§ 17:3991 — Charter schools; requirements; limitations; renewal; amendment; revocation; board

Louisiana § 17:3991

• Jurisdiction: Louisiana
• Title 17: Credit Union Law

Text

§3991. Charter schools; requirements; limitations; renewal; amendment; revocation; board
membership
A.(1)(a) Except for a Type 4 charter school, a charter school approved and
established in accordance with the provisions of this Chapter shall be organized as a
nonprofit corporation under applicable state and federal laws.
(b)(i) Should a charter school be established with a governing or management board,
the members of such shall receive no compensation other than reimbursement of actual
expenses incurred while fulfilling duties as a member of such a board.
(ii) Notwithstanding any provision of Chapter 15 of Title 42 of the Louisiana
Revised Statutes of 1950 or any other law to the contrary, a member of a charter school
governing or management board may serve as an officer, director, or employee, whether
compensated or not, of any national or state bank; however, he shall recuse himself from
voting in favor of any such bank and shall disclose the reason for such recusal by filing a
statement of the reason into the minutes or record of the charter school governing or
management board and by forwarding a disclosure form to the Board of Ethics.
(c)(i) A charter school shall be prohibited from employing, in any manner, any
member of the governing or management board of such school.
(ii) Not more than twenty percent of the members of any governing or management
board of a charter school shall be members of the same immediate family. Members of the
same immediate family shall include a board member and any other board members to whom
he is related as defined in R.S. 42:1102(13) and any other board members to whom any of
them are so related.
(iii) Beginning October 1, 2018, the membership of the governing or management
board of each charter school located in a parish with a population of between three hundred
twenty-five thousand and three hundred seventy-five thousand persons, based on the most
recent federal decennial census, shall include at least one member who is a parent, legal
guardian, or grandparent of a student enrolled in the charter school or an alumnus of the
school, who may be appointed or elected. Each charter school governing or management
board shall adopt a policy prescribing the process and timelines for either appointing or
electing a parent, legal guardian, or grandparent of a student or an alumnus of the school to
the board. The policy shall be provided to the parents of each child enrolled in the school and
published on the school's website.
(iv) Beginning with the 2019-2020 school year, the governing or management board
of each charter school, other than a Type 2 charter school, located in a parish with a
population of between three hundred twenty-five thousand and three hundred seventy-five
thousand persons, based on the most recent federal decennial census, shall be representative
of the community in which the charter school is located by race and gender to ensure
diversity, and no fewer than sixty percent of its members shall reside in the parish in which
the school is located.
(2) Consistent with the provisions of this Chapter, a charter school and its officers
and employees may exercise any power and perform any function necessary, requisite, or
proper for the management of the charter school not denied by its charter, the provisions of
this Chapter, or other laws applicable to the charter school.
B. Each proposed charter shall contain or make provision for the following:
(1)(a)(i) That for charter schools created as new schools and charter schools created
as a result of a conversion after the 2011-2012 school year, the percentage of the total
number of students enrolled in the charter school based on the October first student
membership who are economically disadvantaged and students with exceptionalities as
defined in R.S. 17:1942, not including gifted and talented, shall be equal to not less than
seventy percent of the average percentage of students enrolled in the local public school
districts from which the charter school enrolls its students who are economically
disadvantaged and shall be equal to not less than seventy percent of the average percentage
of students enrolled in the local public school districts from which the charter school enrolls
its students who have been identified as a student with an exceptionality as defined in R.S.
17:1942, not including gifted and talented. For the purposes of fulfilling the provisions of
this Section, the economically disadvantaged and students with exceptionalities percentage
for the local public school district shall remain fixed during the term of the approved charter
at the percentage which existed during the school year that the charter proposal was approved
or renewed.
