HLS 19RS-97 ORIGINAL 2019 Regular Session HOUSE CONCURRENT RESOL UTION NO. 1 BY REPRESENTATIVE NANCY LANDRY Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. SCHOOLS/FINANCE-MFP: Provides for legislative approval of the MFP formula for the 2019-2020 school year 1 A CONCURRENT RESOL UTION 2To provide for legislative approval of the formula developed by the State Board of 3 Elementary and Secondary Education pursuant to Article VIII, Section 13(B) of the 4 Constitution of Louisiana to determine the cost of a minimum foundation program 5 of education in all public elementary and secondary schools as well as to equitably 6 allocate the funds to parish and city school systems, and adopted by the board on 7 March 13, 2019. 8 WHEREAS, the minimum foundation program formula for the 2019-2020 Fiscal 9Year as adopted by the State Board of Elementary and Secondary Education on March 13, 102019, reads as follows: 11 PROPOSED 12 FY 2019-2020 MINIMUM FOUNDATION PROGRAM FORMULA 13 The FY 2019-2020 Minimum Foundation Program (MFP) formula was adopted by 14 the State Board of Elementary and Secondary Education on March 13, 2019. The 15 formula determines allocations for city, parish, or other public school systems or 16 schools. The definition of city, parish, or local public school systems and schools 17 shall include city or parish school systems, Recovery School District including direct 18 operated and Type 5 charter schools, Louisiana School for Math, Science, and the 19 Arts (LSMSA), New Orleans Center for Creative Arts (NOCCA), THRIVE, New 20 Type 2 Charter schools, Legacy Type 2 Charter schools, Type 3B Charter schools, 21 Office of Juvenile Justice (OJJ) schools, and Louisiana State University, Southern Page 1 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 University, and University of Louisiana at Lafayette Lab schools. The formula is 2 divided into four calculations as follows: 3 Level 1 determines the minimum cost of education based on the education 4 needs of each student. The cost includes funding for students enrolled in city 5 and parish school systems, Recovery School District operated and Type 5 6 Charter schools, New Type 2 Charter schools, and Type 3B Charter schools. 7 The cost is then shared equitably between the State and the city and parish 8 school systems based on the ability of the systems to support education in 9 their communities through local sales and property tax revenues. 10 Level 2 provides an incentive for city and parish school systems to support 11 education in their communities above the minimum level of financial support 12 required. 13 Level 3 provides specific legislative education funding to city and parish 14 school systems for teacher and support worker pay raises, the Historical 15 Formula Allocation, and mandated operating costs. 16 Level 4 provides additional funding including: 17 ! Supplementary funding to meet specific needs at city, parish, 18 or other local school systems and schools including Foreign 19 Associate Teacher Salary and Stipends Allocation, Career 20 Development Allocation, High Cost Services Allocation, and 21 Supplemental Course Allocation. 22 ! Allocations for State-approved public school systems or 23 schools including Legacy Type 2 Charter schools, Louisiana 24 State University, Southern University, and University of 25 Louisiana at Lafayette Lab schools, New Orleans Center for 26 Creative Arts (NOCCA), Louisiana School for Math, Science, 27 and the Arts (LSMSA), THRIVE, and Office of Juvenile 28 Justice (OJJ) schools. Page 2 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 ! Mid-Year Allocation Adjustments to account for mid-year 2 increases and decreases in students in all city, parish, or other 3 local public school systems or schools. 4 State MFP funds shall only be expended for educational purposes. 5 Expenditures for educational purposes are those expenditures related to the 6 operational and instructional activities of city, parish, or other public school 7 systems or schools to include: instructional programs, pupil support 8 programs, instructional staff programs, school administration, general 9 administration, business services, operations and maintenance of plant 10 services, student transportation services, food services operations, enterprise 11 operations, community services operations, facility acquisition, and 12 construction services and debt services as defined by Louisiana Accounting 13 and Uniform Governmental Handbook, Bulletin 1929. 14I. FORMULA CALCULATIONS 15A. Level 1: Calculate State and Local Cost Allocation 16 1. Determine Educational Costs 17 Eligible students from the following school systems and schools will be counted in 18 both the Base and Weighted Student Memberships: 19 a. City and Parish school systems. 20 b. State-Approved Public Schools - The student counts of New Type 2 21 Charter Schools shall be included in the membership and weighted 22 student counts of the city or parish school system in which the 23 student resides. 24 c. Recovery School District - The student membership and weighted 25 student counts of schools transferred to the Recovery School District, 26 both direct operated and Type 5 Charter schools, shall continue to be 27 included in the membership and weighted student counts of the city 28 or parish school system from which jurisdiction of the school was 29 transferred. 30 STEP ONE: Determine the Number of Eligible Students for the Base Count Page 3 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 The formula first counts each of the students enrolled on February 1 to determine the 2 cost of education services. The formula utilizes the February 1 Student Membership 3 Count to allocate funding beginning in July. The students eligible to be counted are 4 identified in the Student Membership Definition adopted by the State Board of 5 Elementary and Secondary Education. These students are counted as one (1.0) in the 6 formula. 