Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB385 Comm Sub / Analysis

                    The original instrument was prepared by Alan Miller. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Nancy
Vicknair.
DIGEST
LaFleur (SB 385)
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 2014-2015 school year, any public elementary or secondary
school principal who is rated "highly effective" pursuant to the performance evaluation 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 2015-
2016 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. 
Requires a school principal who has declared his school an empowered community school to
send written notification that the declaration has been made to the local school superintendent,
not later than April 15
th
 prior to the school year that the designation will become effective.
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 2015-2016 fiscal year, the 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 if the principal assigned to the school has more than three years of experience as a
school principal, he shall receive a rating of "highly effective" on his most recent evaluation.
Provides that there shall be no more than one empowered community school in a public school
system without approval from the local school superintendent.
Provides that the principal of an empowered community school 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 professional development, curriculum, textbooks and
other instructional resources.  The principal of an empowered community school shall
have the authority to manage the school's daily schedule and instructional time. However,
any changes to the daily schedules, instructional time, or school calendars requiring the
coordination of district school bus schedules shall be subject to the superintendent's
approval.  The superintendent may require the principal of an empowered community
school to participate in district professional learning communities or participate in any
required professional development activities in which effective instructional strategies
may be shared with other principals in the district.
(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. Provides that the length
of such contracts shall not exceed one year but may be renewed on an annual basis
provided the principal retains his "highly effective" rating.
(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 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 the superintendent of a district with empowered community schools may request,
and shall be provided with, 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.
Proposed law shall become null, void, and of no effect on July 1, 2017.
Effective July 1, 2014.
(Adds R.S. 17:4051- 4058) Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the original bill
1. Limits length of contracts the principal of an empowered school can enter into to
one year but allows for annual renewal if principal retains "highly effective"
rating.
2. Deletes provisions denying a cause of action against a school district or a school
board arising from a contract entered into by the principal of an empowered
school.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Provides that if the principal assigned to an empowered community school has
three years of experience as a school principal, such principal shall receive a
rating of "highly effective" on his most recent evaluation.
3. Requires a school principal to provide written notification to the local school
superintendent if such principal has declared his school an empowered community
school.  Further requires such notification be given not later than April 15
th
 prior
to the school year that the designation will become effective.
4. Requires no more than one empowered school in a public school system without
approval from the local school superintendent.
5. Provides a termination date for proposed law.