Louisiana 2019 2019 Regular Session

Louisiana House Bill HB62 Engrossed / Bill

                    HLS 19RS-186	ENGROSSED
2019 Regular Session
HOUSE BILL NO. 62
BY REPRESENTATIVE STEVE CARTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS:  (Constitutional Amendment) Provides for appropriations from the Education
Excellence Fund for certain schools
1	A JOINT RESOLUTION
2Proposing to amend Article VII, Section 10.8(C)(3)(b), (c), and (g) of the Constitution of
3 Louisiana and to repeal Article VII, Section 10.8(C)(3)(d) of the Constitution of
4 Louisiana, relative to the Education Excellence Fund; to provide for appropriations
5 from the Education Excellence Fund for the Louisiana Educational Television
6 Authority, Thrive Academy, and laboratory schools operated by public
7 postsecondary education institutions; to provide for submission of the proposed
8 amendment to the electors; and to provide for related matters.
9 Section 1.  Be it resolved by the Legislature of Louisiana, two-thirds of the members
10elected to each house concurring, that there shall be submitted to the electors of the state of
11Louisiana, for their approval or rejection in the manner provided by law, a proposal to
12amend Article VII, Section 10.8(C)(3)(b), (c), and (g) of the Constitution of Louisiana, to
13read as follows:
14 §10.8.  Millennium Trust
15	Section 10.8.  Millennium Trust
16	*          *          *
17	(C) Appropriations.
18	*          *          *
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HB NO. 62
1	(3)  Appropriations from the Education Excellence Fund shall be limited as
2 follows:
3	*          *          *
4	(b)  Appropriations shall be made each year to the Louisiana Educational
5 Television Authority in the amount of seventy-five thousand dollars and to the
6 Louisiana School for the Deaf, the Louisiana School for the Visually Impaired, the
7 Louisiana Special Education Center in Alexandria, the Jimmy D. Long, Sr. Louisiana
8 School for Math, Science, and the Arts, the New Orleans Center for Creative Arts,
9 and the Louis Armstrong High School for the Arts, and Thrive Academy, after such
10 schools are operational, to provide for a payment to each school of seventy-five
11 thousand dollars plus an allocation for each pupil equal to the average statewide per
12 pupil amount provided each city, parish, and local school system pursuant to
13 Subsubparagraphs (d) and  Subsubparagraph (e) of this Subparagraph.
14	(c)  Appropriations may be made for independent public schools which have
15 been approved by the State Board of Elementary and Secondary Education or any
16 city, parish, or other local school system, laboratory schools approved by the State
17 Board of Elementary and Secondary Education and operated by a public
18 postsecondary education institution, and for alternative schools and programs which
19 are authorized and approved by the State Board of Elementary and Secondary
20 Education but are not subject to the jurisdiction and management of any city, parish,
21 or local school system, to provide for an allocation for each pupil, which shall be the
22 average statewide per pupil amount provided in each city, parish, or local school
23 system pursuant to Subsubparagraphs (d) and Subsubparagraph (e) of this
24 Subparagraph.
25	*          *          *
26	(g)  Each recipient school or school system entity shall annually prepare and
27 submit to the state Department of Education, hereinafter the "department", a
28 prioritized plan for expenditure of funds it expects to receive in the coming year
29 from the Education Excellence Fund.  The plan shall include performance
30 expectations to ensure accountability in the expenditure of such monies.  The
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HB NO. 62
1 department shall review such plans for compliance with the requirements of this
2 Subparagraph and to assure that the expenditure plans will support excellence in
3 educational practice.   No funds may be distributed to any school or school system
4 a recipient entity until its plan has received both legislative and departmental
5 approval as provided by law.
6	*          *          *
7 Section 2.  Be it resolved by the Legislature of Louisiana, two-thirds of the members
8elected to each house concurring, that there shall be submitted to the electors of the state of
9Louisiana, for their approval or rejection in the manner provided by law, a proposal to repeal
10Article VII, Section 10.8(C)(3)(d) of the Constitution of Louisiana. 