7 STEP TWO: Determine the Number of Students Eligible for the Weighted 8 Student Count 9 The formula recognizes that providing educational services to meet the needs of 10 particular students is more costly than regular educational services. Each special 11 characteristic or need is given a numerical value referred to as a weight. The special 12 needs of each student are taken into consideration by multiplying the student count 13 for each eligible child (1.0) by each of the weights. This calculation provides 14 additional students that are then added to the February 1 Student Membership Count 15 to equal the Total Weighted Student Membership Count. The students and units 16 eligible to be counted are identified in the Student Membership Definition adopted 17 by the State Board of Elementary and Secondary Education. The following are the 18 additional costs recognized by the formula: 19 Low Income and English Language Learner Weight - The formula recognizes 20 that students living in poverty or students with a native language other than English 21 are more likely to require additional educational services to be successful. To 22 recognize that these services require additional costs, students that qualify for free 23 or reduced price meals under the United States Department of Agriculture (USDA) 24 School Food Service Program guidelines, or an alternative count as defined in the 25 Student Membership Definition, and students identified as an English Language 26 Learner are provided a weight of 22%. 27 Career and Technical Education Weight - The formula recognizes that the cost of 28 providing materials and equipment, and teacher credentialing and training, for Career 29 and Technical Education courses is above and beyond the cost of traditional Page 4 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 academic education. Each secondary career and technical education course in which 2 a student is enrolled in both the fall and spring semesters is provided a weight of 6%. 3 Special Education Weight - The formula addresses the extra cost associated with 4 the delivery of services required in order to meet the needs of students with 5 disabilities. Students with disabilities that have an Individualized Education 6 Program (IEP) plan developed according to State Board of Elementary and 7 Secondary Education regulations are provided a weight of 150%. 8 Gifted and Talented Weight -The formula recognizes the cost of providing 9 educational services to Gifted and Talented students that have an Individualized 10 Education Program (IEP) Plan developed according to State Board of Elementary 11 and Secondary Education regulations and are provided a 60% weight. 12 Economy of Scale Weight - This weight is provided for city or parish school 13 systems to recognize a base amount of funding for fixed overhead costs that should 14 be provided when student populations equal 7,500 students or less. The Economy 15 of Scale Weight is calculated as a curvilinear weight of 20% at a student membership 16 count of zero down to 0% at a student membership count equal to or greater than 17 7,500. To calculate this weight, the February 1 Student Membership Count for each 18 city and parish school system is subtracted from 7,500 and divided by 37,500. The 19 result of this calculation is then multiplied by each system's February 1 Student 20 Membership Count to determine the weighted students. 21 STEP THREE: Determine Total Weighted Student Membership Count 22 Formula: 23 Total Weighted Student Membership Count 24 Equals 25 February 1 Student Membership Count (1.0) 26 Plus 27 Low Income and English Language Learner Weight 28 Career and Technical Education Weight 29 Special Education Weight 30 Gifted and Talented Weight Page 5 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Economy of Scale Weight 2 STEP FOUR: Identify the State and Local Base Cost Per Pupil 3 Formula: 4 The State and Local Base Cost Per Pupil shall equal $4,015. 5 STEP FIVE: Determine Total MFP Educational Costs 6 Formula: 7 Total MFP Educational Costs 8 Equals 9 Total Weighted Student Membership Count 10 Multiplied by 11 State and Local Base Cost Per Pupil 12 2. Determine State and Local Cost Allocation 13 The Total MFP Educational Costs are shared between the State and the city or parish 14 school systems. The ability of school systems to support the cost of education in 15 their communities is measured by the potential to raise local revenue. This potential 16 contribution is measured by the following three factors using the latest available data 17 as reported through the Annual Financial Report (AFR) as required by R.S. 17:92: 18 1. Local Property Tax Revenue Contribution 19 2. Local Sales Tax Revenue Contribution 20 3. Other Local Revenue Contribution 21 STEP ONE - Determine the Local Property Tax Revenue Contribution 22 Formula: 23 Local Property Tax Revenue Contribution 24 Equals 25 State Computed Property Tax Millage (debt and non-debt) 26 Times 27 Net Assessed Property Value 28 Net Assessed Property Value Increase Cap - If a school system's Net Assessed 29 Property Value has increased equal to or greater than 10% over the prior year Net 30 Assessed Property Value, then the growth in the Net Assessed Property Value is Page 6 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 capped at 10%. This cap is applied on a year-to-year basis comparing the current 2 year Net Assessed Property Value to the prior year uncapped Net Assessed Property 3 Value. 4 Computed Property Tax Millage - The Computed Property Tax Millage is calculated 5 annually at the rate necessary to maintain a state and local allocation ratio of 6 65%/35%. 7 STEP TWO - Determine the Local Sales Tax Revenue Contribution 8 Formula: 9 Local Sales Tax Revenue Contribution 10 Equals 11 Computed Sales Tax Base (debt and non-debt) (including TIF areas) 12 Multiplied By 13 State Computed Sales Tax Rate 14 Mid-Year Rate Increases - If a local school system's sales tax goes into effect 15 during the fiscal year, the tax rate is prorated to an annual rate applicable for the total 16 revenue generated. 17 Sales Tax Increase Cap - If a system's Computed Sales Tax Base increased equal 18 to or greater than 15% over the Computed Sales Tax Base calculated in the prior year 19 formula, then the growth in the Computed Sales Tax Base will be capped at 15% 20 over the amount used in the prior year formula. This cap will be applied on a 21 year-to-year basis comparing the current year sales tax base to the prior year 22 uncapped sales tax base. 23 Computed Sales Tax Rate - The Computed Sales Tax Rate is calculated annually 24 at the rate necessary to maintain a state and local allocation ratio of 65%/35%. 25 STEP THREE - Determine Other Local Revenue Contribution 26 Formula: 27 Other Local Revenue Contribution 28 Equals 29 State Revenue in lieu of taxes 30 Plus Page 7 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Federal Revenue in lieu of taxes 2 Plus 3 50% of Earnings on Property 4 STEP FOUR - Determine Local Cost Allocation 5 Formula: 6 Local Cost Allocation 7 Equals 8 Property Tax Contribution 9 Plus 10 Sales Tax Contribution 11 Plus 12 Other Revenues Contribution 13 STEP FIVE - Determine State Cost Allocation 14 Formula: 15 State Cost Allocation 16 Equals 17 Total State and Local Cost 18 Minus 19 Local Cost Allocation 20 Minimum State Cost Allocation - In no event shall the State Cost Allocation be less 21 than 25% of Total Level 1 Cost for any city or parish school system. 