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Charter School GUIDEBOOK

June 2008

200 Broadway Street • Suite 108


New Orleans, LA 70118
Phone: 504-274-3619
www.nsno.org
Table of Contents

Chapter Page

INTRODUCTION i

1 ESTABLISHING THE SCHOOL 1

2 ESTABLISHING AN ORGANIZATIONAL STRUCTURE 11

3 BUDGETING AND FINANCE 24

4 HUMAN RESOURCES 54

5 STUDENT ENROLLMENT 66

6 SPECIAL POPULATIONS 72

7 REPORTING REQUIREMENTS 77

8 ACADEMIC ASSESSMENTS 87

9 STUDENT HEALTH AND SAFETY 94

APPENDIX 1: CHARTER SCHOOL LAW (ACT 42) 103

APPENDIX 2: RECOVERY SCHOOL DISTRICT LAW (ACT 35) 125


INTRODUCTION

The goal of this Guidebook is to provide charter school leaders and their staff easy access to information
that is essential for the successful operation of their school. We have attempted to capture all local, state,
and federal regulations that apply to charter schools in the city of New Orleans while also highlighting
operational best practices. While this guide is geared to charter school operators and charter school
applicants in New Orleans, charter school operators across the state of Louisiana should find this guide to
be useful as well.

The information contained in this guide has been compiled from numerous sources and the content will
be continually reviewed, tested and revised in order to provide the most up-to-date knowledge available.
A copy of Act 42, Louisiana’s Charter School Law, is included in this document in the appendices section.
All charter school operators and applicants should be familiar with all of the provisions in the act.
Recovery School District Law is also included in the appendices of this document.

Louisiana's Charter School Law was originally enacted in 1995 (Act 192) as a pilot program, allowing up
to eight school districts to participate voluntarily. At the time, the law defined four types of charter schools,
depending on whether the school was a new start-up or conversion of an existing school, the legal status
required for the entity operating the school, the source and method of funding the school, and certain
other provisions. In 2003, a fifth type of charter school was established for the operation of a pre-existing
school reassigned to the jurisdiction of the Recovery School District (RSD).

Established charter schools operate as independent public schools under 5-year contracts granted by the
Board of Elementary and Secondary Education (BESE), RSD, or a local school board. These schools are
designed to encourage innovative strategies for meeting the needs of students, particularly those “at risk.”
While they are free from many of the laws and regulations governing public schools, they are still
accountable for student achievement results.

Please note, a Type 5 charter school is considered its own Local Educational Agency (LEA). This
status provides a greater degree of autonomy and responsibility. These schools must be especially
vigilant in making sure that they are abiding by all regulations and requirements. The term “LEA” will
appear throughout this document. The official definition of a Local Educational Agency (LEA) is: a public
board of education or other public authority legally constituted with the state for either administrative
control or direction of or to perform a service function for public elementary or secondary schools in a city,
parish, school district, or other political subdivision of the state. The term includes an educational service
agency and any other public institution or agency having administrative control and direction of a public
elementary or secondary school including a public charter school that has been established as a LEA
under state law.

Please consider this a document owned by the entire Louisiana charter school community. If you have
edits, suggestions or comments, or a solution to an operational challenge, please let us know. We will
archive the information at NSNO and make it available to the charter school community. This collective
cooperation has the potential to help us all work more efficiently and effectively.

While we have endeavored to make this a complete reference guide, you should always check with your
authorizer if you are in doubt of a specific requirement or mandate.

If you have questions or comments about this Operations Guidebook, please contact New Schools for
New Orleans (NSNO) at schoolops@newschoolsforneworleans.org or call (504) 274-3619.

NSNO Charter School Guidebook i


Introduction
Types of Charter Schools
There are five different types of charter schools in Louisiana:
• Type 1: Charter with local school board (new start-up)
• Type 2: Charter with BESE (new start-up or conversion)
• Type 3: Charter with local school board (conversion)
• Type 4: School Board Charter with BESE (new start-up or conversion)
• Type 5: Charter with BESE (pre-existing public school under the jurisdiction of the Recovery School
District – RSD)

Charter School Funding


A Type 1, Type 3, Type 4 or Type 5 charter school receives its funding from the Minimum Foundation
Program (MFP), which comes through its local school board or the Recovery School District (for Type 5).
A Type 2 charter school receives its funding through a general fund appropriation which comes from the
Louisiana Department of Education and BESE.

Charter School Admissions


• Charter schools are not forced to enroll students within a certain zone. For example, a Type 1
school can accept students from anywhere in the district, and a Type 2 school can accept students
from anywhere in the state.
• Residency requirements for students eligible to attend are defined in each individual school’s
approved charter.
• Type 1, 2, 3, and 4 charter schools are allowed to have admission requirements that are consistent
with the school’s role, scope, and mission. Type 5 charter schools are open admission schools
without any admission requirements.
• Charter schools provide options for parents to send their children to a school that may more closely
meet the particular needs of that child.
• Charter schools must reflect the at-risk population of public school students in their district.

Charter Schools Are:


• Independent public schools.
• Operated under an initial 5-year charter granted by a local school board or the State Board of
Elementary and Secondary Education (BESE), with specified checkpoints. Schools are subject to a
third year review and the charter may be renewed for subsequent 10-year periods.
• Required to meet student achievement goals and other results or go out of business.
• Required to participate in the state accountability program
(http://www.ed.gov/admins/lead/account/stateplans03/index.html), including high-stakes testing.
• Organized as nonprofit corporations (except Type 4 charter schools) and governed by their own
board of trustees within the framework agreed to in the charter granted by the local school board or
BESE.
• Free from many laws and regulations governing public schools. In the place of regulations, charter
schools are held accountable for student achievement and other results.
• Designed to provide learning environments to improve student achievement, particularly for “at-risk”
students.
• Required to reflect the same at-risk percentage as the public school district where the charter
school is located.

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Introduction
• Required under state law to maintain an instructional faculty composed of at least 75% teachers
certified by BESE or the French Ministry of Education (if Type 1, 2, 3, or 4). In Type 5 schools, the
number of certified instructional faculty must correlate to the percentage of certified teachers in the
school district from which the school is transferred.
• Required under federal law to maintain an instructional faculty that meets the qualifications set forth
in the No Child Left Behind (NCLB) Act.
• Free to use a wide variety of educational resources and are not required to use state-approved
textbooks.
• Required to meet minimum standards of instructional time as mandated by law; however, the length
of the charter school day and year may vary from school to school.
• Established by many different groups, including businesses, nonprofit organizations, community or
parent groups, universities, municipalities, teachers, and more. No matter what the case, no fewer
than three certified teachers must be among the sponsoring group.

Charter School Teachers


• Tenure does not apply.
• Teachers work under year-to-year contracts.
• Performance-based salaries can be established.
• Teachers are hired according to the school’s mission and philosophy.
• Teachers may be members of the Teachers’ Retirement System of Louisiana (TRSL) unless
otherwise provided in the charter.
• Teachers leaving traditional school systems retain the right to return for up to three years.

NSNO Charter School Guidebook iii


Introduction
1
Establishing the School

This is an unprecedented time for New Orleans’ schools. As a result of Hurricane Katrina and the
establishment of the Recovery School District (RSD), New Orleans has the largest percentage of charter
schools in operation (relative to the district’s size). The opportunity to pursue the goal of high-quality
education for all students through a school choice approach is here and now. As of March 2008, 40
charter schools have opened in New Orleans, and 5 more are scheduled to open in the fall of 2008. This
chapter is for those who have just been awarded a new charter and are running a charter school for the
first time. You now face the daunting task of translating all of your wonderful ideas into a full-blown
organization that hires staff and educates students. NSNO wants you to be successful in your endeavor.

Remember – it takes more than a passion for education to run a quality charter school. Your board of
trustees should fully understand its policy and oversight role and be focused on identifying the appropriate
tasks needed to address and implement those policies. Your business functions (i.e., budgeting, tracking
revenues and expenditures, payroll) must be highly efficient and thorough. Your facility must be
maintained in a way that supports the provision of a quality education. Your teachers must be supported
in their roles and enthusiastic about their mission. Your school must set high standards and provide each
of your students with the means to be successful. As the school leader, you will need to wear a variety of
hats and carry out your diverse responsibilities with skill and tact.

This section outlines the steps necessary to establish your board of trustees and the process to institute
your school as a legal entity and non-profit organization. Although they are separated into two sections,
many of the tasks in each category should happen concurrently and/or rely on the completion of one item
or another. Read each of these sections carefully. As with all other aspects of charter school operations,
NSNO strongly recommends that you not try to do everything on your own and encourages you to seek
advice from NSNO and other charter school leaders in the area.

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Chapter 1: Establishing the School
ESTABLISHING THE BOARD OF TRUSTEES

A charter school’s board of trustees is the body that holds the charter with the authorizer and is ultimately
held accountable for the operation of the school. A charter school’s board of trustees has final say in all
policy development, financial and operational decisions, and is responsible for setting the overall direction of
the school. Other responsibilities include:
• Ensuring the school’s academic program is successful, by the measure of both internal (school-
level) and external (state- and federal-level) assessments
• Maintaining compliance with all requirements and regulations as stipulated in the school’s charter
• Operating a fully viable and financially solvent organization
A quality board of trustees not only provides expertise to the school, but also connects the organization to
the wider community and lends a great deal of credibility to the school. In addition, when selected
carefully and nurtured, the board of trustees can be an enormous source of assistance during the start-up
phase, whether it be in terms of legal advice or fundraising support. The first step in establishing your
board is to obtain Directors and Officers (D&O) Insurance. You will find an explanation of this
insurance below. Beyond this first step, there are a number of other organizational tasks that need to
occur, including:
• Define board expectations, roles, and responsibilities
• Build the board of trustees
• Articulate school leader’s role
• Create and adopt bylaws
• Create a Board Accountability Performance Evaluation Plan
• Establish board calendar and meeting procedures
All of these tasks should be completed with great care. Building Excellent Schools (BES) has produced a
comprehensive guide to establishing an effective charter school board – Charter Schools Trustees Guide.
It is the strong recommendation of NSNO that you purchase this guidebook for review. At $10, it is
a worthwhile investment. To purchase the guide, please contact Manny Lim via email at Building
Excellent Schools (mlim@buildingexcellentschools.org). You may also attempt to borrow a copy from
NSNO or view it at the NSNO office. We will not attempt to re-create the knowledge offered in the Charter
Schools Trustees Guide here. A brief explanation of each of the tasks listed above follows, but this is in
no way a complete description of the considerations that must be made. Please refer to the Charter
Schools Trustees Guide for complete explanations, best practices, recommended resources, and sample
documents. In addition, NSNO provides extensive support for new charter school boards.

1. Obtain Directors and Officers (D&O) Insurance


Under Louisiana Law (§3991[17 &18]), charter schools must have insurance to protect against
liability concerns. Directors and Officers (D&O) Insurance protects officers and directors of any
corporation against damages from claims resulting from negligent or wrongful acts in the course of their duties.
In most cases, D&O insurance can also protect the employees, managers, and corporate interests of the
school. Current and former employees alleging wrongful employment practices file the vast majority of lawsuits
against nonprofit boards. One statistic indicates that the average lost claim against directors and officers is
approximately $3 million. You should have D&O insurance before holding your first official board
meeting as an approved charter school. This insurance should be obtained as soon as financially possible,
as it is always best practice to be protected. You may wish to obtain all the necessary insurance to run your
school (outlined in the Budgeting and Finance chapter) at one time, usually a few months before school starts.
If this is the case, please note that you are putting your board and the school at risk by not acquiring D&O
insurance prior to board planning.

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Chapter 1: Establishing the School
2. Define Board Expectations, Roles, and Responsibilities
A board of trustees is legally responsible to exercise its fiduciary role to ensure the school is properly
managed. It should have ongoing mechanisms to validate the information provided by the charter leader.
The board is also ultimately responsible for ensuring the proper paperwork is submitted to its authorizer.
A successful board will need explicitly outlined expectations and a comprehensive awareness of its
responsibilities. The individual roles of each board member should be clearly defined and assigned.

Remember, the board should focus on results and not the day-to-day operation of the school. In other
words, their focus should be on governance, not management. Governance includes setting goals, stating
expectations, and clarifying direction. Management entails accomplishing goals and carrying out
activities. It is quite easy for board members to slip into management rather than governance. A
discussion on the difference between the two at the very first board meeting may be helpful. There are a
variety of resources for board development and growth. The website www.boardsource.org is a good
starting point.

3. Build the Board of Trustees


Choose and Recruit the Board
According to the Charter Schools Trustees Guide, a new charter school should start out with nine to
fifteen board members. Before recruiting members, you should carefully consider the skills, qualities, and
levels of diversity you wish for your board to demonstrate. Skills in the areas of fundraising, finance,
facilities, governance, human resources, and public relations are all valuable when it comes to overseeing
a charter school organization. Board members should demonstrate an affinity for working in a group, the
ability to prioritize organizational needs and think critically, and the clear support of the values and
mission of the organization. The members should include people from the communities being served as
well as individuals that can provide knowledge related to the communities being served. The membership
of your board should be submitted as part of your charter application.

Elect the Board Officers


The board of trustees should elect a chair, vice-chair, treasurer, and secretary. These officers should
have one-year term limits, with the possibility of renewing their position for up to three consecutive years.
A listing of board officers should also be included in the charter application.

Establish Board Committees


The standing committees of the board should be as few as possible, but should at minimum include a
finance committee, a development or fundraising committee, grievance/resolution committee, school
leader evaluation/compensation committee and a nominating or governance committee. You may also
wish to establish a policy/compliance committee that is involved in both the academic and operational
policies of the school. Beyond these standing committees, short-term activities can be delegated to
individual task forces.

4. Articulate School Leader’s Role


The task of articulating the school leader’s role vis-à-vis the board is especially important when the school
leader is coming from a profession outside of school administration and/or is coming from a “traditional”
public school where a board of trustees does not exist. For many new charter school leaders, learning to
successfully interact with a board can be a challenge. A clear outline of what expectations the board will
have of the school leader and what the school leader should be prepared to handle is essential.

5. Create and Adopt Bylaws


Once incorporated, a charter school is required to draft bylaws. Bylaws contain general guidelines for the
way the board operates; they are not intended to define operating procedures. The bylaws must be voted
on at the first meeting of the charter school’s board of trustees. You may find that a copy of these bylaws
will be necessary to complete other phases of your start-up; for instance, a copy of your charter’s bylaws

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Chapter 1: Establishing the School
is required as part of the application for 501(c)(3) Tax-Exempt Status. Sample bylaw templates are
available in the Charter Schools Trustees Guide.

6. Create a Board Accountability Performance Evaluation Plan


Board members need to assess, on an annual basis, both the effectiveness of their internal functioning
and progress toward the goals they established for the school. In the absence of self-assessment, board
members can become frustrated. In addition, if staff senses the board is not fully engaged, morale may
suffer and feelings of a leadership vacuum may develop.

Ideally, this plan should be established within the first three months of the board’s operation. It should
include instructional, operational, and financial goals.

7. Establish Board Calendar and Meeting Procedures


The board should establish a twelve month schedule of meetings and be prepared to publicize the times
and dates of each meeting. The Louisiana Charter Schools Act §3996 B.(9) specifies that charter
schools be subject to the Open Meetings Law, which requires that every meeting of a public body
– including a charter school’s board of trustees – must be open to the general public. Only in
limited instances may a charter school’s business be transacted in “executive session,” where closed-
door discussions can occur. The Open Meetings Law is available online on the Louisiana Attorney
General’s website, http://www.ag.state.la.us/Article.aspx?articleID=21&catID=0 or at the NSNO office.
Any questions about complying with the Open Meetings Law should be directed to the Civil Division of the
Attorney General’s Office at (225) 326-6040. A general explanation of the Open Meetings Law and other
requirements to consider when holding meetings is below.

Open Meetings Law


Any time a quorum of a board of trustees or one of its committees or subcommittees officially gathers for
the purpose of discussing public business, the meeting must be open to the public whether or not there is
an intent to take action and regardless of the manner in which the gathering may be characterized. In
short, the meeting must be open to the public if there is:
1. A quorum, meaning the minimal number of officers and members of a committee or organization,
usually a majority of the whole board, is present for valid transaction of business;
2. An “official” meeting, meaning the meeting is not by chance or a casual encounter, such as may
happen at a social gathering; or
3. The meeting is held to discuss public business.
In order to lawfully conduct business, charter school boards must ensure that a quorum of trustees is
present at meetings either in person or by live, interactive videoconference from a place of public
accessibility. Once such a quorum is present, other trustees may participate by conference telephone call
or other acceptable means.

