SLS 14RS-56 ORIGINAL Page 1 of 30 Regular Session, 2014 SENATE CONCURRENT RESOLUTI ON NO. 55 BY SENATOR APPEL BESE. Provides for legislative approval of the minimum foundation program formula for the 2014-2015 fiscal year. (8/1/14) A CONCURRENT RESOLUTI ON1 To provide for legislative approval of the formula developed by the State Board of2 Elementary and Secondary Education pursuant to Article VIII, Section 13(B) of the3 Constitution of Louisiana to determine the cost of a minimum foundation program4 of education in all public elementary and secondary schools as well as to equitably5 allocate the funds to parish and city school systems, and adopted by the board on6 March 13, 2014.7 WHEREAS, the Minimum Foundation Program formula for the 2014-2015 Fiscal8 Year adopted by the State Board of Elementary and Secondary Education on March 13,9 2014, and submitted to the legislature for approval on March 14, 2014, in accordance with10 applicable law reads as follows:11 PROPOSED12 FY 2014-15 MINIMUM FOUNDATION PROGRAM FORMULA13 The FY 2014-15 Minimum Foundation Program (MFP) formula was adopted14 by the State Board of Elementary and Secondary Education on March 13, 2014. The15 formula determines allocations for city, parish, or other public school systems or16 schools. The definition of city, parish, or local public school systems and schools17 shall include city or parish school systems, Recovery School District including18 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 2 of 30 operated and Type 5 charter schools, Louisiana School for Math, Science, and the1 Arts (LSMSA), New Orleans Center for Creative Arts (NOCCA), Special School2 District (SSD), Louisiana School for the Deaf and Visually Impaired (LSDVI), New3 Type 2 Charter schools, Legacy Type 2 Charter schools, Office of Juvenile Justice4 (OJJ) schools, and Louisiana State University and Southern University Lab schools.5 The formula is divided into four calculations as follows:6 Level 1 determines the minimum cost of education based on the education7 needs of each student. The cost includes funding for students enrolled in city and8 parish school systems, Recovery School District operated and Type 5 Charter9 schools, New Type 2 Charter schools, New Orleans Center for Creative Arts10 (NOCCA), Louisiana School for Math, Science, and the Arts (LSMSA), Special11 School District (SSD), and Louisiana School for the Deaf and Visually Impaired12 (LSDVI). The cost is then shared equitably between the State and the city and parish13 school systems based on the ability of the systems to support education in their14 communities through local sales and property tax revenues.15 Level 2 provides an incentive for city and parish school systems to support16 education in their communities above the minimum level of financial support17 required.18 Level 3 provides specific legislative education funding to city and parish19 school systems for continuing teacher and support worker pay raises, the Hold20 Harmless provision, and mandated operating costs.21 Level 4 provides additional funding including: 22 C Supplementary funding to meet specific needs at city, parish, or other23 local school systems and schools including Foreign Associate24 Teacher Salary and Stipends Allocation, Career Development25 Allocation, High Cost Services Allocation, and Supplemental Course26 Allocation.27 C Allocations for State-Approved public school systems or schools28 including Legacy Type 2 Charter schools, Louisiana State University29 and Southern University Lab schools, and Office of Juvenile Justice30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 3 of 30 (OJJ) schools.1 C Mid-Year Allocation Adjustments to account for mid-year increases2 and decreases in students in all city, parish, or other local public3 school systems or schools.4 State MFP funds shall only be expended for educational purposes.5 Expenditures for educational purposes are those expenditures related to the6 operational and instructional activities of city, parish, or other public school systems7 or schools to include: instructional programs, pupil support programs, instructional8 staff programs, school administration, general administration, business services,9 operations and maintenance of plant services, student transportation services, food10 services operations, enterprise operations, community services operations, facility11 acquisition and construction services and debt services as defined by Louisiana12 Accounting and Uniform Governmental Handbook, Bulletin 1929.13 I. FORMULA CALCULATIONS14 A. Level 1: Calculate State and Local Cost Allocation15 1. Determine Educational Costs16 Eligible students from the following school systems and schools will be17 counted in both the Base and Weighted Student Memberships:18 1. City and Parish school systems19 2. State-Approved Public Schools - The student counts of the following20 state-approved schools shall be included in the membership and21 weighted student counts of the city or parish school system in which22 the student resides:23 a) New Type 2 Charter schools,24 b) New Orleans Center for Creative Arts (NOCCA),25 c) Louisiana School for Math, Science, and the Arts (LSMSA),26 d) Special School District (SSD) and27 e) Louisiana School for the Deaf and Visually Impaired28 (LSDVI)29 3. Recovery School District - The student membership and weighted30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 4 of 30 student counts of schools transferred to the Recovery School District,1 both operated and Type 5 Charter schools, shall continue to be2 included in the membership and weighted student counts of the city3 or parish school system from which jurisdiction of the school was4 transferred.5 STEP ONE: Determine the Number of Eligible Students for the Base Count6 The formula first counts each of the students enrolled on February 1 to7 determine the cost of education services. The formula utilizes the February 1 Student8 Membership Count to allocate funding beginning in July. The students eligible to9 be counted are identified in the Student Membership Definition adopted by the State10 Board of Elementary and Secondary Education. These students are counted as one11 (1.0) in the formula.12 STEP TWO: Determine the Number of Students Eligible for the Weighted13 Student Count14 The formula recognizes that providing educational services to meet the needs15 of particular students is more costly than regular educational services. Each