(ii) Except as provided in Subitem (cc) of this Item, the requirements of Item (i) of
this Subparagraph shall not apply to any charter school which is established with the
educational mission of meeting the needs of students who are the dependent children of
military personnel provided that all of the following conditions are met:
(aa) The charter school predominantly enrolls pupils who, at the time of enrollment,
are the dependent children of military personnel.
(bb) All dependent children of military personnel who seek admission to the school
and who are economically disadvantaged as defined in R.S. 17:3973 are admitted to the
school.
(cc) In the enrollment of pupils from the general population in the community where
the charter school is located who are not dependent children of military personnel, the charter
school shall comply with the provisions of Item (i) of this Subparagraph, except that the
requirements contained therein shall apply to and be based upon only such general population
pupils admitted.
(b)(i) That for charter schools created as a result of a conversion during or prior to
the 2011-2012 school year, the percentage of the total number of students enrolled in the
charter school based on the October first student membership who are economically
disadvantaged and students with exceptionalities as defined in R.S. 17:1942, not including
gifted and talented, unless otherwise agreed to as part of the charter agreement, by the
chartering authority, shall be equal to not less than the percentage of the total of students
enrolled in the school in the school year prior to the establishment of the charter school who
were economically disadvantaged and shall be equal to not less than the percentage of the
total of students enrolled in the school in the school year prior to the establishment of the
charter school who were identified as a student with an exceptionality as defined in R.S.
17:1942, not including gifted and talented.
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, that for Type
2, Type 3, and Type 4 charter schools in Richland Parish, the percentage of the total number
of pupils enrolled in the charter school based on the October first pupil membership who are
at risk, in the manner provided in R.S. 17:3973(1)(a) and (e), shall be, as near as practicable,
not more than the percentage of the total number of pupils enrolled in the public elementary
and secondary schools and in the state-approved nonpublic elementary and secondary schools
located in the local public school district in which the charter school is located who are
eligible to participate in the federal free and reduced lunch program or who have been
identified as a student with an exceptionality as defined in R.S. 17:1942, not including gifted
and talented. However, in no case shall the initial enrollment of such a school nor the cohort
of students enrolled for each new school year have, as near as practicable, fewer than fifty
percent students who are at risk in the manner provided in R.S. 17:3973(1)(a) and (e).
(c) For the purposes of this Section, students holding a valid passport from the
country of France shall not be counted when calculating the overall percentage of students
attending the charter school who are economically disadvantaged.
(d) The provisions of this Paragraph and Paragraph (3) of this Subsection shall not
apply to Type 5 or 3B charters.
(e)(i) The state board shall develop and administer a process for determining if a
charter school is meeting the student enrollment requirements of this Paragraph. The process
shall provide for an investigation of a charter school that fails to meet the requirements to
determine the reasons for such failure and all actions taken by the school toward meeting the
requirements. The process also shall include a clear identification of the responsibilities of
the charter school, the local school board of the district in which the charter school is located,
and the state board for meeting the needs of the students.
(ii) The state board shall promulgate rules in accordance with the Administrative
Procedure Act for the implementation of this Subparagraph.
(f) Notwithstanding any provision of law to the contrary, if the aggregate student
enrollment data for all of the charter schools located within the boundaries of the city or
parish school system in which a charter school is located meets the enrollment requirements
of economically disadvantaged students and students with exceptionalities, not including
gifted and talented, as provided in this Paragraph, every charter school located within the
boundaries of the school system shall be deemed to be in compliance with the provisions of
this Paragraph.
(2) A statement of the school's role, scope, and mission.