Notice Requirements
All official meetings must provide notice of the time, place and agenda for the meeting at least
twenty-four hours before the meeting. It is not sufficient to post notice of the meeting on a school
website alone; by law, it must also be posted at the location the meeting is to be held as well as at the
principal’s office. The notice that you post does not have to include a detailed description of the business
to be transacted, only that a meeting is being held. Post the notice in high-traffic areas, such as the local
municipal clerk’s office, centrally used post office, community hall, or the school itself. The goal is to provide
access to the notice to as many interested people as possible. Notice to the news media may be provided
orally or in writing. However, if oral notice is provided, proper records of that fact should be kept.

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Chapter 1: Establishing the School
Public Comment
Every meeting must be open to the public. Your board should establish its own operating procedures with
respect to conducting public comment (i.e., requirements to sign up prior to speaking, limiting the amount
of time allowed per speaker and perhaps the number of times a member of the public can offer comments
per meeting).

Minutes of a Meeting
Minutes must be taken at all open meetings. The minutes must consist of a record or summary of all
motions, proposals, resolutions and any other matter formally voted upon as well as the vote thereon.
Minutes must be taken at executive sessions for any action that is discussed. The minutes of an open
meeting must be available to the public within a reasonable time frame from the date of the meeting.

Executive Sessions
Executive sessions must be conducted during the course of an open meeting of the board of trustees and
may not be considered a separate meeting. However, the executive session itself must be held in closed
session and not before the public. The steps to enter into an executive session are the following:
1. A motion for an executive session must be made during an open meeting.
2. The motion must specifically identify the general area or areas of the subject or subjects to be
considered.
3. The motion to conduct an executive session must be carried by two-thirds of the body’s total
membership.
Executive sessions may be conducted for the following purposes only:
• Matters that will imperil the public safety if disclosed.
• Any matter which may disclose the identity of a law enforcement agent or informer.
• Information relating to the current or future investigation or prosecution of a criminal offense that
would imperil effective law enforcement if disclosed.
• Discussions regarding proposed, pending, or current litigation.
• The medical, financial, credit or employment history of a person or corporation, or matters leading to the
appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person
or corporation.
• The preparation, grading, or administration of examinations.
Note: A public body (including a charter school) is prohibited from voting to appropriate public monies
during an executive session or taking any final vote on an item discussed while in executive session. The
group must reconvene publicly prior to taking any vote on the matter discussed in executive session.

Exemptions from the Law


The following matters relevant to charter schools are exempted from the Open Meetings Law and
therefore need not be discussed at open meetings:
• Judicial or quasi-judicial proceedings – for example, suspension hearings and employee
grievance hearings.
• Any matter made confidential by state or federal law – for example, discussions regarding a
particular student’s records or children with handicapping conditions in violation of the federal
Family Educational Rights and Privacy Act.

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Chapter 1: Establishing the School
8. Develop A Freedom of Information Law (FOIL) Policy
Like all publicly funded organizations, charter schools must comply with the Freedom of Information Law.
This law pertains to the public's right to access any government records. Each charter school must post a
FOIL notice in a public space at the school. The notice must contain the names of the Records Access
Officer and the Records Appeals Officer (who should be different people) as well as locations where
records will be made available for inspection and copying. If you receive a public records request, the
guidelines below should be helpful; however, please contact NSNO or consult your school attorney if you
have any questions.
a. Anyone 18 years of age or older has the right to request access to public records. Most of the
records in your school are public. The request does not have to be writing.
b. A public record is anything that is in use, was used, or prepared for use in the conduct of
public business, regardless of if it is in physical form or not. Public records may include drafts of
documents, statistical reports, report drafts, tape recordings, meeting minutes, letters, memos, budget
requests, electronic data, payrolls, tax assessment rolls, and some retirement information. Be aware
that private information includes the names of students, their street addresses, an individual child’s
special education status, test scores, ethnicity, and poverty status. While you can provide the names
of staff members, you may not provide home addresses, dates of birth, or social security numbers.
You must provide staff names, titles, and salaries. The redaction of information is usually done by
blacking out private information related to specific individuals by photocopying the original document,
blacking out the private information, photocopying the document again and providing this copy to the
requester.
c. Exempted records are those that include confidential, medical, proprietary and financial data
of individuals or businesses. Unlisted telephone numbers, home addresses, social security
numbers, some insurance and medical records are exempt. Do not try to make that decision on your
own; consult your attorney if you are asked to provide information about which you are unsure if the
information is public or not. Inform the requester you have to check with your attorney and provide a
written response to the requester within three working days.
d. You do not have to create any new documents to answer a FOIL request.
Example – You are asked to provide information with regard to the number of teachers returning to
school each year. You may not have one document showing the number of teachers returning;
however, you probably have a series of documents showing rosters from which the requester could
determine which teachers were returning. If the requester does not ask for underlying documents, you
can respond by stating that you do not have a document listing the number of returning teachers. The
requester may then request underlying documents, which you must then produce; however, you may
not provide documents that show teachers’ private information.
e. If the information being requested is not in active use, you must make it immediately available
after you have redacted the confidential information. If the record is in active use, you must
identify a date and time and certify in writing when it will be available. This must be done within three
working days of the request. If the record being requested is not in your possession, you must certify
this in writing, stating in detail the reasons for the record’s absence and its location.
Example – The requested budget documents are stored in a warehouse in Hammond, and it will take
3-4 days to access and then another day to photocopy.
f. You may not charge a fee to anyone who is requesting records (except for copying fees), and
you must make them available for inspection during regular business hours. You may not ask
the requester the reason for the request.
g. You must provide “all reasonable comfort and facility” for viewing the records. Before you
make any copies, let the requester know how many documents are needed to satisfy the request and
the cost to copy them. You may charge up to 25 cents per page. You may have a staff person or
volunteer stay with the requester while he/she reviews the information, but that person’s presence
cannot be interpreted as intimidating in any way. Remember, the school’s documents are not yours –
they are part of the public domain, and you should be prepared to share non-exempt information
freely.

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Chapter 1: Establishing the School
ESTABLISHING THE SCHOOL AS NON-PROFIT ORGANIZATION

1. Receive Articles of Incorporation


This document is required for many purposes, including opening a bank account and applying for Federal
tax-exempt status. It is issued only once by the state and cannot be replaced. It is very important to store
the original document in a safe place and make multiple copies to be used for applications.

2. Sign Operating Agreement, Return to Chartering Authority


Upon approval by the chartering authority, the board will receive an operating agreement requiring the
signature of the chair of the board. Be sure to make multiple copies to be used for grant applications. In
addition, every member of the board should receive a copy of the operating agreement. The original
should be returned immediately to the chartering authority. The school cannot operate or receive funds
until the chartering authority has received the signed operating agreement.

3. Apply for Federal Employee Identification Number (EIN)


Once the charter is obtained, all charter schools must obtain a Federal Employee Identification Number
(EIN) from the IRS in order to file for tax-exempt status. This 8-digit number, sometimes also known as a
Federal Tax Identification Number, will also be necessary to open a bank account for the organization. An
organization must have a Federal Employee Identification Number even if it has no employees at the
time of incorporation.

Schools can file for an EIN in one of three ways:


1. By filing online at the IRS website: http://www.irs.gov/businesses/small/article/0,,id=102767,00.html
2. By phone at (800) 829-4933
3. By filing a hard copy of Form SS-4 with the IRS (available from the IRS website at:
www.irs.gov/pub/irs-pdf/fss4.pdf) by fax to (859) 669-5760 or by mail to: IRS, Attn: EIN Operation
Philadelphia, PA 19255

When filing online or by phone, there is no waiting period – approved applicants are immediately issued
an ID. For applicants filing a hard copy by mail, the waiting period is four to five weeks. For applications
by fax, the waiting period is one week, provided that a return fax number is included with your
submission. There is no application fee.

4. Apply for DUNS Number


The Data Universal Numbering System or D-U-N-S® number is a means of identifying business entities
on a location-specific basis. The DUNS number, copyrighted and managed by Dun and Bradstreet (D&B)
is widely used by both commercial and federal entities and was adopted as the standard business
identifier for federal electronic commerce in October 1994. The federal government has adopted the use
of DUNS numbers to track how federal grant money is allocated. Schools will need a DUNS number to
secure federal grant money. For a general guide to requesting a DUNS number, grants.gov has produced
the following document: http://www.grants.gov/section3/EbizRegCheck.pdf.

A DUNS number can be requested online or by phone. To request a DUNS number via the Internet, visit
the following website: http://fedgov.dnb.com/webform/pages/CCRSearch.jsp. To request a DUNS number
by phone, contact the D&B Government Customer Response Center at (866) 705-5711. Requesting a
DUNS number by telephone takes between 5 and 10 minutes. Callers should be prepared to provide the
following information:
• Legal name
• Trade style, Doing Business As (DBA), or other name by which the organization is commonly
recognized

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Chapter 1: Establishing the School
• Physical address (city, state and zip code)
• Mailing address (if different from physical address)
• Telephone number
• Contact name
• SIC code (Line of Business)
• Number of employees at the school location
• Headquarters name and address (if there is a reporting relationship to a parent corporate entity)
• Legal structure of the organization (corporation, partnership, proprietorship)
• Year the organization started
• Answer whether this is a home-based business: always answer “no”

5. Apply for 501(c)(3) Federal Tax-Exempt Status


Your charter authorizer should be authorized to operate the charter school must be qualified as a tax-
exempt organization under Section 501(c)(3) of the United States Internal Revenue Code. Section
501(c)(3) is just one of the sections in the Internal Revenue Code which grants tax exemption to nonprofit
organizations; however, it is also the most common one. For this reason, nonprofit organizations in
general are often referred to as “501(c)(3) organizations.”

After receiving your school’s operating agreement, you should immediately begin the process of filing for
tax-exempt, or 501(c)(3), status under the federal tax code. Filing IRS Form 1023 serves as a charter
school’s official request to the federal government for tax-exempt status (see details below). It is lengthy
and sometimes complex and may require the help of a lawyer to complete. Many schools retain legal
support for the 501(c)(3) process. You must have obtained your EIN and also created and adopted your
corporate bylaws before IRS Form 1023 can be submitted for consideration. 501(c)(3) status is highly
important to charitable groups since it allows donations to be deducted from income for the donor’s tax
purposes. Many individuals and groups will not give to a charity if it does not have 501(c)(3) status, and
loss of this status is often fatal to a charity’s existence.

Please note that it may take up to 1 year for this application to be approved by the IRS. While some
delays can be attributed to heavy IRS workload, approval time is also affected by the thoroughness and
completeness of submitted applications. As a result, schools are encouraged to be as thorough as
possible in submitting all requested documentation, including attachments and any required Schedules.

The IRS determination recognizing tax-exempt status is retroactive to the date the application was filed
and may be retroactive to the date of incorporation, so long as the application was filed within 27 months
of the date of incorporation. Donors should be informed that tax-exempt status is pending, but also that all
donations are still deductible to the extent permitted by law, which means the deduction is subject to
being undone if tax-exempt status is ultimately not granted.

IRS Form 1023 is available for download at www.irs.gov/pub/irs-pdf/f1023.pdf. Instructions can be found
at www.irs.gov/pub/irs-pdf/p557.pdf. The major elements of Form 1023 include:
1. Parts I through XI, plus any associated attachments which include:
a. Specific details about the school’s past, present, and planned activities.
b. Names, titles, mailing addresses and annual attachments, including compensation amounts, for:
• All officers, directors and trustees;
• Employees receiving annual compensation of more than $50,000; and
• Independent contractors receiving annual compensation of more than $50,000.

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Chapter 1: Establishing the School
c. Projections of likely revenues and expenses for the current year and the two following years,
based on a reasonable and good faith estimate of future finances, for a total of 3 years of
financial information.
d. Completed Schedule B (required for schools, colleges and universities), including documentation
of nondiscriminatory policy.
2. Articles of Incorporation
3. Corporate Bylaws
4. User Fee Payment: If the organization's average annual gross receipts have exceeded or will exceed
$10,000 annually over a four-year period, the fee is $750. If gross receipts have not exceeded or will
not exceed $10,000 annually over a four-year period, the user fee is $300. This is subject to change.

Once the IRS approves the 501(c)(3) application, the applicant receives an “advance ruling determination
letter” stating that the organization is tax exempt and recognized by the IRS as a 501(c)(3) organization.
At this point, the charter school must apply for a Louisiana State Exemption Certificate, which allows the
charter school to make tax-exempt purchases and sales.

While charter schools that have filed for 501(c)(3) status are generally exempt from paying federal income
taxes, accountants generally advise charter schools to file for an extension on their state income tax
returns if their 501(c)(3) approval has not been approved by the time a school’s return is due.
Alternatively, schools may choose not to file and pay a penalty until 501(c)(3) status is awarded. This
penalty can later be waived because 501(c)(3) tax-exempt status is retroactive to the date the application
was filed. There are further details and issues associated with this process; NSNO advises that you
consult with your CPA or tax attorney before taking any action on tax-related matters.

6. Establish Bank Account(s)


Once your school has received its Federal Tax Identification Number (EIN) and the Articles of
Incorporation, the next step should be to open a bank account. While a charter school can use any
financial institution (local or national) to serve its needs, the most important factor in making your
selection will be the bank’s proximity to the school. This is done for convenience, and simplifies
processes such as depositing checks and withdrawing funds. In addition, the following items should be
considered when opening a bank account:
• Suitability to the school’s banking needs: Factors such as the average minimum daily balance
and the number of checks written per month will affect the fees charged by the bank for your
account.
• Ability to easily transfer funds between accounts: You will want to have the flexibility to easily
move money between your day-to-day checking account and interest-bearing savings or money
market accounts in order to maximize your interest income. Look for a bank that doesn’t charge
fees to transfer money between accounts and that allows you to easily move money yourself,
preferably online.
• Access to online banking: Online banking services – including electronic bill payment, funds
transfer and balance information – are widely available and can make your day-to-day banking
considerably easier to manage. Make sure that your bank offers online services that are both simple
to access and use and are free of charge.
• Willingness to establish a line of credit: To ensure that cash flow problems do not affect the
ability to meet payroll demands and the school’s other financial obligations, it is advisable to
establish a line of credit. Many banks provided preferred lending terms to their existing clients.
You will also need to decide what types of bank accounts your school’s operation will require. One
suggestion is to have one checking account for operating and payroll purposes and a separate interest-
bearing account (such as a savings or money market account) that will yield more interest than a
checking account without adding risk. Each school should focus on maximizing interest income in the
accounts it holds. In general, these two accounts should cover your needs. A rare few have chosen to

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Chapter 1: Establishing the School
open a separate bank account for each funding stream, but this is only necessary when the terms of a
particular grant state as such.

7. Submit Electronic Funds Transfer (EFT) Enrollment Forms


In an effort to expedite payment of all Department of Education obligations and reduce check-printing
costs, the Department of Education strongly encourages all vendors and funding recipients to enroll in
the Direct Deposit/Electronic Funds Transfer (EFT) Program. This method of receiving your funds will
significantly decrease the amount of time required to receive funds due to you. You will need to have a
bank account established prior to completing the form, as the financial institution’s routing
number is required.

Instructions and information regarding the Direct Deposit/Electronic Funds Transfer (EFT) program can
be found in the opening pages of the EFT application document, available at:
http://doa.louisiana.gov/osrap/EFTforWebSite.pdf. This form and all required documentation should be
returned to the following address by the June 1 deadline:

Office of Statewide Reporting and Accounting Policy


P.O. Box 94095
Baton Rouge, LA 70804-9095

For more information, contact the Office of Statewide Reporting and Accounting Policy (OSRAP) by
phone at (225) 342-0708. You can also reach the OSRAP Help Desk at (225) 342-1097. OSRAP’s
website may be accessed at: http://doa.louisiana.gov/osrap/index.htm.

LINKS TO USEFUL RESOURCES AND WEBSITES


• Charter Schools Trustees Guide. Building Excellent Schools. Available by visiting the BES website
at www.buildingexcellentschools.org.
• Charter School Governance. NYC Center for Charter School Excellence. Available from the pull-
down menu at: http://www.nycchartercenter.org/guidebooks.asp or directly at:
http://www.nycchartercenter.org/Governance_guidebook.pdf.
• Creating an Effective Charter School Governing Board Guidebook. U.S. Department of Education.
Available at: http://www.uscharterschools.org/gb/governance.
• The IRS has a helpful FAQ on obtaining tax-exempt status:
http://www.irs.gov/charities/article/0,,id=96590,00.html.

