouge Parish School System shall be the recipient of19
all sales and use taxes levied for school purposes collected within the geographic20
boundaries of the Southeast Baton Rouge Community School System and21
remitted by the tax collector through June thirtieth immediately following the22
effective date of this Act. Beginning on July first immediately following the23
effective date of this Act, the sales and use tax collector shall remit all sales and24
use taxes levied for school purposes collected within the geographic boundaries25
of the Southeast Baton Rouge Community School System, including delinquent26
payments, to the Southeast Baton Rouge Community School System.27
J. The East Baton Rouge Parish School System shall receive all ad28
valorem and property taxes levied for school purposes collected within the29
geographic boundaries of the Southeast Baton Rouge Community School30 SB NO. 199 ENROLLED
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System collected and remitted by the tax collector through June thirtieth1
immediately following the effective date of this Act. Beginning on July first2
immediately following the effective date of this Act, the tax collector shall remit3
all ad valorem and property taxes levied for school purposes collected within the4
geographic boundaries of the Southeast Baton Rouge Community School5
System, including delinquent payments, to the Southeast Baton Rouge6
Community School System.7
K. For every application made by the East Baton Rouge Parish School8
System for funding for the school year immediately following the effective date9
of this Act, which has a due date on or before August fifteenth immediately10
following the effective date of this Act, the East Baton Rouge Parish School11
System shall disaggregate the data for the Southeast Baton Rouge Community12
School System and shall submit two applications, one for the East Baton Rouge13
Parish School System and one for the Southeast Baton Rouge Community14
School System.15
L. Consistent with Article VIII of the Louisiana Constitution of 1974,16
relevant to equal educational opportunities, no state monies shall be used to17
discriminate or to have the effect of discriminating and failing to provide an18
equal educational opportunity for all students.19
§67.1. Southeast Baton Rouge Community School System; interim school board20
A. Notwithstanding any provision of law to the contrary, upon the21
appointment of the members thereof as provided in Subsection C of this Section,22
there shall be and there is hereby created an interim school board for the23
Southeast Baton Rouge Community School System which shall continue in24
existence until the taking of office of the initial elected members of the Southeast25
Baton Rouge Community School Board as provided by R.S. 17:67.26
B.(1) The interim school board shall be composed of seven members27
appointed at large as provided in Subsection C of this Section. An interim28
school board member shall have attained the age of eighteen, be an elector, have29
resided in the state for the two years preceding appointment, have been30 SB NO. 199 ENROLLED
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domiciled within the geographic boundaries of the school system for at least one1
year preceding appointment, meet the qualifications provided in R.S. 17:52(D),2
and reside within the geographic boundaries of the school system.3
(2) Membership on the interim school board shall not disqualify an4
otherwise eligible person from qualifying as a candidate for election as a5
member of the Southeast Baton Rouge Community School Board.6
C.(1) All members of the interim school board shall be appointed by the7
governor within thirty days after the effective date of this Section and shall8
serve until the taking of office of the initial members of the Southeast Baton9
Rouge Community School Board elected as provided in R.S. 17:67.10
(2) Members appointed by the governor shall be from a list of nominees11
provided as follows:12
(a) The members of the Louisiana Senate elected from district numbers13
six and sixteen shall each nominate three persons meeting the qualifications for14
office for each position to be appointed by the governor.15
(b) The members of the Louisiana House of Representatives elected16
from district numbers sixty-five, sixty-six, sixty-eight, and sixty-nine shall each17
nominate two persons meeting the qualifications for office for each position to18
be appointed by the governor.19
(3) A vacancy on the interim school board shall be filled in the same20
manner as the original appointment.21
D.(1) The interim school board shall constitute a body corporate in law.22
(2) The organization of the interim school board as well as the board's23
powers, duties, functions, and responsibilities shall be as provided by law24
generally for city, parish, and other local public school boards.25
(3) Members of the interim school board shall serve without26
compensation.27
E. The interim school board shall adopt rules, regulations, and28
procedures consistent with law to effectuate this Section and to administer the29
duties, functions, and responsibilities of the interim board.30 SB NO. 199 ENROLLED
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F. The provisions of R.S. 42:11 through 28, relative to open meetings,1
and the provisions of Chapter 1 of Title 44 of the Louisiana Revised Statutes of2
1950, relative to public records, shall be applicable to the interim school board3
and its members.4
G. All authority granted to the interim school board by this Section shall5
expire upon the taking of office of the initial members of the Southeast Baton6