(3) Admission requirements, if any, that are consistent with the school's role, scope,
and mission may be established pursuant to rules promulgated by the state board. Such
admission requirements shall be specific and shall include a system for admission decisions
which precludes exclusion of pupils based on race, religion, gender, ethnicity, national
origin, intelligence level as ascertained by an intelligence quotient examination, identification
as a student with an exceptionality as defined in R.S. 17:1942(B), or identification as a
student who is economically disadvantaged. Such admission requirements may include,
however, specific requirements related to a school's mission such as auditions for schools
with a performing arts mission or proficiency in a foreign language for schools with a
language immersion mission. Any school which was chartered prior to July 1, 2012, and
which incorporated achievement of a certain academic record as part of its admission
requirements may continue to use such admission requirements. No local board shall assign
any pupil to attend a charter school, except that a local board in a district in which fifty
percent or more of the public schools in the district are charter schools and that uses a single
application and enrollment process adopted by the local board for public school enrollment
may assign a pupil to a charter school based on such enrollment process, the preferences of
the pupil's parent or legal guardian, the charter school's admission requirements, the charter
contract, and the local board's policies.
(4)(a) A description of the jurisdiction within which a pupil shall reside or otherwise
be eligible to attend a public school in order to be eligible for admission.
(b) A description of the geographic boundaries circumscribing the neighborhood
immediately surrounding the charter school from which students residing within may be
given preference for enrollment as provided in Subsection C of this Section.
(5) A financial and accounting plan sufficient to permit a governmental audit.
(6) A description of how the proposed charter school fulfills one or more of the
purposes specified in this Chapter, including how the best interests of students who are
economically disadvantaged will be considered.
(7) A description of the education program offered by the school, including how the
program will meet the educational needs of students who qualify as economically
disadvantaged and students with exceptionalities as defined in R.S. 17:1942(B).
(8) The specific academic and other educational results to be achieved, the timelines
for such achievement, and how results will be measured and assessed.
(9) Repealed by Acts 2012, No. 2, §2.
(10) The organizational, governance, and operational structure of the school. Any
qualifications required of charter school administrators and governing board members shall
be as prescribed in the charter school agreement.
(11) Policies, programs, and practices to ensure parental involvement.
(12) Personnel policies and employment practices applicable to the school's officers
and employees.
(13) Assurance that teachers and other school employees will be evaluated in
accordance with R.S. 17:3997.
(14) School rules and regulations applicable to pupils including disciplinary policies
and procedures that incorporate research-based discipline programs, such as positive
behavioral interventions and supports and restorative justice principles in accordance with
R.S. 17:252.
(15) Information concerning the school location and the adequacy of its facilities and
equipment. Such information shall include a statement of the procedures to be followed and
disposition of facilities and equipment should the charter be terminated or not renewed.
(16) Management and accounting practices to be employed.
(17) Provisions regarding liability issues.
(18) Types and amounts of insurance coverage provided.
(19) The methods and procedures to be used for monitoring the charter school by the
chartering authority. Such methods and procedures shall be established through agreement
by all parties and shall include the right of the chartering authority and its designated officer
to visit and inspect the charter school on a reasonable basis.
(20) A requirement that curriculum shall be focused on the intellectual domain with
intellectual development defined as acquisition of discrete technical and academic skills. No
curriculum at a charter school shall be offered that would limit in any way the ability of a
pupil to attend the school in the public school system that the student would otherwise attend
if not enrolled at the charter school.
(21) A requirement that charter schools regularly assess the academic progress of
their pupils, including the participation of such pupils in the state testing programs, and share
such information with parents. The state Department of Education shall work directly with
each charter school regarding the implementation of the state testing program in those
schools.
(22) A requirement that a pupil shall have a mastery of grade-appropriate skills
before the pupil can be recommended for promotion or promoted.
(23) Provisions regarding the security of the school. If a local school board provides
security services for its schools then it shall make such services available to any of its Type
1, 3, 3B, or 4 charter schools on terms as provided within the charter agreement.
(24) A plan for collecting data in accordance with R.S. 17:3911.
C. A charter school shall:
(1)(a) Enroll an eligible pupil who is eligible under the residency requirements
established in the charter as required in Paragraph (B)(4) of this Section and who submits a
timely application unless the total number of eligible applicants exceeds the capacity of a
program, class, grade level, or school, in which case the charter school shall conduct an
admissions lottery as provided in Subparagraph (c) of this Paragraph.
