Amendment vs bill Senate Floor Amendment, #1556, Mizell, Adopted vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Regular Session ENROLLED SENATE BILL NO.
SFASB376 428 1556 SENATE FLOOR AMENDMENTS Regular Session Amendments proposed by Senator Mizell to Engrossed Senate Bill No.
376 BY SENATORS MIZELL, BOUDREAUX, CARTER, CATHEY, CLOUD, CONNICK, EDMONDS,HODGES,JACKSON-ANDREWS,LAMBERT,MILLER, MORRIS, SELDERS, STINE, WHEAT AND WOMACK AND REPRESENTATIVES BERAULT, BROUSSARD, CARPENTER, CARVER, CHASSION, EGAN, FREIBERG, KNOX, TERRY LANDRY, LARVADAIN, MARCELLE, MARTINEZ, PHELPS, TAYLOR, VENTRELLA, WALTERS AND WYBLE AN ACT To enact R.S.
376 by Senator Mizell AMENDMENT NO.
17:81(A)(8), 3996(B)(92), and Chapter 47 of Title 17 of the Louisiana RevisedStatutes of 1950, to be comprised of R.S.
1 On page 1, line 2 after "R.S.
17:4201 through 4212,relativeto local public school boards;
17:81(A)(8)" insert ", 3996(92)," AMENDMENT NO.
to provide relative to the authorization of career practicums in public high schools;
2 On page 1, line 13, after "R.S.
to provide for definitions;
17:81(A)(8)" insert ", 3996(92)," AMENDMENT NO.
to provide relative to cooperativeendeavoragreements;toproviderequirementsforcareerpracticumsand cooperative endeavor agreements;
3 On page 2, between lines 11 and 12, insert the following:
to provide relative to student labor, safety, and supervision;
"§3996.
to provide for reciprocity;
to provide relative to the State Board of Elementary and Secondary Education's rulemaking authority;
to provide for trade and commerce limitations;
to provide for exemptions;
to provide relative to charter school participation;
to provide for an effective date;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
17:81(A)(8), 3996(B)(92), and Chapter 47 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S.
17:4201 through 4212, are hereby enacted to read as follows:
§81.
General powers of local public school boards A.(1) Each local public school board shall serve in a policymaking capacity that is in the best interests of all students enrolled in schools under the board's jurisdiction.
When establishing board policies, each board shall prioritize student achievement, financial efficiency, and workforce development on a local, regional, and statewide basis.
When choosing a local superintendent of schools, each board shall select a leader who shall prioritize student achievement and act in the best interests of all students enrolled in schools under the board's jurisdiction.
Page 1 of 8 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
376 ENROLLED * * * (8) Each local public school board shall have the authority to establish, operate, or enter into agreements for the operation of career practicums pursuant to R.S.
17:4201 et seq.
* * * §3996.
* * * (92) Career practicums, R.S.
* * * (92) Career Practicums, R.S.
* * * CHAPTER 47.
* * *" AMENDMENT NO.
CAREER PRACTICUMS §4201.
4 On page 4, between lines 6 and 7, insert the following:
Short title This Chapter shall be known and may be cited as the "Learn and Earn Act".
"(6) "Hazardous occupation" shall mean any occupation or activity prohibited for minors under the provisions of the Louisiana Works rules governing the employment of minors." AMENDMENT NO.
§4202.
5 On page 4, between lines 15 and 16, insert the following:
Legislative findings and intent A.
"D.
The legislature finds that Louisiana's long-term workforce competitiveness depends on the development of a coherent, statewide talent development system.
Any student participating in acareerpracticumunder this Chapter who performs a credit-bearing internship experience aligned to a BESE- approvedcareerpathwayshallbedeemedtohavesatisfiedtherequirementsfor aninternshipforpurposesofthestateschoolanddistrictaccountabilitysystem, asdefinedbyrulesoftheStateBoardofElementaryandSecondaryEducation." AMENDMENT NO.
B.
6 On page 4, line 16, change "D." to "E." AMENDMENT NO.
Compensated, credit-bearing work-based learning aligned with the StateBoard of Elementary and Secondary Education (BESE) approved career pathways is a critical component of such a system.
7 On page 4, line 19, change "E." to "F." AMENDMENT NO.
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C.