11 Section 3.  Be it further resolved that this proposed amendment shall be submitted
12to the electors of the state of Louisiana at the statewide election to be held on October 12,
132019.
14 Section 4.  Be it further resolved that on the official ballot to be used at the election,
15there shall be printed a proposition, upon which the electors of the state shall be permitted
16to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
17follows:
18	Do you support an amendment to provide for the Louisiana Educational
19	Television Authority, Thrive Academy, and laboratory schools Education
20	Excellence Fund for Thrive Academy and laboratory schools operated by
21	public postsecondary education institutions? (Amends Article VII, Section
22	10.8(C)(3)(b), (c), and (g); Repeals Article VII, Section 10.8(C)(3)(d))
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 62 Engrossed 2019 Regular Session	Steve Carter
Abstract:  Provides for appropriations from the Education Excellence Fund for the
Louisiana Educational Television Authority, Thrive Academy and laboratory schools
operated by certain entities.
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HB NO. 62
Present constitution provides for one-third of all monies received as a result of the Master
Settlement Agreement of tobacco litigation, which are deposited into the Millennium Trust,
and one-third of the investment earnings on such money to be credited to the Education
Excellence Fund. Provides for appropriations from the Education Excellence Fund as
follows:
(1)15% shall be appropriated to the state superintendent of education for distribution
to private elementary and secondary schools approved by the State Bd. of
Elementary and Secondary Education (BESE).
(2)Appropriations to the La. School for the Deaf, La. School for the Visually Impaired,
La. School for Math, Science & Arts, the La. Special Education Center, the New
Orleans Center for Creative Arts, and the Louis Armstrong High School for the Arts
shall be $75,000 plus the average per pupil amount paid to public schools.
(3)Appropriations equal to the average per pupil amount paid to public schools are
authorized for certain charter schools and alternative schools.
(4)All remaining monies shall be appropriated for each city, parish, and other local
school system on a pro rata basis based on the ratio of the student population of that
school or school system to that of the total state student population.
Present constitution restricts appropriations from the Education Excellence Fund for the
purposes of pre-kindergarten through twelfth grade instructional enhancement, including
early childhood education, remedial instruction, and assistance to children who fail tests
required by state law or rule for advancement to a succeeding grade, or other educational
programs approved by the legislature.  Prohibits use of monies for maintenance, renovations
and capital improvements, salary increases, or to supplant other state or local funding.  
Requires each recipient school or school system to prepare and submit to the Dept. of
Education a prioritized plan for expenditure of funds it expects to receive from the Education
Excellence Fund.  Provides that no funds may be distributed to a school or school system
until its plan has been approved by the department and by the legislature. 
Present constitution requires that amounts appropriated from the Education Excellence Fund
which remain in the state treasury shall remain to the credit of the recipient school or school
system at the close of each fiscal year, along with investment earnings on such amounts.
Proposed constitutional amendment adds that the La. Educational Television Authority shall
receive an appropriation of $75,000.  Proposed constitutional amendment further adds that
the Thrive Academy shall receive an appropriation of $75,000 plus the average per pupil
amount paid to public schools. Authorizes appropriations for laboratory schools approved
by BESE and operated by public postsecondary education institutions equal to the average
per pupil amount paid to public schools.  
Proposed constitutional amendment changes the recipient of the Education Excellence Fund
from a school or school system to an entity. 
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Oct. 12, 2019.
(Amends Const. Art. VII, §10.8(C)(3)(b), (c), and (g); Repeals Const. Art. VII,
§10.0(C)(3)(d))
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HB NO. 62
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
original bill:
1. Add the La. Educational Television Authority as a recipient of the Education
Excellence Fund with an appropriation of $75,000 from the fund.
2. Change the recipient of the Education Excellence Fund from a school or school
system to an entity. 
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