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Chapter 1: Establishing the School
2
Establishing an Organizational Structure

No doubt you decided to start a charter school because of your commitment to children and education.
While having a passion for creative and effective educational approaches is extremely important, if your
school lacks a strong administrative operation – no matter how gifted your teachers are – your school will
fail. It is an extremely unusual individual who possesses all the necessary skills – leadership, instructional
expertise and business acumen – needed to run a successful charter school. A wise leader and board of
trustees hire staff members that complement each other’s skill sets. Regardless of the job title (Business
Manager, Chief Financial Officer, etc.), it is imperative your school retain the full-time services of a
Business Leader who will handle the business responsibilities of the school, as well as an Operations
Leader who will handle the operations responsibilities, separate from instructional responsibilities.

This chapter will outline how to put the initial structures in place to start functioning as an operationally
viable and financially solvent charter school. While New Schools for New Orleans (NSNO) recommends
that the school leader be familiar with the contents of this chapter, the individual responsible for the
business and operational sides of the school must have an intimate and thorough understanding of the
topics covered in this chapter.

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Chapter 2: Establishing an Organizational Structure
1. CREATE ORGANIZATIONAL STRUCTURE & DIVISION OF RESPONSIBILITIES
This will be one of your first tasks upon receiving your charter agreement. There are no set rules in terms
of the titles and responsibilities associated with charter school leadership. Read through this entire
section as well as the Human Resources chapter to help you decide how to configure your staff. You
must also decide if you want to use full-time salaried employees versus independent contractual staff for
some functions. There is no one right way to create an organizational structure; however, it is strongly
recommended that charter schools take the following factors into consideration when setting up an
internal reporting and decision-making system:
• Clearly divide the roles of instructional, business and operational leadership: While these
areas will undoubtedly overlap, it is recommended that distinct roles be created to oversee these
separate areas. Within the various business responsibilities, make sure to give some thought to
area of overlap as it relates to authorizing expenditures, writing checks, performing bank
reconciliations and processing payroll.
• Develop detailed job descriptions: Your first step in determining and filling your staffing needs is
to develop well thought-out job descriptions for each position in your school. Typically, these job
descriptions are then used when advertising open positions, determining compensation, and as a
basis for performance reviews. See the Human Resources chapter for more information and help in
developing job descriptions.
• Divide responsibility according to previous experience: Learning an entirely new skill set is
neither practical nor beneficial to the long-term health of the organization. While the process of
setting up and running a school will provide new learning experiences for everyone on the founding
team, initial roles and responsibilities should be assigned according to previous experience and
existing skill sets.
• Make immediate hires to address specific skills gaps: Setting up an organizational structure is
intended to highlight areas where you need outside expertise. Don’t just make do – bring the skills
you need to succeed in-house as soon as it becomes obvious that they are lacking. For example, if
you have two School Leaders with academic experience, you should quickly bring in a business
leader who can help advise them on setting up an accounting system and budgeting for the first
year of operations. If no one on the founding team has finance experience, make that position your
first hire.

2. HIRE PRINCIPAL
The principal is your school leader and is by far the most important hiring decision the board will make.
This position will have the responsibility of implementing the vision of the board and will be the face of the
school to students, parents and the community. The principal is responsible for hiring instructional staff,
setting the standard of expectations, meeting with parents and representing the school to the chartering
authority. It is important to find an individual the board trusts, respects and can easily be treated as a
valued peer.

3. HIRE BUSINESS LEADER


While the job title may vary from school to school (chief financial officer, finance manager, etc.), the scope
of responsibilities involving handling the financial and business side of school is the same. The
complexities of financial reporting and the integral role budgeting plays in running a successful school
make this an extremely important hire. This is not a position where the board wants to hire without much
thought and scrutiny of the individual. Instead, the board should take the time to find a person with
relevant job experience and solid references. Once you have decided on a business leader, you will need
to bond the individual through a surety company (see NSNO Vendor List) and send his or her resume and
qualifications to the chartering authority no later than 5 days after the date of hire.

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Chapter 2: Establishing an Organizational Structure
4. HIRE OPERATIONS LEADER
While the job title may vary from school to school (chief operating officer, operations manager, etc.), the
scope of responsibilities involving handling the operational side of school is the same. The complexities
of managing arrival, dismissal, student records, enrollment, withdrawal, attendance, meals and
transportation plays in running a successful school make this an extremely important hire.

5. RETAIN CERTIFIED PUBLIC ACCOUNTANT (CPA)


By state law, the charter school authorizer is required to adopt the rules and regulations for prescribing
forms and practices for budgeting, accounting, and financial reporting, both interim and annual.
Louisiana Law (§3991.5) requires charter schools to make provisions for a financial and
accounting plan sufficient enough to permit a governmental audit and be subject to an annual
financial audit. An audit is a comprehensive analysis of your financial management procedures and
activities, conducted by a professional from outside your organization. The auditor produces a detailed
report that indicates how well your organization is managing its resources. Charter schools are required
to engage a Certified Public Accountant (CPA) to conduct an independent annual audit of the school’s
finances. The Louisiana Legislative Auditor must approve this individual or firm and the audit must be
conducted at the school’s expense. If you do not know of a CPA firm with charter school experience, talk
to other charter school leaders for referrals or contact NSNO for a list of qualified CPAs with charter
school budgeting and accounting experience. Further information on the annual charter school audit
process is contained in the Reporting Requirements chapter of this guidebook.

Law also requires that each new school retain an auditing firm to review its internal financial controls and
issue a statement of financial controls. This is detailed further in the Reporting Requirements chapter. A
checklist provided by the RSD requires documentation of engagement of a CPA and a detailed
description of the services the retained firm will need to provide.

Remember, outside of the annual audit, every charter school is subject to potential audit by BESE, the
Louisiana Department of Education, the Louisiana Legislative Auditor, and any other appropriate state
official.

6. ESTABLISH ACCOUNTING SYSTEM AND INTERNAL FINANCIAL CONTROLS


As a general rule, accounting can be conducted on a cash or accrual basis. Cash accounting recognizes
revenue when a cash transaction actually occurs – i.e., cash is spent or deposited into a bank account.
Accrual accounting recognizes revenue when it is earned – i.e., when services are provided or when
grant provisions are met – regardless of when the cash from these revenues is received. Accrual
accounting records expenses when they are actually owed, e.g., a January insurance payment is
recorded in January, even though a lump-sum payment for three months of insurance was made in
December.

Given the time frames for cash disbursement by the parish and/or the state, charter schools must
establish an accrual-based accounting system. By maintaining their accounting records and related
financial reports on the accrual basis of accounting, they are using the method that is already required to
prepare all financial reporting documents. Most importantly, accrual-based accounting provides a more
accurate representation of an organization’s financial position by tracking the depreciation of capital
assets such as furniture, equipment and technology over time. School leaders and business leaders who
need an overview of accounting basics should contact other charter schools or NSNO to acquire
recommended resources.

Accounting Basics: Bookkeeping


The primary components of any accounting bookkeeping system are the chart of accounts, the general
ledger and a series of journals/sub-journals that are used to track the details regarding specific types of
transactions.

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Chapter 2: Establishing an Organizational Structure
Chart of Accounts
The chart of accounts is a numbered list of each item that your accounting system tracks. A typical chart
of accounts will be comprised of several main categories – such as Assets, Liabilities, Equity, Revenues
and Expenses – each with multiple, numbered sub-accounts that capture specific financial operating
details. Schools are required to use the same numbering system as the one used by the state,
explained in the Louisiana Accounting and Uniform Governmental Handbook (LAUGH). The
LAUGH guide can be downloaded at http://www.doe.state.la.us/lde/finance/688.html.

General Ledger
The chart of accounts acts as the table of contents to the general ledger, which organizes financial
information by account. In a manual system, summary totals from all journals (see below) are entered
into the general ledger each month, which maintains a year-to-date balance for each account. In a
computerized system, data is typically entered into the system only once. Once the user has approved
the entry, the software includes the information in all reports in which the relevant account appears.
Many software packages allow the user to produce a general ledger that shows each transaction included
in the balance of each account.

Sample General Ledger Entry:

Account Name: Office Supplies


Beginning Balance @ April 30: $1,535.26
Invoice No. 1443: John’s Office Supplies 5/12 $347.40
Invoice No. 1451: Quality Paper Store 5/17 $32.89
Closing Balance @ May 31: $1,915.55

Journals and Subsidiary Journals


Journals, also called books of original entry, are used to systematically record all accounting transactions
before they are entered into the general ledger. Journals organize information chronologically and by
transaction type – receipts, disbursements, other. There are three primary journals:
• Cash Disbursement Journal: Chronological record of checks that are written, categorized using
the chart of accounts.
• Cash Receipts Journal: Chronological record of all deposits that are made, categorized using the
chart of accounts.
• General Journal: Record of all transactions that do not pass through the checkbook, including non-
cash transactions (such as accrual entries and depreciation) and corrections to previous journal
entries.

As organizations mature and handle greater numbers of financial transactions, they may develop
subsidiary journals to break out certain kinds of activity from the primary journals noted above. The most
common examples of subsidiary journals include:
• Payroll Journal: Records all payroll-related transactions. This may be useful as the number of
payroll transactions grows and becomes too large to handle reasonably within the cash
disbursements journal.
• Accounts Payable Journal / Accounts Receivable Journal: These are useful for grouping
income and/or expense accruals which are too numerous to track effectively through the general
journal. Some accounting packages require you to set-up all bills as accounts payable and all
revenues as accounts receivable, eliminating the cash disbursements and receipts journals
altogether.

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Chapter 2: Establishing an Organizational Structure
Best Practice
As with any automated system, remember the all-important rule of ‘garbage in, garbage out’. No
software program has the ability to know which data is clean and which isn’t. Printing regular general
ledger and journal reports for review is a good way for charter school leaders to ensure that data is
reported properly and to clear up any confusion regarding chart of accounts classification before
reporting time.

Posting
The process of transferring information from the journals to the general ledger is called posting.
Computerized accounting systems often require users to post all income and expense transactions
through the accounts receivable and payable journals. Other automated systems allow users to post to
cash disbursements or receipts journals, but cannot produce detailed financial information from these
journals, such as a list of checks issued, presented in numerical order.

Accounting Software
While keeping manual (paper) accounting records may suffice in the early days of your school’s
operation, the level of detail required to meet financial reporting needs will most likely require an
accounting software system. There are many off-the-shelf solutions – QuickBooks, Peachtree, and Fund
EZ are a few – that allow you to incorporate your own chart of accounts and easily track complex financial
transactions. These off-the-shelf programs are used by many small businesses and non-profit
organizations. Before selecting an accounting software system, be sure to check with your authorizer to
make sure you have permission to do so. Some authorizers mandate their schools to use one particuar
system over another.

The most important rule when choosing an accounting software system is to keep it simple. Some charter
school leaders who have felt uncomfortable managing their accounting internally have chosen to
outsource this function to outside consultants such as Charter School Business Management, Inc.
(www.csbminc.com). If you don’t think you have enough knowledge to make decisions about accounting
systems on your own, ask NSNO or other charter schools leaders to help you choose a turnkey system
that matches your comfort level. NSNO has encouraged its schools to utilize QuickBooks Online.
Please keep in mind that the data you collect with this software will be critical in the submission of
accurate data on a periodic basis. This data is decribed in the Reporting Requirements chapter.

Among the features of a quality accounting software program are:


• Budget Analysis: Accounting software should allow you to easily track projected revenues and
expenditures against actual figures (broken-out by quarter and/or by month) and then generate
printable reports that allow you to share this information easily with board members and other staff.
• Purchase Order Management: With the volume of purchasing that is necessary in a charter
school, it is almost impossible to track orders manually. Accounting software should allow you to
enter purchase orders into the system – along with order numbers, descriptions and prices – and
then match the original orders to deliveries and payments.
• Check Printing: Manually writing checks can be a time-consuming activity. Many accounting
systems let you automatically generate, post and print checks onto preprinted check forms. Simply
gather the invoices you want to pay, crosscheck them against what has already been entered into
the accounting system, make sure the amounts agree, print and send.

Outsourcing Accounting
If you lack the resources to computerize your accounting function in-house but still want the benefits of an
automated system, consider using an outside accountant or bookkeeping service with its own
computerized accounting system. Depending on your level of accounting expertise, these service

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Chapter 2: Establishing an Organizational Structure
providers can offer a range of services, from simply advising you on best practices to actually entering
your school’s data into a software program. Many firms will offer to compile and enter all the data either
directly from your checkbook or using forms you provide, and produce monthly, quarterly, and year-to-
date reports. If you choose to hire an outside firm, make sure they agree to use the same system you
have used in the past or may transition to in the future to avoid being charged for downloading
information in one system and converting it to a file in another format required by your authorizer.

As with any contractor or service provider, the greatest drawback with outsourcing your accounting
function could potentially be the turnaround time of financial documents. Also, a data entry serviceperson
may not pay attention to the management aspect of financial management, such as making decisions
about how much to spend, when to spend, etc. Keep in mind that potential lapses in communication and
understanding may outweigh the relief of having someone else manage your accounting function. If you
have questions about managing your accounting responsibilities, please contact NSNO for
recommendations.

Establish Internal Financial Controls


Internal controls are the processes and procedures organizations put in place to minimize the likelihood of
financial mistakes, such as improperly recording the money that is received and disbursed, and theft.

So what do internal controls look like? The following excerpt from the Alliance for Non-Profit
Management’s FAQ entitled “What internal controls are needed for cash disbursement?” gives examples
of internal controls that are used by many nonprofit organizations. The complete version of this document
is available online at www.allianceonline.org/FAQ/financial_management/what_internal_controls.faq.
• Segregation of Duties: Segregation of duties means that no single individual should have control
over two or more phases of a transaction. For cash disbursements, different individuals should
authorize payments, sign checks, record payments in the books and reconcile the bank statements. For
small business departments, compensating controls may be established to ensure adequate segregation
of duties.
• Authorization and Processing of Disbursements: Establish policies regarding who in the school
can authorize payments. Some organizations designate this function solely to the business leader
to ensure that a single person is paying attention to monies going out of the organization. In other
cases, a department head might authorize purchases for that department, as long as they are within
the department's budget.

In most schools, once the board approves the budget, there is no need to request authorization for
individual purchases within that budget. However, unbudgeted or significant purchases, such as
computers or other assets, would require additional approval. The board treasurer or board president may
be asked to authorize all purchases. It is important to agree and formally define what constitutes a
significant expenditure requiring additional authorization and how these purchases will be handled.

Check Signing
In many cases, it is useful to require two signatures on checks, especially for purchases over a certain
amount. Your accountant can help you determine this amount, which will depend on the school’s budget.
It is advisable to have three or four people with check-signing authority to ensure that two signers are
available to make disbursements. The number of authorized signers should be kept to a minimum, while
ensuring that daily business is not unnecessarily hampered.

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Chapter 2: Establishing an Organizational Structure
Best Practice
Just as a personnel manual codifies rules and regulations relating to your staff, you should draft an
accounting manual that defines your school’s policies and procedures for handling financial
transactions. This manual can simply be a list of straight-forward descriptions of how everyday financial
functions are handled (e.g., paying bills, depositing cash and transferring money between funds) and
who is responsible for these transactions. The manual will also be useful as a training document as
your office staff grows or experiences turnover.

The Louisiana Legislative Auditor has produced a document that goes into great detail on the proper
accounting practices and procedures for schools. The School Activity Accounts Guide: Accounting,
Auditing, and Financial Reporting is available by visiting http://app1.lla.state.la.us/PublicReports.nsf and
clicking on “School Activity Accounts Guide” or the PDF version of the document can be accessed directly
at: http://www.lla.state.la.us/techasst/school.pdf.

7. ESTABLISH A PAYROLL SYSTEM


Developing a compensation scale is one of the first steps when developing a school budget. It can be
difficult to do so when the enrollment numbers and per-pupil revenue amounts are unclear. Nevertheless,
a payroll system will have to be established and maintained regardless of the exact compensation level
provided to employees. Charter schools generally outsource the payroll function to a service provider
such as ADP or Paychex. These providers typically charge a fee of approximately $4 (or less) per
paycheck. In addition to physically producing checks and making direct deposits, a payroll outsourcer will
also calculate withholding taxes, workers’ compensation and disability payments, make payments on your
behalf to federal, state and city governmental agencies, and manage tax-related filings.

