HLS 14RS-1487 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 817
BY REPRESENTATIVE NANCY LANDRY
SCHOOLS/DISTRICTS: Provides for parent petitions for changes in management of
schools and school districts
AN ACT1
To enact R.S. 17:81.1, relative to governing authorities of schools and school systems; to2
provide for transfer of schools and school systems to alternative governing3
authorities upon petition of parents of affected children; to provide for procedures4
and approvals; to provide for alternative governing authorities; to provide for rules5
and for transfer of students; to provide with respect to records of petitions, protection6
of parents who sign petitions, and use of school and district resources; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:81.1 is hereby enacted to read as follows:10
ยง81.1. Transfer of schools and school systems to alternative governing authority;11
parent petitions; responsibilities of state board12
A. For purposes of this Section:13
(1) "Alternative governing authority" means the state board, the Recovery14
School District, the governing authority of a charter school as provided in a charter15
for the school, or other governing authority approved by the state board as provided16
in this Section.17
(2) "Local public school board" means a city, parish, or other local public18
school board.19 HLS 14RS-1487 ORIGINAL
HB NO. 817
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(3) "Local school system" means a city, parish, or other local school system,1
including all schools and administrative personnel under the jurisdiction of a local2
public school board.3
(4) "State board" means the State Board of Elementary and Secondary4
Education.5
B.(1) A public school shall be removed from the jurisdiction of the local6
public school board or other public entity and transferred by the state board to the7
jurisdiction of an alternative governing authority as provided in this Section if such8
transfer is approved by the state board and both of the following conditions are met:9
(a) Parents or legal guardians representing at least a majority of the students10
attending the school sign a petition requesting that the school be transferred to the11
alternative governing authority specified in the petition.12
(b) The school board having jurisdiction of the school is not in compliance13
with R.S. 17:54, 81, 81.4, 229, 414.1, or 418 as determined by the attorney general14
or by the legislative auditor based upon an audit of the school board and system filed15
with his office as required by law.16
(2) A local school system shall be removed from the jurisdiction of the local17
public school board and transferred by the state board to the jurisdiction of an18
alternative governing authority as provided in this Section if such transfer is19
approved by the state board and both of the following conditions are met:20
(a) Parents or legal guardians representing at least a majority of the students21
attending the schools in the local school system sign a petition requesting that the22
local school system be transferred to the alternative governing authority specified in23
the petition.24
(b) The school board having jurisdiction of the local school system is not in25
compliance with R.S. 17:54, 81, 81.4, 229, 414.1, or 418 as determined by the26
attorney general or by the legislative auditor based upon an audit of the school board27
and system filed with his office as required by law, or a majority of the members of28
the school board having jurisdiction of the local school system has been guilty of29 HLS 14RS-1487 ORIGINAL
HB NO. 817
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malfeasance in office as certified to the state board by the district attorney for the1
parish in which the school system is located.2
C. The state board shall develop and adopt rules and regulations for3
implementation of this Section which shall include but not be limited to:4
(1) The format and procedures for submitting a petition pursuant to this5
Section to the state superintendent of education to be brought by him before the state6
board for review pursuant to the process established for the consideration of schools7
or school systems eligible for transfer to an alternative governing authority as8
provided in this Section.9
(2) A requirement that each student may be signed for by his parents or legal10
guardians only one time on any given petition such that each student equals one11
signature.12
(3) Signature validation procedures that include the following requirements:13
(a) That upon submission of a petition, the state Department of Education14
shall determine if the number of signatures represents at least a majority of the15
students attending the school or attending the schools in the school system, as the16
case may be.17
(b) That the signatures be assumed valid unless challenged or there is18
reasonable doubt of their validity. If validity is challenged or doubted, the19
department shall, within forty-five calendar days, review and verify the signatures.20
If the department finds that the number of valid signatures is fewer than a majority21
required, parents or legal guardians shall have thirty calendar days, commencing22
with a date specified by the department, to resolve such discrepancies and collect the23
signatures of additional parents or legal guardians. Signatures shall not be24
discounted over technicalities if the clear intent of the parent or legal guardian was25
to support the petition.26
(4) Transfer procedures for students who choose not to remain enrolled at27
a school as a result of the state board's decision to approve the transfer of a school28 HLS 14RS-1487 ORIGINAL
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to the jurisdiction of an alternative governing authority pursuant to Paragraph (B)(1)1
of this Section.2
D. The state Department of Education shall maintain records regarding the3
contents and outcomes of the petitions.4
E. No person shall harass, threaten, or intimidate any parent or legal guardian5
regarding activities pursuant to this Section.6
F. School or district resources shall not be used to support or oppose any7
effort by petitioning parents or legal guardians to gather signatures and submit a8
petition.9
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)]
Nancy Landry HB No. 817
Abstract: Provides for transfer of schools and school systems to alternative governing
authorities upon petition of parents of affected children under certain circumstances.
