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ENROLLEDHCAHB1003 3391 3345 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendmentsproposedbyHouseCommittee BILLonEducationto OriginalHouseBill No.1003 by Representative Freeman AMENDMENT NO.
10031 BYOn REPRESENTATIVEpage FREEMAN1, ANline ACT16, Toafter amend"Subsection." delete the remainder of the line and reenactdelete R.S.line 17 Page 1 of 1 CODING:
17:3982(B)(2)(a), and to enact R.S.
17:10.7.1(J), relative to certain schools returned from the Recovery School District;
to provide relative to certain charter schools;
to provide relative to overcapacity in a school district;
to provide for reporting;
to provide for the lease or sale of certain property;
to provide for the powers and duties of a local school board;
to provide for the powers and duties of a local superintendent;
to provide for effectiveness;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
17:3982(B)(2)(a) is hereby amended and reenacted and R.S.
17:10.7.1(J) is hereby enacted and to read as follows:
§10.7.1.
Return of certain schools from the Recovery School District to the transferring school system;
timeline;
conditions;
funding * * * J.(1)(a) The local school board shall adopt a policy to define, monitor, and mitigate systemwide overcapacity relative to the number of operating schools in accordance with the provisions of this Subsection.
(b) The policy shall establish quantitative standards for overcapacity of schools with jurisdiction over grades kindergarten through eight and schools with jurisdiction over grades nine through twelve.
At a minimum, the metrics for such standards shall include the following:
(i) Student enrollment projections.
(ii) Student demographic projections.
(iii) Programmatic seat capacity.
(iv) Facility utilization targets.
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1003 ENROLLED (c) The local superintendent shall submit a written report utilizing the most recentenrollmentdataavailabletotheschoolboardbyNovemberfifteenthannually.
The report shall include a formal determination of whether the district is in a status of overcapacityof schools with jurisdiction over grades kindergarten through eight, schools with jurisdiction over grades nine through twelve, or both categories of schools.
An overcapacitystatus shall remain in effect until the local superintendent submits a report demonstrating such status no longer exists.
(d) Upon a determination of overcapacity, the local superintendent shall recommend to the school board specific actions to be implemented the following school year to mitigate overcapacity.
The local superintendent shall submit the recommendations by December fifteenth of the same calendar year that the local superintendentsubmitsthereportpursuantto Subparagraph(c)ofthis Paragraph,or at the school board or committee meeting where charter renewal recommendations arepresented,whicheveroccursfirst.Indeterminingtherecommendations,thelocal superintendent shall consider relevant factors including but not limited to district accountability policies and academic performance standards.
(e) Thelocalsuperintendentmayimplementrecommendationssubmitted to theboardpursuanttoSubparagraph(d)ofthisParagraph,unlesstheboardrejectsthe recommendations by a two-thirds vote of the total membership of the board within thirty days after submission of the recommendations to the board, or by December thirty-first of the same calendar year as submission of the recommendations to the board, whichever occurs first.
(2) Notwithstandinganyotherprovisionoflaw,administrativerule,orterms of any charter contract or agreement to the contrary, the following provisions shall apply when a status of overcapacityis in effect:
(a) The local school board may terminate a charter contract prior to its expirationto addressovercapacityofschools,providedtheterminationisconsistent with the policy adopted pursuant to the Paragraph (1) of this Subsection.
(b) No new school shall open that has jurisdiction over the grade levels in which overcapacity exists.
If the local school board changes the operator of an Page 2 of 4 CODING:
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1003 ENROLLED existingschooldueto failureto meet district academicperformancestandards, such school shall not be considered a new school for purposes of this Subparagraph.
(c) If a school building is vacated during a time when a status of overcapacity of schools is in effect, upon a recommendation of the local superintendent approved by a majority vote of the local school board, the school district shall be exempt from the provisions of R.S.
17:3982(B)(2)(a).
* * * §3982.
Local school boards;
duties;
Orleans Parish School Board;
immovable property;
sale or lease * * * B.
* * * (2)(a)(i) TheOrleansParishSchoolBoardshallmakeavailabletochartering groups, for lease or purchase up to fair market value, any school facility or other immovable property, whetherimproved or unimproved, that is owned bythe school boardandthatis vacantor slated to be vacant.
In thecaseofaType2charterschool created as a result of a conversion, the immovable property, including any unimproved property, and all other schoolboardpropertywithin the existing school shall be made available to that chartering group.
In return for the use of the facility and its contents, the chartering group shall pay a proportionate share of the local school board's bonded indebtedness to be calculatedin the same manner as set forth inR.S.17:1990(C)(2)(a)(i).
Ifsuchfacilitieswereconstructedatnocosttothelocal school board, then such facilities including all equipment, books, instructional materials, and furniture within such facilities shall be provided to the charter school at no cost.
(ii) The provisions of this Subparagraph shall not apply to certain vacant property as provided in R.S.
17:10.7.1(J).
* * * Section 2 This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature Page 3 of 4 CODING:
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1003 ENROLLED by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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