22 B. Level 2: Incentive for Local Effort 23 Level 2 provides incentives for city and parish school systems that contribute a 24 greater proportion of local revenues towards the cost of education in their 25 communities by increasing local property and sales tax revenues. This effort is 26 measured using the latest available data for the following sources of revenue as 27 reported in the Annual Financial Report (AFR) as required in R.S. 17:92. 28 1. Total Sales Taxes 29 2. Total Property Taxes 30 3. State and Federal Revenue in Lieu of Taxes Page 8 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 4. 50% Earnings on Property Revenue 2 STEP ONE - Determine Eligible Local Revenue 3 Formula: 4 Eligible Local Revenue 5 Equals 6 Total Sales Tax Revenue 7 Plus 8 Total Property Tax Revenue 9 Plus 10 State and Federal Revenue in Lieu of Taxes 11 Plus 12 50% of Earnings on Property Revenue 13 STEP TWO - Determine Local Revenue Eligible for Incentive 14 Formula: 15 Local Revenue Eligible for Incentive 16 Equals 17 Eligible Local Revenue 18 Minus 19 Local Cost Allocation 20 STEP THREE - Determine the Limit on Revenue Eligible for Incentive 21 Formula: 22 Limit on Revenue Eligible for Incentive 23 Equals 24 Total State and Local Cost Allocation 25 Multiplied by 26 34% 27 STEP FOUR - Determine Local Support of Level 2 Incentive 28 Formula: 29 Local Support of Level 2 Incentive 30 Equals Page 9 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Lesser of Local Revenue Eligible for Incentive or Limit on Local 2 Revenue Eligible for Incentive 3 Multiplied by 4 Local Cost Allocation Percentage (Level 1) 5 Multiplied by 6 Level 2 Incentive Factor 7 Level 2 Incentive Factor - The Level 2 Incentive Factor determines the amount of 8 local support required in Level 2. In FY 2014-2015, the Level 2 Incentive Factor is 9 established at 1.72. 10 STEP FIVE - Determine State Cost of Level 2 Incentive 11 Formula: 12 State Support of Level 2 Incentive 13 Equals 14 Lesser of Local Revenue Eligible for Incentive or Limit on Local 15 Revenue Eligible for Incentive 16 Minus 17 Local Support of Level 2 Incentive 18 C. Level 3: Legislative Allocations 19 Level 3 provides funding for three programs that address funding for school systems 20 and schools regarding teacher and support worker pay raises, historical formula 21 allocations, and mandated operating costs, and are in addition to allocations provided 22 in Level 1 and 2. These allocations are as follows: 23 Formula: 24 Total Level 3 Legislative Allocations 25 Equals 26 Continuation Pay Raises 27 Plus 28 Historical Formula Allocation 29 Plus 30 Mandated Costs in Health Insurance, Retirement, and Fuel Page 10 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 STEP ONE: Calculate Continuation Funding for Pay Raises 2 1. Certificated Personnel Pay Raises were implemented in four recent years to 3 assist in increasing Teacher and School Leader pay to the Southern Regional 4 Average. These funds continue to be provided directly to systems and schools to 5 support these increased salaries. 6 a. Certificated Personnel Pay Raises provided in 2001-2002, 7 2006-2007, 2007-2008, and 2008-2009 will continue for each 8 school system and school based on the calculated per pupil 9 amount times the February 1 Student Membership Count. 10 2. Non-certificated Support Worker Pay Raises were implemented in 11 three recent years to assist with increasing these salaries. 12 a. Non-certificated Support Worker Pay Raises provided in 13 2002-2003, 2006-2007, and 2007-2008 will continue for each 14 school system and school based on the calculated per pupil 15 amount times the February 1 Student Membership Count. 16 3. This provision applies to city and parish school systems, Recovery 17 School District, New Orleans Center for Creative Arts (NOCCA), Louisiana 18 School for Math, Science, and the Arts (LSMSA), THRIVE, Legacy Type 2 19 Charter Schools, New Type 2 Charter Schools, Type 3B Charter Schools, 20 Louisiana State University, Southern University, and University of Louisiana 21 at Lafayette Lab schools, and Office of Juvenile Justice (OJJ). 22 STEP TWO: Calculate Historical Formula Allocations 23 Allocations for Insurance and Pay Raises - The following school systems 24 are being provided continuing funding for the 1994 insurance supplement 25 and employee pay raises provided by the Legislature beginning in 1997 26 through 1999: East Baton Rouge, Iberville, Jefferson, Lafayette, 27 Plaquemines, Pointe Coupee, St. Charles, St. James, and West Feliciana. 28 Redistribution Allocation - After setting aside the insurance and pay raise 29 funding, the balance of the “Hold Harmless” funding was removed from 30 these school districts over ten years from 2006-2007 to 2016-2017: Page 11 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Concordia, East Baton Rouge, Evangeline, Iberville, Jefferson, Plaquemines, 2 St. Charles, St. James, and West Feliciana. 3 The amount of funding removed from the districts listed above is reserved 4 and redistributed to the remaining school districts. The total amount is 5 divided by the total number of students within these same districts to 6 calculate a per pupil amount. The allocation is determined using the per 7 pupil amount multiplied by the current year student count. 8 STEP THREE: Determine Allocation for Increasing Mandated Costs in Health 9 Insurance, Retirement, and Fuel 10 City and parish school systems shall receive a minimum of $100.00 for each 11 student in the prior year February 1 membership to offset these increasing 12 operational costs. 13 STEP FOUR: Calculate 2019-20 Certificated and Non-Certificated Pay Raises 14 1. Certificated Personnel Pay Raise 15 Each city, parish, or other public school district or school shall receive 16 $1,000 plus 26.0% for the employer contribution to the appropriate 17 retirement system based on Profile of Educational Personnel (PEP) data as 18 of October 1 to provide an across the board $1,000 pay raise and any 19 associated retirement for K-12 classroom educators and other certificated 20 K-12 personnel defined per Louisiana Department of Education Bulletin 21 1929 to include: 22 Teachers (all function codes 1000-2200s, object code 112); 23 Therapists/Specialists/Counselors (function codes 1000- 24 2200s, object code 113); School Site-based Principals, 25 Assistant Principals, and Other School Administrators 26 (function code 2400s, object code 111); Central Office 27 Certificated Administrators (function codes 1000-2200 & 28 2324, 2831, and 2832 (excluding 2130s), object code 111); 29 School Nurses (function code 2134, object code 118); and Page 12 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Sabbaticals (function codes 1000-2200s, 2134, and 2400s, 2 object code 140). 