It is vital that charter leaders understand how payroll is calculated, distributed and managed, since
salaries comprise approximately 60-70% of a school’s operating expenses. Even if an outside service
provider is actually producing the paychecks, the charter school’s business leader is still responsible for
indicating wages to be paid and deductions to be deducted, so that the payroll service can deduct taxes
accordingly.

Tracking Staff Time


During a school’s start-up phase, many staff will wear multiple hats as instructors, administrators,
fundraisers, etc. In order to properly compensate workers and accurately match staff time to expense
categories (see Budgeting and Finance chapter for more detail), you must require that all employees who
are allocating their time among instruction, administration and/or fundraising activities track their time on
an hourly basis. This information will be necessary when filing your school’s annual tax return (IRS Form
990). Additionally, salaried staff that are allocated to only one function (e.g., instruction) should use a time
tracking system to report any “extra” after-hours work (if their contracts stipulate they receive bonus
compensation for such activities), vacation time, sick time, etc.

Time tracking can be done either manually or via an off-the-shelf software program (such as ADP’s EZ
Labor Manager). The benefits of a software program include easy online access to time sheets and the
ability for payroll managers to build in business rules that enforce reporting requirements, such as not
letting full-time staff input less than 8 hours and signaling when a staff member has run out of allotted sick
days.

Direct Deposit
Having your employees agree to have their paychecks deposited directly into their personal checking or
savings accounts greatly reduces staff time in terms of physically distributing paychecks and then making
sure the checks have cleared the bank. Charter schools are encouraged to work with their payroll agency
to arrange this service for their employees. Some payroll companies also offer the option of cutting
checks directly from their bank account while withdrawing the total amount of payroll and taxes from the

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Chapter 2: Establishing an Organizational Structure
school’s account. This eliminates the school’s need to track un-cashed paychecks when reconciling
monthly bank statements and thus saves the business leader a great deal of time.

Other Considerations
a. Statutory and Voluntary Deductions
Employees are subject to two kinds of paycheck deductions:
• Statutory deductions such as federal, state, city, unemployment and disability taxes.
• Voluntary deductions such as retirement (401k or 403b), FLEX (flexible spending
accounts/FSAs), health and dental insurance payments, and garnishments (see below). In
addition, the federal, state and city government also have requirements for how these funds
are paid and reported. Work directly with your payroll agency to manage this function.
b. Garnishments
At times a charter school will be informed by a government entity, such as a court or an agency
department, that a certain portion of an employee’s wages is to be withheld for child support,
bankruptcy, etc. Work with the agency in question to finalize the details of how and when these
payments are to be made. Make sure your employee is aware of the garnishment, and put the
information in writing for his/her personnel file to avoid any potential miscommunication.
c. Salaried vs. Hourly Employees
There are rules and regulations governing which employees must legally be classified as hourly
(e.g., receptionists, teaching assistants, security guards, administrative assistants). After deciding
your initial staffing plan, get advice from your auditor to determine when employees are eligible for
overtime. Hourly workers’ time should be tracked through the same system that is used to track
salaried workers’ hours for work above and beyond their regular duties.
d. Employees vs. Independent Contractors
If temporary employees are being managed closely on a day-to-day basis, they must be paid as
employees and have statutory deductions taken from their paychecks. Contractors such as
consultants who have expertise and do not need to be managed closely and shown “how” to
complete a task/project do not have taxes withheld and typically invoice the school to receive
payment. Auditors will be strict with schools that classify temporary employees as independent
contractors in order to avoid paying employer taxes such as FICA, etc. A staff member should also
be designated to follow up with independent contractors at year’s end to confirm that they have
received their 1099 forms (see the Reporting Requirements chapter). The Human Resources
chapter provides more specific guidelines on determining whether a worker is an employee or an
independent contractor.

Remember, payroll mistakes don’t just affect salaries. They can cause a virtual chain reaction of problems
with Social Security, Medicare, disability and workers’ compensation benefits. Problems with payroll can
have a tremendously negative effect on employees, so care must be given to ensure that payroll is
always on time and 100% accurate. Additionally, while outsourcing can be a great solution when you are
stretched for resources, handing off a function such as accounting or payroll to an outside agency still
requires day-to-day oversight and vigilance. Check and double-check your payroll figures before giving
final approval, preferably on the day before timesheets are due to the payroll agency and/or checks are
scheduled to be cut internally. In the end, when the auditors are on-site to perform the audit, it is your
responsibility to ensure that all financial transactions have been properly recorded and handled. In other
words, let the outsourcer handle the number-crunching details (like calculating payroll tax liabilities) but
double-check and track everything yourself.

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Chapter 2: Establishing an Organizational Structure
8. SET UP POSTAL AND SHIPPING SYSTEMS
Early in the administrative life of the school, establish the following shipping, postage and logistics
accounts:
• UPS Account
• FedEx Account
• Messenger Service Account
• Pitney Bowes / Neopost – Postage Meter / Franking Machine

Learn the costs of sending certified and registered mail yourself at http://www.usps.com/ through your
postage meter to save the time waiting in line at the Post Office. If you find the cost of the postage meter
too expensive for year 1, try out handling this manually and then revisit this decision in the future.

9. SET UP PURCHASING, RECEIVING AND DISTRIBUTION SYSTEMS


Pursuant to Louisiana Code, charter schools must follow the Louisiana state procurement rules
only with respect to bids for food service activity, which includes the equipment involved in food
preparation and serving, and for public works projects over $100,000. While it is always wise
business practice to put any contracted service out for bids to ensure you are receiving a competitive
price and service, you are not required to do so unless they meet the aforementioned code requirements.

Managing purchases can take up much more of the charter school leader’s time than may be originally
anticipated. A good practice is to designate a procurement coordinator who handles all purchasing from
beginning to end, including buying, posting invoices, receiving and returning items. This process
alleviates confusion, ensures all activities are centralized for optimal efficiency, cuts administrative costs,
and allows charters to consolidate purchases for maximum price discounts.

The following suggestions can help ensure a well-managed procurement operation. It is recommended
that you document all established processes and distribute these guidelines to employees in order to
avoid confusion.
• Know what you already have in-house: Often, staff will request items without first checking to see
if they are already in stock. The designated procurement coordinator should maintain an inventory
list that allows for easy reference. Prevent excess ordering by having staff first fill out a Requisition
Form. The designated procurement coordinator then checks to see if the item is already in-house,
and if not, groups all requests and places an order.
• Track purchase orders through the accounting system: Accounting software systems will often
allow for purchase orders to be tracked from issuance through payment. The data entry related to
this may be time consuming, so weigh the pros and cons of using the accounting system to
generate and track purchase orders. If you are not using an automated system, maintain vendor
binders to keep outstanding and closed purchase orders organized for easy access when invoices
arrive and need to be matched properly.
• Make sure you receive what you order: The designated procurement coordinator should match
what has been received with the original invoice to ensure that the items are correct. Should the
order arrive without an enclosed packing slip, the procurement coordinator should fill out a
Substitute Pack Slip Form as a hard copy for the school’s records indicating what was received,
from which vendor and when.
Be sure to include the name of the person who made the purchase request in the “Ship To” section
in the address form. This step will help the procurement coordinator know to whom the package
goes once it arrives and help minimize delays.
• Make sure you are billed what you were quoted: Before paying an invoice, compare the quoted
to the billed price. If they are not the same, obtain a new invoice from the vendor. Often schools are

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Chapter 2: Establishing an Organizational Structure
promised a bulk or other type of discount when placing an order, but it is not reflected in the final
billing.
• Have procedures for receiving and distributing packages: In order to expedite and control staff
package pick-up and delivery, the school should have clear policies outlining whether items are to
be held centrally or delivered directly to the person who originally placed the order. Again, the
designated procurement coordinator should oversee an order from the time it arrives at the school
(including accounting for its arrival and, if necessary, stamping it as “Property Of _____”) to its final
destination.
• Set up a returns operation: Whenever the wrong items are received from a supplier, the charter
school must have a system in place for proving that the delivery was made, verifying that the
shipment did not match what was ordered, amending the purchase order recorded in the accounting
system, and shipping the package back to the supplier. Unless an exact process is followed,
suppliers will not credit your account, so it is important that your procurement coordinator clearly
understands and follows return policies as stated.

10. SET UP TELEPHONE SERVICE AND INTERNET ACCESS


Technology is an important part of your school’s infrastructure. Not only is it a primary conduit for your
communications with the authorizer and LDE for reporting and funds transfer purposes, it can also
support your instructional goals. Your operating agreement requires your school to provide student
information technology services and technology infrastructure support. These include:
• Network server
• Email accounts
• Network monitoring firewall intrusion detection and wireless security
• Back-up of school data
• Compliance monitoring for the Child Internet Protection Act (CIPA)
• Virus/SPAM protection

Phones
The telephone system forms the backbone of your communication structure. There are a variety of
systems available, and you need to plan for administrative staff, designated fax lines and cable
connections for DSL Internet access. The number of phone lines needed should be based on your
staffing considerations and Internet configuration.

E-Rate may be a useful tool for charter schools to acquire equipment and services. It should be noted,
however, that successful utilization of the program requires that schools know their needs exactly; this is
impossible in the first year (and sometimes even second year) of operation due to natural fluctuations in
staffing and enrollment. It is the strong recommendation of NSNO that charter schools not involve
themselves in the E-Rate program until the second or third year of operation. For those schools,
some information on the program follows.

E-Rate is a federal subsidy that provides funding for telecommunications for schools and libraries. More
information about E-Rate can be found at http://www.usac.org/default.aspx. You may have noticed a
“Universal Service” line item on your telephone bill; E-Rate is funded partially through small fees
assessed to telephone customers. Type 5 charter schools need to contact the RSD Helpdesk at (504)
373-6200 x24357 to see if the equipment they are thinking of purchasing is covered by the E-Rate
agreement. The current E-Rate plan provides a shared discount that ranges from 80-90% of the costs,
depending on the percentage of your students who qualify for free and reduced meals. Schools should
try to purchase equipment covered by the program. More information on the E-Rate program can be
found in the Budgeting and Finance chapter.

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Chapter 2: Establishing an Organizational Structure
11. SECURE NECESSARY INSURANCE
Under Louisiana Law (§3991[17 &18]), charter schools must have insurance to protect against
liability concerns. For charter schools, there are essentially two categories of risk: the risk of damage or
impairment to assets that are owned by the school (e.g., a fire at school) and the risk of economic loss from
legal liability (e.g., a lawsuit from parents of a student injured at school).

Risk management is the manner in which you address these risks and in some cases, transfer the risk. You
can transfer risk in one of two ways:
• Purchasing Insurance: An insurance company accepts the risk in exchange for a premium.
• Contractual Risk Transfer: A contract is executed in which another party agrees to accept the risk
(e.g., establish contract with food vendor that makes them responsible in case any children become
sick). Some insurance carriers require proof of contractual risk transfer.

While the amount of insurance you must carry varies by the type of charter and your operating agreement, be
aware that you will need to have a $1,000,000 general liability policy. In order to effectively address your risk
management needs, NSNO recommends working with a licensed insurance broker to navigate the risk
management and insurance process. It is advisable to find a broker that has experience working with other
schools. Always ask for contact information for other clients so you can perform a reference check on the
broker.

Your charter school’s operating agreement will identify the types of and levels of insurance your
authorizer requires your school to carry. It is highly important that you understand this section of your
operating agreement and insure your school accordingly. Your insurance broker should also have access
to this document and be clearly instructed to make sure the insurance plan he or she puts together meets
all requirements. After a quote is provided ask for a walk-through of the policy to make sure all
requirements have been met. Your school’s operating agreement requires coverage that may
include (and may not be limited to) the following:
• Directors and Officers Insurance (described in chapter 1)
• Workers’ Compensation, Employer’s Liability Insurance to cover bodily accidents in the amount
of at least $500,000 per accident for Type 1 and at least $100,000 for Type 5 charters (all other
types of charters should refer to their operating agreements for specific dollar amounts).
• Errors and Omissions Liability Insurance to cover liability for negligent acts or omissions that
result in bodily injury, personal injury, or property damage. Errors and Omissions Liability Insurance
must conform to the following requirements:
o The insurance shall cover the Charter Operator for those sources of liability arising out of
the rendering or failure to render professional services in the performance of the
operating agreement, including all provisions regarding financial management and
indemnification.
o The insurance shall be subject to a maximum deductible not to exceed $10,000 per
claim.
o The minimum limits to be maintained by the Charter Operator shall be no less than
$1,000,000 per claim/annual aggregate.
o Prior to purchasing this insurance, the Charter Operator shall submit the policy to BESE
for review. BESE shall approve the provisions of the policy prior to the charter school
purchasing the policy.
• Comprehensive General Liability Insurance typically comes in the form of two complementary
policies, primary coverage and excess coverage. The primary policy typically protects up to $1
million, and the excess policy covers an additional amount. Your primary policy will generally
represent 70-80% of your liability insurance costs. The rate is typically based on your enrollment
multiplied by a quoted fee; however, the rate is ultimately determined by the quality of your

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Chapter 2: Establishing an Organizational Structure
coverage. This insurance must be in place before students are enrolled. This insurance must be in
the form of comprehensive, contractual insurance, personal injury, broad form property damage,
premise operations and completed operations with a minimum combined single limit of no less than
$1,000,000 each occurrence.
• Comprehensive Automobile Liability and Physical Damage Insurance with a combined single
limit for bodily injury and property damage in an amount of not less than $1,000,000 each
occurrence with respect to the school's owned, leased, hired or non-owned vehicles, assigned to or
used in performance of the services offered by the school.
• Property Insurance for the building, structures and contents (including permanently installed
fixtures, machinery, and equipment) purchased by the Charter Operator with state or federal funds.
The property insurance obtained by the Charter Operator shall provide BESE or the State of
Louisiana with the ability to file a claim for any loss of property purchased with state or federal
funds. This insurance must be in place before students are enrolled.
If your charter school is operating in a school facility under the jurisdiction of the RSD, property and flood
insurance are required. Your insurance provider may offer additional types of insurance that could be of
value. Collect quotes and present to the charter leaders and/or board of trustees at an appropriate time in
the budgeting process. Please note, Charter Operators are required to provide BESE with current
certificates of insurance signed by an authorized representative of the insurer(s) on an annual basis. The
certificates must evidence that the following are in full force and effect: policies providing the required
coverage, conditions and limits. Once you have acquired all necessary insurance, signed policies
must be kept on-site at the school.

Determining Quality of Insurance Coverage


Generally, the cost of your insurance is driven by the quality of your insurance, meaning the different
scenarios or events under which your school will be protected. Very inexpensive policies may have the
lowest costs, but they may exclude important features that will expose your school to potential litigation.

Best Practice
Make sure that your General Liability policy includes student accidents, including sports and athletic
injuries and minor injuries from slips and falls. It should also include coverage for sexual abuse and
molestation.

Your insurance broker should be able to provide you with information on the costs of different insurance
models and make a recommendation based on your needs.

Sharing Your School Facility with Community Groups


Children may come to your facility through an arrangement with another organization for use of your pool or
auditorium, for example. If you own or lease your school building and are allowing outside organizations to use
your school, you should take steps to ensure your school is not exposed to additional legal risks.

Through contractual risk-transfer mechanisms, responsibility for the children’s safety should fall to that group
should an accident occur. Any group using your facility should provide a certificate of insurance with all
endorsements, outlining coverage and amounts, and designating your school as an “Additional Insured” so
that you have full recourse for any losses arising from the children’s activities.

Whatever policies your institution establishes, parents should be notified verbally and in writing. Waivers and
permission slips inform the parents of activities and acknowledge their approval. It is advisable to have parents
or guardians sign a form before their children can participate in an activity. The form should provide a full and
clear explanation of the activity, any risks involved in participation, and any transportation arrangements. Be as

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Chapter 2: Establishing an Organizational Structure
specific as possible in stating what is involved, the potential risks, and the voluntary nature of participation.