Rouge Community School Board elected as provided by R.S. 17:67(C).7
However, the elected school board may take formal action to continue the8
interim school board as an advisory body on matters previously under the9
jurisdiction of the interim board.10
H. The East Baton Rouge Parish School Board shall:11
(1) Work cooperatively and collaboratively with the interim school12
board and the Southeast Baton Rouge Community School Board to effect the13
transfer of the students, buildings and other facilities, property, instructional14
materials, buses, and all other assets related to the schools located within the15
geographic boundaries of the Southeast Baton Rouge Community School16
System in an efficient and expeditious manner.17
(2) Provide the interim school board for the Southeast Baton Rouge18
Community School System with immediate and complete access to:19
(a) All school buildings and facilities associated with the schools located20
within the geographic boundaries of the Southeast Baton Rouge Community21
School System. Such access shall include making the school buildings and22
facilities to be transferred available, free of charge, to the interim and elected23
school boards for the Southeast Baton Rouge Community School System for24
purposes of conducting board and community meetings and other functions and25
activities related to the operation of the Southeast Baton Rouge Community26
School System.27
(b) All student records and any other student-related files associated28
with students enrolled in the schools to be transferred to the Southeast Baton29
Rouge Community School System.30 SB NO. 199 ENROLLED
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(c) All financial records associated with the schools to be transferred to1
the Southeast Baton Rouge Community School System, including those related2
to building maintenance, taxes, insurance, and indebtedness.3
I. The East Baton Rouge Parish School Board shall not:4
(1) Interfere, or impede in any way, with the processes to transfer the5
students, buildings and other facilities, property, instructional materials and6
equipment, buses, and all other assets related to the schools located within the7
geographical boundaries of the Southeast Baton Rouge Community School8
System to the Southeast Baton Rouge Community School Board.9
(2) Sell, transfer, or otherwise remove any asset or thing of value,10
movable or immovable, corporeal or incorporeal, attributable to the schools to11
be transferred to the Southeast Baton Rouge Community School System prior12
to such transfer.13
(3) Incur, transfer, or assign any debt or other responsibility or14
obligation to schools to be transferred to the Southeast Baton Rouge15
Community School System that is not properly attributable to such schools.16
§67.2. Redistribution of minimum foundation program to other school systems17
To ensure that the creation of the Southeast Baton Rouge Community18
School District does not have a negative impact on the minimum foundation19
program allocation to school systems, beginning in the fiscal year immediately20
following the effective date of this Act and continuing for the next four fiscal21
years, the State Board of Elementary and Secondary Education shall identify22
the districts in parishes other than East Baton Rouge on which the creation of23
the Southeast Baton Rouge Community School System causes a negative impact24
and determine the amount of the negative impact on the minimum foundation25
per pupil allocation. The State Board of Elementary and Secondary Education26
shall withhold the total of the amounts of the negative impact on all districts in27
parishes other than East Baton Rouge from the total minimum foundation28
program allocation to the Southeast Baton Rouge Community School District29
and transfer those funds on a per pupil basis to such districts.30 SB NO. 199 ENROLLED
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§67.2.1. Unfunded accrued liability; payment1
In the event that the establishment of the Southeast Baton Rouge2
Community School District results in the elimination of one or more positions3
of current members of the Louisiana School Employees' Retirement System4
through privatizing, outsourcing, contracting the service with a private5
employer, or any other means, the Southeast Baton Rouge Community School6
District shall remit that portion of the unfunded accrued liability attributable7
to that position or positions pursuant to R.S. 11:1195.2.8
§67.3. Benefits of reemployed retirees and Legacy Benefit Trust Fund for9
Retirees of East Baton Rouge Parish School System10
A. The East Baton Rouge Parish School System shall annually provide11
to the Southeast Baton Rouge Community School System an itemization of all12
postemployment benefits to be paid by the East Baton Rouge Parish School13
Board for the benefit of every individual hired by the Southeast Baton Rouge14
Community School System as a full-time employee. The Southeast Baton Rouge15
Community School System shall reimburse East Baton Rouge Parish School16
System at least quarterly for all post employment benefits for any employee17
hired by Southeast Baton Rouge Community School System as a full-time18
employee until all post employment benefits to which said individual is entitled19
have been paid.20
B.(1) A trust to be known as the "Legacy Benefit Trust for Retirees of21
the East Baton Rouge Parish School System" shall be established pursuant to22
R.S. 17:1224. Within twelve months of beginning operation, the Southeast Baton23
Rouge Community School System shall deposit into the trust an initial sum24
calculated using the per pupil formula used to calculate the amount of funds25
