HLS 14RS-2627 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 1243
BY REPRESENTATIVES HODGES AND POPE
SCHOOLS/CHARTER: Provides conditions and prohibitions relative to approval of certain
charter school proposals
AN ACT1
To amend and reenact R.S. 17:3973(6) and (7) and 3997(A)(1)(a) and (b) and to enact R.S.2
17:3973(8), 3983(G), and 3997(G), relative to charter schools; to provide conditions3
for approval of certain charter school proposals; to prohibit charter schools taking4
certain actions regarding personnel; to provide for definitions; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:3973(6) and (7) and 3997(A)(1)(a) and (b) are hereby amended8
and reenacted and R.S. 17:3973(8), 3983(G), and 3997(G) are hereby enacted to read as9
follows:10
§3973. Definitions11
As used in this Chapter, the following words, terms, and phrases shall have12
the meanings ascribed to them in this Section except when the context clearly13
indicates a different meaning:14
* * *15
(6) "Nonimmigrant foreign worker" means an individual who has obtained16
a visa pursuant to the Immigration and Nationality Act of 1965, Section17
1101(a)(15)(H)(i)(b) or (b1) or Section 1101(a)(15)(J) of Title 8 of the United States18
Code. "Nonimmigrant foreign worker" shall not mean a teacher who spends more19 HLS 14RS-2627 ORIGINAL
HB NO. 1243
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than half of his daily instruction time providing instruction in or teaching in a foreign1
language.2
(6)(7) "Public service organization" means any community-based group of3
fifty or more persons incorporated under the laws of this state that meets all of the4
following requirements:5
(a) Has a charitable, eleemosynary, or philanthropic purpose.6
(b) Is qualified as a tax-exempt organization under Section 501(c) of the7
United States Internal Revenue Code and is organized for a public purpose. "State8
board" means the State Board of Elementary and Secondary Education.9
(7)(8) "State board" means the State Board of Elementary and Secondary10
Education.11
* * *12
§3983. Chartering process by type; eligibility; limitations; faculty approval; parental13
approval; exceptions14
* * *15
G. A charter authorizer shall not approve a proposal for a new charter school16
if the proposal includes plans to staff positions for teachers, administrators, ancillary17
support personnel, or other employees by employing nonimmigrant foreign workers18
unless the charter school evidences that in order to provide equal opportunity19
regardless of race, color, religion, sex, national ancestry, or national origin, the20
proposal includes a plan to take affirmative action to recruit, select, employ, and21
train nonimmigrant foreign workers regardless of race, color, religion, sex, national22
ancestry, or national origin. Race, color, religion, sex, national ancestry, and23
national origin shall not constitute bona fide occupational qualifications for24
employment of a nonimmigrant foreign worker by a charter school.25
* * *26
§3997. Charter school employees27
A.(1)(a) The Except as provided in Subsection G of this Section, the28
governing authority of any charter school may employ such faculty and staff29 HLS 14RS-2627 ORIGINAL
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members as it deems necessary. All potential charter school employees shall be1
notified of the specific benefits they will be offered, as specified in the school's2
charter agreement.3
(b) The Except as provided in Subsection G of this Section, the nonprofit4
organization shall have exclusive authority over all employment decisions at the5
charter schools. However, as provided for in the charter, a nonprofit organization6
may enter into a contract with a for-profit organization to manage the charter school7
and may delegate to the for-profit organization such authority over employment8
decisions at the charter school as the nonprofit organization deems necessary and9
proper if the for-profit organization meets the staffing requirements in Subsection G10
of this Section. Any delegation of this authority must be specifically delegated in a11
service provider agreement.12
* * *13
G. The governing authority of a charter school shall not staff positions for14
teachers, administrators, ancillary support personnel, or other employees by15
employing nonimmigrant foreign workers unless the governing authority of the16
charter school takes affirmative action to recruit, select, employ, and train17
nonimmigrant foreign workers regardless of race, color, religion, sex, national18
ancestry or national origin. Race, color, religion, sex, national ancestry, and national19
origin shall not constitute bona fide occupational qualifications for employment of20
a nonimmigrant foreign worker by a charter school.21
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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. HLS 14RS-2627 ORIGINAL
HB NO. 1243
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are additions.
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))