(b)(i) An application shall be timely if it is submitted within the period designated
by the charter school, which period shall not be less than one month nor more than three
months. There shall be an established application period for each successive school year.
(ii) Application information, including enrollment eligibility, any applicable
enrollment preferences, program enrollment capacity, the application period, and any
important application and enrollment dates, shall be made available to all applicants and
posted on the school's website.
(c)(i) Except as is provided in Items (ii) and (iii) of this Subparagraph, the charter
school shall admit no pupil during the application period but shall wait until the period has
ended. If fewer eligible pupils have applied than is the maximum that the school can admit,
then all eligible pupils shall be admitted and additional pupils may apply and be admitted for
the school year to which the application period applies until the maximum number is
admitted. If the total number of eligible applicants exceeds the capacity of a program, class,
grade level, or school, admission to the program, class, grade level, or school shall be based
on an admissions lottery conducted from among the total number of eligible applicants done
in such a fashion as to ensure enrollment transparency. Lottery information, including when
and where the lottery will be conducted, the mechanism by which the lottery will be
conducted, and the results of the lottery, including any waiting list information, shall be made
available to all applicants. Applicants placed on a lottery enrollment waiting list shall be
notified of their waiting list ranking and notified of any changes to the enrollment waiting
list throughout the school year. There shall be an established lottery each successive school
year as necessary. Lottery enrollment waiting lists shall not roll over from one school year
to the next.
(ii) In the case of the creation of a charter by the conversion of a preexisting school,
pupils enrolled in the preexisting school shall be given preference over all other applicants
and the applications procedure shall be established in a fashion that provides ample
opportunity for such pupils to exercise the right for preferential admission.
(iii) A charter school may modify its enrollment procedures in order to give
preference to students previously enrolled in the school and their siblings and to give
preference to siblings submitting their applications to enroll in the school for the first time.
(iv) Unless otherwise provided for within the charter, charter schools may not enroll
in any given year more than one hundred twenty percent of the total number of students
which had been approved in their charter without formally amending their charter. The state
board may authorize the state superintendent of education and the superintendent of the
Recovery School District to amend the charter of any Type 5 charter school participating in
a unified enrollment system administered by the Recovery School District for the purpose
of adjusting student enrollment limitations.
(v) A charter school may directly enroll the child of a faculty member if the child
meets all admission requirements for the school. No student admitted to a charter school
pursuant to this Item shall be counted to determine whether such enrollment exceeds the
capacity of a program, class, grade level, or school. A charter authorizer that uses a common
application and enrollment process for its charter schools shall adopt uniform policies and
procedures to implement the provisions of this Item, but such policies and procedures shall
not limit the ability of a school to exercise the authority granted by this Item.
(vi) A charter school with a foreign immersion mission may directly enroll the child
of a foreign consular officer who resides in Louisiana if the child meets all mission-related
and academic admission requirements established for the school. No student admitted to a
charter school pursuant to this Item shall be counted to determine whether such enrollment
exceeds the enrollment capacity of a program, class, grade level, or school. A charter
authorizer that uses a common application and enrollment process for its charter schools
shall adopt uniform policies and procedures to implement the provisions of this Item, but
such policies and procedures shall not limit the ability of a school to exercise the authority
granted by this Item.
(d) Beginning with the 2011-2012 school year, each elementary and middle charter
school, other than a Type 2 charter school, may request from and be granted by its chartering
authority the authority to give preference in its enrollment procedures to students residing
within the neighborhood immediately surrounding the school. The geographic boundaries
of the neighborhood immediately surrounding such school shall be determined by the
school's chartering authority.
