HLS 19RS-97 ENGROSSED 2019 Regular Session HOUSE CONCURRENT RESOL UTION NO. 1 BY REPRESENTATIVES NANCY LANDRY, BRASS, AND COX 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 ENGROSSED 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 ENGROSSED 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 ENGROSSED 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 ENGROSSED 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 ENGROSSED 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 ENGROSSED 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 ENGROSSED 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. 22B. 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 ENGROSSED 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 31 Lesser of Local Revenue Eligible for Incentive or Limit on Local 32 Revenue Eligible for Incentive Page 9 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 Multiplied by 2 Local Cost Allocation Percentage (Level 1) 3 Multiplied by 4 Level 2 Incentive Factor 5 Level 2 Incentive Factor - The Level 2 Incentive Factor determines the amount of 6 local support required in Level 2. In FY 2014-2015, the Level 2 Incentive Factor is 7 established at 1.72. 8 STEP FIVE - Determine State Cost of Level 2 Incentive 9 Formula: 10 State Support of Level 2 Incentive 11 Equals 12 Lesser of Local Revenue Eligible for Incentive or Limit on Local 13 Revenue Eligible for Incentive 14 Minus 15 Local Support of Level 2 Incentive 16C. Level 3: Legislative Allocations 17 Level 3 provides funding for three programs that address funding for school systems 18 and schools regarding teacher and support worker pay raises, historical formula 19 allocations, and mandated operating costs, and are in addition to allocations provided 20 in Level 1 and 2. These allocations are as follows: 21 Formula: 22 Total Level 3 Legislative Allocations 23 Equals 24 Continuation Pay Raises 25 Plus 26 Historical Formula Allocation 27 Plus 28 Mandated Costs in Health Insurance, Retirement, and Fuel 29 STEP ONE: Calculate Continuation Funding for Pay Raises Page 10 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 1. Certificated Personnel Pay Raises were implemented in four recent years to 2 assist in increasing Teacher and School Leader pay to the Southern Regional 3 Average. These funds continue to be provided directly to systems and schools to 4 support these increased salaries. 5 a. Certificated Personnel Pay Raises provided in 2001-2002, 6 2006-2007, 2007-2008, and 2008-2009 will continue for each 7 school system and school based on the calculated per pupil 8 amount times the February 1 Student Membership Count. 9 2. Non-certificated Support Worker Pay Raises were implemented in three 10 recent years to assist with increasing these salaries. 11 a. Non-certificated Support Worker Pay Raises provided in 12 2002-2003, 2006-2007, and 2007-2008 will continue for each 13 school system and school based on the calculated per pupil 14 amount times the February 1 Student Membership Count. 15 3. This provision applies to city and parish school systems, Recovery School 16 District, New Orleans Center for Creative Arts (NOCCA), Louisiana School for 17 Math, Science, and the Arts (LSMSA), THRIVE, Legacy Type 2 Charter Schools, 18 New Type 2 Charter Schools, Type 3B Charter Schools, Louisiana State University, 19 Southern University, and University of Louisiana at Lafayette Lab schools, and 20 Office of Juvenile Justice (OJJ). 21 STEP TWO: Calculate Historical Formula Allocations 22 Allocations for Insurance and Pay Raises - The following school systems 23 are being provided continuing funding for the 1994 insurance supplement 24 and employee pay raises provided by the Legislature beginning in 1997 25 through 1999: East Baton Rouge, Iberville, Jefferson, Lafayette, 26 Plaquemines, Pointe Coupee, St. Charles, St. James, and West Feliciana. 27 Redistribution Allocation - After setting aside the insurance and pay raise 28 funding, the balance of the “Hold Harmless” funding was removed from 29 these school districts over ten years from 2006-2007 to 2016-2017: Page 11 of 31 HLS 19RS-97 ENGROSSED 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 ENGROSSED 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 29D. Level 4: Supplementary Allocations 30 1.Specific Needs Allocations Page 13 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 Specific Needs Allocations provide funding for four allocations for specific purposes 2 and is in addition to system level allocations from Levels 1, 2, and 3. These 3 allocations are as follows: 4 Formula: 5 Total Level 4 Supplementary Allocations 6 Equals 7 Foreign Language Associate Program Salary and Stipend Allocation 8 Plus 9 Career Development Allocation 10 Plus 11 High Cost Services Assistance Allocation 12 Plus 13 Supplemental Course Allocation 14 STEP ONE: Calculate Foreign Language Associate Salary and Stipend 15 Allocation 16 Salary Allocation - Any city, parish, or other public school system or school 17 