special16 characteristic or need is given a numerical value referred to as a weight. The special17 needs of each student are taken into consideration by multiplying the student count18 for each eligible child (1.0) by each of the weights. This calculation provides19 additional students that are then added to the February 1 Student Membership Count20 to equal the Total Weighted Student Membership Count. The students and units21 eligible to be counted are identified in the Student Membership Definition adopted22 by the State Board of Elementary and Secondary Education.23 The following are the additional costs recognized by the formula:24 Low Income and English Language Learner Weight - The formula25 recognizes that students living in poverty or students with a native language other26 than English are more likely to require additional educational services to be27 successful. To recognize that these services require additional costs, students that28 qualify for free or reduced price meals under the United States Department of29 Agriculture (USDA) School Food Service Program guidelines, or an alternative30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 5 of 30 count as defined in the Student Membership Definition, and students identified as an1 English Language Learner are provided a weight of 22%.2 Career and Technical Education Weight - The formula recognizes that the3 cost of providing materials and equipment, and teacher credentialing and training,4 for Career and Technical Education courses is above and beyond the cost of5 traditional academic education. Each secondary career and technical education6 course in which a student is enrolled in both the fall and spring semesters is provided7 a weight of 6%.8 Special Education Weight - The formula addresses the extra cost associated9 with the delivery of services required in order to meet the needs of students with10 disabilities. Students with disabilities that have an Individualized Education Plan11 (IEP) developed according to State Board of Elementary and Secondary Education12 regulations are provided a weight of 150%.13 Gifted and Talented Weight -The formula recognizes the cost of providing14 educational services to Gifted and Talented students that have an Individualized15 Education Plan (IEP) developed according to State Board of Elementary and16 Secondary Education regulations and are provided a 60% weight.17 Economy of Scale Weight - This weight is provided for city or parish school18 systems to recognize a base amount of funding for fixed overhead costs that should19 be provided when student populations equal 7,500 students or less. The Economy of20 Scale Weight is calculated as a curvilinear weight of 20% at a student membership21 count of zero down to 0% at a student membership count equal to or greater than22 7,500. To calculate this weight, the February 1 Student Membership Count for each23 city and parish school system is subtracted from 7,500 and divided by 37,500. The24 result of this calculation is then multiplied by each system's February 1 Student25 Membership Count to determine the weighted students.26 STEP THREE: Determine Total Weighted Student Membership Count27 Formula:28 Total Weighted Student Membership Count29 Equals30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 6 of 30 February 1 Student Membership Count (1.0)1 Plus2 Low Income and English Language Learner Weight 3 Career and Technical Education Weight4 Special Education Weight5 Gifted and Talented Weight6 Economy of Scale Weight7 STEP FOUR: Identify the State and Local Base Cost Per Pupil8 Formula:9 The State and Local Base Cost Per Pupil shall equal $3,855 plus 2.7510 percent times $3,855 times the whole number of school years since 2013-2014.11 STEP FIVE: Determine Total MFP Educational Costs12 Formula:13 Total MFP Educational Costs14 Equals15 Total Weighted Student Membership Count16 Multiplied by17 State and Local Base Cost Per Pupil 18 2. Determine State and Local Cost Allocation19 The Total MFP Educational Costs are shared between the State and the city20 or parish school systems. The ability of school systems to support the cost of21 education in their communities is measured by the potential to raise local revenue.22 This potential contribution is measured by the following three factors using the latest23 available data as reported through the Annual Financial Report (AFR) as required by24 R.S. 17:92:25 1. Local Property Tax Revenue Contribution26 2. Local Sales Tax Revenue Contribution27 3. Other Local Revenue Contribution28 STEP ONE - Determine the Local Property Tax Revenue Contribution29 Formula:30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 7 of 30 Local Property Tax Revenue Contribution1 Equals2 State Computed Property Tax Millage (debt and non-debt)3 Times4 Net Assessed Property Value5 Net Assessed Property Value Increase Cap - If a school system's Net6 Assessed Property Value has increased equal to or greater than 10% over the prior7 year Net Assessed Property Value, then the growth in the Net Assessed Property8 Value is capped at 10%. This cap is applied on a year-to-year basis comparing the9 current year Net Assessed Property Value to the prior year uncapped Net Assessed10 Property Value.11 Computed Property Tax Millage - The Computed Property Tax Millage is12 calculated annually at the rate necessary to maintain a state and local allocation ratio13 of 65%/35%. 14 STEP TWO - Determine the Local Sales Tax Revenue Contribution15 Formula:16 Local Sales Tax Revenue Contribution 17 Equals18 Computed Sales Tax Base (debt and non-debt) (including TIF areas) 19 Multiplied By20 State Computed Sales Tax Rate21 Mid-Year Rate Increases - If a local school system's sales tax goes into22 effect during the fiscal year, the tax rate is prorated to an annual rate applicable for23 the total revenue generated.24 Sales Tax Increase Cap - If a system's Computed Sales Tax Base increased25 equal to or greater than 15% over the Computed Sales Tax Base calculated in the26 prior year formula, then the growth in the Computed Sales Tax Base will be capped27 at 15% over the amount used in the prior year formula. This cap will be applied on28 a year-to-year basis comparing the current year sales tax base to the prior year29 uncapped sales tax base.30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 8 of 30 Computed Sales Tax Rate - The Computed Sales Tax Rate is calculated1 annually at the rate necessary to maintain a state and local allocation ratio of2 65%/35%. 