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Regular Session, 2013
SENATE BILL NO. 206
BY SENATOR LAFLEUR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS. Provides for empowered community schools. (7/1/13)
AN ACT1
To enact Chapter 45 of Title 17 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 17:4051 through 4057, relative to empowered community schools; to provide3
for the designation of such schools; to provide for the authority of principals of such4
schools; to provide for the applicability of school board policies; to provide for5
funding, reports, and audits; to provide for the liability of school boards; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Chapter 45 of Title 17 of the Louisiana Revised Statutes of 1950,9
comprised of R.S. 17:4051 through 4057, is hereby enacted to read as follows:10
CHAPTER 45. EMPOWERED COMMUNITY SCHOOLS ACT11
§4051. Title12
This Chapter shall be known as the "Empowered Community Schools13
Act".14
§4052. Legislative findings15
The legislature hereby finds and declares that:16
(1) Public elementary and secondary schools throughout the state have17 SB NO. 206
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diverse needs according to student population, geography, human and financial1
resources, and local economic conditions that require local strategies to meet the2
needs of students.3
(2) In order to prepare all Louisiana students for college or a sustainable4
career, those closest to students, especially parents and educators, who know5
and serve their needs first-hand, must be afforded the ability to make decisions6
to support their academic and developmental growth.7
(3) Capable school leaders, when empowered to make decisions to8
effectively lead their schools, can bring about significant growth in student9
achievement through the thoughtful management of human and financial10
resources.11
(4) Superintendents annually evaluate the effectiveness of principals12
based on a rigorous combination of on-the-job observation and progress in13
student achievement.14
§4053. Empowered community school; declaration; designation15
A. Beginning with the 2013-2014 fiscal year, any public elementary or16
secondary school principal who meets the standard of effectiveness set forth by17
the State Board of Elementary and Secondary Education, hereinafter referred18
to as "state board", as determined by his superintendent, may declare his school19
an empowered community school for the following school year, beginning with20
the 2014-2015 school year, and receive school-level decision-making authority21
to meet the unique needs of the school and its students. Designation as an22
empowered community school shall confer upon the school principal the23
authority to manage instructional, personnel, and financial decisions as24
provided for in this Chapter.25
B. Designation as an empowered community school shall remain in26
effect as long as the principal retains an effective rating pursuant to standards27
adopted by the state board or until the principal voluntarily reverses the28
empowered community school designation.29 SB NO. 206
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C. Designation as an empowered community school shall remain in1
effect if the school's principal is replaced by another principal whose most2
recent evaluation rating is effective and who retains an effective rating pursuant3
to standards adopted by the state board.4
D. Beginning with the 2014-2015 fiscal year, any superintendent of a5
city, parish, or other local public school system may designate an elementary or6
secondary school in the system an empowered community school. Designation7
as an empowered community school shall remain in effect for a period of time8
determined by the superintendent.9
§4054. Principals of empowered community schools; authority; limitations10
A. Principals of empowered community schools shall be given the sole11
authority to:12
(1) Design and implement an instructional plan tailored to the needs of13
the school, its students, and its faculty, including daily schedule, school14
calendar, instructional time, professional development, and curriculum, texts15
and other instructional resources.16
(2) Hire and evaluate personnel, assign personnel within the school, and17
dismiss personnel from the school, per applicable state law.18
(3) Establish a budget for school-based expenditures using the following19
funds:20
(a) A percentage of the Minimum Foundation Program formula per21
pupil amount, including any weighted amounts generated by the student22
population attending the empowered community school, as determined by the23
state board.24
(b) All federal and other state funds received at a rate or formula25
equivalent to the rate or formula by which the district distributes such funds26
to all schools, pursuant to applicable regulations.27
(4) Plan all expenditures associated with the daily operations of the28
school, other than costs associated with personnel retirement, capital29 SB NO. 206
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infrastructure, employee benefits, and district debt service.1
(5) Contract with the city, parish, or other local public school board to2
provide any other support services.3
(6) Enter into any contract to support the school's operating needs.4
(7) Participate in any program or pilot program offered through the5
state board or the Department of Education.6
(8) Apply for publicly or privately sponsored grants on behalf of the7
school.8
(9) Offer specialized instructional programs to meet local needs.9
(10) Receive other flexibilities and waivers from state board regulations10
as determined by the state board.11
B. Any action taken by the principal of an empowered community12
school must be in accordance with any court ordered desegregation plan in13
effect which applies to the school.14
§4055. City, parish, or other local public school system policies; funding;15
liability16
A. Empowered community schools shall abide by any city, parish or17
local school board policies with regard to grade configuration and services to18
students with exceptionalities.19
B. A city, parish, or other local public school system having empowered20
community schools shall retain a percentage of the Minimum Foundation21
Program formula, federal, and other state funds attributable to each22
empowered community school in order to address the capital needs of the23
empowered community school, retirement and other legacy costs associated24
with the empowered community school, and administrative overhead expenses25
associated with the empowered community school as determined by the state26
board.27
C. No person shall have a cause of action against any school district or28
school board arising from a contract entered into with the principal of an29 SB NO. 206
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empowered community school.1
§4056. Reports2
A superintendent of a district with empowered community schools may3
request and must be provided by the principal progress reports related to4
academic progress and school finances at intervals determined by the5
superintendent.6
§4057. Audits7
The financial practices of the empowered community school shall be8
specifically included in the independent audit of the city, parish, or other local9
public school system.10
Section 2. This Act shall become effective on July 1, 2013.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Proposed law provides for the "Empowered Community Schools Act".