Present law (R.S. 17:54, 81, 81.4, 229, 414.1, and 418, as amended by Acts 2012, No. 1)
provides relative to the powers and duties of school boards and local superintendents of
schools. Requires local school boards to delegate authority for personnel decisions to the
local superintendent, including policies related to reductions in force. Provides for
appointments of principals by the local superintendent. Requires the superintendent to
delegate hiring and placement decisions to school principals, subject to his approval.
Requires that all school personnel employment decisions be based upon performance,
effectiveness, and qualifications. Provides for effectiveness as the primary criterion when
making personnel decisions and prohibits the use of seniority or tenure as such. Relative to
reduction in force policies provides that policies for teachers and administrators be based
solely on demand, performance, and effectiveness; that policies for noncertified school
personnel be based on performance and effectiveness as determined by local board policy;
and that seniority or tenure cannot be the primary criterion for reduction in force.
Present law further requires local school boards to include specified performance targets in
employment contracts with the local superintendent and to submit copies of such contracts
to the state superintendent of education. Provides that any employment contract executed,
negotiated, or renegotiated after July 1, 2012, between a board and superintendent that does
not meet requirements of law is null and void. Requires that a local superintendent be
removed from office upon being found incompetent, unworthy, or inefficient or to have
failed to fulfill the terms and performance objectives of his contract or to comply with school
board policy.
Present law also requires all public school governing authorities (public schools, state special
schools, and schools and programs of the special school district) to establish salary schedules
and specifies certain factors schedules shall be based upon. Provides that salaries shall be
considered as full compensation for all work required. Prohibits any teacher or administrator
rated as "ineffective" by a performance evaluation from receiving a higher salary in the year HLS 14RS-1487 ORIGINAL
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following the evaluation than he received in the year of the evaluation. Prohibits salary
reductions, with certain exceptions. Provides for vocational agricultural teachers to teach
and be paid on a 12-month basis.
Proposed law provides for transfer of schools and school systems to alternative governing
authorities upon petition of parents of affected children as follows:
(1)Provides definitions:
(a)"Alternative governing authority" means the State Board of Elementary and
Secondary Education (BESE), the Recovery School District, the governing
authority of a charter school as provided in a charter for the school, or other
governing authority approved by the state board.
(b)"Local public school board" means a city, parish, or other local public school
board.
(c)"Local school system" means a city, parish, or other local school system,
including all schools and administrative personnel under the jurisdiction of
a local public school board.
(2)Requires that a public school be removed from the jurisdiction of the local public
school board or other public entity and transferred by the BESE to the jurisdiction
of an alternative governing authority if the transfer is approved by BESE and both
of the following conditions are met:
(a)Parents or legal guardians representing at least a majority of the students
attending the school sign a petition requesting that the school be transferred
to the alternative governing authority specified in the petition.
(b)The school board is not in compliance with present law (described above) as
determined by the attorney general or by the legislative auditor based upon
an audit of the school board and system filed with his office as required by
law.
(3)Requires that a local school system be removed from the jurisdiction of the local
public school board and transferred by BESE to the jurisdiction of an alternative
governing authority if the transfer is approved by BESE and both of the following
conditions are met:
(a)Parents or legal guardians representing at least a majority of the students
attending the schools in the local school system sign a petition requesting
that the school be transferred to the alternative governing authority specified
in the petition.
(b)The school board is not in compliance with present law (described above) as
determined by the attorney general or by the legislative auditor based upon
an audit of the school board and system filed with his office as required by
law, or a majority of the school board members has been guilty of
malfeasance in office as certified to BESE by the district attorney.
(4)Requires BESE to adopt rules to implement proposed law to include:
(a)Format and procedures for submitting a petition to the state superintendent
of education to be brought by him before BESE for review pursuant to the
process established for the consideration of schools or school systems
eligible for transfer to an alternative governing authority. HLS 14RS-1487 ORIGINAL
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(b)A requirement that each student may be signed for by his parents or legal
guardians only one time on any given petition such that each student equals
one signature.
(c)Signature validation procedures that include requirements:
(i)That upon submission of a petition, the state Dept. of Education
determines if the number of signatures represents at least a majority
of the students attending the school or attending the schools in the
school system, as the case may be.
(ii)That the signatures be assumed valid unless challenged or there is
reasonable doubt of their validity. That if validity is challenged or
doubted, within 45 calendar days, the department shall review and
verify the signatures; if the department finds valid signatures that are
fewer in number than a majority required, parents or legal guardians
have 30 calendar days from a date specified by the department to
resolve discrepancies and collect additional signatures. Prohibits
discounting signatures over technicalities if the clear intent of the
parent or legal guardian was to support the petition.
(d)Transfer procedures for students who choose not to remain enrolled at a
school as a result of approval of the school's transfer to an alternative
governing authority.
(5)Requires the state Dept. of Education to maintain records regarding the contents and
outcomes of the petitions.
(6)Requires that parents or legal guardians be free from harassment, threats, and
intimidation related to circulation of or signing a petition.
(7)Prohibits use of school and district resources to support or oppose any effort by
petitioning parents or legal guardians to gather signatures and submit a petition.
(Adds R.S. 17:81.1)