3 STEP THREE - Determine Other Local Revenue Contribution4 Formula:5 Other Local Revenue Contribution6 Equals7 State Revenue in lieu of taxes8 Plus9 Federal Revenue in lieu of taxes10 Plus11 50% of Earnings on Property12 STEP FOUR - Determine Local Cost Allocation13 Formula:14 Local Cost Allocation15 Equals16 Property Tax Contribution17 Plus18 Sales Tax Contribution19 Plus20 Other Revenues Contribution21 STEP FIVE - Determine State Cost Allocation22 Formula:23 State Cost Allocation24 Equals25 Total State and Local Cost26 Minus27 Local Cost Allocation28 Minimum State Cost Allocation - In no event shall the State Cost29 Allocation be less than 25% of Total Level 1 Cost for any city or parish school30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 9 of 30 system.1 B. Level 2: Incentive for Local Effort2 Level 2 provides incentives for city and parish school systems that contribute a3 greater proportion of local revenues towards the cost of education in their4 communities by increasing local property and sales tax revenues. This effort is5 measured using the latest available data for the following sources of revenue as6 reported in the Annual Financial Report (AFR) as required in R. S. 17:92.7 1. Total Sales Taxes8 2. Total Property Taxes9 3. State and Federal Revenue in Lieu of Taxes10 4. 50% Earnings on Property Revenue 11 STEP ONE - Determine Eligible Local Revenue12 Formula:13 Eligible Local Revenue14 Equals15 Total Sales Tax Revenue16 Plus17 Total Property Tax Revenue18 Plus19 State and Federal Revenue in Lieu of Taxes20 Plus21 50% of Earnings on Property Revenue22 STEP TWO - Determine Local Revenue Eligible for Incentive23 Formula:24 Local Revenue Eligible for Incentive25 Equals26 Eligible Local Revenue27 Minus28 Local Cost Allocation 29 STEP THREE - Determine the Limit on Revenue Eligible for Incentive30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 10 of 30 Formula:1 Limit on Revenue Eligible for Incentive2 Equals3 Total State and Local Cost Allocation4 Multiplied by5 34%6 STEP FOUR - Determine Local Support of Level 2 Incentive7 Formula:8 Local Support of Level 2 Incentive9 Equals10 Lesser of Local Revenue Eligible for Incentive or Limit on Local11 Revenue Eligible for Incentive12 Multiplied by13 Local Cost Allocation Percentage (Level 1)14 Multiplied by15 Level 2 Incentive Factor16 Level 2 Incentive Factor - The Level 2 Incentive Factor determines the17 amount of local support required in Level 2. In FY 14-15, the Level 2 Incentive18 Factor is established at 1.72. The State Board of Elementary and Secondary19 Education may reset the Level 2 Incentive Factor on an annual basis.20 STEP FIVE - Determine State Cost of Level 2 Incentive21 Formula:22 State Support of Level 2 Incentive23 Equals24 Lesser of Local Revenue Eligible for Incentive or Limit on Local25 Revenue Eligible for Incentive26 Minus27 Local Support of Level 2 Incentive28 C. Level 3: Legislative Allocations29 Level 3 provides funding for three programs that address funding for school systems30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 11 of 30 and schools regarding teacher and support worker pay raises, Hold Harmless1 funding, and mandated operating costs, and are in addition to allocations provided2 in Level 1 and 2. These allocations are as follows:3 Formula:4 Total Level 3 Legislative Allocations5 Equals6 Continuation Pay Raises7 Plus8 Hold Harmless Enhancement9 Plus10 Mandated Costs in Health Insurance, Retirement, and Fuel11 STEP ONE: Calculate Continuation Funding for Pay Raises12 1. Certificated Personnel Pay Raises were implemented in four recent years to13 assist in increasing Teacher and Principal pay to the Southern Regional14 Average. These funds continue to be provided directly to systems and15 schools to support these increased salaries.16 a. Certificated Personnel Pay Raises provided in 2001-02, 2006-07,17 2007-08, and 2008-09 will continue for each school system and18 school based on the calculated per pupil amount times the February19 1 Student Membership Count.20 2. Noncertificated Support Worker Pay Raises were implemented in three21 recent years to assist with increasing these salaries.22 a. Noncertificated Support Worker Pay Raises provided in 2002-03,23 2006-07, and 2007-08 will continue for each school system and24 school based on the calculated per pupil amount times the February25 1 Student Membership Count.26 3. This provision applies to city and parish school systems, Recovery School27 District, New Orleans Center for Creative Arts (NOCCA), Louisiana School28 for Math, Science, and the Arts (LSMSA), Legacy Type 2 Charter Schools,29 New Type 2 Charter Schools, Special School District (SSD), Louisiana30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 12 of 30 School for the Deaf and Visually Impaired (LSDVI), Louisiana State1 University and Southern University Lab schools, and Office of Juvenile2 Justice (OJJ).3 STEP TWO: Calculate Hold Harmless Enhancement4 Participating School Systems - The following school systems have a5 remaining Hold Harmless or "overfunded" allocation: Concordia, East Baton Rouge,6 Evangeline, Iberville, Jefferson, Plaquemines, St. Charles, St. James, and West7 Feliciana.8 Allocation Adjustment - After subtracting amounts attributable to insurance9 supplements and legislative pay raises provided between FY 1993-94 and FY10 1998-99 from the FY 2006-07 Hold Harmless amount, a revised Hold Harmless11 amount is calculated. Each of the remaining Hold Harmless school systems will12 receive a reduction of 10% to their remaining Hold Harmless allocation. On an13 annual basis, any Hold Harmless system may choose to reduce the remaining balance14 by an amount greater than 10% through formal notification to the Louisiana15 Department of Education. This request must take place no later than June 30th each16 year.17 Redistribution Allocation - The annual 10% reduction amount will be18 redistributed in a per pupil amount to all non-hold harmless systems.19 STEP THREE: Determine Allocation for Increasing Mandated Costs in Health20 Insurance, Retirement, and Fuel21 City and parish school systems shall receive a minimum of $100.00 for each22 student in the prior year February 1 membership to offset these increasing23 operational costs.24 The following formula is applied to determine the Level 1, 2, and 3 State25 Cost Allocation Per Pupil: 26 Formula:27 Level 1, 2, and 3 State Cost Allocation Per Pupil28 Equals29 Level 1 State Cost Allocation Per Pupil30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 13 of 30 Plus1 Level 2 State Cost Allocation Per Pupil2 Plus3 Level 3 State Cost Allocation Per Pupil4 D. Level 4: Supplementary Allocations5 1. Specific Needs Allocations provide funding for four allocations for specific6 purposes and is in addition to system level allocations from Levels 1, 2, and 3.7 These allocations are as follows:8 Formula:9 Total Level 4 Supplementary Allocations10 Equals11 Foreign Language Associate Program Salary and Stipend Allocation12 Plus13 Career Development Allocation14 Plus15 High Cost Services Assistance Allocation16 Plus17 Supplemental Course Allocation18 STEP ONE: Calculate Foreign Language Associate Salary and Stipend19 Allocation20 Salary Allocation - Any city, parish, or other public school system or school21 employing a Foreign Language Associate or a graduate of the Escadrille Louisiane22 program shall receive a supplemental allocation from State Board of Elementary and23 Secondary Education of $21,000 per teacher. The state shall maintain support of the24 Foreign Language Associate program at a maximum of 300 Foreign Language25 Associates employed in any given year.26 These teachers shall be paid by the employing city, parish, or other local27 public school system or school at least the state average classroom teacher salary28 (without PIP) by years of experience and degree beginning with year three. Of the29 $21,000 allocation, $20,000 shall be allocated to the school where the teacher is30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 14 of 30 employed and the funds used to support the total cost of the teacher salary, and the1 remaining amount shall be associated with costs of VISA sponsorship pursuant to2 State Board of Elementary and Secondary Education regulations.3 Stipend Allocation - First year teachers will receive an installation incentive4 of an additional $6,000; second and third year teachers will receive a retention5 incentive of an additional $4,000. These amounts must be provided to each Foreign6 Associate Teacher or Escadrille Louisiane graduate by each school district or school7 in which they are employed.8 STEP TWO: Career Development Allocation9 The cost of providing materials and equipment, and teacher credentialing and10 training to attain a statewide industry-based credential is above and beyond the cost11 typically required for high school courses. An allocation will be provided to support12 the development of these technical courses required for statewide credentials in city13 and parish school systems and other public schools.14 The first step in the allocation is to calculate six percent (6%) of the MFP15 State and Local Base Cost Per Pupil. This Per Pupil amount will be provided for16 each qualifying course enrollment. A minimum amount of $25,000 will be provided17 for each city and parish school system and a minimum amount of $10,000 will be18 provided for each other public school with students enrolled in grades 9 through 12.19 Formula:20 Career Development Allocation Per Pupil21 Equals22 MFP State and Local Base Cost Per Pupil23 Multiplied By24 Six Percent (6%)25 Formula:26 Career Development Allocation27 Equals28 Career Development Allocation Per Pupil29 Multiplied By30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 15 of 30 Number of Students Enrolled in Qualifying Courses in Grades 9 through1 122 STEP THREE: Calculate High Cost Services Assistance3 High cost services for students with disabilities generate a particular budget4 challenge for city, parish, and other public school systems and schools.5 In an effort to assist with these expenses, an allocation will be provided to6 city, parish, and other public school systems and schools which submit7 documentation as required by the Louisiana Department of Education substantiating8 that the prior year cost of services for a specific student exceeds three times the most9 recent state average total expenditure per pupil amount.10 Once costs associated with providing services for a student with disabilities11 have been verified, the city or parish school system or other public schools will be12 eligible to receive an allocation to assist with these costs. The allocation will be13 limited by the amount budgeted for the High Cost Services Assistance Allocation.14 The first step in the allocation will be to calculate the impact of these costs15 on the budget of the school system or school using the latest available state and local16 revenue data. The High Cost Services requested for reimbursement will be reduced17 by the MFP state and local amount allocated on behalf of each student from Levels18 1, 2, and 3. The next step will rank the Percent (%) Impact from highest to lowest19 percent, with two separate rank listings for school systems and other public schools.20 Formula:21 Percent (%) Impact on Budget22 Equals23 Cost of Services24 Divided By25 Total State and Local Revenue26 The two rank listings will be divided into four tiers and allocations will be27 provided based on a percentage from one hundred percent reimbursement in the28 highest funded tier with smaller percentages reimbursed in the lower tiers based on29 where the school system or school falls within the tiers on one of the two lists.30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 16 of 30 STEP FOUR: Calculate Supplemental Course Allocation1 As Louisiana's economy is creating jobs that require technical and academic2 education beyond that provided for in every school's curriculum, schedule,3 geographic region, and facility, a minimum foundation of education includes access4 to coursework not provided for within a secondary school's traditional program or5 school building, individualized to students' postsecondary interests and needs. Such6 high school credit courses shall include career and technical preparation; academic7 work required to achieve TOPS but not available due to limited resources; advanced8 coursework not available due to limited resources; dual enrollment courses providing9 advanced standing upon college admission; and intensive remediation for students10 struggling to stay on pace or graduate.11 To ensure equitable access to such individualized courses for students across12 the state, the formula shall provide any participating public school system or public13 school a Supplemental Course Allocation (SCA) based on