8 On page 4, line 22, change "F." to "G." Page 1 of 2 SFASB376 428 1556 AMENDMENT NO.
Reliance solely on external employer work sites creates inequitable access to work-based learning for rural students and students in underserved Page 2 of 8 Coding:
9 On page 4, between lines 25 and 26, insert the following:
Words which are struck through are deletions from existing law;
"H.Anyemployee,agent,orrepresentativeofabusinesspartnerwhohas direct and unsupervised interaction with students participating in a career practicum shall be subject to the same criminal background check and eligibilityrequirementsapplicabletoschoolemployeesandinstructorspursuant to applicable state law and policy of the State Board of Elementary and Secondary Education." AMENDMENT NO.
words in boldface type and underscored are additions.
10 On page 4, line 26, change "G." to "I." AMENDMENT NO.
SB NO.
11 On page 5, delete line 13 and insert the following:
376 ENROLLED communities.
"(5) Annual fair market value recertification." AMENDMENT NO.
D.
12 On page 6, delete lines 11 through 13 in their entirety.
Career practicums, as provided for in this Chapter, shall serve an essentialeducational purpose by advancing established stateobjectivesrelated to career and technical education, financial literacy, employability skills, and workforce development.
Page 2 of 2
E.(1) A career practicum shall operate pursuant to a cooperative endeavor agreement that complies with Article VII, Section 14 of the Constitution of Louisiana and meets the requirements of the Cabela's test as held in Board of Directors of Indus.
Development Bd.
of City of Gonzales, Louisiana, Inc.
v.
All Tax Payers, Property Owners, Citizens of City of Gonzales, et al., 938 So.2d 11 (La.
9/6/06).
(2) In order to satisfy the Cabela's test, a career practicummust serve a valid public purpose;
be an enforceable, nongratutious obligation;
and there must be a reasonable expectation of value equal to or greater than the value of public assets provided.
(3) Compliance with the Cabela's test is mandatory and shall be demonstrated through the cooperative endeavor agreement.
§4203.
Definitions AsusedinthisChapter,thefollowingtermshavethefollowingmeanings unless the context clearly indicates otherwise:
(1) "Business partner" means a private business entity, financial institution, or nonprofit organization that enters into a cooperative endeavor agreement with a city, parish, or other local school board to operate a career practicum.
(2) "Career practicum" means a limited scope educational franchise operation conducted on a public high school campus pursuant to a cooperative endeavoragreement,whoseprimarypurposeistodelivercompensated,credit- bearing work-based learning, aligned with BESE-approved career pathways, and related instruction.
(3) "Fair market value" means the value of public assets, services, or Page 3 of 8 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
376 ENROLLED resources made available to a business partner, including space, utilities, equipment, or other measurable benefits, calculated pursuant to BESE- approved methodology using commercially reasonable valuation principles.
(4) "Instructional scope" means the defined operational boundaries of a career practicum that are directly tied to instructional objectives, including pathway aligned activities, financial literacy instruction, employability skill development, and compensated work-based learning.
(5)"Studentparticipant"meansastudentenrolledinaBESE-approved, work-based learning course who participates in a career practicum and is compensated as an employee of the business partner.
(6) "Hazardous occupation" shall mean any occupation or activity prohibited for minors under the provisions of the Louisiana Works rules governing the employment of minors.
§4204.
Authorization;
limited-scope model A.Acity,parish, orotherlocal school board may establish and host one or more career practicums on Louisiana public high school campuses in accordance with this Chapter.
B.
A careerpracticumshall operateexclusively within the instructional scope defined in its cooperative endeavor agreement and shall not engage in general commercial activity unrelated to instructional purposes.
C.CareerpracticumsshallalignwithBESE-approved careerpathways and integrate financial literacy and employability skill development.
D.
Any student participating in a career practicum under this Chapter who performs a credit-bearing internship experience aligned to a BESE- approvedcareerpathwayshallbedeemedtohavesatisfiedtherequirementsfor aninternshipforpurposesofthestateschoolanddistrictaccountabilitysystem, asdefinedbyrulesoftheStateBoardofElementaryandSecondaryEducation.
E.
A business partner shall provide reciprocity under the cooperative endeavoragreementthatmeetsorexceedsthefairmarketvalueofpublicassets utilizedandshallfulfillalleducationalobligationsestablishedintheagreement.
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Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
376 ENROLLED F.
Career practicums may provide customer-facing services only to the extent such services fall within the instructional scope established in the cooperative endeavor agreement.
G.
Career practicums operating solely within the instructional scope of a compliant cooperative endeavor agreement shall be deemed instructional functions of the city, parish, or other local school board and shall not be classified as commercial tenants.