3 2. Non-Certificated Personnel Pay Raise 4 Each city, parish, or other public school district or school shall receive $500 5 plus 29.4% for the employer contribution to the appropriate retirement 6 system based on the Profile of Educational Personnel (PEP) data as of 7 October 1 to provide an across the board $500 pay raise and associated 8 retirement for non-certificated K-12 personnel defined per Louisiana 9 Department of Education Bulletin 1929 to include: 10 Aides (function codes 1000-4900s, object code 115); Support 11 Supervisors (function codes 2130s, 2300s (excluding 2311, 2321, 12 2324, 2831 and 2832) and 2500- 4900s, object code 111); 13 Clerical/Secretarial (function codes 1000-4900s, object code 114); 14 Service Workers (function codes 1000-4900s, object code 116); 15 Skilled Craftsmen (function codes 1000-4900s, object code 117); 16 Degreed Professionals (function codes 1000-4900s, (excluding 17 2134s) object code 118); and Other Personnel (function codes 18 1000-4900s, object codes 100, 110 and 119). 19 The following formula is applied to determine the Level 1, 2, and 3 State Cost 20 Allocation Per Pupil: 21 Formula: 22 Level 1, 2, and 3 State Cost Allocation Per Pupil 23 Equals 24 Level 1 State Cost Allocation Per Pupil 25 Plus 26 Level 2 State Cost Allocation Per Pupil 27 Plus 28 Level 3 State Cost Allocation Per Pupil 29 D. Level 4: Supplementary Allocations Page 13 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 1.Specific Needs Allocations 2 Specific Needs Allocations provide funding for four allocations for specific purposes 3 and is in addition to system level allocations from Levels 1, 2, and 3. These 4 allocations are as follows: 5 Formula: 6 Total Level 4 Supplementary Allocations 7 Equals 8 Foreign Language Associate Program Salary and Stipend Allocation 9 Plus 10 Career Development Allocation 11 Plus 12 High Cost Services Assistance Allocation 13 Plus 14 Supplemental Course Allocation 15 STEP ONE: Calculate Foreign Language Associate Salary and Stipend 16 Allocation 17 Salary Allocation - Any city, parish, or other public school system or school 18 employing a Foreign Language Associate or a graduate of the Escadrille Louisiane 19 program shall receive a supplemental allocation from State Board of Elementary and 20 Secondary Education of $21,000 per teacher. The state shall maintain support of the 21 Foreign Language Associate program at a maximum of 300 Foreign Language 22 Associates employed in any given year. 23 These teachers shall be paid by the employing city, parish, or other local 24 public school system or school at least the state average classroom teacher salary 25 (without PIP) by years of experience and degree beginning with year three. Of the 26 $21,000 allocation, $20,000 shall be allocated to the school where the teacher is 27 employed and the funds used to support the total cost of the teacher salary, and the 28 remaining amount shall be associated with costs of VISA sponsorship pursuant to 29 State Board of Elementary and Secondary Education regulations. Page 14 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Stipend Allocation - First year teachers will receive an installation incentive 2 of an additional $6,000; second and third year teachers will receive a retention 3 incentive of an additional $4,000. These amounts must be provided to each Foreign 4 Associate Teacher or Escadrille Louisiane graduate by each school district or school 5 in which they are employed. 6 STEP TWO: Career Development Allocation 7 The cost of providing materials and equipment and teacher credentialing and 8 training to attain a statewide industry-based credential is above and beyond the cost 9 typically required for high school courses. An allocation will be provided to support 10 the development of these technical courses required for statewide credentials in city 11 and parish school systems and other public schools. 12 The first step in the allocation is to calculate six percent (6%) of the MFP 13 State and Local Base Cost Per Pupil to determine the Career Development Per Pupil 14 Amount. The Career Development Per Pupil Amount will be provided for each 15 qualifying student course enrollment in grades 9 through 12. 16 If a city or parish school system receives less than $25,000 from the Career 17 Development Per Pupil Amount, then the city or parish school system will be 18 provided an economies of scale minimum allocation of $25,000. If other public 19 school systems and schools containing grades 9 through 12 receive less than $10,000 20 from the Per Pupil Amount, then the other public school systems and schools 21 containing grades 9 through 12 will be provided an economies of scale minimum 22 allocation of $10,000. 23 Formula: 24 Career Development Allocation Per Pupil 25 Equals 26 MFP State and Local Base Cost Per Pupil 27 Multiplied By 28 Six Percent (6%) 29 Formula: Page 15 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Career Development Allocation 2 Equals 3 Career Development Allocation Per Pupil 4 Multiplied By 5 Number of Student in Qualifying Courses in Grades 9 through 12 6 STEP THREE: Calculate High Cost Services Assistance 7 High cost services for students with disabilities generate a particular budget 8 challenge for city, parish, and other public school systems and schools. 9 In an effort to assist with these expenses, an allocation will be provided to 10 city, parish, and other public school systems and schools which submit 11 documentation as required by the Louisiana Department of Education substantiating 12 that the prior year cost of services for a specific student exceeds three times the most 13 recent state average total expenditure per pupil amount. 14 Once costs associated with providing services for a student with a disability 15 or disabilities have been verified, the city or parish school system or other public 16 school will be eligible to receive an allocation to assist with these costs. The 17 allocation will be limited by the amount budgeted for the High Cost Services 18 Assistance Allocation. So as to be equitably distributed, the total allocation provided 19 to city and parish school systems versus other public schools shall be proportional 20 to the share of total qualifying applications submitted by city and parish school 21 systems versus other public schools. 