HLS 16RS-1582 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 1111
BY REPRESENTATIVE ABRAMSON
SCHOOLS: Provides for the return of certain schools in the Recovery School District to the
transferring school system
1 AN ACT
2To amend and reenact R.S. 17:3999 and to enact R.S. 17:10.7.1 and 100.11(I), relative to
3 schools transferred to and from the Recovery School District; to provide relative to
4 the return of certain schools from the Recovery School District to the local school
5 system; to provide for the establishment of an advisory committee to assist with the
6 plan for the return of the schools; to provide for the membership and duties of the
7 advisory committee; to provide relative to school facilities and the rights and
8 responsibilities of ownership of facilities of the returned schools; to provide for the
9 powers, duties, and authority of local school boards and superintendents with regard
10 to charter schools under the jurisdiction of the local school board; to provide for
11 applicability; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 17:3999 is hereby amended and reenacted and R.S. 17:10.7.1 and
14100.11(I) are hereby enacted to read as follows:
15 §10.7.1. Return of certain schools in the Recovery School District to the transferring
16 school system; time line; conditions
17 A. The provisions of this Section shall be applicable to any school system
18 from which one or more schools have been transferred to the Recovery School
19 District pursuant to R.S. 17:10.7.
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1 B. To the extent that the provisions of this Section conflict with the
2 provisions of Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950, the
3 provisions of this Section shall prevail.
4 C.(1) Not later than July 1, 2018, each school transferred to the Recovery
5 School District shall be returned to the governance, administration, and jurisdiction
6 of the local school system. However, the local school board may delay the return of
7 a school until July 1, 2019, provided that two-thirds of the members of the board
8 vote to approve such delay.
9 (2) Not later than July 1, 2017, not less than ten schools in the Recovery
10 School District with a school performance score higher than the most recent average
11 state performance score, pursuant to the state school and district accountability
12 system, are encouraged to be returned, with the approval of the local school board.
13 D.(1) Each Type 5 charter school returned to the local school system shall
14 be converted to a Type 3B charter school in accordance with the provisions of R.S.
15 17:3973(2)(b)(vii).
16 (2) The initial term of the charter for such Type 3B charter school shall be
17 equal to the number of years remaining on the school's prior Type 5 charter contract.
18 E.(1) All buildings, facilities, property, and other assets of a school shall be
19 transferred to the local school system at the time the school is returned to the
20 governance, administration, and jurisdiction of the local school system.
21 (2) Notwithstanding the provisions of this Subsection, unless as otherwise
22 agreed to by the Recovery School District and the local school system, subject to any
23 necessary approval by the appropriate federal agency, the following shall apply:
24 (a) A school facility under the control of the Recovery School District that
25 is under construction or scheduled to be under construction pursuant to a federal
26 recovery plan shall remain under the control of the Recovery School District until
27 construction is substantially complete.
28 (b) The Recovery School District and the state Department of Education
29 shall continue to operate as the federal grant applicant for projects completed by the
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1 Recovery School District pursuant to a federal recovery plan and shall retain
2 responsibility for the execution and administration of contractual warranties, grant
3 close-outs, and financing compliance periods for such projects.
4 (c)(i) The Recovery School District shall return all buildings, facilities, and
5 property related to a school returned to the local school system free of any
6 encumbrances, including liens and judgements, other than those financing
7 transactions to which the local school board is a party.
8 (ii) The local school board shall have no obligation to reimburse the
9 Recovery School District, the state Department of Education, or the State Board of
10 Elementary and Secondary Education for any maintenance, alterations, or other
11 repairs made to any of the school's buildings, facilities, or property before the
12 school's return to the local school system.
13 (d) The local school board and its individual members shall be immune from
14 civil liability for any damages arising from acts, omissions, or incidents occurring
15 during the time a school returned to the local school system was under the
16 jurisdiction of the Recovery School District.
17 (e) The local school board and its individual members shall be immune from
18 any liability or responsibility for any obligation, claim, demand for reimbursement,
19 or other indebtedness asserted by the Federal Emergency Management Agency, the
20 United States Department of Housing and Urban Development, or any other federal
21 or state governmental agency or entity with respect to construction projects managed
22 by the Recovery School District.