(e) The state board shall develop rules and regulations for determining a charter
school's compliance with the application and enrollment transparency requirements set forth
in this Subsection. The state board shall also provide for a process to investigate allegations
of discriminatory practices of a charter school that shall include but not be limited to the
review of data related to a charter school's enrollment, discipline, parent complaints, and
identification of students with exceptionalities, not including gifted and talented. The state
board shall annually produce a status report regarding enrollment percentages of
economically disadvantaged students and students with disabilities.
(2) Conduct the pupil assessments required by the state board for pupils in other
public schools pursuant to R.S. 17:24.4.
(3) Be subject to any court-ordered desegregation plan in effect for the city or parish
school system.
(4) Comply with the criteria set forth in Brumfield, et al. v. Dodd, et al., 425 F. Supp.
528.
(5) Be nonsectarian in its programs, admissions policies, and employment practices.
(6) Employ instructional staff who have at least a baccalaureate degree and who shall
be subject to all provisions of state law relative to background checks applicable to the
employment of public school personnel.
(7) Have the autonomy necessary to manage its educational programming and daily
operations in accordance with law, policy, and contract.
D.(1) A charter school may negotiate with the local school board in whose
jurisdiction it is located for use of facilities and the operation and maintenance thereof, for
pupil transportation, and for other support services provided by the board to other public
schools in the system.
(2)(a)(i) Notwithstanding the provisions of R.S. 17:158(A), if the local school board
is requested to provide transportation services to a charter school student pursuant to R.S.
17:158, then the charter school receiving the transportation services shall reimburse the local
school board for the actual cost of providing such transportation unless an amount less than
actual cost is agreed upon by both parties.
(ii) Providing transportation services pursuant to the provisions of this Paragraph and
the amount reimbursed to the local school board by a charter school for such services shall
be in accordance with a written agreement entered into for this purpose by the charter school
and the local school board prior to any transportation services being provided by the board
for students at the charter school.
(iii) By not later than ninety days following the end of each fiscal year, the local
school board shall provide the charter school with an itemized accounting of the actual cost
of transportation services provided to the charter school students.
(b) The provisions of this Paragraph shall not apply to any contract or agreement for
providing transportation services between a charter school and the local school board which
is in effect on August 15, 2007.
E. A charter school shall not:
(1) Be supported by or affiliated with any religion or religious organization or
institution; however, a charter school may receive from any such organization or institution
support or student services including but not limited to mentoring, volunteering, fundraising,
or tutoring.
(2) Result from the conversion of any private school or any home study program, as
defined in R.S. 17:236.
(3) Charge any pupil any tuition or an attendance fee of any kind.
(4) Discriminate among potential employees, employees, or pupils in violation of
any state or federal law.
(5)(a) Hire a person:
(i) As an administrator, teacher, substitute teacher, bus operator, substitute bus
operator, janitor, or other school employee who might reasonably be expected to be placed
in a position of supervisory or disciplinary authority over school children who has been
convicted of or has pled nolo contendere to a crime listed in R.S. 15:587.1(C).
(ii) As an administrator, teacher, or substitute teacher if any of the following apply
to the person:
(aa) Has been convicted of or has pled nolo contendere to a crime listed in R.S.
15:587.1(C) even if adjudication was withheld or a pardon or expungement was granted.
(bb) Has been found to have submitted fraudulent documentation to the State Board
of Elementary and Secondary Education or the state Department of Education as part of an
application for a Louisiana teaching certificate or other teaching authorization.
(cc) Has been found to have facilitated cheating on any state assessment as
determined by the State Board of Elementary and Secondary Education.
(iii) Notwithstanding any other provision of law, a charter school may hire a person
as a teacher or substitute teacher who is otherwise prohibited from being hired if the state
board approves a formal appeal request submitted by the person and issues a teaching
certificate or authorization as provided in R.S. 17:8.7(B).
(b) The state board shall establish regulations, requirements, and procedures
consistent with the provisions of R.S. 15:587.1 under which the school governing authority
shall determine whether an applicant or employee has been convicted of or pled nolo
contendere to any criminal offense. Included in these regulations shall be the requirement
and the procedure for the submission of a person's fingerprints in a form acceptable to the
Louisiana Bureau of Criminal Identification and Information prior to employment of such
person.