22 The first step in the allocation will be to calculate the impact of these costs 23 on the budget of the school system or school using the latest available state and local 24 revenue data. The High Cost Services requested for reimbursement will be reduced 25 by the MFP state and local amount allocated on behalf of each student from Levels 26 1, 2, and 3. The next step will rank the Percent (%) Impact from highest to lowest 27 percent, with two separate rank listings for school systems and other public schools. 28 Formula: 29 Percent (%) Impact on Budget 30 Equals Page 16 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Cost of Services 2 Divided By 3 Total State and Local Revenue 4 The two ranked listings will be divided into four tiers and allocations will be 5 provided based on a percentage from one hundred percent reimbursement in the 6 highest funded tier with smaller percentages reimbursed in the lower tiers based on 7 where the school system or school falls within the tiers on one of the two lists. 8 STEP FOUR: Calculate Supplemental Course Allocation 9 Pursuant to R.S. 17:4002.1 through 4002.6, the Supplemental Course 10 Allocation shall provide for the cost of secondary course choices specifically 11 approved by the State Board of Elementary and Secondary Education. For each city 12 and parish school system and other public school, the allocation shall equal the 13 number of students enrolled in grades 7 through 12 as of February 1 each year 14 multiplied by $59 per pupil. 15 Formula: 16 Supplemental Course Allocation for School Systems or Other Public 17 Schools 18 Equals 19 Supplemental Course Allocation Per Pupil 20 Multiplied By 21 Number of Students in Grades 7 through 12 22 If the entire allocation is not committed by the city or parish public school 23 systems or other public school by a date set forth by the Louisiana Department of 24 Education, the original allocation will be reduced by the uncommitted amount. The 25 total uncommitted amount from each city or parish public school systems or other 26 public school will be reallocated to those city or parish public school systems or 27 other public schools that obligated one hundred percent of their original allocation 28 based on criteria set forth by the Louisiana Department of Education. 29 2.Allocations for Other Public Schools 30 STEP ONE: Louisiana State University, Southern University, and University 31 of Louisiana at Lafayette Laboratory Schools Page 17 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 1. State Cost Allocation 2 a. The February 1 Student Membership count at the Louisiana 3 State University, Southern University, and University of Louisiana 4 at Lafayette Lab Schools shall be multiplied by the Average State 5 Cost Allocation Per Pupil to equal the Louisiana State University, 6 Southern University, and University of Louisiana at Lafayette Lab 7 Schools State Cost Allocation. 8 b. Funds appropriated for these schools shall be allocated to the 9 institution of higher education operating such a school. Each such 10 institution of higher education shall ensure the equitable expenditure 11 of such funds to operate such schools. 12 STEP TWO: Legacy Type 2 Charter Schools 13 A Legacy Type 2 Charter school is a Type 2 Charter school approved by the State 14 Board of Elementary and Secondary Education before July 1, 2008. 15 1. State Cost Allocation 16 a. Any Legacy Type 2 Charter school shall annually be allocated 17 funds as determined by applying the formula contained in R.S. 18 17:3995. 19 b. The State Cost Allocation equals the number of students 20 multiplied by the State Per Pupil for the system where the student 21 resides. 22 2. Local Cost Allocation 23 a. Any Legacy Type 2 Charter school shall annually be allocated 24 funds as determined by applying the formula contained in R.S. 25 17:3995. Page 18 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 b. The Local Cost Allocation equals the number of students 2 multiplied by the Local Per Pupil for the system where the student 3 resides. 4 c. For any student enrolled in a Legacy Type 2 Charter school, 5 the Local Cost Allocation shall be funded by the State. 6 3. The exclusion of any portion of local revenues specifically dedicated 7 by the legislature or by voter approval to capital outlay or debt 8 service shall be applicable only to a charter school housed in a 9 facility or facilities provided by the district in which the charter 10 school is located. 11 STEP THREE: Office of Juvenile Justice (OJJ) Schools 12 1. Eligible Schools - Any elementary and secondary school operated by 13 the Office of Juvenile Justice (OJJ) in a secure care facility shall be 14 considered a public elementary or secondary school and, as such, the 15 Office of Juvenile Justice (OJJ) shall be annually appropriated funds 16 for these students. 17 2. Eligible Students - Each student counted in the prior year average 18 daily membership, as defined by the State Board of Elementary and 19 Secondary Education in the Student Membership Definition, is 20 calculated by dividing the number of days the student is under the 21 guidance and direction of teachers by the total instructional days 22 during the specified school year. 23 3. Allocation - The Office of Juvenile Justice (OJJ) shall annually be 24 allocated funds for the eligible students. For each student enrolled in 25 these schools, both a State Cost Allocation and a Local Cost 26 Allocation shall be provided. 27 4. State Cost Allocation 28 a. The State Cost Allocation is equal to the State Cost Allocation 29 Per Pupil for the system where each student resided prior to Page 19 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 adjudication multiplied by the prior year average daily membership 2 of the Office of Juvenile Justice schools. 3 b. The State Cost Allocation Per Pupil allocation shall be 4 adjusted based on a factor determined by the Louisiana Department 5 of Education to provide for the differential in the number of 6 educational days provided to the students in the custody of the Office 7 of Juvenile Justice (OJJ). 8 c. Additionally, the State Cost Allocation Per Pupil shall be 9 adjusted based on a factor determined by the Louisiana Department 10 of Education to recognize the increased number of special education 11 students in the Office of Juvenile Justice (OJJ) schools relative to the 12 state average special education student population. 