The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
SB 267 Reengrossed 2015 Regular Session Claitor
Charter School Enrollment of At-Risk Pupils
Present law (R.S. 17:3973(1)) defines "at-risk pupil" as any pupil about whom at least one of the
following is true:
(1)Is eligible to participate in the federal free or reduced lunch program.
(2)Is under age 20 and withdrawn from school prior to graduation for not less than one
semester.
(3)Is under age 20 and has failed to achieve the required score on any portion of the examination
required for high school graduation.
(4)Is in the eighth grade or below and is reading two or more grade levels below grade level as
determined by one or more of the tests required pursuant to the state accountability system.
(5)Has been identified as a student with an exceptionality as defined in R.S. 17:1942, not
including gifted and talented.
(6)Is the mother or father of a child.
Present law (R.S. 17:1942(B)) defines "student with an exceptionality" as a student with a disability,
who is evaluated according to state and federal regulation or policy and is deemed to have a mental
disability, hearing impairment (including deafness), multiple disabilities, deaf-blindness, speech or
language impairment, visual impairment (including blindness), emotional disturbance, orthopedic
impairment, other health impairment, specific learning disability, traumatic brain injury, autism, or
as deemed to be gifted or talented, and as a result requires special education and related services.
Proposed law retains present law.
Present law (R.S. 17:399B)(1)(a)(i) and (b)) provide as follows relative to charter school enrollment
of at-risk pupils:
(1)For Type 1 and Type 2 charter schools created as new schools, the percentage of the total
number of at-risk pupils (by reason of eligibility to participate in the federal free and reduced
cost lunch program) enrolled in the charter school based on the October 1 pupil membership
shall be equal to not less than 85% of the average percentage of pupils enrolled in the local
public school districts from which the charter school enrolls its students who are eligible to participate in the federal free and reduced cost lunch program. Provides that the remaining
number of pupils enrolled in the charter school which would be required to have the same
percentage of at-risk pupils as the percentage of pupils in the district who are eligible to
participate in the federal free and reduced cost lunch program may be comprised of pupils
who are otherwise at risk as defined in present law.
(2)For Type 2 charter schools created as the result of a conversion, Type 3, and Type 4 charter
schools, the percentage of the total number of at-risk pupils (by reason of eligibility to
participate in the federal free and reduced cost lunch program) enrolled in the charter school
based on the October 1 pupil membership (unless otherwise agreed to as part of the charter
agreement by the chartering authority) shall be equal to not less than the percentage of the
total of pupils enrolled in the school in the school year prior to the establishment of the
charter school that were eligible to participate in the federal free and reduced cost lunch
program.
(3)Notwithstanding the requirements of present law as delineated in (2) above, for Type 2, Type
3, and Type 4 charter schools in Richland Parish, the percentage of the total number of pupils
enrolled in the charter school based on the October 1 pupil membership who are at-risk (by
reason of eligibility to participate in the federal free and reduced cost lunch program) shall
be, as near as practicable, not more than the percentage of the total number of pupils enrolled
in the public and state approved nonpublic schools located in the public school district in
which the charter school is located who are eligible to participate in the federal free and
reduced cost lunch program. Additionally provides that the initial enrollment of such a
school, nor the cohort of students enrolled for each new school year, have (as near as
practicable) fewer than 50% students who are at-risk by reason of eligibility to participate
in the federal free and reduced cost lunch program.
Proposed law retains present law and additionally requires charter schools to enroll students
identified with an exceptionality (other than gifted and talented) proportionally to the percentage of
such pupils enrolled in the local public school district, in the same manner as pupils eligible to
participate in the federal free and reduced lunch program.
Charter School Funding
Present law (R.S. 17:3995(A)(1)) provides that for funding purposes, Types 1, 3, 3B, and 4 charter
schools shall be considered approved public schools of the local school board entering into the
charter agreement and shall receive a per pupil amount each year from the local school board based
on the Oct. 1 membership count of the charter school. Provides that Type 1B and Type 2 charter
schools shall receive a per pupil amount each year authorized by the state board as provided in the
minimum foundation program (MFP) formula.
Present law specifies that the per pupil amount provided to Type 1, 1B, 2, 3, and 4 charter schools
shall be computed annually and shall be equal to no less than the per pupil amount received by the
school district in which the charter school is located from the following sources based on the
district's Oct. 1 membership count: (1)The state-funded per pupil allocation received by the district pursuant to the most recent
legislatively approved minimum foundation program (MFP) formula, including all levels.
(2)Local revenues received during the prior year by the school district from the following
sources:
(a)Sales and use taxes, less any tax collection fee paid by the school district.
(b)Ad valorem taxes, less any tax collection fee paid by the school district.
(c)Earnings from 16th section lands owned by the school district.
Relative to local revenues received during the prior year from the specified sources (see (2) above),
present law provides that such revenues shall exclude any portion which has been specifically
dedicated by the legislature or by voter approval to capital outlay and debt service. Further provides
that such exclusion shall be applicable only to a charter school housed in a facility or facilities
provided by the district in which the charter school is located.
Relative to local revenues received during the prior year from the specified sources (see (2) above),
present law additionally provides that such revenues received by the Orleans Parish School Board
also shall exclude certain other amounts.
Proposed law retains present law, but specifies that the per pupil amount provided to Type 1, 1B, 2,
3, and 4 charter schools shall be equal to the per pupil amount provided through the MFP formula
determined by the allocation weights in the formula based upon special student characteristics or
needs. Further specifies that the per pupil amount provided to such charter schools shall be the per
pupil amount received by the school district in which the student resides instead of the district in
which the charter school is located.
Proposed law retains present law as delineated in (1) above, but specifies that the state-funded per
pupil allocation used for computing the per pupil amount for charter schools will be based upon the
weighted student membership count received by the district pursuant to the most recent legislatively
approved MFP formula including all levels and allocation weights based upon special student
characteristics or needs as provided in the formula.
Present law (R.S. 17:3995(A)(3)) requires a district with one or more Type 3B charter schools to
distribute MFP funds to each Type 1, 3, 3B, and 4 charter school using the weighted allocations
provided for in the most recently adopted MFP formula, but exempts the school board in a parish
that contains a municipality of 300,000 or more persons from using this weighted funding
distribution requirement until the 2018-2019 fiscal year for Type 1 and Type 3 charter schools in
operation prior to the 2013-2014 school year. Specifies that until that time, these schools shall be
funded as provided in present law. Further specifies that for all other Type 1, 3, and 4 charter
schools in such a parish, the school board may request the use of a differentiated distribution
methodology to be approved by the state Dept. of Education prior to implementation. Proposed law deletes these provisions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3991(B)(1)(a)(i) and (b), 3995(A)(1)(intro para) and R.S. 17:3995 (A)(1)(a);
repeals R.S. 17:3995(A)(3)).
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Requires charter schools to enroll students with an exceptionality (other than gifted
and talented) proportionally to the percentage of such pupils enrolled in the local
public school district.