RÉSUMÉ DIGEST
ACT 91 (SB 432) 2016 Regular Session Peterson
New law provides for the return of certain charter schools from the Recovery School District
(RSD) to the transferring local school system as follows:
(1)New law is only applicable to a school system from which one or more schools were
transferred to the RSD from a school district declared to be "academically in crisis"
in accordance with prior law.
(2)To the extent new law conflicts with the Charter School Law, the provisions of new
law will prevail.
(3)Not later than July 1, 2018, every school transferred to the RSD shall be returned to
the jurisdiction of the local school system from which the school was transferred.
(4)Each Type 5 charter returned to the local school system shall be converted to a Type
3B charter with the authority to act as its own local education agency.
(5)The initial term of the charter for a Type 3B charter which was a former Type 5
charter shall be equal to the number of years remaining on the school's prior Type 5
contract.
(6)Each Type 5 charter school returned to the local school system remains subject to any
active federal consent judgments or settlement agreements as a Type 3B charter
school under the jurisdiction of the local school board.
(7)Requires the RSD to return all buildings, facilities, and property owned by, or under
the control of the RSD, at the time the school is returned to the local school system,
but provides that facilities under the control of the RSD under construction pursuant
to a federal recovery plan will remain with the RSD until construction is substantially
complete. Additionally provides that the RSD and the Dept. of Education (DOE)
shall continue to operate as the federal grant applicant for such projects.
(8)Provides that any assets acquired by the charter school prior to its return to the local
school board remains the property of the charter school.
(9)Requires the RSD to return all buildings, facilities, and property related to a school
which are owned by, or under the control of, the district to the local school system
free of any encumbrances, including liens and judgments, other than those to which
the local school board is a party.
(10)Specifies that the local school board shall have no obligation to reimburse the RSD,
DOE, or BESE for any maintenance, alterations, or other repairs made to any of a
school's buildings, facilities, or property before the school's return to the local school
system.
(11)Exempts the local school board, and its individual members, from civil liability for
any damages arising from acts, omissions, or incidents occurring during the time the
school was under the jurisdiction of the RSD.
(12)Exempts the local school board, and its individual members, from any liability or
responsibility asserted by the Federal Emergency Management Agency (FEMA), the
U.S. Dept. of Housing and Urban Development, or any other federal or state
governmental agency or entity, with respect to construction projects managed by the
RSD.
(13)Provides for local school board duties as follows:
(a)Shall adopt a policy that establishes a process to determine the district-level
funding allocation to be effective beginning July 1, 2017, based upon student
characteristics or needs, as determined by the board, to distribute the total
amount of MFP funds allocated to the local school board and to Type 1, 1B, 3, 3B, 4, and 5 charter schools located within the geographic boundaries of
the local school system.
(b)May use local revenues from new or repurposed taxes approved after Sept. 1,
2016, for parish-wide functions or programs specifically approved by the
voters.
(c)Shall approve charter operating agreements for all charter schools limited to
provisions common to all charters under the board's jurisdiction, unless
otherwise authorized by state law.
(d)Shall require all charter schools to participate in the parish-wide enrollment
system and student expulsion process, in accordance with local board policy.
(e)Allows the board to exempt charter schools in good standing with such board
policy from the minimum enrollment percentages required by the general
charter school law with regard to enrollment of at-risk students.
(f)May provide a lottery preference for enrollment at elementary and middle
schools for students residing within defined geographic zones as a factor to
determine student assignment. Such preference shall be applied to not more
than one-half of the seats available in each grade level. A charter school
authorized on or prior to July 1, 2016, may maintain any existing geographic
preferences.
(g)May adopt a policy to annually establish enrollment projections and targets
for every school under the board's jurisdiction.
(h)Shall adopt a policy establishing a process to allow the local superintendent
to limit the percentage of system enrollment that any single charter operator
or charter governing authority may serve to ensure a diverse system of
schools.
(i)Shall provide for the distribution of deferred local revenues to charter schools
under the board's jurisdiction in any year that such revenues exist. Defines
"deferred local revenues" as the amount of local revenues for distribution to
all charter schools under the board's jurisdiction that vary from the total
amount of local revenues distributed to all charter schools pursuant to prior
law due to a collection of local revenues that is higher or lower than the
amount projected by the board. Further provides that in the event that actual
local revenues are lower than the amount projected, the board may carry
forward the amount of any loss, to be recovered from deferred revenues in
any future year in which such revenues exceed projections, prior to
distribution of such revenues to charter schools.
(14)Requires the local school superintendent to:
(a)Present recommendations to the local school board regarding the approval,
extension, renewal, or revocation of the charter for any charter school under
the board's jurisdiction. Provides that the local superintendent may implement
such recommendations, unless vetoed by a 2/3 vote of the full membership
of the board. Further provides that any such veto shall occur no later than the
first board meeting held after the meeting during which the recommendation
was submitted to the board.
(b)Monitor and require corrective actions by a charter school that does not
comply with board policy, state law, or terms of the charter contract.