H.Anyemployee,agent,orrepresentativeofabusinesspartnerwhohas direct and unsupervised interaction with students participating in a career practicum shall be subject to the same criminal background check and eligibilityrequirementsapplicabletoschoolemployeesandinstructorspursuant to applicable state law and policy of the State Board of Elementary and Secondary Education.
I.
Where a career practicum includes limited customer-facing services withintheinstructionalscope,thecity,parish, orotherlocalschool board shall retain full authority to regulate campus access consistent with existing safety and visitor policies.
Nothing in this Chapter shall be construed to require general public access to school campuses.
§4205.
Cooperative endeavor agreements A.Eachcareerpracticumshalloperatepursuanttoawrittencooperative endeavor agreement between the city, parish, or other local school board and the business partner.
B.
The agreement shall include but not be limited to the following:
(1)Adeclarationoftheessentialeducationalandpublicpurposeserved.
(2) Enforceable, nongratuitous obligations of the business partner.
(3) An inventory and valuation of public assets utilized, including a fair market value schedule.
(4) A reciprocity schedule demonstrating a reasonable expectation that benefits provided by the business partner meet or exceed fair market value.
(5) Annual fair market value recertification.
Page 5 of 8 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
376 ENROLLED (6) A clear statement of instructional scope and operating parameters.
(7) Liability insurance naming the city, parish, or other local school board and the state as additional insureds.
(8) Indemnification of the city, parish, or other local school board and the state.
(9) Safety, supervision, and training requirements.
(10)Compliancewithapplicablefederalandstatelawsgoverningstudent data privacy, child labor, workplace safety, and accessibility.
C.
Each cooperative endeavor agreement shall be public record and posted on the website of the city, parish, or other local school board.
D.
Nothing in this Chapter shall limit the authority of a city, parish, or other local school board to oversee, monitor, or evaluate the operations of a career practicum.
§4206.
Student labor, safety, and supervision A.
Student participants shall:
(1) Earn academic credit pursuant to BESE rules.
(2) Receive wages at or above the applicable minimum wage.
(3) Be employees of the business partner for wage and workers' compensation purposes.
(4) Receive required safety training prior to participation.
(5) Be prohibited from engaging in hazardous occupations barred for minors.
B.Careerpracticumsshallbestructuredsothatstudentparticipantsare the primary beneficiaries of the educational experience.
C.
Career practicums shall comply with all applicable school safety, supervision, and visitor access requirements.
§4207.
Reciprocity and restricted use of funds A.
Business partners shall provide reciprocity as established in the cooperative endeavor agreement, meeting or exceeding fair market value requirements.
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words in boldface type and underscored are additions.
SB NO.
376 ENROLLED B.
Any funds provided to a city, parish, or other local school board as reciprocity or compensation shall be deposited into a restricted Career Practicum Fund and used solely for work-based learning, instructional equipment, or related educational purposes.
§4208.
Rulemaking authority;
limitations The State Board of Elementary and Secondary Education shall promulgate rules and regulations necessary to implement this Chapter in accordancewiththeprovisionsoftheAdministrativeProcedureAct.Suchrules shall implement but not waive, narrow, or redefine the statutory requirements of instructional scope, fair market value valuation, reciprocity, or student protections established in this Chapter.
§4209.
Trade and commerce limitation A career practicum operating solely within the instructional scope of a compliant cooperative endeavor agreement shall not be deemed to be engaged in trade or commerce for purposes of R.S.
51:1401 et seq.
§4210.
Proprietary school exemption A career practicum authorized under this Chapter shall be deemed an extension of public educational programming and shall not be classified as a proprietary school pursuant to R.S.
17:3140.1 et seq.
§4211.
Charter school participation Acharterschoolgoverningauthoritymayauthorizeacareerpracticum on its campus in accordance with applicable charter law and the school's charter contract.
Where the career practicum involves the use of facilities or property owned by a city, parish, or other local school board or other public entity, any cooperative endeavor agreement required under this Chapter shall be executed in a manner consistent with applicable law governing such property.
§4212.
Existing programs A.
On-campus business operations or work-based learning programs lawfully operating on Louisiana public high school campuses prior to the Page 7 of 8 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
376 ENROLLED effective date of this Act may continue, provided they serve an educational purposeand comply with ArticleVII,Section14oftheLouisiana Constitution.
B.
Beginning with the 2029-2030 school year, all programs subject to Subsection A of this Section shall be in compliance with all other provisions of this Chapter.
Section 2.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapproved bythe legislature, this Act shall become effective on the dayfollowing such approval.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.