23 F. In order to support and protect the interests and rights of the children it
24 serves, the local school board:
25 (1) May use local revenues from new or repurposed taxes levied by the board
26 and approved by voters after September 1, 2016, for parish-wide functions or
27 programs specifically approved by the voters.
28 (2) Shall approve contracts for all charter schools under the board's
29 jurisdiction that are limited to provisions which are common to all such charter
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1 contracts, unless terms specific to an individual school are authorized pursuant to
2 policies of the board in accordance with applicable state law.
3 (3) Shall require all charter schools under the board's jurisdiction to
4 participate in the parish-wide enrollment system and student expulsion process,
5 according to policies established by the board.
6 (4) May adopt a policy for charter schools under the school board's
7 jurisdiction that are in good standing in regard to compliance with the board's
8 parish-wide enrollment system and student expulsion process policies, so that such
9 schools shall be exempted from the minimum enrollment percentages required by
10 R.S. 17:3991.
11 (5) May provide a lottery preference for enrollment at elementary and middle
12 schools under the board's jurisdiction for students residing within defined geographic
13 zones as one of the factors to determine student assignment, according to policies
14 adopted by the board. Such preference shall be applied to no more than fifty percent
15 of the seats available in each grade level to ensure that seats in all schools are
16 accessible to students residing outside of a school's respective geographic zones.
17 Notwithstanding the provisions of this Subsection, any Type 1 or Type 3 charter
18 school which was first authorized by the board on, or prior to, July 1, 2016, and
19 whose charter contract includes a geographic preference in accordance with R.S.
20 17:3991, may maintain such preference with the approval of the board, in accordance
21 with board policy adopted for this purpose.
22 (6) May adopt a policy for cooperatively and annually establishing
23 enrollment projections and targets for every school under the school board's
24 jurisdiction and which requires enrollment of additional or fewer students throughout
25 the school year as necessary. The policy may consider factors including past trends
26 in enrollment and school performance.
27 (7) Shall adopt a policy establishing a process which allows the local
28 superintendent to limit the percentage of system enrollment that any single operator
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1 of schools or charter governing authority may serve to ensure that a diverse system
2 of schools led by multiple high quality operators exists at all times.
3 G. In order to determine quality standards for all schools and intervene
4 appropriately in instances when student needs are not being met, the local
5 superintendent shall:
6 (1) Present recommendations to the local school board regarding the
7 approval, extension, renewal, or revocation of the charter for any charter school
8 under the board's jurisdiction.
9 (2) Monitor and require corrective actions by a charter school with respect
10 to compliance with board policy, state law, or terms of the charter contract.
11 (3) Require charter schools under the school board's jurisdiction to
12 temporarily close, dismiss students, or evacuate in the event that there are credible
13 threats of terror or an official state of emergency is declared for the area in which
14 any school under the board's jurisdiction is located.
15 H. In order to ensure the appropriate level of autonomy to enable educators
16 to successfully prepare students for success in college and career:
17 (1) The local school board shall not impede the operational autonomy of a
18 charter school under its jurisdiction, as provided in the school's charter, in the areas
19 of school programming, instruction, curriculum, materials and texts, yearly school
20 calendars and daily schedules, hiring and firing of personnel, employee performance
21 management and evaluation, terms and conditions of employment, teacher or
22 administrator certification, salaries and benefits, retirement, collective bargaining,
23 budgeting, purchasing, procurement, and contracting for services other than capital
24 repairs and facilities construction.
25 (2) With the approval of the local school board, any charter school under the
26 board's jurisdiction may act as its own local educational agency for one or more
27 funding purposes or statutory definitions, in accordance with R.S. 17:3995, and rules
28 adopted by the State Board of Elementary and Secondary Education.
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1 (3) Beginning July 1, 2017, each charter school under the local school
2 board's jurisdiction shall provide for independent test monitoring from a third party
3 entity approved by the local school board.
4 I.(1) The local school superintendent shall convene an advisory committee
5 to assist in the development of a plan to effect the return of schools from the
6 Recovery School District to the local school board.
7 (2) The advisory committee shall be subject to the provisions of the Open
8 Meetings Law, the Public Records Law, and all local school board policies regarding
9 public meetings and public documents.
10 (3) The advisory committee shall be comprised of eleven members as
11 follows:
12 (a) The local school superintendent.
13 (b) The superintendent of the Recovery School District.