received by the East Baton Rouge Parish School Board from the State Board of26
Elementary and Secondary Education on behalf of the East Baton Rouge parish27
schools placed under the jurisdiction of the Recovery School District.28
Thereafter, on or before July first of each succeeding year, the Southeast Baton29
Rouge Community School District shall deposit into the trust an amount30 SB NO. 199 ENROLLED
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calculated using the per pupil formula used to calculate the amount of funds1
received by the East Baton Rouge Parish School Board from the State Board of2
Elementary and Secondary Education on behalf of the East Baton Rouge parish3
schools placed under the jurisdiction of the Recovery School District.4
(2)(a) In the event the State Board of Elementary and Secondary5
Education does not implement a per pupil formula to calculate the amount of6
funds to be received by the East Baton Rouge Parish School Board on behalf of7
the East Baton Rouge Parish schools placed under the jurisdiction of the8
Recovery School District as provided in Paragraph (1) of this Subsection in a9
timely manner, a committee composed of the state superintendent of education,10
the superintendent of the East Baton Rouge Parish School System, and the11
superintendent of the Southeast Baton Rouge Community School System, or12
their respective designees, shall determine the per pupil amount to be used as13
the basis for determining the amounts to be deposited into the trust as provided14
in this Section. The committee may consult with or utilize such financial or15
actuarial experts as deemed necessary.16
(b) The initial sum to be deposited into the trust pursuant to Paragraph17
(1) of this Subsection shall be equal to the total number of students enrolled in18
the East Baton Rouge Parish School System on the effective date of this Section19
who subsequently enroll in the Southeast Baton Rouge Community School20
System, multiplied by the per pupil amount developed pursuant to this21
Paragraph. The amount of subsequent deposits shall be determined utilizing22
the initial student enrollment data and the per pupil formula applicable to the23
employees who retired prior to the effective date of this Section.24
C. In the event it is determined by an actuarial study that the funds on25
deposit in the Legacy Benefit Trust for Retirees of the East Baton Rouge Parish26
School System are sufficient to pay the costs of the legacy benefits due to a27
proportionate share of individuals who retired from the East Baton Rouge28
Parish School System prior to the effective date of this Act, Southeast Baton29
Rouge Community School System shall not be required to make any additional30 SB NO. 199 ENROLLED
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payments to the Legacy Benefit Trust for Retirees of the East Baton Rouge1
Parish School System.2
§67.4. Payments to East Baton Rouge Parish Educational Facilities3
Improvement District4
A. Within thirty days of the effective date of this Act, the East Baton5
Rouge Parish Educational Facilities Improvement District shall provide to the6
Southeast Baton Rouge Community School Board a schedule of values for any7
construction completed within the boundaries of the Southeast Baton Rouge8
Community School System with the proceeds of Qualified School Construction9
Bonds issued prior to the effective date of this Act, an accounting of payments10
made and to be made through the effective date of this Act, on said bonds, and11
a payment schedule showing the unpaid principal and interest due for said12
projects.13
B. Beginning on July first of the year following actual operation of the14
Southeast Baton Rouge Community School System, the Southeast Baton Rouge15
Community School System shall reimburse East Baton Rouge Parish16
Educational Facilities Improvement District an amount equal to the percentage17
of the debt service paid in the preceding fiscal year attributable to the18
construction completed within the boundaries of the Southeast Baton Rouge19
Community School District. The reimbursement shall be made to East Baton20
Rouge Parish Educational Facilities Improvement District within thirty days of21
receipt by the Southeast Baton Rouge Community School District of22
confirmation of payment of the debt service attributable to construction23
completed within the boundaries of the Southeast Baton Rouge Community24
School System.25
Section 2. Any high school student residing within the geographic boundaries of the26
Southeast Baton Rouge Community School System or the East Baton Rouge Parish School27
System may elect to remain enrolled in the high school he was attending on the effective28
date of this Act, until such time as the student graduates from high school. Such student29
shall be included in the membership count for the school system in which he is enrolled for30 SB NO. 199 ENROLLED
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all purposes, including state funding through the Minimum Foundation Program formula.1
Section 3. This Act shall take effect and become operative if and when a proposed2
amendment to Article VIII, Section 13(D) of the Constitution of Louisiana is adopted at a3
statewide election and which amendment authorizes the Southeast Baton Rouge Community4
School System, as created in this Act or authorizes the creation of school districts by5
legislative act, as a system to be regarded and treated as a parish and have the authority6
granted to a parish school system as provided in Article VIII, Section 13 of the Constitution7
of Louisiana.8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: