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)]
HB 537 Original 2015 Regular Session Smith
Abstract: Specifies relative to "right of use" of a school building and requires maintenance and
repair of such property by the RSD, provides for return of school property to the local school
system in cases of underutilization or neglect of such property by the RSD, and further
requires charter schools to use a school building for the grade levels for which the building
was originally purchased or transferred.
Recovery School District
Present law provides for the creation, governance, and operation of the Recovery School District
(RSD). Further provides that the RSD is established to provide an appropriate education for children
attending any public elementary or secondary school operated under the jurisdiction and direction
of any city, parish, or other local public school board or any other public entity which has been
transferred to its jurisdiction pursuant to present law.
Present law provides for two types of transfers to the school district; one for failing schools (R.S.
17:10.5) and the other for schools in districts in academic crisis (an R.S. 17:10.7, which are schools
limited to Orleans Parish). Proposed law retains present law.
Present law provides that for both an R.S. 17:10.5 and an R.S. 17:10.7 transfer, the school district
is granted the right to use any school building and all facilities and property otherwise part of the
school and have access to such additional facilities as are typically available to the school, its
students, faculty, and staff. Proposed law retains present law.
Proposed law further provides that the right of use of school facilities is unrestricted, except that the
school district must provide routine maintenance and repair as needed but extensive repairs must be
provided by the public school system from which the property was transferred. Proposed law
requires that all repairs, including extensive repairs, are the responsibility of the school district.
Present law provides additional authorities regarding property used pursuant to an R.S. 17:10.7
transfer. Proposed law retains and specifies the applicability of present law to only the R.S. 17:10.7
transfers.
Proposed law sets forth the legal limitations inherent in the right of use of property (including
buildings and facilities) conferred under an R.S. 17:10.5 transfer by specifying that such right does
not include the alienation of the property such as selling, leasing, exchanging, or destroying the
property. Proposed law provides that for transfers made pursuant to R.S. 17:10.5, when a school building is
not being used for educational purposes, the right of use of the building reverts to the school system
from which it came. Proposed law defines "educational purpose" and "building". Proposed law
provides that any attempt by the school district to exceed the extent of its right of use or fails to
maintain or repair the property creates a presumption that the district lacks an educational purpose
for the building.
Charter Schools
Present law, relative to assets of charter schools, provides that any asset acquired by a charter school
is the property of the school for the duration of the school's charter agreement. Provides, if a school's
charter agreement is revoked or the school otherwise ceases to operate, that any asset purchased with
public funds become the property of the chartering authority. (The "chartering authority" is a local
school board, a local charter authorizer, or the State Board of Elementary and Secondary Education
(BESE). A local charter authorizer is an entity certified by BESE to enter into agreements with
chartering groups to establish a charter school.) Provides that assets that become the property of a
local charter authorizer pursuant to present law must be used solely for purposes of operating charter
schools. Present law does not apply to Type 4 charter schools, which are chartered by local school
boards and assets acquired by a Type 4 charter school are the property of the local school board.
Proposed law provides that a school building of a charter school which was purchased or renovated
with public funds, including a school building transferred for use to a charter school, must be used
for the same grade or grade levels for which the building was originally acquired or transferred.
Proposed law further provides that a school building not so used becomes the property or otherwise
under the control of the chartering authority and must be used solely for charter school students in
the grade level or levels for which the school building was originally acquired or transferred. In the
case of a Type 5 school (preexisting public school transferred to the Recovery School District) which
is not being used by the local charter authorizer for educating students in the grade level or levels
for which the building was originally acquired or transferred, such building is to be returned to the
local public school system.
(Amends R.S. 17:1990(B)(4)(a) and 3991(H); Adds R.S. 17:1990(B)(4)(b)(v) and (c))