14 (c) Two members who shall represent Type 5 charter school operators,
15 appointed by the local school superintendent.
16 (d) Two members who shall represent Type 5 charter school operators,
17 appointed by the superintendent of the Recovery School District.
18 (e) Two members who shall represent either a Type 1 or Type 3 charter
19 school operator, appointed by the local school superintendent.
20 (f) One member who shall represent a school directly operated by the local
21 school board, appointed by the local school superintendent.
22 (g) One member who shall represent an educational advocacy organization,
23 appointed by the local school superintendent.
24 (h) One member jointly appointed by the local school superintendent and the
25 superintendent of the Recovery School District.
26 (4) The advisory committee shall submit the plan to the local school board
27 for approval by September 1, 2016, which shall include:
28 (a) Consideration for equitable funding of all schools under the jurisdiction
29 of the local school board.
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1 (b) An implementation time line that shall include a detailed list of tasks and
2 benchmarks that are appropriately sequenced to efficiently facilitate the return of the
3 school to the local school system.
4 (5) After the local school board has approved the plan, the local school
5 superintendent shall convene the advisory committee as often as he deems necessary,
6 but at least on a quarterly basis, until all schools have been returned from the
7 Recovery School District to the local school system.
8 (6)(a) The local school superintendent shall prepare a written progress report
9 regarding implementation of the approved plan to return schools from the Recovery
10 School District to the local school system not later than December 1, 2016, March
11 1, 2017, June 1, 2017, September 1, 2017, December 1, 2017, March 1, 2018, and
12 June 1, 2018, and submit the report to the following:
13 (i) The State Board of Elementary and Secondary Education.
14 (ii) The local school board.
15 (iii) The Recovery School District.
16 (iv) The state Department of Education.
17 (v) The education committees of the Senate and the House of
18 Representatives.
19 (b) A final report shall be prepared and submitted to the entities enumerated
20 in Subparagraph (a) of this Paragraph not later than August 1, 2018.
21 * * *
22 §100.11. School facilities preservation; certain districts
23 * * *
24 I.(1) Until July 1, 2017, the provisions of this Section shall be implemented
25 in accordance with a plan or agreement between the school board and the Recovery
26 School District.
27 (2) Beginning on July 1, 2017, the provisions of this Section shall be
28 implemented in accordance with the plan approved pursuant to R.S. 17:10.7.1(I).
29 * * *
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1 §3999. Application of Chapter
2 A. All charter schools shall be governed by the law in effect on August 15,
3 2003. Thereafter, if the provisions of this Chapter are amended, all charter schools
4 shall comply with the law as amended within ninety days of its effective date.
5 B. To the extent that the provisions of this Chapter conflict with the
6 provisions of R.S. 10.7.1, the provisions of R.S. 17:10.7.1 shall prevail.
7 Section 2. This Act shall become effective upon signature by the governor or, if not
8signed by the governor, upon expiration of the time for bills to become law without signature
9by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
10vetoed by the governor and subsequently approved by the legislature, this Act shall become
11effective on the day following such approval.
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 1111 Original 2016 Regular Session Abramson
Abstract: Provides relative to the return of certain schools from the Recovery School
District to the local school system.
Present law creates the Recovery School District (RSD) to administer and manage any
public school which fails to meet the standards of the statewide system of accountability.
Present law (R.S. 17:10.5 and 10.7) provides that the RSD shall retain jurisdiction over any
school transferred to it for a period of not less than five school years not including the school
year in which the transfer occurred if the transfer occurred during a school year.
Proposed law, relative to schools transferred to the RSD pursuant to present law, R.S.
17:10.7, requires all such schools to be returned to the governance, administration, and
jurisdiction of the local school system. Requires such return by not later than July 1, 2018,
but permits the school board to delay the return of a school until July 1, 2019, with a two-
thirds vote of the board. Encourages the return of at least 10 schools with certain school
performance scores by July 1, 2017. Provides that all buildings, facilities, property, and
other assets of a returned school also shall be transferred to the local school system.
Provides that the RSD retains control of certain school facilities under construction and
continues to operate as the federal grant applicant (along with the state Dept. of Education)
for certain federal recovery projects.