While a waiver or parental permission slip does not guarantee that your school will be fully protected from legal
proceedings, they may help limit liability. Even if a waiver is not effective, a signed form that describes the
activity and its risks in detail can help show that an adult, such as a parent, assumed the risk of potential harm
to the child. Examples of parental permission slips can be found online. Two examples are:
• http://www.kimberly.k12.wi.us/KASD/Resources/fieldtrip1.pdf
• http://www.dpisd.org/~dphn/resources/permission_slip.pdf

12. RETAIN LEGAL COUNSEL


Most charter schools have some form of legal counsel. Experienced counsel can help you avoid legal
pitfalls and liability issues and also advocate on your behalf should your school become involved in a
legal matter. Only if necessary, you may have an attorney on retainer. It is also wise to include an
attorney on your board of trustees and find a pro bono employment attorney to support you with the
human resources challenges that arise. If you need help retaining legal counsel, please contact NSNO.

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Chapter 2: Establishing an Organizational Structure
3
Budgeting and Finance

Your school budget is essentially your academic program translated into dollars. To run an effective
school, you need gifted teachers (personnel), an environment conducive to learning (building costs and
equipment) and instructional materials that capture your student’s imagination (materials). All of these
components come with a cost, and your business operation is responsible for creating a spending plan,
identifying sources of revenue to pay for your school’s needs as well as tracking your expenditures.

This chapter covers all three areas. From the revenue side, it identifies the sources of funding available to
you and the processes by which funds are allocated to charter schools. It also gives a broad outline of
spending categories to consider when you are developing your budget, and lastly, provides tips on how to
track spending. (This last issue is also addressed in the Establishing an Organizational Structure chapter
under “Accounting” and in the Reporting Requirements chapter under “Financial Reporting.”)

The specific dollar figures made available from state and federal entitlement programs and discretionary
grant funds change annually. Any revenue numbers provided in this chapter are based on the best
available information for the 2007-2008 or 2008-2009 school years only. Please remember that these
numbers will change every year. It is recommended that you become familiar with the sources of revenue
while remaining aware that the specific dollar amounts will vary annually. It is also important to read the
fine print and evaluate whether the administrative time required to apply for a grant makes sense in light
of the amount of money you will receive in the end.

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Chapter 3: Budgeting and Finance
REVENUE SOURCES
Creating a charter school budget starts with a school’s charter application, which requires both a start-up
year and a projected five-year budget. Creating a budget involves making a projected income statement
for the upcoming fiscal year using projections for revenue and expenditures that are either based on
known information (such as projected per pupil allocations), assumptions based on the prior year’s
actuals (for existing schools), or comparable information (for new charter schools). Lastly, schools will
also need to be comfortable with relying on best “guesstimates” in some rare instances.

The school leader and business leader (e.g., business manager, CFO) should be the primary architects of
the preliminary budget. However, since your budget reflects every element of your school’s operations
prioritized and translated into dollars, it is recommended that input be solicited from across the charter
organization. This includes board members, academic leaders and program leaders. An ideal final budget
will have buy-in from all applicable parties and will truly reflect organizational priorities, acting as a guide
for spending and decision making.

In Louisiana, the fiscal year begins on July 1 and ends June 30. Charters should ideally start the
budgeting process for the upcoming fiscal year in March of the preceding fiscal year, with plans to
produce a preliminary budget for staff and board review in April and to adopt a final budget in June.
Funds are often referred to in terms of one year; for instance, “FY09 funds.” This notation refers to the
funding provided for the 2008-2009 school year.

Best Practice
Most revenue sources for charter schools are based on a per-pupil calculation. Therefore, it is
extremely important that the data entry on your students is accurate. Maintaining and verifying the
accuracy of your student information system is critical to the financial viability of your school. Every
charter school has to create an annual operating budget, so share your budget with other charter
school leaders. Ask, “Am I missing anything?” NSNO can also serve as a valuable budgeting resource.

1. START-UP, PLANNING AND IMPLEMENTATION FUNDS

Federal Public Charter School Program Grant (PCSP)


The primary purpose of the Federal Public Charter School Program (PCSP) is to expand the number of
high-quality charter schools available to students across the nation by providing federal financial
assistance for charter school planning and program design, as well as initial implementation.

To be eligible for a grant under the PCSP, an applicant must be a charter developer that has either
opened a charter school within the last 18 months, or that has received approval from a Louisiana charter
authorizer to open a new charter school, and is:
• A Louisiana local education agency (LEA), or
• A non-profit group holding a charter and incorporated in Louisiana as prescribed in Louisiana R.S.
17:3971 – 4001.
A charter school may receive a federal grant for a period of not more than 3 years. Louisiana has divided
the PCSP grant into two phases, with allocations provided separately for each:
1. Planning and Program Design Post-Charter Sub-grant ($200,000)
2. Implementation Sub-grant, which is allocated in two batches ($200,000 each, conditional on the
submission of supplemental applications and budgets)
Together, these 3 sub-grant allocations create a total PCSP grant of $600,000 for eligible charter schools.

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Chapter 3: Budgeting and Finance
Louisiana local school districts or non-profit corporations are eligible to apply for the Planning and
Program Design Post-Charter Sub-grant only when the following criteria apply:
• They have been guaranteed public funding for that charter school beginning in the next school year,
in accordance with state law,
• Their charter school qualifies as a charter school, as defined for the purposes of the PSCP, and
• Their charter school’s admissions practices comply with state law and applicable federal laws.

A charter school meeting eligibility requirements is eligible to receive all phases of the grant. The
submission of a Planning and Program Design Post-Charter Sub-grant application constitutes an intent to
apply for all phases of the grant for which the charter school is eligible. The charter school will be required
to submit an application for the Implementation phases to demonstrate progress made subsequent to
submission of a Planning and Program Design application. Funds received in the Implementation phases
of the grant will be issued through supplemental grant awards.

Federal charter school law specifies the allowable activities that may be funded through the PCSP.
Allowable costs include the development/refinement of assessment instruments, professional
development and recruitment, contracted services for curriculum and policy development, and the
purchase of curriculum materials and equipment related specifically to charter school startup and/or
operation. PCSP funds cannot be used for rent or capital expenditures or, in most cases, salaries and
fringe benefits.

The Louisiana Department of Education will provide these funds directly to the approved sponsoring non-
profit corporation receiving the grant award, or to the sponsoring local school district, depending upon the
status of the charter school group. Funds will be disbursed to approved applicants on a reimbursement
basis.

The PCSP application is made available each year from the Division of Education Finance. In order to
effectively utilize these funds, eligible applicants are encouraged to submit the application immediately
upon receiving their charter operating agreement. The application is comprehensive, and charter school
leaders should carefully read all application guidelines as early as possible to ensure there is sufficient
time devoted to writing and collecting all required information. A separate application must be submitted
for each new or existing charter school. Applicants will be contacted if there is a need for additional
information or clarification. If the application is approved for funding, a notification of award will be issued.

Further information regarding PCSP funding and the PCSP application can be found on the Division of
Education Finance’s charter school webpage at: http://www.doe.louisiana.gov/lde/finance/2420.html.
STATE CONTACTS:
• Program Contact: Patricia McFarland, Office of Charter Schools, LDE (225) 342-5840;
patricia.mcfarland@la.gov or Ken Campbell, Director of Charter Schools, LDE (225) 342-2706;
kenneth.campbell@la.gov
• Fiscal Contact: Karen McCarvy, Budget Analyst, Division of Education Finance, LDE (225) 342-
3776; karen.mccarvy@la.gov

2. GENERAL OPERATING FUNDS

Minimum Foundation Program (MFP)


The Minimum Foundation Program (MFP) formula determines the cost of a minimum foundation program
of education in public elementary and secondary schools and helps to allocate the funds equitably to
parish and city school systems. The MFP formula is a student-based formula that includes a base count
along with weighted counts for student/district characteristics such as at-risk, special education, gifted
and talented, career and technical education, and small district size. The total weighted student count is

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Chapter 3: Budgeting and Finance
calculated for each district and multiplied by a base per-pupil amount to calculate the cost of education in
each school district. The calculated cost is then shared between the state and the local school district,
depending on the wealth of each district. On average, the state share is 65% and the local share is 35%.

State funding through the Minimum Foundation Program is in the form of a block grant from the state to
the local education agencies (LEAs). LEAs are afforded the flexibility to spend these funds as they
determine to be in the best interest of the school system while satisfying all mandated program
requirements. Funds within the MFP are not earmarked for specific purposes but are intended, in
combination with other funds available to the LEAs, to provide for the fiscal requirements of operating a
school system. Schools will receive the first of their twelve monthly disbursements in July. Funds are
disbursed electronically on the 25th of each month.

A detailed MFP Handbook is available from the Division of Education Finance website at:
http://www.doe.louisiana.gov/lde/finance/676.html. This handbook serves as a reference guide to the
Minimum Foundation Program Formula and discusses the various components and details of the formula
used to equitably allocate funds to school systems. It also outlines the requirements for the use of MFP
funds, and charter school leaders and other relevant staff should be familiar with these guidelines. The
Division of Education Finance provides resources and further information about the MFP at:
http://www.doe.louisiana.gov/lde/finance/673.html.

Funding is provided on a per-pupil basis, and is based on student enrollment counts reported by each
district in the Student Information System (SIS). Funding is based on prior year student counts. If October
or February student counts reflect a population increase totaling either 50 students or 1% of the school
population, funding adjustments will be provided. If a charter school is just opening for the first time, their
first year of operation will be funded based on an enrollment estimate, and then adjusted to the actual
student count on October 1.

The funding formulas for charter schools and schools in the Recovery School District are based on the
MFP funding formula. Type 1, 2, 3 and 4 charter schools receive a different per-pupil amount than Type 5
charter schools. Type 1, 2, 3 and 4 charter schools receive funding per Charter School Law (R.S.
17:3995). Schools in the Recovery School District (Type 5 charter schools) receive funding per Recovery
School District Law (R.S. 17:1990).

Because funding varies by district, and by the type of charter school, it may be that some charter schools
receive a different per-pupil amount than others. Type 5 charter schools will know the final per-pupil
amount by July 1. Type 1, 2, 3 and 4 charter schools’ per-pupil amounts are recalculated retroactively in
March to reflect the local revenues of the district as reported in each district’s Annual Financial Report
(AFR); per-pupil amounts may be adjusted upward or downward.

The Division of Education Finance provides resources and further information about the MFP at:
http://www.doe.louisiana.gov/lde/finance/673.html.
STATE CONTACT:
• Contact: Paula Matherne, Education Program Consultant, Division of Education Finance, LDE
(225) 342-3590; Paula.Matherne@la.gov

3. STATE SUPPLEMENTAL FUNDS


Extended School Year (ESY) Program
If a charter school is considered a LEA and is servicing students with disabilities, it may be eligible for
ESY funding. The student must have an IEP and meet the eligibility requirements to receive ESY
services. The purpose of the grant is to provide services during the summer months to prevent regression
of skills. The funds are used to cover the cost of instructional and related services personnel,
transportation, materials and other costs associated with the delivery of an extended IEP and training or

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Chapter 3: Budgeting and Finance
support activities. Although the allocation can vary annually, it is usually a relatively small grant – about
$35 per student. It is appropriated through the state budget in an allocation based on the annual October
1 special education child count. Schools do not have to apply for this grant; the LDE will notify them of
eligibility through an award letter.
STATE CONTACTS:
• Program Contact: Nancy Hicks, Education Program Consultant, Student Services Section, Division
of Educational Improvement and Assistance, LDE (225) 342-0520; nancy.hicks@la.gov
• Fiscal Contact: Kim Lamonte, Budget Analyst, Division of Education Finance, LDE (225) 342-1547
kim.lamonte@la.gov

Louisiana Teacher Assistance and Assessment Program (LaTAAP)


In the Louisiana Teacher Assistance and Assessment Program, an experienced teacher mentor provides
new teachers support and assistance for four semesters (two years). In the new teacher’s third semester
of employment, he or she will be evaluated by a two-member assessment team composed of the school
principal (or designee) and an external assessor. The external assessor may be an experienced teacher
that comes from outside the new teacher’s school or a retired educator or college faculty member. The
LaTAAP grant provides funding to the LEA to support these activities.

Legislation passed during the 1997 regular session of the Louisiana Legislature allows non-public and
charter school teachers to participate in LaTAAP. Implementation of LaTAAP is voluntary. Schools must
meet the requirements outlined in Bulletin 1943: Policies and Procedures for Louisiana Teacher
Assistance and Assessment (http://www.doa.louisiana.gov/osr/lac/28v37/28v37.doc), for the two-year
span of the program. To participate in LaTAAP, schools must fill out an application and designate a
contact person for the program. While there is no set due date for the application, schools should submit
their applications by late spring/early summer (for the 2008-2009 school year, schools must submit by
July 15). Trainings for the assessors and mentors are held over the summer, and a meeting is held in July
for all designated school contacts. To receive an application packet, please contact Sheila Chavis or Lixia
Li (information below). For more information on LaTAAP, please visit the Louisiana Department of
Education’s website at http://www.doe.louisiana.gov/lde/index.html, click on the Professional
Development tab at the top of the homepage, and then find the LaTAAP link.
STATE CONTACTS:
• Program Contact: Shelia Chavis, Section Administrator, Professional Accountability Section, Office
of Educator Support, LDE (225) 342-3524; shelia.chavis@la.gov or Lixia Li, Education Research
Analyst, Division of Professional Development, LDE (225) 342-6985; lixia.li@la.gov
• Fiscal Contact: Becky Brown, Budget Analyst, Division of Education Finance, LDE (225) 342-1779,
becky.brown@la.gov

K-12 Accountability Awards


The purpose of this program is to reward those schools that meet or surpass their growth target for the
performance of students classified as high poverty. Growth targets are established by a formula in
Bulletin 111. Generally, they represent the amount of growth required each year to reach the 2014 goal of
120, with 2.0 as the absolute minimum and 10.0 the maximum. The targets are adjusted downward for
schools with students designated as Limited English Proficient (LEP) and/or special education. After
assessment results are in, schools showing growth can be classified in one of two categories, as
published in the Fall Accountability Release in mid-September. A Recognized Academic Growth (RAG)
school meets only 1 qualification – it achieves its growth target. An Exemplary Academic Growth
(EAG) school meets 3 qualifications – it achieves its growth target, avoids Academically Unacceptable
School (AUS) status (SPS < 60.0), and grows at least 2 points in the assessment indices for special
education and high poverty students. New schools are not eligible for funds in their first year of operation.
A school may be eligible in its second year, but frequently it is not until eligible until year 3, which is 1 year
after it receives a baseline SPS.

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Chapter 3: Budgeting and Finance
EAG schools will receive a higher per-pupil amount than RAG schools. Allocations are subject to change
on an annual basis, due to overall funding and the number of schools eligible for rewards. School
personnel at each school site may decide how the monetary rewards will be spent; rewards cannot be
used for salaries or stipends. Each school board must maintain records demonstrating compliance with
these requirements.
STATE CONTACTS:
• General Contact: Tom Spencer, Education Program Consultant, Accountability Policy & Research,
Division of Standards, Assessments, and Accountability, LDE (225) 342-3510;
thomas.spencer@la.gov
• Fiscal Contact: Evelyn Johnson, Section Leader, Program Services, Division of Educational
Improvement and Assistance, LDE (225) 342-3730; evelyn.johnson@la.gov

K-3 Reading and Math Initiative


The goal of this program is to improve the reading and mathematics skills of students in kindergarten
through third grade by providing comprehensive and ongoing staff development to teachers so that they
will learn and employ effective strategies for reaching children with diverse learning styles and special
needs. An additional focus is intervention for kindergarten through third grade students who are at risk of
experiencing difficulty in reading and/or mathematics. Allocations are provided to all public schools with
K-3 enrollment, including new charter schools. Funding for 2008-09 is expected to be similar to that of
2007-08. For the 2007-2008 school year, allocations were computed according to the February 1 K-3
student enrollment count with each LEA receiving: a) a base amount of $20,000 for student enrollment
under 300 or a base amount of $40,000 for student enrollment of 300 and greater; and b) a per-pupil
allocation of approximately $12.35. These funds are allocated to the district, which in turn allocates
money to individual schools. The funding can be used for teacher training and remedial and supportive
educational programs for students in grades K-3. Budget reporting is required for elementary schools on
a monthly basis as part of the monthly fiscal report sent to the district. Programmatic progress is
measured through state academic assessment testing. More information about these funds is available at
http://www.louisianaschools.net/lde/saa/575.html.