the student count of the14 school system or school in grades 7 through 12, provided the courses, course costs,15 approved educators offering courses, and student enrollments are recognized by the16 State Board of Elementary and Secondary Education.17 Public school systems, public schools, and the Louisiana Department of18 Education shall recommend courses and educators providing these courses to the19 State Board of Elementary and Secondary Education. The State Board of Elementary20 and Secondary Education shall review and declare courses, educators, and public21 school systems or public schools eligible.22 Public school systems or public schools may choose to participate by offering23 the list of eligible courses available to their students, but they are not required to24 participate.25 All public school students in grades 7 through 12 enrolled in an eligible26 public school system or public school on February 1 shall be eligible to enroll in27 courses provided the public school system or public school has approved the28 student's enrollment.29 Public school systems or public schools may use the Supplemental Course30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 17 of 30 Allocation to purchase approved courses for all eligible students.1 The allocation for each public school system or public school shall equal the2 number of students enrolled in grades 7 through 12 in each school system or school3 as of February 1 each year multiplied by $26 per pupil.4 Formula:5 Supplemental Course Allocation for School Systems and Schools6 Equals7 Supplemental Course Allocation Per Pupil8 Multiplied By9 Number of Students in Grades 7 through 12 for School Systems and10 Schools11 If the entire allocation is not committed by the public school systems or12 public school by a date set forth by the Louisiana Department of Education, the13 original allocation will be reduced by the uncommitted amount. The total14 uncommitted amount from school systems and schools will be reallocated to those15 school systems or schools that obligated one hundred percent of their original16 allocation based on criteria set forth by the Louisiana Department of Education. All17 allocated funds must be spent by the end of the fiscal year via course enrollments18 using the online registration system.19 2. Allocations for Other Public Schools20 STEP ONE: Louisiana State University and Southern University Laboratory21 Schools22 1. State Cost Allocation23 a. The February 1 Student Membership count at the Louisiana State24 University and Southern University Lab Schools shall be multiplied by the25 Average State Cost Allocation Per Pupil to equal the Louisiana State26 University and Southern University Lab Schools State Cost Allocation.27 b. Funds appropriated for these schools shall be allocated to the28 institution of higher education operating such a school. Each such institution29 of higher education shall ensure the equitable expenditure of such funds to30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 18 of 30 operate such schools.1 STEP TWO: Legacy Type 2 Charter Schools2 A Legacy Type 2 Charter school is a Type 2 Charter school approved before July 1,3 2008 by the State Board of Elementary and Secondary Education.4 1. State Cost Allocation5 a. Any Legacy Type 2 Charter school shall annually be6 allocated funds as determined by applying the formula7 contained in R. S. 17:3995.8 b. The State Cost Allocation equals the number of students9 multiplied by the average State Per Pupil for the system10 where the school is located.11 2. Local Cost Allocation12 a. Any Legacy Type 2 Charter school shall annually be13 allocated funds as determined by applying the formula14 contained in R. S. 17:3995.15 b. The Local Cost Allocation equals the number of students16 multiplied by the average Local Per Pupil for the system17 where the school is located.18 c. For any student enrolled in a Legacy Type 2 Charter school,19 the Local Cost Allocation shall be funded by the State.20 3. The exclusion of any portion of local revenues specifically dedicated21 by the legislature or by voter approval to capital outlay or debt22 service shall be applicable only to a charter school housed in a23 facility or facilities provided by the district in which the charter24 school is located.25 STEP THREE: Office of Juvenile Justice (OJJ) Schools26 1. Eligible Schools - Any elementary and secondary school operated by the27 Office of Juvenile Justice (OJJ) in a secure care facility shall be considered a public28 elementary or secondary school and, as such, the Office of Juvenile Justice (OJJ)29 shall be annually appropriated funds for these students.30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 19 of 30 2. Eligible Students - Each student counted in the prior year average daily1 membership, as defined by the State Board of Elementary and Secondary Education2 in the Student Membership Definition, is calculated by dividing the number of days3 the student is under the guidance and direction of teachers by the total instructional4 days during the specified school year.5 3. Allocation - The Office of Juvenile Justice (OJJ) shall annually be6 allocated funds for the eligible students. For each student enrolled in these schools,7 both a State Cost Allocation and a Local Cost Allocation shall be provided.8 4. State Cost Allocation9 a. The State Cost Allocation is equal to the State Cost Allocation Per10 Pupil for the system where each student resided prior to adjudication11 multiplied by the prior year average daily membership of the Office of12 Juvenile Justice schools.13 b. The State Cost Allocation Per Pupil allocation shall be adjusted14 based on a factor determined by the Louisiana Department of Education to15 provide for the differential in the number of educational days provided to the16 students in the custody of the Office of Juvenile Justice (OJJ).17 c. Additionally, the State Cost Allocation Per Pupil shall be adjusted18 based on a factor determined by the Louisiana Department of Education to19 recognize the increased number of special education students in the Office20 of Juvenile Justice (OJJ) schools relative to the state average special21 education student population.22 d. The average daily membership will be reconciled on an annual23 basis using the latest available data.24 5. Local Cost Allocation25 a. Each student counted in the prior year average daily membership,26 as defined by the State Board of