employing a Foreign Language Associate or a graduate of the Escadrille Louisiane 18 program shall receive a supplemental allocation from State Board of Elementary and 19 Secondary Education of $21,000 per teacher. The state shall maintain support of the 20 Foreign Language Associate program at a maximum of 300 Foreign Language 21 Associates employed in any given year. 22 These teachers shall be paid by the employing city, parish, or other local 23 public school system or school at least the state average classroom teacher salary 24 (without PIP) by years of experience and degree beginning with year three. Of the 25 $21,000 allocation, $20,000 shall be allocated to the school where the teacher is 26 employed and the funds used to support the total cost of the teacher salary, and the 27 remaining amount shall be associated with costs of VISA sponsorship pursuant to 28 State Board of Elementary and Secondary Education regulations. 29 Stipend Allocation - First year teachers will receive an installation incentive 30 of an additional $6,000; second and third year teachers will receive a retention 31 incentive of an additional $4,000. These amounts must be provided to each Foreign Page 14 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 Associate Teacher or Escadrille Louisiane graduate by each school district or school 2 in which they are employed. 3 STEP TWO: Career Development Allocation 4 The cost of providing materials and equipment and teacher credentialing and 5 training to attain a statewide industry-based credential is above and beyond the cost 6 typically required for high school courses. An allocation will be provided to support 7 the development of these technical courses required for statewide credentials in city 8 and parish school systems and other public schools. 9 The first step in the allocation is to calculate six percent (6%) of the MFP 10 State and Local Base Cost Per Pupil to determine the Career Development Per Pupil 11 Amount. The Career Development Per Pupil Amount will be provided for each 12 qualifying student course enrollment in grades 9 through 12. 13 If a city or parish school system receives less than $25,000 from the Career 14 Development Per Pupil Amount, then the city or parish school system will be 15 provided an economies of scale minimum allocation of $25,000. If other public 16 school systems and schools containing grades 9 through 12 receive less than $10,000 17 from the Per Pupil Amount, then the other public school systems and schools 18 containing grades 9 through 12 will be provided an economies of scale minimum 19 allocation of $10,000. 20 Formula: 21 Career Development Allocation Per Pupil 22 Equals 23 MFP State and Local Base Cost Per Pupil 24 Multiplied By 25 Six Percent (6%) 26 Formula: 27 Career Development Allocation 28 Equals 29 Career Development Allocation Per Pupil 30 Multiplied By Page 15 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 Number of Student in Qualifying Courses in Grades 9 through 12 2 STEP THREE: Calculate High Cost Services Assistance 3 High cost services for students with disabilities generate a particular budget 4 challenge for city, parish, and other public school systems and schools. 5 In an effort to assist with these expenses, an allocation will be provided to 6 city, parish, and other public school systems and schools which submit 7 documentation as required by the Louisiana Department of Education substantiating 8 that the prior year cost of services for a specific student exceeds three times the most 9 recent state average total expenditure per pupil amount. 10 Once costs associated with providing services for a student with a disability 11 or disabilities have been verified, the city or parish school system or other public 12 school will be eligible to receive an allocation to assist with these costs. The 13 allocation will be limited by the amount budgeted for the High Cost Services 14 Assistance Allocation. So as to be equitably distributed, the total allocation provided 15 to city and parish school systems versus other public schools shall be proportional 16 to the share of total qualifying applications submitted by city and parish school 17 systems versus other public schools. 18 The first step in the allocation will be to calculate the impact of these costs 19 on the budget of the school system or school using the latest available state and local 20 revenue data. The High Cost Services requested for reimbursement will be reduced 21 by the MFP state and local amount allocated on behalf of each student from Levels 22 1, 2, and 3. The next step will rank the Percent (%) Impact from highest to lowest 23 percent, with two separate rank listings for school systems and other public schools. 24 Formula: 25 Percent (%) Impact on Budget 26 Equals 27 Cost of Services 28 Divided By 29 Total State and Local Revenue Page 16 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 The two ranked listings will be divided into four tiers and allocations will be 2 provided based on a percentage from one hundred percent reimbursement in the 3 highest funded tier with smaller percentages reimbursed in the lower tiers based on 4 where the school system or school falls within the tiers on one of the two lists. 