Louisiana

Louisiana law does not place any caps on charter school growth.

Louisiana law allows new start-ups and public school conversions. Louisiana law divides them into types: Type 1 (new start-up approved by local school board); Type 2 (new start-up or public school conversion approved by state board of education); Type 3 (public school conversion approved by local school board); Type 3B (a former type 5 charter school transferred from the recovery school district to the administration and management of the transferring local school system); Type 4 (new start-up or public school conversion based on contract between local school board and state board of education), and Type 5 (public school conversion transferred to the recovery school district and authorized by the state board of education).

Louisiana law allows two types of authorizers: local school boards and the state board of education.

While the law does not require the legislature and governor to regularly review the performance of the state board of education as an authorizer, they can do so at any time. In addition, the ability of the state board of education to continue authorizing can be removed by the legislature and governor (the entities that gave it that authority).
Louisiana law requires each authorizer to report to the state board of education on the number of schools chartered, the status of those schools, and any recommendations by July first of each year. It does not require that these reports summarize the performance of the authorizer’s school portfolio.
Statute requires the state board of education to publish an annual report that covers all public schools including charters and includes a report on the implementation of a total system of choice.

Louisiana law allows authorizers to annually charge each charter school it authorizes a fee in an amount equal to two percent of per-pupil funding for administrative overhead costs incurred by the chartering authority for considering the charter application and any amendment thereto, providing monitoring and oversight of the school, collecting and analyzing data of the school, and reporting on school performance.

At least thirty days prior to the beginning of each fiscal year, Louisiana law requires each authorizer to provide each charter school with a projected budget detailing anticipated administrative overhead costs and planned uses for fees charged for such costs. By not later than ninety days following the end of each fiscal year, the law requires the authorizer to provide each charter school an itemized accounting of all administrative overhead costs. Additionally, by not later than ninety days following the end of each fiscal year, the law requires the authorizer to provide each charter school an itemized accounting of the actual cost of each purchased service provided to the charter school.
Louisiana law allows a charter school to contract with its authorizer for the direct purchase of specific services in addition to those included in administrative overhead costs. The law requires the authorizer to provide such services at the actual costs incurred by the authorizer and requires the amount paid by a charter school for such purchased services to be in accordance with a written agreement entered into for this purpose. It provides that such agreement must be negotiated and executed prior to the beginning of each school year and that absent such an agreement the authorizer has no authority to withhold from the charter school any funds relative to providing such services. The law also allows transportation costs to be acquired via contract at below cost if both parties agree.
Louisiana law allows an authorizer to provide other services for a charter school and charge the actual cost of providing such services, but provides that no such arrangement must be required as a condition for authorizing the charter school.

Louisiana law provides application elements for all schools and additional application elements specific to conversion schools and educational service providers. The law requires the state board of education to develop a common charter school application and timelines to be used by all authorizers and a process for authorizing multiple charter schools via one application for charters with a record of success.

Type 2, 4, and 5 applications must be submitted to the state board of education pursuant to a charter application process established by regulation, in the form of a request for applications that must include the requirements for applications. Regulations require that the release of a request for applications include public notice, notice to national, regional, and state organizations that support charter schools, and notice to all known interested parties.

State law requires local school board authorizers to also engage in a transparent application review process that complies with the latest Principles and Standards for Quality Charter Schools Authorizers as promulgated by the National Association of Charter School Authorizers, including the public posting of all application forms, timelines, and processes for review and the use of an independent evaluation of the proposal by a third party.
Louisiana law requires that decisions on charter applications be made by formal vote at official meetings of the public entities responsible and requires written explanation of reasons for denial.

Louisiana law and state board of education policy established through formal rulemaking define the requirements for charter contracts, covering many performance, financial, and operational criteria.

The law and policy provide that the charter contract represents the legal agreement between the state board of education and the school, which defines the rights and responsibilities of the parties. The law and policy also require charter schools authorized by districts to operate pursuant to the rights and responsibilities laid out in a charter contract.

The law and policy provide that charter contracts must include specific student performance, financial, and legal and contractual standards that must be met by the charter operator during the term of the charter contract.

Under Louisiana law, initial charters are issued for four years and may be extended for the maximum initial term of five years contingent on a performance evaluation made after the third year.

State rules dictate that a charter school must provide its authorizer with an annual performance report addressing academic performance in that year. In addition, per state board rule, each charter school receives a school performance score as part of the state’s assessment and accountability program, with detailed procedures adopted in state board rule for a school’s initial years and then for its sixth year of operation and thereafter.

Louisiana law requires that charter schools be evaluated annually on the timely submission of budgets, audits, annual financial reports, and all other financial reporting and compliance
with applicable financial budgeting, accounting, and auditing laws, regulations, and procedures.