Provides the following legislative findings:
(1)Public elementary and secondary schools throughout the state have diverse needs
according to student population, geography, human and financial resources, and local
economic conditions, that require local strategies to meet the needs of students.
(2)In order to prepare all Louisiana students for college or a sustainable career, those
closest to students, especially parents and educators, who know and serve their needs
first-hand, must be afforded the ability to make decisions to support their academic
and developmental growth.
(3)Capable school leaders, when empowered to make decisions to effectively lead their
schools, can bring about significant growth in student achievement through the
thoughtful management of human and financial resources.
(4) Superintendents annually evaluate effectiveness of principals based on a rigorous
combination of on-the-job observation and progress in student achievement.
Provides that beginning with the 2013-2014 fiscal year, any public elementary or secondary
school principal who meets the BESE standard of effectiveness, as determined by his
superintendent, may declare his school an empowered community school for the following
school year, beginning with the 2014-2015 school year, and receive school-level
decision-making authority to meet the unique needs of the school and its students.
Designation as an empowered community school shall confer upon the school principal the
authority to manage instructional, personnel, and financial decisions as provided for in
proposed law.
Provides that designation as an empowered community school shall remain in effect as long SB NO. 206
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as the principal retains an effective rating pursuant to BESE standards or until the principal
voluntarily reverses the empowered community school designation.
Provides that designation as an empowered community school shall remain in effect if the
school's principal is replaced by another principal whose most recent evaluation rating is
effective and who retains an effective rating pursuant to BESE standards.
Provides that beginning with the 2014-2015 fiscal year, any superintendent of a city, parish,
or local public school system may designate an elementary or secondary school in the system
an empowered community school. Designation as an empowered community school shall
remain in effect for a period of time determined by the superintendent.
Provides that principals of empowered community schools shall be given the sole authority
to:
(1)Design and implement an instructional plan tailored to the needs of the school, its
students, and its faculty, including daily schedule, school calendar, instructional
time, professional development, and curriculum, texts and other instructional
resources.
(2)Hire and evaluate personnel, assign personnel within the school, and dismiss
personnel from the school, per applicable state laws.
(3)Establish a budget for school-based expenditures using the following funds:
(a)A percentage of the Minimum Foundation Program formula per pupil
amount, including any weighted amounts generated by the student population
attending the empowered community school, as determined by BESE.
(b)All federal and other state funds received at a rate or formula equivalent to
the rate or formula by which the district distributes such funds to all schools,
pursuant to applicable regulations.
(4)Plan all expenditures associated with the daily operations of the school, other than
costs associated with personnel retirement, capital infrastructure, employee benefits,
and district debt service.
(5)Contract with the city, parish, or other local public school board to provide any other
support services.
(6)Enter into any contracts to support the school's operating needs.
(7)Participate in any program or pilot program offered through BESE or the Department
of Education.
(8)Apply for publicly or privately sponsored grants on behalf of the school.
(9)Offer specialized instructional programs to meet local needs.
(10)Receive other flexibilities and waivers from BESE regulations as determined by
BESE.
Requires that any action taken by the principal of an empowered community school be in
accordance with any court ordered desegregation plan in effect which applies to the school.
Requires that empowered community schools abide by any city, parish or local public school
board policies with regard to grade configuration and services to students with
exceptionalities. SB NO. 206
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words in boldface type and underscored are additions.
Requires that city, parish, and other local public school systems having empowered
community schools retain a percentage of the MFP formula, federal, and other state funds
attributable to each empowered community school in order to address the capital needs of
the empowered community school, retirement and other legacy costs associated with the
empowered community school, and administrative overhead expenses associated with the
empowered community school as determined by BESE.
Provides that no person shall have a cause of action against any school district or school
board arising from a contract entered into with the principal of an empowered community
school.
Provides that superintendents of districts with empowered community schools may request
and must be provided progress reports by the principals related to academic progress and
school finances at intervals determined by the superintendent.
Provides that the financial practices of the empowered community school must be
specifically included in the independent audit of the city, parish, or other local public school
system.
Effective on July 1, 2013.
(Adds R.S. 17:4501- 4507)