TITLE 17. EDUCATION

 CHAPTER 42. CHARTER SCHOOL DEMONSTRATION PROGRAMS LAW

 PART I. GENERAL PROVISIONS

 

17:3973  Definitions

 

As used in this Chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this Section except when the context clearly indicates a different meaning:

 

(1) "At-risk pupil" means any pupil about whom at least one of the following is true:

 

(a) Is eligible to participate in the federal free or reduced lunch program by demonstrating that he meets the income requirements established for participation in the program, not necessarily by participating in the program.

 

(b) Is under the age of twenty and has been withdrawn from school prior to graduation for not less than one semester.

 

(c) Is under the age of twenty and has failed to achieve the required score on any portion of the examination required for high school graduation.

 

(d) Is in the eighth grade or below and is reading two or more grade levels below grade level as determined by one or more of the tests required pursuant to R.S. 17:24.4.

 

(e) Has been identified as a student with an exceptionality as defined in R.S. 17:1942 not including gifted and talented.

 

(f) Is the mother or father of a child.

 

(2)(a) "Charter school" means an independent public school that provides a program of elementary or secondary education, or both, established pursuant to and in accordance with the provisions of this Chapter to provide a learning environment that will improve pupil achievement.  Nothing in this Chapter shall be construed to prohibit a Type 1, Type 1B, Type 2, Type 3, Type 3B, or Type 4 charter school from having a residential component.

 

(b) Charter schools shall be one of the following types:

 

(i) Type 1, which means a new school operated as the result of and pursuant to a charter between the nonprofit corporation created to operate the school and a local school board.  Within such Type 1 charter schools, only pupils who would be eligible to attend a public school operated by the local school board within the same city or parish will be eligible to attend as provided in the charter.

 

(ii) Type 2, which means a new school or a preexisting public school converted and operated as the result of and pursuant to a charter between the nonprofit corporation created to operate the school and the State Board of Elementary and Secondary Education.  Prior to the creation of such a charter to convert a preexisting school, it shall be approved by the professional faculty and staff of the preexisting school and by the parents or guardians of children enrolled in the school as provided in R.S. 17:3983(C).  Within such Type 2 charter schools, pupils who reside within the state will be eligible to attend as provided in the charter.  Creation of a Type 2 charter school shall comply with the provisions of R.S. 17:3983(A)(2)(a)(i).

 

(iii) Type 3, which means a preexisting public school converted and operated as the result of and pursuant to a charter between a nonprofit corporation and the local school board.  Prior to the creation of such a charter, the local school board may require approval of a proposal to create such a charter by the members of the faculty and staff of the preexisting school who are certified by the state board and by the parents or guardians of children enrolled in the school as provided in R.S. 17:3983(C).  Within such Type 3 schools, only pupils who would be eligible to attend a public school operated by the local school board granting the charter, or pupils from the same area as those permitted to attend the preexisting school will be eligible to attend as provided in the charter.

 

(iv) Type 4, which means a preexisting public school converted and operated or a new school operated as the result of and pursuant to a charter between a local school board and the State Board of Elementary and Secondary Education.  Prior to the creation of such a charter to convert a preexisting school, the state board may require approval of a proposal to create such a charter by the professional faculty and staff of the preexisting school and by the parents or guardians of children enrolled in the school as provided in R. S. 17:3983(C).  Within such Type 4 schools, unless an agreement with another city, parish, or other local public school board is reached to allow students to attend the charter school, only pupils who would be eligible to attend a public school operated by the local school board or pupils from the same areas as those permitted to attend the preexisting school will be eligible to attend as provided in the charter.

 

(v)(aa) Type 5, which means a preexisting public school transferred to the Recovery School District as a school determined to be failing pursuant to R.S. 17:10.5 or 10.7 and operated as the result of and pursuant to a charter between a nonprofit corporation and the State Board of Elementary and Secondary Education.  The chartering authority shall review each Type 5 charter proposal in compliance with the Principles and Standards for Quality Charter School Authorizing as promulgated by the National Association of Charter School Authorizers.  Except as otherwise provided in R.S. 17:10.7 or 1990, and notwithstanding the provisions of R.S. 17:3991(B)(1), within such Type 5 charter school, only pupils who would have been eligible to enroll in or attend the preexisting school under the jurisdiction of the city, parish, or other local public school board or other public school entity prior to its transfer to the Recovery School District may attend.   However, all such pupils shall be eligible to attend notwithstanding any other provision of this Chapter to the contrary.

 

(bb) In addition to pupils who are eligible to enroll pursuant to the provisions of Subitem (aa) of this Item, any student who is eligible to participate in a school choice program established by the prior system shall be permitted to enroll in a Type 5 charter which has capacity for another student in the appropriate grade.  Maximum capacity by grade shall be provided in the charter agreement.

 

(cc)(I) No member of the State Board of Elementary and Secondary Education shall be a member of the governing or management board of any Type 5 charter school.  No member of any city, parish, or other local public school board shall be a member of the governing or management board of any Type 5 charter school within the jurisdictional area of such city, parish, or other local public school board.

 

(II) No member of a governing or management board of any Type 5 charter school shall be an elected official as defined by R.S. 42:1102(9).  No member of such a board shall have been an elected official for a period of at least one year prior to appointment to such board.

 

(dd) A Type 5 charter school that is transferred from the Recovery School District to the administration and management of the transferring local school system pursuant to R.S. 17:10.5 or 10.7 and rules adopted by the state board shall no longer be determined to be failing and shall be converted to a Type 3B charter school.

 

(vi) Type 1B, which means a new school or a preexisting public school operated as the result of and pursuant to a charter between the nonprofit corporation created to operate the school and a local charter authorizer.  Within such charter schools, pupils who reside within the state will be eligible to attend as provided in the charter.

 

(vii) Type 3B, which means a former Type 5 charter school transferred from the Recovery School District to the administration and management of the transferring local school system pursuant to R.S. 17:10.5 or 10.7 and rules adopted by the state board.  The local school board shall permit a Type 3B charter school to remain in the facility in which it was located at the time of transfer or shall provide the Type 3B charter school with another facility for use.  Pursuant to rules and regulations adopted by the state board, the state board may require a Type 3B charter school to participate in unified processes common to other public schools located in the same parish or school district boundaries that are critical to providing equity and access to students and families, such as processes for student enrollment, expulsion, and transportation.

 

(3) "Chartering authority" means either a local school board, a local charter authorizer, or the State Board of Elementary and Secondary Education.

 

(4) "Local charter authorizer" means an entity certified by the state board in accordance with this Chapter to enter into agreements with chartering groups.

 

(5) "Local school board" means any city, parish, or other local public school board.

 

(6) "Public service organization" means any community-based group of fifty or more persons incorporated under the laws of this state that meets all of the following requirements:

 

(a) Has a charitable, eleemosynary, or philanthropic purpose.

 

(b) Is qualified as a tax-exempt organization under Section 501(c) of the United States Internal Revenue Code and is organized for a public purpose.

 

(7) "State board" means the State Board of Elementary and Secondary Education.

 

Acts 1997, No. 477, § 1, eff. June 30, 1997.  Amended by 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 2003, No. 9, § 1, eff. Nov. 6, 2003;  Acts 2005, 1st Ex.Sess., No. 35, § 1, eff. Nov. 30, 2005;  Acts 2009, No. 278, § 1, eff. July 1, 2009;  Acts 2010, No. 324, § 1, eff. July 1, 2010;  Acts 2011, No. 181, § 1;  Acts 2012, No. 2, § 1;  Acts 2012, No. 811, § 5, eff. July 1, 2012;  Acts 2013, No. 330, § 1.