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Regular Session, 2013
SENATE BILL NO. 206
BY SENATORS LAFLEUR AND GUILLORY
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 know and5
serve their needs firsthand, must be afforded the ability to make decisions to6
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 is rated "highly effective" pursuant to the17
performance evaluation program established by the State Board of Elementary18
and Secondary Education, hereinafter referred to as the "state board", in19
accordance with R.S. 17:3881 through 3905, may declare his school an20
empowered community school for the following school year, beginning with the21
2014-2015 school year, and receive school-level decision-making authority to22
meet the unique needs of the school and its students. Designation as an23
empowered community school shall confer upon the school principal the24
authority to manage instructional, personnel, and financial decisions as25
provided for in this Chapter.26
B. Designation as an empowered community school shall remain in27
effect as long as the principal retains a rating of "highly effective" pursuant to28
standards adopted by the state board or until the principal voluntarily reverses29 SB NO. 206
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the empowered community school designation.1
C. Designation as an empowered community school shall remain in2
effect if the school's principal is replaced by another principal whose most3
recent evaluation rating is "highly effective" and who retains a rating of "highly4
effective" pursuant to standards adopted by the state board.5
D. Beginning with the 2014-2015 fiscal year, any superintendent of a6
city, parish, or other local public school system may designate an elementary or7
secondary school in the system an empowered community school. Designation8
as an empowered community school shall remain in effect for a period of time9
determined by the superintendent.10
§4054. Principals of empowered community schools; authority; limitations11
A. Principals of empowered community schools shall be given the sole12
authority to:13
(1) Design and implement an instructional plan tailored to the needs of14
the school, its students, and its faculty, including daily schedule, school15
calendar, instructional time, professional development, and curriculum,16
textbooks and other instructional resources.17
(2) Hire and evaluate personnel, assign personnel within the school, and18
dismiss personnel from the school, per applicable state law.19
(3) Establish a budget for school-based expenditures using the following20
funds:21
(a) A percentage of the Minimum Foundation Program formula per22
pupil amount, including any weighted amounts generated by the student23
population attending the empowered community school, as determined by the24
state board.25
(b) All federal and other state funds received at a rate or formula26
equivalent to the rate or formula by which the district distributes such funds27
to all schools, pursuant to applicable regulations.28
(4) Plan all expenditures associated with the daily operations of the29 SB NO. 206
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school, other than costs associated with personnel, retirement, capital1
infrastructure, employee benefits, and district debt service.2
(5) Coordinate with the city, parish, or other local public school board3
for the provision of support services, including student transportation and4
school food service, provided that the school board is reimbursed for the actual5
cost of providing such services.6
(6) Enter into any contract to support the school's operating needs.7
(7) Participate in any program or pilot program offered through the8
state board or the Department of Education.9
(8) Apply for publicly or privately sponsored grants on behalf of the10
school.11
(9) Offer specialized instructional programs to meet local needs.12
(10) Receive other flexibilities and waivers from state board regulations13
as determined by the state board.14
B. Any action taken by the principal of an empowered community15
school must be in accordance with any court-ordered desegregation plan in16
effect which applies to the school.17
§4055. City, parish, or other local public school system policies; funding;18
liability19
A. Empowered community schools shall abide by city, parish, or local20
school board policies with regard to grade configuration and services to21
students with exceptionalities.22
B. A city, parish, or other local public school system with empowered23
community schools shall retain a percentage of the Minimum Foundation24
Program formula, federal, and other state funds attributable to each25
empowered community school in order to address the capital needs of the26
empowered community school, retirement and other legacy costs associated27
with the empowered community school, and administrative overhead expenses28
associated with the empowered community school as determined by the state29 SB NO. 206
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board.1
C. No person shall have a cause of action against any school district or2
school board arising from a contract entered into with the principal of an3
empowered community school.4
§4056. Reports5
A superintendent of a district with empowered community schools may6
request and shall be provided by the principal of each empowered school7
progress reports related to academic progress and school finances at intervals8
determined by the superintendent.9
§4057. Audits10
The financial practices of the empowered community school shall be11
specifically included in the independent audit of the city, parish, or other local12
public school system.13
Section 2. This Act shall become effective on July 1, 2013.14
The original instrument was prepared by Jerry J. Guillot. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Tammy Crain-Waldrop.
DIGEST
LaFleur (SB 206)
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
firsthand, 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 cause 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 is rated "highly effective" pursuant to the performance evaluation SB NO. 206
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words in boldface type and underscored are additions.
program established by the State Board of Elementary and Secondary Education (BESE),
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
as the principal retains a rating of highly effective 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
highly effective and who retains a rating of highly effective 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, textbooks 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 (MFP) 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)Coordinate with the city, parish, or other local public school board for the provisions
of support services, including student transportation and school food service,
provided that the school board is reimbursed for the actual cost of providing such
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. SB NO. 206
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(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 city, parish, or local public school
board policies with regard to grade configuration and services to students with
exceptionalities.
Requires that city, parish, and other local public school systems with 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 shall be provided progress reports by the principal of each empowered community
school 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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Provides that principals of empowered schools must have a rating of "highly
effective".
2. Makes technical corrections.
Senate Floor Amendments to engrossed bill
1. Makes Legislative Bureau technical changes.
2. Changes the authority of the principal when dealing with support services.