5 STEP FOUR: Calculate Supplemental Course Allocation 6 Pursuant to R.S. 17:4002.1 through 4002.6, the Supplemental Course 7 Allocation shall provide for the cost of secondary course choices specifically 8 approved by the State Board of Elementary and Secondary Education. For each city 9 and parish school system and other public school, the allocation shall equal the 10 number of students enrolled in grades 7 through 12 as of February 1 each year 11 multiplied by $59 per pupil. 12 Formula: 13 Supplemental Course Allocation for School Systems or Other Public 14 Schools 15 Equals 16 Supplemental Course Allocation Per Pupil 17 Multiplied By 18 Number of Students in Grades 7 through 12 19 If the entire allocation is not committed by the city or parish public school 20 systems or other public school by a date set forth by the Louisiana Department of 21 Education, the original allocation will be reduced by the uncommitted amount. The 22 total uncommitted amount from each city or parish public school systems or other 23 public school will be reallocated to those city or parish public school systems or 24 other public schools that obligated one hundred percent of their original allocation 25 based on criteria set forth by the Louisiana Department of Education. 26 2.Allocations for Other Public Schools 27 STEP ONE: Louisiana State University, Southern University, and University 28 of Louisiana at Lafayette Laboratory Schools 29 1. State Cost Allocation 30 a. The February 1 Student Membership count at the Louisiana 31 State University, Southern University, and University of Louisiana Page 17 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 at Lafayette Lab Schools shall be multiplied by the Average State 2 Cost Allocation Per Pupil to equal the Louisiana State University, 3 Southern University, and University of Louisiana at Lafayette Lab 4 Schools State Cost Allocation. 5 b. Funds appropriated for these schools shall be allocated to the 6 institution of higher education operating such a school. Each such 7 institution of higher education shall ensure the equitable expenditure 8 of such funds to operate such schools. 9 STEP TWO: Legacy Type 2 Charter Schools 10 A Legacy Type 2 Charter school is a Type 2 Charter school approved by the State 11 Board of Elementary and Secondary Education before July 1, 2008. 12 1. State Cost Allocation 13 a. Any Legacy Type 2 Charter school shall annually be allocated 14 funds as determined by applying the formula contained in R.S. 15 17:3995. 16 b. The State Cost Allocation equals the number of students 17 multiplied by the State Per Pupil for the system where the student 18 resides. 19 2. Local Cost Allocation 20 a. Any Legacy Type 2 Charter school shall annually be allocated 21 funds as determined by applying the formula contained in R.S. 22 17:3995. 23 b. The Local Cost Allocation equals the number of students 24 multiplied by the Local Per Pupil for the system where the student 25 resides. 26 c. For any student enrolled in a Legacy Type 2 Charter school, 27 the Local Cost Allocation shall be funded by the State. 28 3. The exclusion of any portion of local revenues specifically dedicated 29 by the legislature or by voter approval to capital outlay or debt 30 service shall be applicable only to a charter school housed in a Page 18 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 facility or facilities provided by the district in which the charter 2 school is located. 3 STEP THREE: Office of Juvenile Justice (OJJ) Schools 4 1. Eligible Schools - Any elementary and secondary school operated by 5 the Office of Juvenile Justice (OJJ) in a secure care facility shall be 6 considered a public elementary or secondary school and, as such, the 7 Office of Juvenile Justice (OJJ) shall be annually appropriated funds 8 for these students. 9 2. Eligible Students - Each student counted in the prior year average 10 daily membership, as defined by the State Board of Elementary and 11 Secondary Education in the Student Membership Definition, is 12 calculated by dividing the number of days the student is under the 13 guidance and direction of teachers by the total instructional days 14 during the specified school year. 15 3. Allocation - The Office of Juvenile Justice (OJJ) shall annually be 16 allocated funds for the eligible students. For each student enrolled in 17 these schools, both a State Cost Allocation and a Local Cost 18 Allocation shall be provided. 19 4. State Cost Allocation 20 a. The State Cost Allocation is equal to the State Cost Allocation 21 Per Pupil for the system where each student resided prior to 22 adjudication multiplied by the prior year average daily membership 23 of the Office of Juvenile Justice schools. 