13 d. The average daily membership will be reconciled on an 14 annual basis using the latest available data. 15 5. Local Cost Allocation 16 a. Each student counted in the prior year average daily 17 membership, as defined by the State Board of Elementary and 18 Secondary Education, shall be provided for and funded from the 19 minimum foundation program a Local Cost Allocation Per Pupil 20 equal to the Local Cost Allocation Per Pupil for the district where the 21 student resided prior to adjudication. 22 b. The Local Cost Allocation is equal to the Local Cost 23 Allocation Per Pupil for the system were each student resided prior 24 to adjudication multiplied by the prior year average daily 25 membership of the Office of Juvenile Justice schools. 26 c. For the purpose of the Local Cost Allocation Per Pupil, the 27 average daily membership of the Office of Juvenile Justice (OJJ) 28 shall be included in the membership counts of the city, parish, or 29 other local public school board in which the student resided prior to 30 adjudication to the Office of Juvenile Justice. Page 20 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 d. For a district(s) that shares local revenue, the allocation for 2 the Office of Juvenile Justice will be completed before the 3 calculation of local revenues. 4 e. The Local Cost Allocation Per Pupil shall be funded with a 5 transfer of the MFP monthly amount representing the Local Cost 6 Allocation Per Pupil from the city, parish, or other local public school 7 board in which the attending students resided prior to adjudication to 8 the Office of Juvenile Justice (OJJ). 9 f. The average daily membership will be reconciled on an 10 annual basis using the latest available data. 11 3. Mid-Year Student Allocations 12 a. Student counts in October and February may result in 13 mid-year allocation adjustments for the following: City and parish 14 school systems, Recovery School District, New Type 2 Charter 15 schools, Legacy Type 2 Charter schools, Type 3B Charter schools, 16 Louisiana State University, Southern University, and University of 17 Louisiana at Lafayette Lab schools, Louisiana School for Math, 18 Science and the Arts (LSMSA), New Orleans Center for Creative 19 Arts (NOCCA), and THRIVE. 20 b. If the current year October 1 Mid-Year Student Count is more 21 or less than the prior year February 1 student count, an adjustment to 22 the current year allocation shall be made for each student gained or 23 lost. The October adjustment equals the number of students gained 24 or lost times the annual State Cost per pupil allocation amount for the 25 system or school in which the change occurred. The February 26 adjustment equals the number of students gained or lost times 27 one-half of the State Cost per pupil allocation for the system or 28 school in which the change occurred. 29 c. Individual adjustments shall be made for increases or 30 decreases in the October or February Mid-Year Student Counts for Page 21 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 the Recovery School District, the system of prior jurisdiction, and 2 Type 5 Charter schools. 3 d. Mid-Year adjustments for the Recovery School District shall 4 utilize the final State Cost per pupil allocation for the system of prior 5 jurisdiction. 6 e. If the Recovery School District qualifies for an October 7 Mid-Year Adjustment to the State Cost per pupil allocation, a 8 Mid-Year adjustment shall also be made to the Local Cost per pupil 9 allocation for the system of prior jurisdiction. The October Local 10 Cost per pupil allocation shall be recalculated based on updated 11 revenue data for the system of prior jurisdiction. There shall be no 12 recalculation of the Local Cost per pupil allocation in conjunction 13 with the February 1 student count. 14 f. City, Parish, or Local public school systems or schools in the 15 first year of operation are not eligible for an October Mid-Year 16 Adjustment. However, their allocation will be finalized using October 17 1 data. The newly opened city, parish, or local public school systems 18 or schools will qualify for the February 1 mid-year adjustment. 19 g. October and February Mid-Year Adjustments shall be 20 combined and applied in the March through June payments. 21 Total MFP State Cost Allocation 22 Formula: 23 Total MFP State Cost Allocation 24 Equals 25 Level 1 State Cost Allocation 26 Plus 27 Level 2 State Cost Allocation 28 Plus 29 Level 3 State Cost Allocation Page 22 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Plus 2 Level 4 State Cost Allocation 3 II. FORMULA CALCULATIONS FOR STATE-APPROVED PUBLIC 4 SCHOOLS 5 A. Recovery School District 6 1. State Cost Allocation 7 a. Once all final calculations are made, the final State Cost 8 Allocation Per Pupil Amount for the city or parish school 9 system which counted the Recovery School District students 10 will be multiplied by the February 1 Recovery School District 11 Student Membership Count to equal the Recovery School 12 District State Cost Allocation. 13 b. In a system with one or more Type 3B charter schools, if 14 the Type 3B charter is not its own LEA, the local school 15 system shall distribute minimum foundation program formula 16 funds to each Type 3B charter school in the system pursuant 17 to calculations determined by the Louisiana Department of 18 Education. If the Type 3B charter is its own LEA, such 19 payments shall be made to the Type 3B charter school by the 20 Louisiana Department of Education. Such calculations shall 21 include differentiated funding weights for certain students, 22 including students identified as being eligible for special 23 education services. The calculations shall ensure equity so 24 that each Type 3B charter school in the system receives a 25 per-pupil amount equal to the amount a Type 5 charter school 26 located in the same parish or school system boundary would 27 have received from the Recovery School District (RSD). 28 2. Local Cost Allocation 29 a. In addition to the State Cost Allocation, the Recovery School 30 District shall receive an applicable Local Cost Allocation. Page 23 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Formula: 2 Local Cost Allocation Per Pupil 3 Equals 4 Projected Local Revenues from District of Prior Jurisdiction 5 Divided by 6 Total School District Membership (Recovery School District Student 7 Membership Count plus Student Membership Count for the system of 8 prior jurisdiction plus New Type 2 Charter school students residing in 9 the jurisdiction) 10 b. To begin the fiscal year, the Local Cost allocation is based on 11 eligible projected local revenues for the most recent prior fiscal year 12 from the city or parish school district that had jurisdiction of the 13 school prior to its transfer. 