Elementary and Secondary Education, shall27 be provided for and funded from the minimum foundation program a Local28 Cost Allocation Per Pupil equal to the Local Cost Allocation Per Pupil for the29 district where the student resided prior to adjudication.30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 20 of 30 b. The Local Cost Allocation is equal to the Local Cost Allocation1 Per Pupil for the system were each student resided prior to adjudication2 multiplied by the prior year average daily membership of the Office of3 Juvenile Justice schools.4 c. For the purpose of the Local Cost Allocation Per Pupil, the average5 daily membership of the Office of Juvenile Justice (OJJ) shall be included in6 the membership counts of the city, parish, or other local public school board7 in which the student resided prior to adjudication to the Office of Juvenile8 Justice.9 d. For a district(s) that shares local revenue, the allocation for the10 Office of Juvenile Justice will be completed before the calculation of local11 revenues.12 e. The Local Cost Allocation Per Pupil shall be funded with a transfer13 of the MFP monthly amount representing the Local Cost Allocation Per Pupil14 from the city, parish, or other local public school board in which the15 attending students resided prior to adjudication to the Office of Juvenile16 Justice (OJJ).17 f. The average daily membership will be reconciled on an annual18 basis using the latest available data. 19 3. Mid-Year Student Allocations20 1. Student counts in October and February may result in mid-year allocation21 adjustments for the following:22 City and parish school systems, Recovery School District, Type 2 Charter23 schools, Louisiana State University and Southern University Lab schools,24 Special School District (SSD), Louisiana School for the Deaf and Visually25 Impaired (LSDVI), Louisiana School for Math, Science and the Arts26 (LSMSA), and New Orleans Center for Creative Arts (NOCCA).27 2. If the current year October 1 Mid-Year Student Count is more or less than28 the prior year February 1 student count, an adjustment to the current year29 allocation shall be made for each student gained or lost. The October30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 21 of 30 adjustment equals the number of students gained or lost times the annual1 State Cost per pupil allocation amount for the system or school in which the2 change occurred. The February adjustment equals the number of students3 gained or lost times one-half of the State Cost per pupil allocation for the4 system or school in which the change occurred.5 3. Individual adjustments shall be made for increases or decreases in the6 October or February Mid-Year Student Counts for the Recovery School7 District, the system of prior jurisdiction, and Type 5 Charter schools.8 4. Mid-Year adjustments for the Recovery School District shall utilize the9 final State Cost per pupil allocation for the system of prior jurisdiction.10 5. If the Recovery School District qualifies for an October Mid-Year11 Adjustment to the State Cost per pupil allocation, a Mid-Year adjustment12 shall also be made to the Local Cost per pupil allocation for the system of13 prior jurisdiction. The October Local Cost per pupil allocation shall be14 recalculated based on updated revenue data for the system of prior15 jurisdiction. There shall be no recalculation of the Local Cost per pupil16 allocation in conjunction with the February 1 student count.17 6. School systems or charter schools in the first year of operation are not18 eligible for an October Mid-Year Adjustment. However, their allocation will19 be finalized using October 1 data. The newly opened school systems or20 charter schools will qualify for the February 1 mid-year adjustment.21 7. October and February Mid-Year Adjustments shall be combined and22 applied in the March through June payments.23 Total MFP State Cost Allocation24 Formula:25 Total MFP State Cost Allocation26 Equals27 Level 1 State Cost Allocation28 Plus29 Level 2 State Cost Allocation30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 22 of 30 Plus1 Level 3 State Cost Allocation2 Plus3 Level 4 State Cost Allocation4 II. FORMULA CALCULATIONS FOR STATE-APPROVED PUBLIC5 SCHOOLS6 A. RECOVERY SCHOOL DISTRICT7 1. State Cost Allocation8 a. Once all final calculations are made, the final State Cost9 Allocation Per Pupil Amount for the city or parish school10 system which counted the Recovery School District students11 will be multiplied by the February 1 Recovery School District12 Student Membership Count to equal the Recovery School13 District State Cost Allocation.14 b. In a system with one or more Type 3B charter schools, if the15 Type 3B charter is not its own LEA, the local school system16 shall distribute minimum foundation program formula funds17 to each Type 3B charter school in the system pursuant to18 calculations determined by the Louisiana Department of19 Education. If the Type 3B charter is its own LEA, such20 payments shall be made to the Type 3B charter school by the21 Louisiana Department of Education. Such calculations shall22 include differentiated funding weights for certain students,23 including students identified as being eligible for special24 education services. The calculations shall ensure equity so25 that each Type 3B charter school in the system receives a26 per-pupil amount equal to the amount a Type 5 charter school27 located in the same parish or school system boundary would28 have received from the Recovery School District (RSD).29 2. Local Cost Allocation30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 23 of 30 a. In addition to the State Cost Allocation, the Recovery School District shall1 receive an applicable Local Cost Allocation.2 Formula:3 Local Cost Allocation Per Pupil4 Equals5 Projected Local Revenues from District of Prior Jurisdiction6 Divided by7 Total School District Membership (Recovery School District Student8 Membership Count plus Student Membership Count for the system of prior9 jurisdiction plus New Type 2 Charter school students residing in the10 jurisdiction)11 b. To begin the fiscal year, the Local Cost allocation is based on eligible12 projected local revenues for the most recent prior fiscal year from the city or parish13 school district that had jurisdiction of the school prior to its transfer.14 c. For purposes of the Recovery School District calculation, local revenue is15 defined to include revenue from