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Regular Session, 2014
SENATE BILL NO. 385
BY SENATOR LAFLEUR
SCHOOLS. Provides for empowered community schools. (7/1/14)
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 4058, 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; to provide6
for limitations; to provide for effectiveness; and to 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 4058, 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. 385
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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.(1) Beginning with the 2014-2015 school year, any public elementary16
or 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
2015-2016 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 in this Chapter.26
(2) A school principal who has declared his school an empowered27
community school shall send written notification that the declaration has been28
made to the local school superintendent, not later than April fifteenth prior to29 SB NO. 385
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the school year that the designation will become effective.1
B. Designation as an empowered community school shall remain in effect2
as long as the principal retains a rating of "highly effective" pursuant to3
standards adopted by the state board or until the principal voluntarily reverses4
the empowered community school designation.5
C. Designation as an empowered community school shall remain in effect6
if the school's principal is replaced by another principal whose most recent7
evaluation rating is "highly effective" and who retains a rating of "highly8
effective" pursuant to standards adopted by the state board.9
D. Beginning with the 2015-2016 fiscal year, the superintendent of a city,10
parish, or other local public school system may designate an elementary or11
secondary school in the system an empowered community school. Designation12
as an empowered community school shall remain in effect for a period of time13
determined by the superintendent. If the principal assigned to the school has14
more than three years of experience as a school principal, he shall receive a15
rating of "highly effective" on his most recent evaluation.16
E. There shall be no more than one empowered community school in a17
public school system without approval from the local school superintendent.18
§4054. Principals of empowered community schools; authority; limitations19
A. The principal of an empowered community school shall be given the20
sole authority to:21
(1) Design and implement an instructional plan tailored to the needs of22
the school, its students, and its faculty, including professional development,23
curriculum, textbooks, and other instructional resources. The principal of an24
empowered community school shall have the authority to manage the school's25
daily schedule and instructional time. However, any changes to the daily26
schedules, instructional time, or school calendars requiring the coordination of27
district school bus schedules shall be subject to the superintendent's approval.28
The superintendent may require the principal of an empowered community29 SB NO. 385
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school to participate in district professional learning communities or participate1
in any required professional development activities in which effective2
instructional strategies may be shared with other principals in the district.3
(2) Hire and evaluate personnel, assign personnel within the school, and4
dismiss personnel from the school, per applicable state law.5
(3) Establish a budget for school-based expenditures using the following6
funds:7
(a) A percentage of the Minimum Foundation Program formula per8
pupil amount, including any weighted amounts generated by the student9
population attending the empowered community school, as determined by the10
state board.11
(b) All federal and other state funds received at a rate or formula12
equivalent to the rate or formula by which the district distributes such funds to13
all schools, pursuant to applicable regulations.14
(4) Plan all expenditures associated with the daily operations of the15
school, other than costs associated with personnel, retirement, capital16
infrastructure, employee benefits, and district debt service.17
(5) Coordinate with the city, parish, or other local public school board18
for the provision of support services, including student transportation and19
school food service, provided that the school board is reimbursed for the actual20
cost of providing such services.21
(6) Enter into any contract to support the school's operating needs. The22
length of any such contract shall not exceed one year but may be renewed on an23
annual basis provided the principal retains a rating of "highly effective"24
pursuant to standards adopted by the state board.25
(7) Participate in any program or pilot program offered through the26
state board or the Department of Education.27
(8) Apply for publicly or privately sponsored grants on behalf of the28
school.29 SB NO. 385
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(9) Offer specialized instructional programs to meet local needs.1
(10) Receive other flexibilities and waivers from state board regulations2
as determined by the state board.3
B. Any action taken by the principal of an empowered community school4
must be in accordance with any court-ordered desegregation plan in effect5
which applies to the school.6
§4055. City, parish, or other local public school system policies; funding;7
liability8
A. Empowered community schools shall abide by city, parish, or local9
school board policies with regard to grade configuration and services to10
students with exceptionalities.11
B. A city, parish, or other local public school system with empowered12
community schools shall retain a percentage of the Minimum Foundation13
Program formula, federal, and other state funds attributable to each14
empowered community school in order to address the capital needs of the15
empowered community school, retirement and other legacy costs associated16
with the empowered community school, and administrative overhead expenses17
associated with the empowered community school as determined by the state18
board.19
§4056. Reports20
The superintendent of a district with empowered community schools21
may request and shall be provided by the principal of each empowered school22
with progress reports related to academic progress and school finances at23
intervals determined by the superintendent.24
§4057. Audits25
The financial practices of the empowered community school shall be26
specifically included in the independent audit of the city, parish, or other local27
public school system.28
§4058. Effectiveness29 SB NO. 385
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The provisions of this Chapter shall become null, void, and of no effect1
on July 1, 2017.2
Section 2. This Act shall become effective on July 1, 2014.3
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 SB NO. 385
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words in boldface type and underscored are additions.
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. SB NO. 385
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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 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. SB NO. 385
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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.