14 c. For purposes of the Recovery School District calculation, 15 local revenue is defined to include revenue from the following 16 sources, excluding any portion which has been specifically dedicated 17 by the legislature or by voter approval to capital outlay or debt 18 service, per the definitions in the Annual Financial Report (AFR) and 19 the Louisiana Accounting and Uniform Governmental Handbook as 20 reported to the Louisiana Department of Education: 21 1. Sales and use taxes, less any tax collection fee paid 22 by the school system 23 2. Ad valorem taxes, less any tax collection fee paid 24 by the school system 25 3. Earnings from sixteenth section lands owned by 26 the school system 27 d. The exclusion of any portion of local revenues specifically 28 dedicated by the legislature or by voter approval to capital outlay or 29 debt service shall be applicable only to a charter school housed in a Page 24 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 facility or facilities provided by the system in which the charter 2 school is located. 3 e. The projected local revenues shall be divided by the Total 4 School District Membership Count including the Recovery School 5 District Student Membership Count, both operated and charter 6 schools, plus the Student Membership Count of the system of prior 7 jurisdiction. If any New Type 2 Charter School student resides within 8 the physical boundaries of the system of prior jurisdiction, this school 9 the student attends shares in the local revenues of the system of prior 10 jurisdiction. As a result, the New Type 2 Charter School Student 11 Membership Count of the students residing in the jurisdiction will be 12 added to the Recovery School District and the system of prior 13 jurisdiction Student Membership Count. 14 f. The Local Cost Allocation for the Recovery School District 15 is determined by multiplying the local revenue per pupil times the 16 number of Recovery School District students used in the MFP final 17 allocation. 18 Formula: 19 Local Cost Allocation 20 Equals 21 Projected Local Revenues from District of Prior Jurisdiction Per Pupil 22 Multiplied By 23 Recovery School District Student Membership Count 24 g. Once the local amount is determined, it is adjusted to a 25 monthly amount that is transferred from the MFP monthly allocation 26 of the city, parish, or other local public school board of prior 27 jurisdiction to the Recovery School District. 28 h. Based on the October 1 Student Membership Count, the local 29 revenue allocation per student will be recalculated and there will be 30 a corresponding adjustment in the local revenue allocation. No Page 25 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 recalculation of the local revenues per student will occur as a result 2 of the February 1 Student Count adjustment. 3 i. During the third quarter of the fiscal year, the local revenue 4 allocation per student shall be adjusted to reflect actual prior year 5 local revenue data. 6 j. A final reconciliation will occur based upon the receipt of the 7 annual audited financial statements of the system of prior 8 jurisdiction. If an increase 9 or decrease in local revenue collections exists, the state 10 superintendent may establish a payment schedule. In the event that 11 the fiscal status of the system of prior jurisdiction or the Recovery 12 School District changes during the fiscal year or on or before the final 13 reconciliation, the state superintendent may adjust the local revenue 14 based on the revenues identified. 15 3. Monies appropriated to the Recovery School District, except for 16 administrative costs, that are attributable to the transfer of a school from a prior 17 school system and monies allocated or transferred from the prior system to the 18 Recovery School District shall be expended solely on the operation of schools 19 transferred from the prior system to the jurisdiction of the Recovery School District. 20 B.New Type 2 Charter Schools 21 A New Type 2 Charter school is a Type 2 Charter school approved after July 1, 2008 22 by the State Board of Elementary and Secondary Education. 23 1. State Cost Allocation 24 a. Any New Type 2 Charter School shall annually be provided 25 a State 26 Cost Allocation as determined by applying the formula contained in 27 R.S. 17:3995. 28 b. The State Cost Allocation equals the number of students 29 multiplied by the State Cost Allocation Per Pupil for the system in 30 which the student resides. Page 26 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 c. Mid-Year Adjustments shall adhere to the guidelines 2 established in this document. 3 2. Local Cost Allocation 4 a. Any New Type 2 Charter school shall annually be provided 5 a Local Cost Allocation by applying the formula contained in R.S. 6 17:3995. 7 b. The Local Cost Allocation equals the number of students 8 multiplied by the Local Cost Allocation Per Pupil for the system in 9 which the student resides. 10 c. One exception to R.S. 17:3995 is that the Local Cost 11 allocation will be funded with a transfer of the MFP monthly amount 12 representing the Local Cost Allocation from the city or parish school 13 system in which the attending students reside. 14 d. The city or parish where students attending the New Type 2 15 Charter school reside is the local taxing authority and shall provide 16 the local support for the students. 17 e. Mid-Year Adjustments will adhere to the guidelines 18 established in this document. 19 3. Virtual Charter schools may receive, as approved by the State Board of 20 Elementary and Secondary Education, a lesser percentage of the state and 21 local amount calculated in R.S. 17:3995. 22 4. Where student attendance is from multiple school systems, the 23 Department of Education shall determine the Local Cost Allocation based on 24 students reported by the schools. The student membership count of the New 25 Type 2 charter schools shall be included in the membership count of the city 26 or parish school board in which the student resides to determine the Local 27 Cost Allocation. 28 5. In the first year of operation, a New Type 2 Charter school shall be 29 allocated funding based on an estimated student count since a February 1 Page 27 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 student count does not exist. The allocation will be finalized based on the 2 October 1 student count. 