the following sources, excluding any portion which16 has been specifically dedicated by the legislature or by voter approval to capital17 outlay or debt service, per the definitions in the Annual Financial Report (AFR) and18 the Louisiana Accounting and Uniform Governmental Handbook as reported to the19 Department of Education:20 1. Sales and use taxes, less any tax collection fee paid by the school21 system22 2. Ad valorem taxes, less any tax collection fee paid by the school23 system24 3. Earnings from sixteenth section lands owned by the school system25 d. The exclusion of any portion of local revenues specifically dedicated by26 the legislature or by voter approval to capital outlay or debt service shall be27 applicable only to a charter school housed in a facility or facilities provided by the28 system in which the charter school is located.29 e. The projected local revenues shall be divided by the Total School District30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 24 of 30 Membership Count including the Recovery School District Student Membership1 Count, both operated and charter schools, plus the Student Membership Count of the2 system of prior jurisdiction. If any New Type 2 Charter School student resides3 within the physical boundaries of the system of prior jurisdiction, this school the4 student attends shares in the local revenues of the system of prior jurisdiction. As a5 result, the New Type 2 Charter School Student Membership Count of the students6 residing in the jurisdiction will be added to the Recovery School District and the7 system of prior jurisdiction Student Membership Count.8 f. The Local Cost Allocation for the Recovery School District is determined9 by multiplying the local revenue per pupil times the number of Recovery School10 District students used in the MFP final allocation.11 Formula: 12 Local Cost Allocation13 Equals14 Projected Local Revenues from District of Prior Jurisdiction Per Pupil15 Multiplied By16 Recovery School District Student Membership Count17 g. Once the local amount is determined, it is adjusted to a monthly amount18 that is transferred from the MFP monthly allocation of the city, parish, or other local19 public school board of prior jurisdiction to the Recovery School District.20 h. Based on the October 1 Student Membership Count, the local revenue21 allocation per student will be recalculated and there will be a corresponding22 adjustment in the local revenue allocation. No recalculation of the local revenues per23 student will occur as a result of the February 1 Student Count adjustment.24 i. During the third quarter of the fiscal year, the local revenue allocation per25 student shall be adjusted to reflect actual prior year local revenue data. 26 j. A final reconciliation will occur based upon the receipt of the annual27 audited financial statements of the system of prior jurisdiction. If an increase or28 decrease in local revenue collections exists, the state superintendent may establish29 a payment schedule. In the event that the fiscal status of the system of prior30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 25 of 30 jurisdiction or the Recovery School District changes during the fiscal year or on or1 before the final reconciliation, the state superintendent may adjust the local revenue2 based on the revenues identified.3 3. Monies appropriated to the Recovery School District, except for4 administrative costs, that are attributable to the transfer of a school from a prior5 school system and monies allocated or transferred from the prior system to the6 Recovery School District shall be expended solely on the operation of schools7 transferred from the prior system to the jurisdiction of the Recovery School District.8 B. NEW TYPE 2 CHARTER SCHOOLS9 A New Type 2 Charter school is a Type 2 Charter school approved after July10 1, 2008, by the State Board of Elementary and Secondary Education.11 1. State Cost Allocation12 a. Any New Type 2 Charter School shall annually be provided a State Cost13 Allocation as determined by applying the formula contained in R.S. 17:3995.14 b. The State Cost Allocation equals the number of students multiplied by the15 average State Cost Allocation Per Pupil for the system in which the student resides.16 c. Mid-Year Adjustments shall adhere to the guidelines established in this17 document.18 2. Local Cost Allocation19 a. Any New Type 2 Charter school shall annually be provided a Local Cost20 Allocation by applying the formula contained in R. S. 17:3995.21 b. The Local Cost Allocation equals the number of students multiplied by the22 Local Cost Allocation Per Pupil for the system in which the student resides.23 c. One exception to R. S. 17:3995 is that the Local Cost allocation will be24 funded with a transfer of the MFP monthly amount representing the Local Cost25 Allocation from the city or parish school system in which the attending students26 reside.27 d. The city or parish where students attending the New Type 2 Charter school28 reside is the local taxing authority and shall provide the local support for the29 students.30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 26 of 30 e. Mid-Year Adjustments will adhere to the guidelines established in this1 document.2 3. Virtual Charter schools may receive, as approved by the State Board of3 Elementary and Secondary Education, a lesser percentage of the state and local4 amount calculated in R.S. 17:3995.5 4. Where student attendance is from multiple school systems, the Department6 of Education shall determine the Local Cost Allocation based on students reported7 by the schools. The student membership count of the New Type 2 charter schools8 shall be included in the membership count of the city or parish school board in which9 the student resides to determine the Local Cost Allocation.10 5. In the first year of operation, a New Type 2 Charter school shall be11 allocated funding based on an estimated student count since a February 1 student12 count does not exist. The allocation will be finalized based on the October 1 student13 count.14 6. The exclusion of any portion of local revenues specifically dedicated by15 the legislature or by voter approval to capital outlay or debt service shall be16 applicable only to a charter school housed in a facility or facilities provided by the17 district in which the charter school is located.18 C. SPECIAL SCHOOL DISTRICT (SSD), LOUISIANA SCHOOL FOR THE19 DEAF AND VISUALLY