Under state law, certain methods and procedures for monitoring a charter school by the authorizer must be established in the charter agreement.

The law requires the state board of education to evaluate a charter school's performance based on the state department of education's oversight and monitoring of the charter school's compliance with its statutory, regulatory, and contractual obligations and all reporting requirements. The law requires the state board to communicate its assessments to the schools. Via state regulations, the state board has established performance benchmarks by year of operation and if a school falls short, the state board may require corrective steps to be taken by the school. These provisions are only applicable to charters authorized by the state board of education, not to charters authorized by local school boards.

Louisiana law requires each charter school to provide a comprehensive report to its chartering authority at the end of its the third year. If the charter school is achieving its stated goals and objectives pursuant to its approved charter, then the authorizer must extend the charter for the additional two-year period as provided in law. It does not require a similar report at the end of its fifth year of operation.

Louisiana law requires schools seeking renewal to apply for it and requires each chartering authority to share their renewal criteria and procedures with their schools.

State law requires that any charter school overseen by a local school board is automatically renewed if it has met or exceeded the benchmarks established in accordance with the school and district accountability systems, has demonstrated growth in student achievement, and has had no significant audit findings for the three consecutive years prior to its consideration for renewal.

Louisiana law provides that no charter shall be renewed unless the charter renewal applicant can demonstrate, using standardized test scores, improvement in the academic performance of pupils over the term of the charter school's existence.

Louisiana regulation provides that state-authorized charter school in Louisiana receiving an academically unacceptable performance label based on state assessment and accountability program results from the school’s fourth year of operation (or for subsequent renewals, the year prior to the submission of a renewal application) will not be eligible for renewal unless certain conditions are met.

Louisiana law provides that an authorizer may revoke a charter contract if the school failed to improve the academic performance of students on standardized tests over the term of the charter school's existence, committed a material violation of any of the conditions, standards, or procedures provided for in the approved charter, failed to meet or pursue within the agreed timelines any of the academic and other educational results specified in the approved charter, failed to meet generally accepted accounting standards of fiscal management, or violated any provision of law applicable to a charter school, its officers, or its employees.

Louisiana law allows charter contracts to be renewed for additional periods of not less than three nor more than ten years after thorough review by the approving chartering authority of the charter school's operations and compliance with charter requirements.

Louisiana law requires authorizers to notify schools in writing of any decisions made relative to renewal or non-renewal of a school’s charter not later than January 31st of the year in which the charter would expire.

Under state regulations, prior to meeting to present a recommendation of revocation of any charter authorized by the state board of education, the state department of education must notify the charter operator of the reasons. Regulations provide that the school must have an opportunity to provide input and a hearing must be held consistent with due process protections. These provisions are only applicable to charters authorized by the state board of education, not to charters authorized by other entities.

The law requires that revocation decisions must be made by a majority vote at a formal meeting of the local district board or the state board of education.

State board rule details procedures for asset recordkeeping and disposition in the event of a school closure. However, they don’t ensure timely parent notification and orderly student and record transitions.

State board rule requires schools that plan to contract with an educational service provider (ESP) to include the details of such contracts in their charter applications. Such details must include performance data for current or past schools operated by the ESP, evidence of the ESP’s capacity for successful growth, the material terms of the performance contract, and any existing or potential conflicts of interest. They also require charter school boards to operate legally and fiscally independent of any ESP.

Under Louisiana law, a charter school is an independent public school, regardless of type. The law provides that charter schools can exercise the powers needed to perform any necessary function. It also specifies that governing boards operate independently of authorizers and that all charter schools except Type 4 charters must be organized as non-profit corporations under applicable federal and state laws. Law is explicit that for charters overseen by the state board of education, the board of directors of each charter operator must exercise final authority in matters affecting the charter school including, but not limited to, staffing, financial accountability, and curriculum.

Depending on the type of charter, some restrictions on the enrollment area exist.
Louisiana law includes anti-discrimination provisions regarding admissions.
For each type of charter school except Types 3B and 5, state law specifies the minimum and/or maximum percentage of at-risk pupils that shall attend each type of charter school.
The law provides that previously enrolled students in conversion schools and students previously enrolled at a charter school and their siblings are exempt from the lottery.
Louisiana law permits a charter school to create admission requirements, which may include 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. This provision does not apply to Types 3B and 5 charter schools.
All types of charter schools except Type 2 charters may also include enrollment preferences for students residing within geographic boundaries immediately surrounding each school, although Type 5 schools cannot have more than 50% of such students in each grade. Type 2 charters may establish residency requirements to include all students living within the state or as restricted to a particular parish or parishes.
Law also permits enrollment preferences of up to 50% of the enrollment for dependent children of permanent employees of a corporate partner.
For the process of enrolling students for the 2013-2014 school year, state board rule requires the state department of education to manage a pilot program wherein the department shall allow an enrollment preference for those students matriculating or transferring into ninth grade or above between eligible state board-authorized charter schools for a limited percentage of the seats in the charter school, to be determined by the department.
Louisiana law requires charter schools to use an admissions lottery if the total number of eligible applicants exceeds the capacity of a program, class, grade level, or school.