Each district or charter school must submit an acceptable application and budget, following the guidelines
of the program. Please check the website or contact the individuals listed below for more details. The
application is usually available in June for existing charter schools. Each year, Education Finance
reserves a part of the total allocation to be awarded to new charter schools when current enrollment
numbers are available (October 1). The award for new charters will be allocated somewhat later than for
existing charter schools, because of the delay in establishing the enrollment count. Each year, the
application encourages a focus on several priorities. The 2007-08 K-3 Reading and Mathematics Initiative
application included a focus on the following issues. It is expected that the focus will be similar for 2008-
09, with a bit more attention to intervention.
• Universal screening to identify students at risk for reading failure, using DIBELS or DRA
• Universal screening to identify K-3 students at risk of failure in math, using instruments chosen by
the district to screen and measure student progress
• Screening for dyslexia and related disorders for all K-3 students before the end of third grade as
required by Bulletin 1903: Regulations for the implementation of the Louisiana Law for the
Education of Dyslexic Students (available at: http://www.doa.louisiana.gov/osr/lac/28v35/28v35.doc)
• Implementation of interventions in reading and/or math for students identified as below benchmark
or below grade-level
• Enhancement of selected MSL intervention programs
• Professional development and materials needed to meet the priorities listed above
STATE CONTACTS:
• Program Contact: Patsy Palmer, Education Program Consultant, Curriculum Access Section, LDE
(225) 342-1129; patsy.palmer@la.gov

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Chapter 3: Budgeting and Finance
• Fiscal Contact: Julie Cutrer, Budget Analyst, Division of Education Finance, LDE (225) 342-6311;
julie.cutrer@la.gov

8(g) Funds
The BESE 8(g) funds are made available through a constitutional amendment dedicating the Outer
Continental Shelf Lands Act money to improve the quality of education in Louisiana. Schools can access
monies from the Support Fund, more commonly called 8(g), by applying through one of the grant
programs established by BESE. BESE awards grants on an annual basis using three funding methods –
Competitive, Student Enhancement Block and Statewide grants – and focuses its endowments on
improving teaching and learning.

Competitive Grant Program funds are allocated by formula to the district/school. Each year, one or
more focus areas are identified for proposed projects. The allocation of these 8(g) funds is equitably
distributed according to categories determined by agency size. Public independent schools (such as
charter schools) are grouped together within the small agency category. Each system/agency is limited to
a certain number of project submissions according to its allocation category. The projects ranked highest
by independent grant readers appointed by BESE receive funds. Projects are funded on an annual basis,
with a maximum of three years of funding. Competitive grant guidelines and application packets are
published in December of each year and are available on the BESE portion of the Louisiana Department
of Education website. Proposals are due in February. Grants are awarded in May of each year and are
implemented during the following fiscal year.

The Student Enhancement Block Grant Program provides funds for projects that serve as a catalyst
for student academic and vocational skill improvement. Participants select from designated focus areas in
accordance with local priorities. The grant is based on a per-pupil allocation, with eligible systems and
schools receiving funding according to enrollment figures from the previous year. Block projects are
eligible for funding for up to four years. Block grant funds may not be used for the same project in the
same school at the same grade level for more than four consecutive years unless it is for a pre-
kindergarten block grant program. Grant guidelines are published in April and are available on the BESE
portion of the Louisiana Department of Education website. Proposals are due in August.

The Statewide Grant Programs are administered by the Department of Education to provide goods,
services, or flow-through dollars to schools or school systems. The programs target specific participants
and/or focus on common goals determined by the administering agency and approved by BESE.
Students, teachers, and administrators can all benefit from funded programs, which can be implemented
to provide support services including the incorporation of up-to-date classroom methodology, curriculum
and assessment materials, technical support for school and district leaders, and professional
development. Each year BESE allocates a certain percentage of the overall 8(g) budget for Statewide
Grant Programs, and the programs and budgets are approved by BESE. The Department of Education,
which administers the statewide programs, has their own system for funding and identifying and notifying
participants. Eligible public/nonpublic districts or independent public/nonpublic schools apply directly to
the Department of Education for program guidelines and funding methods. For more information on
specific 8(g) Statewide Grant Programs, see the 8(g) Program Directory. This Directory is updated and
posted in September of each year at: http://www.doe.state.la.us/lde/bese/1080.html.

More information about the Louisiana Quality Education Support Fund – 8(g) is available at:
http://www.doe.state.la.us/lde/bese/1019.html.
STATE CONTACTS:
• Program AND Fiscal Contacts:
o Jeanette Vosburg, 8(g) Grant Consultant, Board of Elementary and Secondary Education
(BESE), LDE (225) 342-8728; jeanette.vosburg@la.gov

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o Robyn Jenkins, 8(g) Grant Administrator, Board of Elementary and Secondary Education (BESE),
LDE (225) 342-8728; robyn.jenkins@la.gov
o Janie Johnson, 8(g) Grant Administrator, Board of Elementary and Secondary Education (BESE),
LDE (225) 342-8728; janie.johnson@la.gov

LA-4 Program
LA-4 is a statewide pre-kindergarten program serving four-year-old children not currently enrolled in
publicly funded Pre-K classes. The purpose of the LA-4 program is to provide high-quality early childhood
educational programs to four-year-olds who are eligible to enter public school kindergarten the following
year. The program provides funding at no charge for students that are considered “at-risk.” The LDE’s
Division of Standards, Assessments, and Accountability has defined “at-risk” children as those who
qualify for free or reduced-price meals. $5,000 is allocated per four-year-old pupil in each classroom, with
a limit of 20 pupils per classroom ($100,000 per classroom). Students who do not qualify for free or
reduced-price meals may attend the program at a tuition cost of up to the limit provided ($5,000 per pupil,
per year) through the LA-4 funds. An additional allocation of $1,125 per pupil is provided for a before- and
after-school enrichment program that offers students opportunities to participate in appropriate activities
in a safe, engaging environment after the regular school day. A charter school or its overarching school
district may choose whether or not to charge the tuition at their discretion or need. Teachers in these
classrooms are required to be certified in an appropriate early-childhood field (i.e., nursery, kindergarten,
Pre-K to 3, non-categorical preschool, early intervention, etc.). Students in classrooms funded with LA-4
monies are provided with a 6-hour educational program. Some charter schools also offer the before- and
after-school enrichment component of the program, if there is a need. Schools that participate in the
program are required to submit monthly reports to the Division of Standards, Assessments, and
Accountability. These reports provide counts of free or reduced-price students, tuition-paying students,
students provided with transportation, students with IEPs, and students present 90% of the calendar
month. A similar before- and after-school enrollment report is submitted monthly. School districts and/or
charter schools submit receipts for their expenses, but this is up to the discretion of the district/charter as
to whether or not this is done monthly (many submit on a bi-monthly basis). This and other program
requirements are addressed during the summer, when all accepted LA-4 participants are provided an
orientation and training. Applications are available on the Region I Education Services Center’s website
(http://www.doe.louisiana.gov/lde/saa/1874.html) in January of each year; new and renewal applications
are due in early February. Type 5 charter schools must submit their own applications, and are treated as
independent entities, just like a traditional school district. They receive their funds directly from LDE.
Other types of charters are normally under the jurisdiction of the governing school district, which handles
the submission of applications and/or requests for payment.
LOCAL CONTACT:
• April Lauterbach, LA-4 and Early Childhood Coordinator for Region I (504) 219-4700;
april.lauterbach@la.gov
STATE CONTACT:
• Ivy Starns, Education Program Consultant, Division of Standards, Assessments, and Accountability,
LDE (225) 342-3370; ivy.starns@la.gov

LEAP Remediation
th th
State legislation requires that 4 and 8 grade students who fail to meet the minimum achievement level
th th
necessary to be fully promoted to the 5 or 9 grade shall be offered supplemental educational programs
designed to improve student achievement in grade-appropriate skills. This supplemental remedial
education can be funded in part with the LEAP Remediation grant. The funds are available as
reimbursement for services provided. The purpose of supplemental remedial instruction is to assist
students, including those identified with disabilities, to overcome their educational deficits so that they
may be successful in achieving required proficiency levels on the spring or summer administrations of the
LEAP tests. Each Local Education Agency (LEA), as part of its Pupil Progression Plan (see the Academic
Assessments chapter), shall develop a remedial education program with two components: a School-Year
Intervention/Remediation Program and a Summer Remediation Program.

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th th
School-Year Intervention/Remediation must be provided to both students repeating the 4 and 8
th th
grade as a result of failing LEAP, and first-time 4 and 8 graders with “Approaching Basic” or
rd th
“Unsatisfactory” scores on their 3 and 7 grade iLEAP tests. The school year program shall offer each
eligible student a minimum of 40 hours of intervention/remediation. The minimum 40 hours shall be
provided between the beginning of the school year and spring LEAP testing. Programs may continue to
the end of the regular school year. Remediation teachers must be certified. Every effort should be made
to have the pupil/teacher ratio as low as possible. The LEA shall include an evaluation plan for its school
year remediation program as part of the program description that is submitted to the Department of
Education.

th th
Summer Remediation must be offered to all 4 and 8 graders who do not take the spring 2008 LEAP
tests or who score “Unsatisfactory” or “Approaching Basic” in either subject on the spring tests. The High
Stakes Testing Policy requires local school districts to offer a minimum of 50 hours of intense and
focused instruction, in English language arts and/or mathematics, at no cost to eligible students.
Remediation teachers must be certified. Each LEA will submit, as part of the application for funds, a
method for evaluating the summer program that it offers. At least 80% of the eligible students will
participate in LEAP Summer Remediation. Of the total students who participate in the LEAP summer
th th
program statewide, 40% will achieve the passing standard needed for promotion to the 5 or 9 grade on
the 2008 summer LEAP test. A Summer Remediation Performance Improvement Plan will be required
th th
from a school system, if fewer than 40% of its 4 and/or 8 graders taking the summer retest meet the
th th
standard for promotion to the 5 or 9 grade.

Funding is allocated to the district and then dispersed to individual schools based on their LEAP pass
rates. For schools that have their LEAP test results from the previous spring and summer, applications
are usually due in early October. Because funding is determined by test results from the previous school
year, new charter schools will be funded in a slightly different manner. The Division of Education Finance
will reserve a part of the total allocation to be awarded to new charter schools once October 1 enrollment
numbers are available. As a result, the award for new charters will be allocated somewhat later than for
existing charter schools. New charter schools should go ahead with remediation programs for the
students that are in danger of failing the LEAP tests in the spring, as is mandated by state legislation.
Once a school receives its grant award notice, they are then able to retroactively submit an application for
the funds and then submit for reimbursement of program expenses. Please note, the Division of
Standards, Assessments, and Accountability often provides informational meetings in the fall for new
school leaders to learn about remediation processes. For more information, please contact the Division of
Standards, Assessments, and Accountability at (225) 342-3406.

A complete listing of program guidelines and budget forms is available online at:
http://www.doe.louisiana.gov/lde/saa/2386.html.
STATE CONTACTS:
• Program Contact: Sharon Compton, Program Coordinator, Office of Student and School
Performance, Division of Standards, Assessments and Accountability, LDE (225) 342-3372;
sharon.compton@la.gov
• Fiscal Contact: Julie Cutrer, Budget Analyst, Division of Education Finance, LDE (225) 342-6311;
julie.cutrer@la.gov

GEE Remediation Program


The GEE Remediation Program is designed to provide remedial instruction to targeted students in grades
10 and 11 in an effort to increase their scores above the “Unsatisfactory” achievement level on the
mathematics, science, social studies and/or English language arts sections of the GEE. Charter schools
are eligible to apply for funding through the GEE Remediation Program. Eligible students include those
students that received a score of “Unsatisfactory” on the English language arts, mathematics, science,

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and/or social studies sections of the previous spring’s GEE, as well as those who are in danger of scoring
“Unsatisfactory” on any section in the upcoming year.

School districts are required to offer a minimum of 50 hours of remediation each year for students
who do not pass the Graduation Exit Exam (GEE). The remediation should be offered in English
language arts, mathematics, science and social studies. Instruction provided under this program must be
based on the State Content Standards and on the rigor of the GEE. The instruction should include
standards-based instructional activities and assessments designed to assist students in learning the
English language arts, mathematics, science, and social studies content that will allow them to score
“Approaching Basic” on the GEE. Remediation may include remedial classes, after-school tutoring, and
summer school. LEAs may schedule these GEE remediation classes during the school year or during the
summer, either in conjunction with regular summer school or at another time. Allowable expenses include
salaries and benefits for professionals providing direct services to students for summer classes or classes
held after school hours (teachers must be certified), evaluation and classroom level assessment
materials, supplies and materials, teacher training, and bus transportation for GEE summer remediation
students.

Type 5 charter schools under the Recovery School District will receive funds directly through the RSD.
Allocation of funds for the GEE Remediation Program are determined by a formula based on the number
of students scoring “Unsatisfactory” in English language arts, science, social studies and/or mathematics
on the spring GEE. The funds are available as reimbursement for services provided. There is no need to
apply until you have been notified that your school is eligible for these funds. Once the RFP is published,
schools that are deemed eligible will be sent notification and application materials. The application
includes a budget package.
STATE CONTACTS:
• Program Contact: Anne Wilson, Program Coordinator, Division of Standards, Assessments, and
Accountability, LDE, (225) 342-0140, anne.wilson@la.gov
• Fiscal Contact: Becky Brown, Budget Analyst, Division of Education Finance, LDE (225) 342-1779,
becky.brown@la.gov

National Board Certified Salary Supplements


Salary supplements are available to National Board Certified (NBC) teachers, counselors, psychologists
and social workers if the charter school that employs them is considered a LEA. These employees will
receive a salary supplement of $5,000, appropriated through the state budget. Letters are sent out in
early August from LDE with information for schools on how to apply for these supplements.
STATE CONTACTS:
• Program Contact (psychologist or social worker supplements): Nancy Hicks, Education Program
Consultant, Student Services Section, Division of Educational Improvement and Assistance, LDE
(225) 342-0520; nancy.hicks@la.gov
• Program Contact (teacher supplements): Andrea Farmer, NBC Program Coordinator, Division of
Professional Development, LDE (225) 342-6981; andrea.farmer@la.gov
• Program Contact (counselor supplements): Patricia Merrick, Division of Family, Career and
Technical Education, Career and Technical Education, (225) 342-3488; patricia.merrick@la.gov

Education Excellence Funds (EEF)


These funds are available to any charter school operating as a LEA that has already completed one full
year of operation. New charter schools are not eligible to receive these funds until their second year of
operation. To receive these funds, school must first ensure that they follow the programmatic and
procedural guidelines established by the state legislature:
1. Monies appropriated shall be restricted to expenditure for pre-kindergarten through twelfth grade
instructional enhancements for students, including early childhood education programs focused on

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enhancing the preparation of at-risk children for school; remedial instruction and assistance to
children who fail to achieve the required scores on any tests, passage of which is required pursuant
to state law or rule for advancement to a succeeding grade; or other educational programs
approved by the legislature.
2. The legislation prohibits the use of any monies from the Education Excellence Fund for
expenditures for maintenance or renovation of buildings, capital improvements, and increases in
employees' salaries.
3. Recipients are prohibited from using EEF monies to supplant any state general fund dollars or
locally generated revenue.
In addition to following these guidelines, each recipient school or school system must submit to LDE a
detailed expenditure plan. The LDE is responsible for the distribution of EEF monies in accordance with
a legislatively established funding formula. No funds may be distributed to any school or school system
until its expenditure plan has been reviewed and approved by the LDE and by the appropriate standing
committees of the legislature. For instructions on how to complete your expenditure plan and other helpful
documents and information regarding the EEF, visit http://www.doe.state.la.us/lde/eia/1590.html.
Applications are usually mailed out sometime between late May and the end of June. Schools do not
need to call to verify that they are on the mailing list for applications; however, if there is a preference to
designate a particular recipient (other than the school principal/administrator), schools may contact
Rashaunda Seals-Matthews (listed below). Completed applications are due back to the Department
approximately six weeks after the applications are distributed.
STATE CONTACTS:
• Program Contact: Barbara Foster, Education Program Consultant 3, Division of Educational
Improvement and Assistance, LDE (225) 342-3730; Barbara.Foster@la.gov
• Fiscal Contact: Rashaunda Seals-Matthews, Budget Manager, Division of Education Finance, LDE
(225) 342-2092, rashaunda.matthews@la.gov