Proposed law provides that the local school board is not obligated to reimburse the RSD, the
state Dept. of Education, or the State Board of Elementary and Secondary Education for any
maintenance, alterations, or other repairs made to any of the school's buildings, facilities, or
property before the school's return to the local school system. Provides that the local school
board and its individual members are immune from civil liability for any damages arising
from acts, omissions, or incidents occurring during the time a school returned to the local
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school system was under the jurisdiction of the RSD. Further provides that the local school
board and its individual members are immune from any liability or responsibility for any
obligation, claim, demand for reimbursement, or other indebtedness asserted by specified
federal agencies and entities, with respect to construction projects managed by the RSD.
Proposed law provides for the local school board's powers, duties, and authority relative to
the governance of schools under its jurisdiction, including charter schools, as follows:
(1)Authorizes the local board to:
(a)Use local revenues from taxes levied by the board and approved by voters
after September 1, 2016, for parish-wide functions or programs specifically
approved by the voters.
(b)Adopt a policy for certain charter schools to exempt such schools from
present law requirements for minimum enrollment percentages.
(c)Provide a lottery preference for enrollment at elementary and middle schools
for students residing within defined geographic zones. Such preference shall
be applied to no more than 50% of the seats available in each grade level to
ensure that seats in all schools are accessible to students residing outside of
a school's respective geographic zones. Permits certain charter schools to
maintain such preference with the approval of the board.
(d)Adopt a policy for establishing enrollment projections and targets that
provide for enrollment of additional or fewer students throughout the school
year as necessary.
(2)Requires the local board to:
(a)Approve contracts for charter schools that are limited to provisions which are
common to all such charter contracts, with certain exceptions.
(b)Require charter schools to participate in the parish-wide enrollment system
and student expulsion process.
(c)Adopt a process which allows the local superintendent to limit the percentage
of system enrollment that any single operator of schools or charter governing
authority may serve.
Proposed law provides for the local superintendent's powers, duties, and authority relative
to charter schools under the jurisdiction of the local school board as follows:
(1)Requires the superintendent to present recommendations to the local school board
regarding the approval, extension, renewal, or revocation of a charter.
(2)Requires the superintendent to monitor and require corrective actions by a charter
school with respect to compliance with board policy, state law, or terms of the
charter contract.
(3)Requires the superintendent to require charter schools to temporarily close, dismiss
students, or evacuate in the event of threats of terror or an official state of
emergency.
Proposed law requires the local school superintendent to convene an advisory committee to
assist in the development of a plan to effect the return of schools from the RSD to the local
school board. Provides for membership and duties of the advisory committee. Provides that
the advisory committee is subject to the Open Meetings Law, the Public Records Law, and
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all local school board policies regarding public meetings and public documents. Provides
for the plan to be submitted to the local school board for approval and requires the local
superintendent to report in writing on the plan implementation to the State Board of
Elementary and Secondary Education, the local school board, the RSD, the state Dept. of
Education, and the House and Senate education committees.
Proposed law, relative to charter schools under the jurisdiction of the local school board,
provides as follows:
(1)Prohibits the local school board from impeding the operational autonomy of a charter
school in the areas of school programming, instruction, curriculum, materials and
texts, yearly school calendars and daily schedules, hiring and firing of personnel,
employee performance management and evaluation, terms and conditions of
employment, teacher or administrator certification, salaries and benefits, retirement,
collective bargaining, budgeting, purchasing, procurement, and contracting for
services other than capital repairs and facilities construction.
(2)Provides that with the approval of the local school board, a charter school may act
as its own local educational agency for one or more funding purposes or statutory
definitions.
(3)Requires, beginning July 1, 2017, each charter school to provide for independent test
monitoring from a third party entity approved by the local school board.
Present law (R.S. 17:100.11) provides relative to the school facilities preservation program
for the Orleans Parish school system. Provides for funding, structure, and operation of the
program. Proposed law provides that until July 1, 2017, present law shall be implemented
in accordance with a plan or agreement between the local school board and the RSD and
after that date, present law shall be implemented in accordance with the plan approved
pursuant to proposed law (R.S. 17:10.7.1(I)). Otherwise retains present law.
Present law (R.S. 17:3999) provides for the general application of the charter school law.
Proposed law specifies that if present law and proposed law (R.S. 10.7.1) conflict, proposed
law shall prevail.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3999; Adds R.S. 17:10.7.1 and 100.11(I))
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