24 b. The State Cost Allocation Per Pupil allocation shall be 25 adjusted based on a factor determined by the Louisiana Department 26 of Education to provide for the differential in the number of 27 educational days provided to the students in the custody of the Office 28 of Juvenile Justice (OJJ). 29 c. Additionally, the State Cost Allocation Per Pupil shall be 30 adjusted based on a factor determined by the Louisiana Department Page 19 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 of Education to recognize the increased number of special education 2 students in the Office of Juvenile Justice (OJJ) schools relative to the 3 state average special education student population. 4 d. The average daily membership will be reconciled on an 5 annual basis using the latest available data. 6 5. Local Cost Allocation 7 a. Each student counted in the prior year average daily 8 membership, as defined by the State Board of Elementary and 9 Secondary Education, shall be provided for and funded from the 10 minimum foundation program a Local Cost Allocation Per Pupil 11 equal to the Local Cost Allocation Per Pupil for the district where the 12 student resided prior to adjudication. 13 b. The Local Cost Allocation is equal to the Local Cost 14 Allocation Per Pupil for the system were each student resided prior 15 to adjudication multiplied by the prior year average daily 16 membership of the Office of Juvenile Justice schools. 17 c. For the purpose of the Local Cost Allocation Per Pupil, the 18 average daily membership of the Office of Juvenile Justice (OJJ) 19 shall be included in the membership counts of the city, parish, or 20 other local public school board in which the student resided prior to 21 adjudication to the Office of Juvenile Justice. 22 d. For a district(s) that shares local revenue, the allocation for 23 the Office of Juvenile Justice will be completed before the 24 calculation of local revenues. 25 e. The Local Cost Allocation Per Pupil shall be funded with a 26 transfer of the MFP monthly amount representing the Local Cost 27 Allocation Per Pupil from the city, parish, or other local public school 28 board in which the attending students resided prior to adjudication to 29 the Office of Juvenile Justice (OJJ). Page 20 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 f. The average daily membership will be reconciled on an 2 annual basis using the latest available data. 3 3. Mid-Year Student Allocations 4 a. Student counts in October and February may result in 5 mid-year allocation adjustments for the following: City and parish 6 school systems, Recovery School District, New Type 2 Charter 7 schools, Legacy Type 2 Charter schools, Type 3B Charter schools, 8 Louisiana State University, Southern University, and University of 9 Louisiana at Lafayette Lab schools, Louisiana School for Math, 10 Science and the Arts (LSMSA), New Orleans Center for Creative 11 Arts (NOCCA), and THRIVE. 12 b. If the current year October 1 Mid-Year Student Count is more 13 or less than the prior year February 1 student count, an adjustment to 14 the current year allocation shall be made for each student gained or 15 lost. The October adjustment equals the number of students gained 16 or lost times the annual State Cost per pupil allocation amount for the 17 system or school in which the change occurred. The February 18 adjustment equals the number of students gained or lost times 19 one-half of the State Cost per pupil allocation for the system or 20 school in which the change occurred. 21 c. Individual adjustments shall be made for increases or 22 decreases in the October or February Mid-Year Student Counts for 23 the Recovery School District, the system of prior jurisdiction, and 24 Type 5 Charter schools. 25 d. Mid-Year adjustments for the Recovery School District shall 26 utilize the final State Cost per pupil allocation for the system of prior 27 jurisdiction. 28 e. If the Recovery School District qualifies for an October 29 Mid-Year Adjustment to the State Cost per pupil allocation, a 30 Mid-Year adjustment shall also be made to the Local Cost per pupil Page 21 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 allocation for the system of prior jurisdiction. The October Local 2 Cost per pupil allocation shall be recalculated based on updated 3 revenue data for the system of prior jurisdiction. There shall be no 4 recalculation of the Local Cost per pupil allocation in conjunction 5 with the February 1 student count. 6 f. City, Parish, or Local public school systems or schools in the 7 first year of operation are not eligible for an October Mid-Year 8 Adjustment. However, their allocation will be finalized using October 9 1 data. The newly opened city, parish, or local public school systems 10 or schools will qualify for the February 1 mid-year adjustment. 11 g. October and February Mid-Year Adjustments shall be 12 combined and applied in the March through June payments. 