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 98 Original 2016 Regular Session Smith
Abstract: Removes BESE's authority to certify local charter authorizers, thus eliminating the
possibility of local charter authorizers serving as chartering authorities and the possibility of
the establishment of Type 1B charter schools.
Present law defines a "chartering authority", relative to the establishment of charter schools, as a
local school board, the State Board of Elementary and Secondary Education (BESE), or a "local
charter authorizer". Defines a "local charter authorizer" as a group certified by BESE to enter into
agreements with chartering groups. Authorizes any chartering authority to enter into any charter it
finds valid, complete, financially well-structured, and educationally sound.
Proposed law eliminates local charter authorizers from the definition of "chartering authority" and
removes the authority of local charter authorizers to enter into charters, thus providing that only local
school boards and BESE have this authority.
Present law defines seven types of charter schools and provides a chartering process for each type.
Defines a Type 1B charter school as a new school or a preexisting public school operated as the
result of and pursuant to a charter between the nonprofit corporation created to operate the school
and a local charter authorizer. Proposed law eliminates Type 1B charter schools as a type of charter
school in conformity with elimination of local charter authorizers.
Present law provides for BESE's powers and duties relative to local charter authorizers, including
certifying them as such, and for the powers and duties of local charter authorizers, including
approving or denying charter proposals. Proposed law repeals present law and removes all other
statutory references to local charter authorizers and Type 1B charter schools. Otherwise retains
present law relative to charter schools.
Proposed law provides that should BESE certify any local charter authorizer, such certification is
null and void.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3973(2)(a) and (3), 3982(B)(1) and (2)(a), 3983(A)(4)(a) and (d) and (B)(2),
3991(H), 3995(A)(1)(intro. para.) and (c), (3)(b), and (4)(a)(i) and (H), 3996(G), and 4001(A) and
(C)(1) and (2); Repeals R.S. 17:3973(2)(b)(vi) and (4), 3974(A), 3981.1, 3981.2, and 3983(A)(2)(d),
(D)(2), and (E)(3))