Adult Basic Education Program


The purpose of the program is to provide, on a voluntary basis, adult education and literacy services in
order to assist adults to become literate and obtain the knowledge and skills necessary for employment
and self-sufficiency; to assist adults who are parents to obtain the educational skills necessary to become
full partners in the educational development of their children; and to assist adults in the completion of a
secondary school education. For the purposes of this program, an “adult” is defined as anyone age 16 or
older. This is a competitive grant for which a number of institutions, including charter schools, are eligible
to apply. A panel of external readers will review proposals. The criteria used for review of grant
applications will be based on the ability of local applicants to provide evidence of measurable goals and
past effectiveness while also demonstrating the intensity of services for those in most need with real-life
context, use of technology, and a focus on English literacy. Applicants should also exhibit effective
staffing and coordination, flexible schedules, and sound information management. Applicants must score
a minimum of 140 of the possible points or 70% and provide data to evidence successful program
performance to be considered for funding. In FY09, approximately $11,000,000 will be awarded for Adult
Basic Education grants statewide; funding provided to selected LEAs in the past has ranged from
$45,000 to $800,000. For FY09, applications must be submitted by May 19. The application contains
detailed information that should be reviewed thoroughly before applying. The application is available at
http://www.doe.louisiana.gov/lde/uploads/7245.doc. The accompanying budget forms are available at:
http://www.doe.louisiana.gov/lde/uploads/7224.doc. Program implementation runs from July 1 –
September 30.
STATE CONTACTS:
• Program Contact: Elizabeth Moore, Adult and Family Literacy Services, Division of Family Career
and Technical Education, LDE (225) 342-0444; elizabeth.moore@la.gov
• Fiscal Contact: Becky Brown, Budget Analyst, Division of Education Finance, LDE (225) 342-1779,
becky.brown@la.gov

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Family Literacy Grant
The purpose of the Family Literacy Grant Program is to help break the cycle of poverty and illiteracy by
improving education outcomes for low income families by integrating four core components into a unified
family literacy program: early childhood education, adult basic or literacy education, parenting education
and parent/child together time. This is a competitive grant for which a number of institutions, including
charter schools, are eligible to apply. Approximately $300,000 is available statewide for the Family
Literacy grants; in FY08, 2 grantees were selected to receive approximately $125,000 each. A panel of
external readers will review proposals. For FY09, applications must be submitted by May 19. The
application contains detailed information that should be reviewed thoroughly before applying. The
application is available at http://www.doe.louisiana.gov/lde/uploads/7281.doc. The accompanying budget
forms are available at: http://www.doe.louisiana.gov/lde/uploads/7224.doc. Program implementation runs
from July 1 – September 30.
STATE CONTACTS:
• Program Contact: Elizabeth Moore, Adult and Family Literacy Services, Division of Family Career
and Technical Education, LDE (225) 342-0444; elizabeth.moore@la.gov
• Fiscal Contact: Becky Brown, Budget Analyst, Division of Education Finance, LDE (225) 342-1779,
becky.brown@la.gov

4. FEDERAL ENTITLEMENT FUNDS

Combined Funding/NCLB and IDEA


Charter schools are required to meet the requirements of NCLB, as is any other public school. This
includes demonstrating “adequate yearly progress,” or AYP, via a state-wide accountability process that
measures the extent to which a school succeeds in educating its students to proficiency in at least
reading (or language arts) and mathematics. All charter school authorizers and the LDE are responsible
for ensuring that charter schools meet state accountability standards. To meet these goals, funding is
available. This section outlines these funding opportunities and procedures for acquisition of grants.
Comprehensive information is available online at: http://www.doe.louisiana.gov/lde/finance/667.html. This
website provides information allocations, eGrants information, the Grants Guide, Quick Reference Guide,
presentations, budget forms, and contact information. The information below should serve as a solid
starting point. Please utilize the contacts listed to discuss your individual circumstances and questions.
Make sure your school is in full compliance with funding parameters and well aware of expenditure
allowances before spending a dime.

The Combined Application Process


The Combined Application (sometimes referred to as the Consolidated Application) is the vehicle through
which local education agencies (LEAs) apply to the Louisiana Department of Education for participation in
No Child Left Behind (NCLB) and Individuals with Disabilities Education Act (IDEA) funding. The
Combined Application is for the following grants:
• Title I, Part A (NCLB)
• Title II, Part A (NCLB)
• Title III, Part A – commonly referred to simply as “Title III” (NCLB)
• Title IV, Part A (NCLB)
• IDEA, Part B
Other NCLB grants are not part of the Combined Application. LEAs must make separate application for
those programs. Details on these separate application procedures can be found in the section that
follows. The Combined Application for the funds is approved by the state and the funds are allocated to
the district, which in turn disburses the majority of the funds to the schools according to the programmatic
requirements of the grant. The district bases its application on the student information and school plans

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developed by each school. For more information on the State Guidelines for developing a school plan,
visit: http://www.doe.state.la.us/lde/scs/646.html.

The Combined Application is submitted using the eGMS (Electronic Grant Management System). This
system is more commonly referred to as eGrant. Currently, only the Combined Application for NCLB/IDEA
funds is available through eGMS, but eventually, most grant programs administered by LDE will be
available on eGMS. To participate in eGMS, each LEA must designate an eGMS Security Coordinator.
This individual will receive all instructions and required forms once a completed eGMS personnel
designation form is received by the department. The Security Coordinator will create LEA IDs, enable
proper access level for the ID, and maintain ID profile information (i.e., updating email addresses, phone
numbers, etc.) Once your LEA Security Coordinator provides your ID, you will be able to log into the
system and create your application. For technical assistance with eGMS, contact Jason Berard at (225)
342-0320 or Jason.Berard@la.gov. For reimbursement assistance, contact Babs Myers at (225) 342-
3780 or Babs.Myers@la.gov.

Tentative allocations for the coming school year’s NCLB/IDEA programs are usually available on eGMS in
April. For existing LEAs, allocations are based on a percentage of prior year funds and will be adjusted
upon receipt of the federal Grant Award Notifications. For new charter schools or schools that are
entering into the RSD, tentative allocations are a projection based on anticipated child counts. Final
allocations will be calculated based on your October 1 Student Information System (SIS) and Special
Education Reporting System (SER) counts.

Funds available to charter schools under the NCLB Act are the following:

TITLE I: Improving the Academic Achievement of the Disadvantaged


Title I, Part A: Improving Basic Programs Operated by Local Educational Agencies
The purpose of these funds is to enable schools to provide opportunities for children to acquire the
knowledge and skills contained in challenging state content standards and to meet the challenging state
performance standards. Allowable uses of funds include programs that support extra instruction or
support services in reading and mathematics, science, and computers, as well as special pre-school,
after-school, and summer programs to extend and reinforce the regular school curriculum. This includes
salaries for staff such as Reading Coaches, Parent Coordinators, Title I coordinators, etc. as well as
supplies and materials that directly contribute to providing extra services to underperforming students. A
portion of the funds are set aside and held at the central district level. In addition, 1% of the funds is set
aside to support parent and community involvement. Parental and community involvement activities need
to be clearly identified in the school’s Title I budget.

To apply for the Title I, Part A funds, each LEA is required to submit the electronic combined application
(described above). In addition, each school must generate a School Improvement Plan (SIP) that meets
district or state guidelines, depending on the authorizer. In the state of Louisiana, each school’s School-
Wide Plan has been designated to function as the SIP. These plans are to be completed in accordance
with the statute (SEC. 1114 (b)(2)) or the Regulation 200.27.

Title I schools may choose to be funded in one of two ways:


1) Targeted Assistance Program (TAP): Schools provide services only to children who have been
identified as having the greatest need for special assistance, based on the criteria outlined in the
application. Children with the greatest need for assistance are NOT necessarily the most
economically disadvantaged but instead the most underperforming.
2) School-Wide Program (SWP): A SWP is intended to upgrade the entire educational program of a
school in which at least 40% of the children are from low-income families.

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In their first year of Title I funding, new schools are always eligible to operate a TAP, and can apply to
operate a SWP in subsequent years. However, new schools are also able to operate a SWP in their first
year provided their School-Wide Plan (acting as the SIP) is completed in its entirety before the school
opens. Normally, the school has a full year to develop this school-wide plan, unless technical assistance
is given and it is determined that less time is needed. Please note, SWP status does require more
substantial reporting requirements than a TAP.

In either a TAP or SWP, charter schools must spend at least 5% of Title I, Part A funds on professional
development activities to ensure that all Title I funded teachers of core academic subjects in TAP schools
and all teachers in SWP schools become “highly qualified.” For an extensive discussion of what
constitutes a “highly qualified” charter school teacher in Louisiana, please read the definitions online at
http://www.doe.state.la.us/lde/tsac/1790.html. Charter schools are allowed to reserve less than the
mandated 5% if: (a) over 95% of the school’s teachers are already highly qualified and (b) there are other
funding sources available to meet the 5% (i.e. Title II, 8g, etc.).

The formula for Title I, Part A allocations is based on the number of children aged 5 to 17 from low-
income families as determined by census data. These amounts are then adjusted for state administration,
school improvement and in order to fund those LEAs not included in the census data provided by the
USDOE. LEAs target funds to schools with the highest percentages of children from low-income families.
Unless a school is operating a school-wide program (SWP), the school must target Title I services to
children who are failing (or most at risk of failing) to meet the state’s academic standards. The funds are
disbursed on a reimbursement basis subsequent to approval of the application.
STATE CONTACTS:
• Program Contact: Bernell Cook, Section Leader, NCLB Program Review, Division of Educational
Improvement and Assistance, LDE (225) 342-1192; Bernell.Cook@la.gov
• Fiscal Contact: Amanda Joyner, Budget Manager, Division of Education Finance, LDE (225) 342-
1871; amanda.joyner@la.gov

Title I, Part B, Subpart 3: Even Start Family Literacy


The purpose of Even Start Family Literacy is to help break the cycle of poverty and illiteracy by improving
the educational opportunities of low-income families by integrating early childhood education, adult
literacy or adult basic education, and parenting education into a unified family literacy program. The goal
is to provide the supports and educational opportunities so that parents can become productive adults
and can also support their children in reaching challenging educational standards. Implementation is
achieved through cooperative projects that build on existing community resources to create a new range
of services and assist children and adults to achieve challenging state content and performance
standards. The program includes parents eligible for services under the Adult Education and Family
Literacy Act and their children from birth through age 7. Even Start participating families MUST participate
for a specific number of hours each in Adult Ed (24), Early Childhood Education (24), Parenting Education
(8), and Parent/Child Interactive Literacy Activities (8). This program is not meant to serve those who just
want one component or the other – they must participate in all four required components.

LEAs apply through the State Department of Education for Even Start funding, which is a competitive
grant process. Grant applications are due in May for implementation in the fiscal year running from July 1
– June 30. This grant is awarded for a four-year cycle. Grant applications must evidence a partnership
between an LEA and outside agency(s). (Please note that this collaborating agency must act as a
“partner,” and not be in a solely supportive role; the partner's participation and contributions must be
clearly stated and attached to the application.) Once submitted, applications are read and ranked
according to established selection criteria by a three-member panel of reviewers: an early childhood
professional, an adult education professional, and a family literacy professional. Priority is given to
proposals that target areas designated as empowerment zones or enterprise communities or that propose
to serve families in other high-poverty areas. When applying for the grant, only grantees that are within a
four-year funding cycle should apply using the “continuation” application:

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http://www.louisianaschools.net/lde/uploads/10817.doc. Applicants seeking a new grant for the coming
program year should use the “new” application: http://www.louisianaschools.net/lde/uploads/12224.doc.

The Even Start grant is not meant to function as single-source funding. Additional funds should be
contributed from other sources to help support the program developed by the school. There is no set
amount that can be requested, but due to decreases in overall funding for the last three years, requests
have been more conservative. This year, there is approximately $600,000 available for new programs.
Applications will all be read and ranked and funds will be distributed accordingly.
STATE CONTACTS:
• Program Contact: Kay Nelson, Program Consultant, Division of Family Career and Technical
Education, Family & Youth Development, LDE (225) 342-3340; kay.nelson@la.gov
• Fiscal Contact: Benita Bacote, Budget Analyst, Division of Education Finance, LDE (225) 342-
3748; benita.bacote@la.gov

TITLE II: Preparing, Training, and Recruiting High Quality Teachers and Principals
Title II, Part A: Teacher and Principal Recruitment and Training
The purpose of these funds is to increase student achievement by improving teacher and principal quality
through sustained, intensive, and high-quality professional development in the core academic subjects.
This is especially important now, as the No Child Left Behind (NCLB) Act of 2001 requires that all
teachers in the core content areas meet the “Highly Qualified” teacher requirements as defined in Section
9101 (24). Individual charter schools with LEA status may apply to the Louisiana Department of
Education for funding through the electronic combined application process (see above). The local
allocation is based on the relative funding level of the Eisenhower Professional Development State
Grants and Class Size Reduction funding for FY 2001. This allocation is technically referred to as the
“hold harmless” allocation. If the school or LEA was not in existence during FY 2001, or if the school’s
geographic boundaries have since changed, this provision does not work. In these cases, the state still
develops a “hold harmless” allocation for these schools, based on a calculation that most closely
approximates the statutory formula.

In any year that the state is left with extra funds after this first “hold harmless” allocation, the remaining
funds are allocated based on census data from the USDOE – 20% of the excess funds are distributed
based on the relative number of individuals ages 5 through 17 who reside in the area the LEA serves, and
80% of the excess funds are distributed based on the same formula child count of individuals age 5-17
from families with income below poverty line used for computation of Title I, Part A allocations. The funds
are centrally administered at the district level with schools requesting funds to support specific
professional development activities. Many professional development opportunities are offered through the
Region 1 Education Service Center. For more information, please reference the Human Resources
chapter and visit http://www.doe.louisiana.gov/lde/regioni/home.html.

A detailed Guide on the Title II, Part A grant is available from the U.S. Department of Education at:
http://www.ed.gov/programs/teacherqual/guidance.doc.
STATE CONTACTS:
• Program Contacts: Janice Zube, Section Administrator, Office of Educator Support, Division of
Professional Development, LDE (225) 342-3379; janice.zube@la.gov or Latikka Magee-Brumfield,
Federal Program Consultant, Technical Assistance and Administration Section, Division of
Professional Development, Office of Educator Support, LDE (225) 342-3388;
Latikka.magee@la.gov
• Fiscal Contact: Amanda Joyner, Budget Manager, Division of Education Finance, LDE (225) 342-
1871; amanda.joyner@la.gov

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Title II, Part B: Math and Science Partnerships
The purpose of the Math and Science Partnership (MSP) Projects is to improve academic achievement in
mathematics and science through the enhancement of the content knowledge and teaching skills of the
teacher participants. The program supports partnerships between high-need local education agencies
(LEAs) and the engineering, math and/or science departments of an institute of higher education (IHE).
This is a competitive process, and project proposals are submitted on an annual basis. The Division of
Division of Standards, Assessments, and Accountability normally make proposal documents available in
November. Completed proposals are due in January and reviewed and scored in February.

In Louisiana, partnerships applying for a MSP grant must include:


1. A high-need local education agency (LEA),
2. An engineering, mathematics, or science department of a IHE; and
3. A department of teaching and learning of an IHE.
Partnerships may also include:
a. Another engineering, mathematics, science, or teacher training department of an institution of
higher education.
b. Additional local education agencies, public charter schools, public or private elementary schools or
secondary schools, or a consortium of such schools.
c. A business.
d. A non-profit or for-profit organization of demonstrated effectiveness in improving the quality of
mathematics and science teachers.

Grants are awarded for one year and are renewable for up to 3 years, subject to federal appropriations,
compliance with program requirements, demonstration of effectiveness, and timely reporting of findings
and budgets by partnerships. Student achievement data may be used to assess district and school
services offered through the projects.

STATE CONTACTS:
• Program Contact: Jean May-Brett, Math and Science Partnership Program Manager, Office of
Middle and Secondary Standards, Division of Standards, Assessments and Accountability, LDE
(225) 342-8933; jean.may-brett@la.gov
• Fiscal Contact: Amanda Joyner, Budget Manager, Division of Education Finance, LDE (225) 342-
1871; amanda.joyner@la.gov

Title II, Part D: Enhancing Education through Technology (EETT)


These funds, administered by the Division of Leadership and Technology (DLT), provide high-quality
professional development, increased access to technology and the Internet, integration of technology into
curricula, use of technology for promoting parental involvement and managing data for informed decision-
making. 50% of the available Title II, Part D funds are awarded to districts using a formula allocation. The
remaining 50% of the funds are awarded to districts on a competitive basis. For the formula grant, funds
are awarded based on the percentage of current year Title I, Part A funds the recipient received. There is
no set per-pupil amount. If the school is a new charter school opening for the first time, this calculation
(along with Title I, Part A) will be based on the school’s October 1 enrollment count. If a school is not
eligible for Title I funds, it will not be able to receive Title II, Part D funds. The competitive grant process
serves the LEAs that have the highest number or percentage of children in poverty. Recipients are
encouraged to focus at least 25% of funds received under this grant on professional development
activities. All funds are disbursed on a reimbursement basis subsequent to approval of application.