(6)(a) Require the parent or legal guardian of any student to disclose any medical
information or special education needs, income, or economically disadvantaged status prior
to the student's being enrolled in the charter school, unless otherwise specifically required
by law.
(b) Nothing in this Paragraph shall prohibit a charter school from providing an
enrollment preference to a student with special needs or who is economically disadvantaged
when the student's parent or legal guardian has voluntarily provided the school with
information regarding such needs.
F. Except for a Type 4 charter school, a local school board shall not assign any pupil
or employee to a charter school or interfere in any way with the operation and management
of a charter school except as provided by the approved charter, the provisions of this Chapter,
or other law applicable to the charter school or its officers or employees.
G. Any pupil enrolled in a charter school who decides not to attend such charter
school shall be permitted by the local school board to attend the public school that the pupil
would otherwise attend if not enrolled at the charter school.
H.(1)(a) Any assets acquired by a Type 1, 2, 3, 3B, or 5 charter school are the
property of that charter school for the duration of that school's charter agreement.
(b) Any assets acquired by a Type 4 charter school are the property of the local
school board.
(2) If a Type 1, 3, or 3B charter school is approved for conversion to a Type 2 charter
school under the provisions of R.S. 17:3983(B)(2), all assets purchased with any public funds
prior to such conversion shall remain the property of that charter school for the duration of
that school's charter agreement with the state board.
(3)(a) If the charter agreement of any Type 1, 2, 3, 3B, or 5 charter school is revoked
or the school otherwise ceases to operate, all assets purchased by the charter school with any
public funds become the property of the chartering authority.
(b) Notwithstanding Subparagraph (a) of this Paragraph, if the charter agreement of
a Type 2 charter school that was previously any other type of charter school is revoked or the
school otherwise ceases to operate, any property owned by the local school board that was
used by the charter school prior to such revocation or ceasing of operation remains the
property of the local school board.
(4) Charter schools shall maintain records of any assets acquired with any private
funds which remain the property of the nonprofit group operating the charter school. Acts 1997, No. 477, §1, eff. June 30, 1997; Acts 1999, No. 14, §1; Acts 1999, No.
757, §1, eff. July 2, 1999; Acts 1999, No. 1210, §1; Acts 1999, No. 1339, §1, eff. July 12,
1999; Acts 2001, No. 453, §1, eff. June 21, 2001; Acts 2001, No. 592, §1, eff. June 22, 2001;
Acts 2003, No. 9, §1, eff. Nov. 6, 2003; Acts 2003, No. 381, §1; Acts 2008, No. 458, §1, eff.
July 1, 2008; Acts 2009, No. 123, §1, eff. June 26, 2009; Acts 2010, No. 756, §2, eff. Jan.
1, 2011; Acts 2011, 1st Ex. Sess., No. 41, §1, eff. June 12, 2011; Acts 2012, No. 2, §§1, 2;
Acts 2012, No. 811, §5, eff. July 1, 2012; Acts 2013, No. 330, §1; Acts 2015, No. 467, §1,
eff. July 1, 2015; Acts 2016, No. 121, §1; Acts 2016, No. 303, §1, eff. June 2, 2016; Acts
2016, No. 497, §1, eff. June 14, 2016; Acts 2017, No. 136, §1; Acts 2017, No. 253, §1, eff.
June 14, 2017; Acts 2017, No. 335, §1; Acts 2018, No. 307, §1; Acts 2018, No. 634, §1, eff.
July 1, 2018; Acts 2018, No. 646, §1, eff. June 1, 2018; Acts 2019, No. 387, §1; Acts 2024,
No. 334, §1, eff. May 28, 2024; Acts 2024, No. 659, §1; Acts 2025, No. 129, §1.