Notwithstanding any state law, rule, or regulation to the contrary and except as provided in the state's charter school law and as may be otherwise specifically provided for in an approved charter, Louisiana law provides that charter schools are exempt from all rules and regulations of the state board and those of any local school board that are applicable to public schools and to public school officers and employees.

Louisiana law provides that teachers within charter schools do not need to meet state certification requirements. The law instead requires that charter teachers have a minimum of a baccalaureate degree.

Louisiana law permits (but does not require) collective bargaining for non-charter public school teachers. Under Louisiana law, there are no items that are explicitly included or excluded from negotiations in teachers’ collective bargaining agreements.Louisiana law requires the provisions of any collective bargaining agreement entered into by the local school board in whose jurisdiction the charter school is located to apply to such charter schools, unless its approved charter provides otherwise. A charter operator may select to not be subject to such a collective bargaining agreement in its charter. This provision does not apply to Type 5 charters, which are exempt from participation in any district collective bargaining agreement.
Prior to the Supreme Court’s Janus v. AFSCME decision, Louisiana state law prohibited unions from charging agency fees to non-union members of any collective bargaining unit. Therefore, the Supreme Court’s decision did not have any effect on unions in the state.
The state’s labor law is also silent on the process for selecting or certifying an exclusive representative for a public agency’s bargaining unit, which presumably delegates this authority to local jurisdictions. Generally, courts have held that in states without laws or without comprehensive laws, public employers have the authority to grant recognition to public sector unions and to enter into legally enforceable collective bargaining agreements covering employees. Note that the Fifth Circuit recently held that Louisiana charter schools are subject to the National Labor Relations Act, meaning that they are subject to federal rather than state laws governing labor organizing. This determination is based on the state’s treatment of charter schools’ governing board members and may not be generalizable to other states in the Fifth Circuit.

Louisiana law allows charter schools that have a letter grade designation of an A or B and have met the criteria for automatic renewal to open and operate two additional schools serving the same grade levels and the same enrollment boundaries as defined in the charter agreement without formal application to the authorizer. Instead, the law requires the schools to provide a notice of intent to their authorizers. The law requires authorizers to enter into a charter agreement for such additional schools.

Louisiana law is silent about charter eligibility and access.

The law provides that any Type 2 or 5 charter school shall be considered the local education agency for funding purposes and statutory definitions pursuant to rules adopted by the state board. The law provides that the local school board shall remain the local education agency for any Type 1, 3, or 4 charter school. The law provides that a Type 5 charter school shall have the option to remain its own local education agency for funding purposes and statutory definitions upon conversion to a Type 3B charter school pursuant to rules adopted by the state board. The law requires that any funding associated with a student qualifying for special education funds shall flow directly to the school.

Louisiana law includes some of the model law’s provisions for equitable operational and categorical funding, but there is no evidence of the amount of funds charters receive versus districts.
Louisiana law makes the funding requirements and allocation process clear for each charter type.

The law provides that those approved by local school boards receive their money through them, while those approved by the state board or a local charter authorizer receive funding directly from the state.

Statute indicates that charter schools have access to all applicable categorical federal and state funding.

It also provides some funding for transportation within the allocations provided to charter schools.

Louisiana law requires a local school board to provide a per-pupil portion of local revenues approved by voters for capital outlay or debt service to charter schools that are not housed in facilities provided by the district.Louisiana law requires local school boards to make available to chartering groups any vacant school facilities or any facility slated to be vacant for lease or purchase at fair market value. For conversion charter schools, the facility and all the property within the existing school must be made available to the chartering group. If such facilities were constructed at no cost to the local 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. Otherwise, the chartering group is required to pay a proportionate share of the local school board's bonded indebtedness.
Louisiana law provides the Louisiana Charter School Start-Up Fund, which provides zero-interest loans for both new and existing charter schools of up to $100,000 with terms of up to three years. It allows the loans to be used for facility acquisition, upgrade, and repairs. The state is not currently funding this program.
Louisiana law provides that charter schools are eligible to access tax-exempt financing through the Louisiana Public Facilities Authority.

Louisiana law provides charter schools with the option to participate in the relevant state employee retirement systems, except that it requires Type 4 charters to participate.

Louisiana law does not include any of the model law’s provisions regarding full-time virtual charter schools.