IMPAIRED (LSDVI), LOUISIANA SCHOOL FOR20 MATH, SCIENCE AND THE ARTS (LSMSA) AND NEW ORLEANS21 CENTER FOR CREATIVE ARTS (NOCCA).22 1. Special School District (SSD), the Louisiana School for the Deaf and23 Visually Impaired (LSDVI), the Louisiana School for Math, Science and the Arts24 (LSMSA) and New Orleans Center for Creative Arts (NOCCA) shall be provided25 both a State and Local allocation.26 2. State Cost Allocation27 a. The State Cost Allocation shall be based on the State Cost28 Allocation Per Pupil for the city or parish school system29 where the attending students reside.30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 27 of 30 3. Local Cost Allocation1 a. The Local Cost Allocation will be based on the Local Cost2 Allocation for the city or parish school system where the3 attending students reside.4 b. The Local Cost Allocation will be funded with a transfer of5 the MFP monthly amount representing the Local Cost6 Allocation Per Pupil from the city or parish school board7 where the attending students reside.8 c. Where student attendance is from multiple school systems,9 the Department of Education shall determine the Local Cost10 Allocation based on students reported by the schools.11 4. For a system(s) that shares local revenue, the allocation for SSD,12 LSDVI, LSMSA, and NOCCA will be completed before the13 calculation of local revenues.14 5. The student membership and weighted student counts of SSD,15 LSDVI, LSMSA, and NOCCA authorized by the State Board of16 Elementary and Secondary Education shall be included in the17 membership and weighted student counts of the city, parish, or other18 public school system in which the student resides using the February19 1 Student Membership Count of SSD, LSDVI, LSMSA and NOCCA.20 III.FORMULA PROCEDURES21 A. Preliminary Allocation22 1. The minimum foundation program formula for the upcoming23 fiscal year adopted by the State Board of Elementary and24 Secondary Education, along with a preliminary allocation25 schedule representing the estimated cost of the proposed26 formula, shall be submitted to the Joint Legislative27 Committee on the Budget and to the House and Senate28 Education Committees for consideration no later than March29 15.30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 28 of 30 2. This preliminary allocation shall utilize student and other1 input data available at the time. 2 B. Final Allocation3 Final allocations for the fiscal year in which the formula takes effect4 will be determined no later than June 30 of the preceding fiscal year.5 The latest available data will be utilized to calculate the final6 allocation except that student count estimates will be utilized for7 school systems or charter schools opening for the first time in the8 fiscal year beginning July 1.9 IV.FORMULA PAYMENTS10 A. PAYMENT PROCEDURES11 1. The Total MFP State Cost Allocation for city, parish, and other12 school systems and schools will be converted to monthly payments13 from July through June each year except payments will be made on14 Level 4 allocations as data becomes available.15 B. REQUESTED PAYMENT ADJUSTMENTS16 1. If the city, parish, or other school systems and schools have17 documented growth in students prior to the actual Mid-Year Student18 Counts in October and February, a temporary change to the final19 allocation may be requested. The State Superintendent is authorized20 to approve or deny this revision. 21 a. Sufficient documentation will be requested to22 substantiate this requested allocation adjustment.23 b. The adjusted allocation will remain in effect until the24 actual October or February Mid-Year Student Count.25 Once the Mid-Year Student Count is final,26 reconciliation will be completed and payments27 adjusted accordingly.28 C. PAYMENT ADJUSTMENTS FOR AUDIT FINDINGS29 1. Review and/or audit of the systems' or schools' data used in30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 29 of 30 determining their Minimum Foundation Program allocation may result in1 changes in final statistical information. The Minimum Foundation Program2 allocation adjustments necessary as a result of these audit findings will be3 made in the following school year. These adjustments are applicable to the4 following: city or parish school systems, Recovery School District, Type 25 Charter schools, Louisiana State University and Southern University Lab6 schools, Office of Juvenile Justice (OJJ) schools, Special School District7 (SSD), Louisiana School for the Deaf and Visually Impaired (LSDVI),8 Louisiana School for Math, Science and the Arts (LSMSA), and New9 Orleans Center for Creative Arts (NOCCA).10 V. 70% EXPENDITURE REQUIREMENT11 To provide for appropriate accountability of state funds while providing local school12 system flexibility in determining specific expenditures, local school systems must13 ensure that 70% of the local school system general fund expenditures are in the areas14 of instruction and school administration at the school building level as developed by15 the Department of Education and defined by the State Board of Elementary and16 Secondary Education regulations.17 VI. SEVERABILITY PROVISION18 If any provision of this minimum foundation formula or the application19 thereof is held invalid, such invalidity shall not affect other provisions or20 applications of this minimum foundation formula which can be given effect without21 the invalid provisions or applications, and to this end the provisions of this minimum22 foundation formula are hereby declared severable. The severability provision hereof23 shall be broadly construed so as to give effect to each and every possible provision24 or application of this minimum foundation formula which is not specifically held25 invalid, unlawful, or unconstitutional.26 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby27 approve the formula developed by the State Board of Elementary and Secondary Education,28 pursuant to Article VIII, Section 13(B) of the Constitution of Louisiana, to determine the29 cost of a minimum foundation program of education in all public elementary and secondary30 SCR NO. 55 SLS 14RS-56 ORIGINAL Page 30 of 30 schools as well as to equitably allocate the funds to parish and city school systems, and1 adopted by the board on March 13, 2014.2 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Jeanne C. Johnston. DIGEST Appel SCR No. 55 Provides for approval of the 2014-2015 Minimum Foundation Program formula.