DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hodges HB No. 1243
Abstract: Provides conditions for the approval of certain charter school proposals and provides
relative to prohibitions on the employment of nonimmigrant foreign workers in charter
schools, with exceptions.
Present law, relative to charter schools, permits the formation of nonprofit corporations (by
teachers, citizens, public service organizations, businesses, and others) to propose charters.
Requires that a group submitting a proposal include at least three La. certified teachers. Provides
for the chartering process, including submitting, reviewing, and approving proposals. Permits
charter school governing authorities to employ faculty and staff it deems necessary. Provides
that the nonprofit organization shall have exclusive authority over all employment decisions at
the charter schools. Permits the nonprofit organization to enter into a contract with a for-profit
organization to manage the charter school and to delegate authority over employment decisions
to the for-profit organization. Provides, with certain exceptions, that charter school employees
shall be considered public school employees and shall be eligible for all benefits provided to
public school employees including membership in the state retirement systems.
Proposed law retains present law except provides that:
(1)A charter authorizer shall not approve a proposal for a new charter school if the proposal
includes plans to staff positions with nonimmigrant foreign workers unless the charter
school plans to take affirmative action to recruit, select, employ, and train nonimmigrant
foreign workers regardless of race, color, religion, sex, national ancestry, or national
origin. Race, color, religion, sex, national ancestry, or national origin shall not constitute
a bona fide occupational qualification for employment of a nonimmigrant foreign worker
by a charter school.
(2)The governing authority of a charter school shall not staff positions with nonimmigrant
foreign workers unless the governing authority of the charter school takes affirmative
action to recruit, select, employ, and train nonimmigrant foreign workers regardless of
race, color, religion, sex, national ancestry or national origin. Race, color, religion, sex,
national ancestry, or national origin shall not constitute a bona fide occupational
qualification for employment of a nonimmigrant foreign worker by a charter school.
(3)A nonprofit organization may enter into a contract with a for-profit organization to
manage the charter school and have authority over employment decisions only if the for-
profit organization meets the staffing requirements in proposed law. Defines "nonimmigrant foreign worker" as an individual who has a visa pursuant to certain
provisions of the federal Immigration and Nationality Act of 1965. Further states that
"nonimmigrant foreign worker" shall not mean a teacher who spends more than half of his daily
instruction time providing instruction in or teaching a foreign language.
(Amends R.S. 17:3973(6) and (7) and 3997(A)(1)(a) and (b); Adds R.S. 17:3973(8), 3983(G),
and 3997(G))