Louisiana 2019 2019 Regular Session

Louisiana House Bill HCR1 Introduced / Bill

                    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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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
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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
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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.
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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:
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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