3 6. The exclusion of any portion of local revenues specifically dedicated by 4 the legislature or by voter approval to capital outlay or debt service shall be 5 applicable only to a charter school housed in a facility or facilities provided 6 by the district in which the charter school is located. 7 C. Louisiana School for Math, Science, and the Arts (LSMSA), New Orleans 8 Center for Creative Arts (NOCCA), and THRIVE. 9 1. The Louisiana School for Math, Science and the Arts (LSMSA), New 10 Orleans Center for Creative Arts (NOCCA), and THRIVE shall be provided 11 both a State and Local Cost allocation. 12 2. State Cost Allocation 13 a. The State Cost Allocation shall be based on the State Cost 14 Allocation Per Pupil for the city or parish school system 15 where the attending students reside. 16 3. Local Cost Allocation 17 a. The Local Cost Allocation will be based on the Local Cost 18 Allocation for the city or parish school system where the 19 attending students reside. 20 b. For any student enrolled in LSMSA, NOCCA, or 21 THRIVE, the Local Cost Allocation Per Pupil shall be funded 22 by the State. 23 c. Where student attendance is from multiple school systems, 24 the Department of Education shall determine the Local Cost 25 Allocation based on students reported by the schools. 26 III.FORMULA PROCEDURES 27 A. Preliminary Allocation 28 1. The minimum foundation program formula for the upcoming 29 fiscal year adopted by the State Board of Elementary and Secondary Page 28 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Education, along with a preliminary allocation schedule representing 2 the estimated cost of the proposed formula, shall be submitted to the 3 Joint Legislative Committee on the Budget and to the House and 4 Senate Education Committees for consideration no later than March 5 15. 6 2. This preliminary allocation shall utilize student and other input 7 data available at the time. 8 B. Final Allocation 9 Final allocations for the fiscal year in which the formula takes effect will be 10 determined no later than June 30 of the preceding fiscal year. The latest 11 available data will be utilized to calculate the final allocation except that 12 student count estimates will be utilized for school systems or charter schools 13 opening for the first time in the fiscal year beginning July 1. For first-year 14 city, parish, or other public school systems or schools, the final allocation 15 will be based on the October 1 count, once available. 16 IV. FORMULA PAYMENTS 17 A. Payment Procedures 18 The Total MFP State Cost Allocation for city, parish, and other school 19 systems and schools will be converted to monthly payments from July 20 through June each year except payments will be made on Level 4 allocations 21 as data becomes available. 22 B. Requested Payment Adjustments 23 If the city, parish, or other school systems and schools have documented 24 growth in students prior to the actual Mid-Year Student Counts in October 25 and February, a temporary change to the final allocation may be requested. 26 The State Superintendent is authorized to approve or deny this revision. 27 1. Sufficient documentation will be requested to substantiate this 28 requested allocation adjustment. 29 2. The adjusted allocation will remain in effect until the actual 30 October or February Mid-Year Student Count. Once the Mid-Year Page 29 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 Student Count is final, reconciliation will be completed and payments 2 adjusted accordingly. 3 C. Payment Adjustments for Audit Findings 4 Review and/or audit of the systems' or schools' data used in determining their 5 Minimum Foundation Program allocation may result in changes in final 6 statistical information. The Minimum Foundation Program allocation 7 adjustments necessary as a result of these audit findings will be made in the 8 following school year. These adjustments are applicable to the following: 9 city or parish school systems, Recovery School District, Type 2 Charter 10 schools, Type 3B Charter schools, Louisiana State University, Southern 11 University, and University of Louisiana at Lafayette Lab schools, Office of 12 Juvenile Justice (OJJ) schools, Louisiana School for Math, Science and the 13 Arts (LSMSA), New Orleans Center for Creative Arts (NOCCA), and 14 THRIVE. 15 V. 70% EXPENDITURE REQUIREMENT 16 To provide for appropriate accountability of state funds while providing city, parish, 17 or local public school systems or other public schools flexibility in determining 18 specific expenditures, city, parish, or local public school systems or other public 19 schools must ensure that at least 70% of the city, parish, or local public school 20 system or other public school general fund expenditures are in the areas of 21 instruction and school administration at the school building level as developed by the 22 Louisiana Department of Education and defined by the State Board of Elementary 23 and Secondary Education regulations. 24 VII. SEVERABILITY PROVISION 25 If any provision of this minimum foundation formula or the application thereof is 26 held invalid, such invalidity shall not affect other provisions or applications of this 27 minimum foundation formula which can be given effect without the invalid 28 provisions or applications, and to this end the provisions of this minimum foundation 29 formula are hereby declared severable. The severability provision hereof shall be 30 broadly construed so as to give effect to each and every possible provision or Page 30 of 31 HLS 19RS-97 ORIGINAL HCR NO. 1 1 application of this minimum foundation formula which is not specifically held 2 invalid, unlawful, or unconstitutional. 3 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 4approve the formula developed by the State Board of Elementary and Secondary Education, 5pursuant to Article VIII, Section 13(B) of the Constitution of Louisiana, to determine the 6cost of a minimum foundation program of education in all public elementary and secondary 7schools as well as to equitably allocate the funds to parish and city school systems, and 8adopted by the board on March 13, 2019. 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)] HCR 1 Original 2019 Regular Session Nancy Landry Provides for legislative approval of the minimum foundation program (MFP) formula for FY 2019-2020 to determine the cost of a minimum foundation program of education in all public elementary and secondary schools as well as to equitably allocate the funds to local public school systems as developed by the State Board of Elementary and Secondary Education (BESE) and adopted by the board on March 13, 2019. Page 31 of 31