13 Total MFP State Cost Allocation 14 Formula: 15 Total MFP State Cost Allocation 16 Equals 17 Level 1 State Cost Allocation 18 Plus 19 Level 2 State Cost Allocation 20 Plus 21 Level 3 State Cost Allocation 22 Plus 23 Level 4 State Cost Allocation 24II. FORMULA CALCULATIONS F OR STATE-APPROVED PUBLIC 25 SCHOOLS 26 A. Recovery School District 27 1. State Cost Allocation 28 a. Once all final calculations are made, the final State Cost 29 Allocation Per Pupil Amount for the city or parish school 30 system which counted the Recovery School District students Page 22 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 will be multiplied by the February 1 Recovery School District 2 Student Membership Count to equal the Recovery School 3 District State Cost Allocation. 4 b. In a system with one or more Type 3B charter schools, if 5 the Type 3B charter is not its own LEA, the local school 6 system shall distribute minimum foundation program formula 7 funds to each Type 3B charter school in the system pursuant 8 to calculations determined by the Louisiana Department of 9 Education. If the Type 3B charter is its own LEA, such 10 payments shall be made to the Type 3B charter school by the 11 Louisiana Department of Education. Such calculations shall 12 include differentiated funding weights for certain students, 13 including students identified as being eligible for special 14 education services. The calculations shall ensure equity so 15 that each Type 3B charter school in the system receives a 16 per-pupil amount equal to the amount a Type 5 charter school 17 located in the same parish or school system boundary would 18 have received from the Recovery School District (RSD). 19 2. Local Cost Allocation 20 a. In addition to the State Cost Allocation, the Recovery School 21 District shall receive an applicable Local Cost Allocation. 22 Formula: 23 Local Cost Allocation Per Pupil 24 Equals 25 Projected Local Revenues from District of Prior Jurisdiction 26 Divided by 27 Total School District Membership (Recovery School District Student 28 Membership Count plus Student Membership Count for the system of 29 prior jurisdiction plus New Type 2 Charter school students residing in 30 the jurisdiction) Page 23 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 b. To begin the fiscal year, the Local Cost allocation is based on 2 eligible projected local revenues for the most recent prior fiscal year 3 from the city or parish school district that had jurisdiction of the 4 school prior to its transfer. 5 c. For purposes of the Recovery School District calculation, 6 local revenue is defined to include revenue from the following 7 sources, excluding any portion which has been specifically dedicated 8 by the legislature or by voter approval to capital outlay or debt 9 service, per the definitions in the Annual Financial Report (AFR) and 10 the Louisiana Accounting and Uniform Governmental Handbook as 11 reported to the Louisiana Department of Education: 12 1. Sales and use taxes, less any tax collection fee paid 13 by the school system 14 2. Ad valorem taxes, less any tax collection fee paid 15 by the school system 16 3. Earnings from sixteenth section lands owned by 17 the school system 18 d. The exclusion of any portion of local revenues specifically 19 dedicated by the legislature or by voter approval to capital outlay or 20 debt service shall be applicable only to a charter school housed in a 21 facility or facilities provided by the system in which the charter 22 school is located. 23 e. The projected local revenues shall be divided by the Total 24 School District Membership Count including the Recovery School 25 District Student Membership Count, both operated and charter 26 schools, plus the Student Membership Count of the system of prior 27 jurisdiction. If any New Type 2 Charter School student resides within 28 the physical boundaries of the system of prior jurisdiction, this school 29 the student attends shares in the local revenues of the system of prior 30 jurisdiction. As a result, the New Type 2 Charter School Student Page 24 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 Membership Count of the students residing in the jurisdiction will be 2 added to the Recovery School District and the system of prior 3 jurisdiction Student Membership Count. 4 f. The Local Cost Allocation for the Recovery School District 5 is determined by multiplying the local revenue per pupil times the 6 number of Recovery School District students used in the MFP final 7 allocation. 8 Formula: 9 Local Cost Allocation 10 Equals 11 Projected Local Revenues from District of Prior Jurisdiction Per Pupil 12 Multiplied By 13 Recovery School District Student Membership Count 14 g. Once the local amount is determined, it is adjusted to a 15 monthly amount that is transferred from the MFP monthly allocation 16 of the city, parish, or other local public school board of prior 17 jurisdiction to the Recovery School District. 18 h. Based on the October 1 Student Membership Count, the local 19 revenue allocation per student will be recalculated and there will be 20 a corresponding adjustment in the local revenue allocation. No 21 recalculation of the local revenues per student will occur as a result 22 of the February 1 Student Count adjustment. 