(c)Require a school(s) to temporarily close, or dismiss or evacuate students in
case of a threat of terror or declared state of emergency.
(15)Prohibits the local school board from impeding the operational autonomy of a charter
school under its jurisdiction, as provided in the school's charter, in the areas of
programming, instruction, curriculum, materials and texts, school calendars, daily schedules, employment decisions and evaluation, teacher/administrator certification,
salaries and benefits, collective bargaining, budgeting, purchasing, procurement, and
contracting for services other than capital repairs and facilities construction, unless
mutually agreed to by both the charter school's governing authority and the local
school board.
(16)Specifies that a Type 3B charter school may act as its own local education agency.
Further allows any charter school under the school board's jurisdiction, with board
approval, to act as its own local educational agency for funding purposes.
(17)Requires each charter school, beginning July 1, 2017, to provide for independent test
monitoring from a board approved third-party entity.
(18)Requires the local superintendent to develop a plan to effect the return of schools
from the RSD to the local school board that includes:
(a)Consideration for equitable funding for governmental functions deemed
appropriate for the efficient operation of a system of autonomous schools
under the jurisdiction of the local school board.
(b)An implementation time line that shall include a detailed list of tasks and
benchmarks that are appropriately sequenced to efficiently facilitate the return
of schools to the local school system.
(19)Requires the local superintendent to consult with the superintendent of the RSD to
convene an advisory committee to assist in developing the plan.
(20)Provides that the advisory committee be composed of 13 members as follows:
(a)The local school superintendent.
(b)The superintendent of the Recovery School District.
(c)Two members who represent Type 5 charter school operators, appointed by
the local school superintendent.
(d)Two members who shall represent Type 5 charter school operators, appointed
by the superintendent of the RSD.
(e)Two members who represent either a Type 1 or Type 3 charter school
operator, appointed by the local school superintendent.
(f)One member who represents a school directly operated by the local school
board, appointed by the local school superintendent.
(g)One member who represents an educational advocacy organization, appointed
by the local school superintendent.
(h)One member who represents an educational advocacy organization, appointed
by the superintendent of the RSD.
(i)Two members jointly appointed by the local school superintendent and the
superintendent of the RSD.
(21)Requires the local superintendent, after the school board has approved the plan to
return the RSD schools to the local school system, to convene the advisory
committee quarterly and as otherwise deemed necessary, until all schools have been
returned to the local school system.
(22)Requires the local superintendent to prepare a progress report regarding
implementation of the approved plan to return RSD schools to the local school
system not later than 12/1/16, 3/1/17, 6/1/17, 9/1/17, 12/1/17, 3/1/18, and 6/1/18.
Further requires the superintendent to prepare a final report not later than 8/1/18. Provides that all reports shall be submitted to BESE, the local school board, the RSD,
DOE, and the Senate and House committees.
(23)Provides that the final transfer of schools from the RSD to the local school board
may only be postponed by a majority vote of the full membership of the local school
board or the full membership of BESE, and at least one of the following applies:
(a)The local school board is not financially stable.
(b)The local school board lacks a comprehensive expulsion and reentry program
for students.
(c)The local school board cannot assure the stability of employee retirement
benefits.
(d)The local school board cannot ensure or provide sufficient insurance
coverage.
(e)The local school superintendent and the superintendent of the RSD provide
written certification that it is not feasible to meet the time lines, tasks, and
benchmarks established in the plan to effect the return of schools to the
jurisdiction of the local school board.
(f)The advisory committee, by a majority vote of its full membership, officially
requests the local school board or BESE to consider such postponement.
Provides that the local school board or BESE shall consider such postponement at a regular
or special meeting upon official request by a majority vote of the full membership of the
advisory committee.
Provides that any action taken by the local school board or BESE to postpone the final
transfer of schools from the RSD to the local school board must occur no later than January
31, 2018.
Provides that postponement of the final transfer date shall not extend beyond July 1, 2019.
Prior law allowed DOE to retain from state MFP funds allocated to a local public school
system, an amount equal to one quarter of one percent of the fee amount charged to a Type
3B charter school for administrative costs incurred by the department for financial oversight
and monitoring of the school.
New law retains prior law and additionally authorizes DOE to retain such amount for a Type
3B charter acting as its own local education agency and any Type 1, 3, or 4 charter school
acting as its own local education agency pursuant to new law.
Prior law provided that the local school board shall remain the local education agency for any
Type 1, 3, or 4 charter school. New law exempts charter schools authorized to act as their
own local education agency from prior law.
New law requires BESE to promulgate rules in accordance with the Administrative
Procedure Act regarding a charter school acting as its own local education agency pursuant
to new law. Provides that such rules shall:
(1)Delineate the financial and programmatic obligations of the charter school as related
to the receipt of public funds.
(2)Authorize the state superintendent of education to rescind a charter school's authority
to act as its own local education agency if the school fails to meet such financial and
programmatic obligations.
Effective upon signature of the governor.
(Amends R.S. 17:3995(A)(3), (4)(a)(ii), and (I), and 3999; adds R.S. 17:10.7.1, 100.11(I),
and 3995(K))