23 i. During the third quarter of the fiscal year, the local revenue 24 allocation per student shall be adjusted to reflect actual prior year 25 local revenue data. 26 j. A final reconciliation will occur based upon the receipt of the 27 annual audited financial statements of the system of prior 28 jurisdiction. If an increase or decrease in local revenue collections 29 exists, the state superintendent may establish a payment schedule. In 30 the event that the fiscal status of the system of prior jurisdiction or Page 25 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 the Recovery School District changes during the fiscal year or on or 2 before the final reconciliation, the state superintendent may adjust the 3 local revenue based on the revenues identified. 4 3. Monies appropriated to the Recovery School District, except for 5 administrative costs, that are attributable to the transfer of a school from a 6 prior school system and monies allocated or transferred from the prior system 7 to the Recovery School District shall be expended solely on the operation of 8 schools transferred from the prior system to the jurisdiction of the Recovery 9 School District. 10 B.New Type 2 Charter Schools 11 A New Type 2 Charter school is a Type 2 Charter school approved after July 1, 2008 12 by the State Board of Elementary and Secondary Education. 13 1. State Cost Allocation 14 a. Any New Type 2 Charter School shall annually be provided 15 a State Cost Allocation as determined by applying the formula 16 contained in R.S. 17:3995. 17 b. The State Cost Allocation equals the number of students 18 multiplied by the State Cost Allocation Per Pupil for the system in 19 which the student resides. 20 c. Mid-Year Adjustments shall adhere to the guidelines 21 established in this document. 22 2. Local Cost Allocation 23 a. Any New Type 2 Charter school shall annually be provided 24 a Local Cost Allocation by applying the formula contained in R.S. 25 17:3995. 26 b. The Local Cost Allocation equals the number of students 27 multiplied by the Local Cost Allocation Per Pupil for the system in 28 which the student resides. 29 c. One exception to R.S. 17:3995 is that the Local Cost 30 allocation will be funded with a transfer of the MFP monthly amount Page 26 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 representing the Local Cost Allocation from the city or parish school 2 system in which the attending students reside. 3 d. The city or parish where students attending the New Type 2 4 Charter school reside is the local taxing authority and shall provide 5 the local support for the students. 6 e. Mid-Year Adjustments will adhere to the guidelines 7 established in this document. 8 3. Virtual Charter schools may receive, as approved by the State Board of 9 Elementary and Secondary Education, a lesser percentage of the state and 10 local amount calculated in R.S. 17:3995. 11 4. Where student attendance is from multiple school systems, the 12 Department of Education shall determine the Local Cost Allocation based on 13 students reported by the schools. The student membership count of the New 14 Type 2 charter schools shall be included in the membership count of the city 15 or parish school board in which the student resides to determine the Local 16 Cost Allocation. 17 5. In the first year of operation, a New Type 2 Charter school shall be 18 allocated funding based on an estimated student count since a February 1 19 student count does not exist. The allocation will be finalized based on the 20 October 1 student count. 21 6. The exclusion of any portion of local revenues specifically dedicated by 22 the legislature or by voter approval to capital outlay or debt service shall be 23 applicable only to a charter school housed in a facility or facilities provided 24 by the district in which the charter school is located. 25 C. Louisiana School for Math, Science, and the Arts (LSMSA), New Orleans 26 Center for Creative Arts (NOCCA), and THRIVE. 27 1. The Louisiana School for Math, Science and the Arts (LSMSA), New 28 Orleans Center for Creative Arts (NOCCA), and THRIVE shall be provided 29 both a State and Local Cost allocation. Page 27 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 2. State Cost Allocation 2 a. The State Cost Allocation shall be based on the State Cost 3 Allocation Per Pupil for the city or parish school system 4 where the attending students reside. 5 3. Local Cost Allocation 6 a. The Local Cost Allocation will be based on the Local Cost 7 Allocation for the city or parish school system where the 8 attending students reside. 9 b. For any student enrolled in LSMSA, NOCCA, or 10 THRIVE, the Local Cost Allocation Per Pupil shall be funded 11 by the State. 12 c. Where student attendance is from multiple school systems, 13 the Department of Education shall determine the Local Cost 14 Allocation based on students reported by the schools. 15III.FORMULA PROCEDURES 16 A. Preliminary Allocation 17 1. The minimum foundation program formula for the upcoming 18 fiscal year adopted by the State Board of Elementary and Secondary 19 Education, along with a preliminary allocation schedule representing 20 the estimated cost of the proposed formula, shall be submitted to the 21 Joint Legislative Committee on the Budget and to the House and 22 Senate Education Committees for consideration no later than March 23 15. 24 2. This preliminary allocation shall utilize student and other input 25 data available at the time. 26 B. Final Allocation 27 Final allocations for the fiscal year in which the formula takes effect will be 28 determined no later than June 30 of the preceding fiscal year. The latest 29 available data will be utilized to calculate the final allocation except that 30 student count estimates will be utilized for school systems or charter schools Page 28 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 opening for the first time in the fiscal year beginning July 1. For first-year 2 city, parish, or other public school systems or schools, the final allocation 3 will be based on the October 1 count, once available. 4IV. FORMULA PAYMENTS 5 A. Payment Procedures 6 The Total MFP State Cost Allocation for city, parish, and other school 7 systems and schools will be converted to monthly payments from July 8 through June each year except payments will be made on Level 4 allocations 9 as data becomes available. 10 B. Requested Payment Adjustments 11 If the city, parish, or other school systems and schools have documented 12 growth in students prior to the actual Mid-Year Student Counts in October 13 and February, a temporary change to the final allocation may be requested. 14 The State Superintendent is authorized to approve or deny this revision. 15 1. Sufficient documentation will be requested to substantiate this 16 requested allocation adjustment. 17 2. The adjusted allocation will remain in effect until the actual 18 October or February Mid-Year Student Count. Once the Mid-Year 19 Student Count is final, reconciliation will be completed and payments 20 adjusted accordingly. 21 C. Payment Adjustments for Audit Findings 22 Review and/or audit of the systems' or schools' data used in determining their 23 Minimum Foundation Program allocation may result in changes in final 24 statistical information. The Minimum Foundation Program allocation 25 adjustments necessary as a result of these audit findings will be made in the 26 following school year. These adjustments are applicable to the following: 27 city or parish school systems, Recovery School District, Type 2 Charter 28 schools, Type 3B Charter schools, Louisiana State University, Southern 29 University, and University of Louisiana at Lafayette Lab schools, Office of 30 Juvenile Justice (OJJ) schools, Louisiana School for Math, Science and the Page 29 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 1 Arts (LSMSA), New Orleans Center for Creative Arts (NOCCA), and 2 THRIVE. 3V. 70% EXPENDITURE REQUIREMENT 4 To provide for appropriate accountability of state funds while providing city, parish, 5 or local public school systems or other public schools flexibility in determining 6 specific expenditures, city, parish, or local public school systems or other public 7 schools must ensure that at least 70% of the city, parish, or local public school 8 system or other public school general fund expenditures are in the areas of 9 instruction and school administration at the school building level as developed by the 10 Louisiana Department of Education and defined by the State Board of Elementary 11 and Secondary Education regulations. 12VII. SEVERABILITY PROVISION 13 If any provision of this minimum foundation formula or the application thereof is 14 held invalid, such invalidity shall not affect other provisions or applications of this 15 minimum foundation formula which can be given effect without the invalid 16 provisions or applications, and to this end the provisions of this minimum foundation 17 formula are hereby declared severable. The severability provision hereof shall be 18 broadly construed so as to give effect to each and every possible provision or 19 application of this minimum foundation formula which is not specifically held 20 invalid, unlawful, or unconstitutional. 21 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 22approve the formula developed by the State Board of Elementary and Secondary Education, 23pursuant to Article VIII, Section 13(B) of the Constitution of Louisiana, to determine the 24cost of a minimum foundation program of education in all public elementary and secondary 25schools as well as to equitably allocate the funds to parish and city school systems, and 26adopted by the board on March 13, 2019. Page 30 of 31 HLS 19RS-97 ENGROSSED HCR NO. 1 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 Engrossed 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