To apply for these funds, an application (separate from the combined application) must be submitted
through the DLT’s Grants Portal: http://dlt.doe.louisiana.gov/Grants/. Applications are usually available

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beginning in May. Please note that the application deadline can change from year to year, but is usually
around June 1. Visit the DLT grants website for updates: http://www.doe.louisiana.gov/lde/lcet/325.html.
You will be required to have a new or updated Technology Plan on file with the DLT at the time of your
application. Please see the “E-Rate” section later in this chapter for details on creating a Technology
Plan. In addition, the following documents must be received by the DLT:
a. Application for Project Funds (Form 2) with authorized signatures in blue ink
b. Assurances (Form 3) with authorized signatures signed in blue ink
c. Fiscal Federal Assurances with authorized signatures signed in blue ink
d. Debarment Form with authorized signatures signed in blue ink
e. Equitable Services Assurance with authorized signatures signed in blue ink
f. Budget Summary (SDEB-1) with authorized signatures signed in blue ink
g. Budget Detail (SDEB-1A)
h. Proof of Internet Filtering/CIPA compliance
Once all of these documents have been received by the DLT, the school’s application is considered
“substantially approvable” until the actual approval is made. Reimbursement of funds is allowed once the
application is approved. Education Department General Administrative Regulations (EDGAR) state that
the date a sub-grantee may begin to obligate funds is upon submission of a “substantially approvable”
application to the LDE. For LEAs, this means that districts may not obligate funds until LDE/DLT is in
receipt of a “substantially approvable” application and any expenditures incurred prior to this date will not
be reimbursed.

The Division of Leadership and Technology provides answers to frequently asked questions regarding the
EETT grant at: http://www.doe.louisiana.gov/lde/lcet/1684.html. Information on both the formula grants
and the competitive grants, including links to the online application and a schedule of deadlines, is
available at: http://www.doe.louisiana.gov/lde/lcet/325.html.
STATE CONTACTS:
• Program Contact: Ken Bradford, Assistant Director, Division of Leadership and Technology, LDE
(225) 763-5575; ken.bradford@la.gov
• Fiscal Contact: Lisa Kling, Budget Analyst, Education Finance and Grant Management, LDE (225)
342-3775; lisa.kling@la.gov

TITLE III: Language Instruction for Limited English Proficient and Immigrant Students
Title III, Part A: English Language Acquisition, Language Enhancement, and Academic
Achievement
These funds support instruction for students identified as having limited English proficiency (LEP). The
language instruction programs offered are to be based on scientifically based research and have
demonstrated efficacy in increasing English proficiency and student achievement. The ultimate purpose
of these funds is to allow LEP students to develop high levels of academic attainment in English and meet
the same challenging state academic content and student achievement standards as all children. While
there is an actual assessment to determine LEP status (see the Special Populations chapter), students
are initially identified for screening based on the results of the Home Language Survey given to the all
pupils and their parents at enrollment. Allocations are computed on a per pupil basis and are determined
by the number of LEP students reported in the SIS as of October 1 for each LEA. To be awarded a Title
III grant, a charter school acting as a LEA must have a minimum LEP child count of somewhere around
40 students, because grants are not awarded in amounts less than $10,000. The number of LEP students
required for qualification is subject to change based on the amount allocated per pupil for each funding
cycle, because the $10,000 minimum grant amount is fixed (although federal allocations have stayed
quite consistent despite increasing numbers of students). If a single charter cannot meet the minimum
LEP student count necessary to reach the $10,000 threshold, it may form a consortium with other charter

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schools in the area to meet the minimum, with one of the charter schools acting as the fiscal agent. Funds
are disbursed on a reimbursement basis subsequent to approval of application.

There is a smaller fund known as the Title III Immigrant Influx. Some LEAs may qualify for this fund if
their immigrant count increases significantly, whether or not they have enough students to meet the
$10,000 threshold for “regular” Title III. This fund is also governed by Title III, Part A (section 3115 (e)).
Currently, a “significant” increase is defined as a 5% increase in immigrant counts over the average of the
prior 2 years’ immigrant counts. The amount of the qualifying increase could change; please check with
LDE for updates.

Please note, although there are technically three parts to the Title III grant program (A, B and C), Title III,
Part A is really the only relevant part of the overall program. As a result, when you find mention of Title III
funds, please be aware that this is referencing Part A of that fund.
STATE CONTACTS:
• Program Contact: Josh Posey, Education Program Consultant, Division of Educational
Improvement and Assistance, LDE (225) 342-0520; josh.posey@la.gov
• Fiscal Contact: Amanda Joyner, Budget Manager, Division of Education Finance, Louisiana
Department of Education (225) 342-1871; amanda.joyner@la.gov

TITLE IV: 21st Century Schools


Title IV, Part A: Safe and Drug-Free Schools and Communities
These funds support drug and violence prevention programming for school-age youth. LEAs may use
Title IV funds for drug and violence prevention programs and activities that involve families and
community groups. Allowable expenditures include:
• Dissemination of drug and violence prevention information to schools and the community;
• Provision of professional development for administrators, faculty, staff, parents, and school security
personnel that interact regularly with students;
• Implementation of conflict resolution, peer mediation, character education and mentoring programs
that support drug and violence prevention;
• Establishment of safe passage zones for students to and from school;
• Development of community service projects; and
• Acquisition and installation of metal detectors and the hiring of security personnel.
LEAs must use Title IV, Part A funds in a manner consistent with the Principles of Effectiveness, which
provide the framework to assist states and local entities in designing, implementing, and evaluating high-
quality programs and achieving measurable results.

This grant is applied for as part of the Combined Application (described above). Schools are required to
develop a school plan that is in compliance with State Guidelines, which are available online at:
http://www.doe.state.la.us/lde/scs/646.html. Allocations are computed with 60% of the funding based on
the relative amount each LEA received under Title I, Part A for the preceding year, and 40% based on the
relative SIS enrollment count on October 1 for each LEA. For existing schools, this count is based on the
prior year; for new schools, it is a current year count. Funds are disbursed on a reimbursement basis
subsequent to approval of application. While new schools in their first year of operation can receive the
40% allocation based on enrollment, they are not eligible for the 60% allocation based on Title I, Part A
until their second year of operation. Please note applying for this grant is often not a worthwhile endeavor
once the administrative time and cost is evaluated; each school should perform its own analysis.
STATE CONTACTS:
• Program Contact: Terri Byrd, Education Program Consultant, Division of School and Community
Support, LDE (225) 219-0369; terri.byrd@la.gov

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• Fiscal Contact: Amanda Joyner, Budget Manager, Division of Education Finance, LDE (225) 342-
1871; amanda.joyner@la.gov

Title IV, Part B: 21st Century Community Learning Centers


These funds are used in order to partner with community groups to turn schools into community learning
centers during the hours that school is not in session by providing before- and after-school programming.
These programs serve students and their families by offering academic and enrichment opportunities that
are aligned with the students’ regular academic program. They can include tutoring and mentoring,
homework help, technology instruction, career development, academic enrichment and community
service opportunities, as well as music, arts, sports and cultural activities. Families of students should
have access to adult education, literacy, and other needs-based, innovative activities at the school site.
Charter schools are encouraged to develop partnerships with non-profit agencies that can provide
enhanced programming. Individual schools may only submit a proposal if they are a designated LEA.
Otherwise, the school must submit an application through a LEA or other eligible entity (such as the
district) and may be funded in only one contract. Funds are awarded in a competitive process. Please
note, applying for this grant is often not a worthwhile endeavor once the administrative time and cost is
evaluated; each school should perform its own analysis.
STATE CONTACTS:
• Program Contact: Kartina Roberts, Section Administrator for School Support Extended Learning
Programs, Division of School and Community Support, LDE (225) 342-4147; kartina.roberts@la.gov
• Fiscal Contact: Rashaunda Seals-Matthews, Budget Manager, Division of Education Finance, LDE
(225) 342-2092, rashaunda.matthews@la.gov

TITLE V: Promoting Informed Parental Choice and Innovative Programs


Title V, Part A: Innovative Programs
Unfortunately, Title V, Part A funds were not reallocated in the 2008-2009 education budget and in all
likelihood will not be reauthorized.

TITLE X
Title X, Part C: McKinney-Vento Act – Homeless Education Program
The purpose of this grant is to provide assistance to homeless individuals and families and to remove
barriers that homeless students might encounter as they attempt to enroll in, attend, and succeed in
school. Funding supports LEAs in developing programs that meet the educational needs of students who
are experiencing homelessness and in ensuring that such students have the opportunity to meet the
same standards as their non-homeless peers. This effort includes addressing problems caused by
transportation issues, immunization and residency requirements, lack of birth certificates and school
records, and guardianship issues. Please note that these activities should be already implemented using
Title I Set-Asides for homeless children. McKinney-Vento grant dollars are used to supplement the
program activities already mandated under Title X.

This is a competitive grant; the state will award grants to LEAs submitting an application on the basis of
need. In determining need, the state may consider the number of homeless children and youth serviced
by the LEA, and must consider the needs of such children and youth and the ability of the agency to meet
such needs. Services provided through McKinney funds may be provided through programs on school
grounds or at other facilities. Where such services are provided through programs to homeless students
on school grounds, schools may provide services to other children and youth who are determined by the
LEA to be similarly at risk of failing or dropping out of school.

This is a 3-year program. Charter schools may apply in 2008 when the program is opened for another 3-
year award cycle. Funds can be used for items such as supplies, uniforms, transportation, nutritional

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assistance, tutoring, and counseling. Applications are due May 12, 2008, and recipients will be
determined eligible for funding by July 2008.
STATE CONTACTS:
• Program Contact: Laverne Dunn, State Coordinator for Homeless Education, Division of
Educational Improvement and Assistance, Ancillary Resources Section, LDE (225) 219-0353;
laverne.dunn@la.gov
• Fiscal Contact: Benita Bacote, Budget Analyst, Division of Education Finance, LDE (225) 342-
3748; benita.bacote@la.gov

The Individuals with Disabilities Education Act (IDEA)


IDEA, Part B: Assistance for Education of All Children with Disabilities
The IDEA is a federal law that mandates that all children with disabilities ages 3 through 21 receive a free
and appropriate public education (FAPE) in accordance with an Individualized Education Program (IEP).
IDEA funds are granted on a formula basis and used to support or supplement (not supplant) other
federal, state, or local funds.

IDEA funds are used to pay for excess costs of educating students with disabilities. The school will
ensure that all students with disabilities that qualify under IDEA:
• Are provided a free and appropriate public education (FAPE)
• Are evaluated in accordance with Bulletin 1508
• Are provided with Individualized Education Programs (IEPs) that meet the requirements of IDEA
and R.S. 17:1941 et seq., and Bulletin 1706
• Receive an appropriate education in the least restrictive environment as defined in IDEA, R.S.
17:1941 et seq., and Bulletin 1706
• Are involved in the development of and decisions regarding the IEP, along with their parents
• Are afforded, along with their parents, the procedural safeguards required by IDEA, R.S. 17:1941 et
seq., and Bulletin 1706
• Are included in general state and district wide assessment programs, with appropriate
accommodations as necessary

Funds may be used to support activities that are needed to support students with disabilities, such as
personnel training. In general, IDEA funds should be used to support strategies that will result in
accomplishing the following two goals and related objectives:
1) Students with disabilities receiving special education services will meet high educational standards.
• Improve the participation and performance of students with disabilities in state assessment
programs.
• Increase the number of students earning high school diplomas.
• Decrease the number of students who drop out of school.
2) Students receiving special education services will be integrated with their non-disabled peers
throughout their educational experience.
• Increase the number of school-age students receiving special education services in general
education buildings and in regular education classes.
• Increase the number of students participating in workforce preparation programs.
• Decrease the special education classification rate.
• Declassify students with disabilities, when appropriate, and return them to supportive general
education programs on a full-time basis.

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For more details regarding special education, please contact NSNO.

A type 2 or 5 charter school is considered the LEA for the purposes of any special education funding or
statutory definitions. However, LA-R.S. 17:1990 (B)(3) provides that the RSD may require any city, parish,
or other local public school board to provide school support or student support services for a school
transferred from its jurisdiction, including special education services. If the RSD requires the parish or
other local public school board to provide such service, the school board must be reimbursed for the
actual costs of providing the services from funds of the charter school.

Please note, unless a charter school has been specifically set up to serve special needs students, its
leaders will generally not know how many new special education students it will be expected to support
going into a school year. While existing charter schools can use prior year numbers to make reasonable
predictions, new schools do not have historical information on which to base these projections. As a
budgeting safeguard, new schools are encouraged to use the overall percentage of special education
students in the district and apply that percentage to their student body in making budget projections for
Year 1 operations.

The following guidelines outline the responsibilities of any school serving special education students:
a. The school will adhere to all provisions of federal law relating to students with disabilities, including
the IDEA, section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with
Disabilities Act of 1990 that are applicable to LEAs. In addition, the school must adhere to all
provisions of state law relating to students with disabilities, including Bulletin 1706, 1508, and 1530.
b. The school will employ at least one properly certified individual as the school’s special education
coordinator. This coordinator’s responsibilities will include assisting in the retention of qualified
and/or licensed personnel to compose the multidisciplinary team that will conduct special education
evaluations, participating on each IEP team, determining if entering students have IEPs, ensuring
that any required reevaluations are performed, and ensuring that all IEPs are appropriate in the
context of the charter school setting.
c. The school will ensure that parents of children with disabilities are informed of how their children are
progressing on annual IEP goals and in the general education curriculum at least as frequently as
parents of regular education children.
d. The school will abide by the applicable provisions of IDEA and the Family Educational Rights
Privacy Act in order to ensure that data regarding students with disabilities is retained and kept
confidential. This includes establishing procedures for maintaining files in a secure and locked
location with limited access. The school special education coordinator will retain such data and
prepare such reports in order to permit the charter school and the Department of Education to
comply with federal law and regulations.
e. The school will comply with its obligations under the Child Find requirements of IDEA.
f. The school will retain qualified and/or licensed personnel to conduct special education assessments
and participate as members of the multidisciplinary evaluation team for students who may be
exceptional.
g. The charter school will convene IEP teams as required by law and regulations.

Funds are available under two sections of IDEA, Part B – Section 611 (Grants to States for the Education
of Children with Disabilities) and Section 619 (Preschool Grants for Children with Disabilities).
STATE CONTACTS:
• Program Contact: Ellen Dunlap-Spears, Section Leader, Program Review, Division of Educational
Improvement and Assistance, LDE (225) 342-1183; ellen.dunlap@la.gov
• Fiscal Contact: Kim Lamonte, Budget Analyst, Division of Education Finance, LDE (225) 342-6311;
kim.lamonte@la.gov

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Best Practices
• There are many assurances associated with receiving federal money. Be sure you understand what
you are agreeing to in the Combined Application.
• While most Title programs are covered in the Combined Application, carefully consider before
requesting non-Title I-A monies. The allocations are relatively small, so you must determine whether
or not you have adequate resources to manage these associated programs.
• You must present your completed Combined Application at a Board meeting in order to have it
entered into the Board minutes.

Federally Assisted Meal Programs


National School Lunch Program, School Breakfast Program, After-School Snack Program
These federally assisted meal programs are designed to provide nutritionally balanced low cost or free
meals to eligible students as measured by income level. There are three components:
1. National School Lunch Program (NSLP)
2. School Breakfast Program (SBP)
3. After-School Snack Program
To participate in any of these meal programs, schools can download an application from the state office
of Child Nutrition Programs (CNP) at: http://cnp.doe.state.la.us/DNAMemos/SFS/Forms/Application for
Participation (SFS-1).doc. The application to participate in the program is accepted anytime. The
application, signed agreement, and other required documentation must be completed and approved prior
to beginning of program operation. Schools receive a reimbursement for each reimbursable meal served
per eligible student. The meals provided have to meet very specific nutritional criteria and be served to
eligible students. Student eligibility is determined by individual income applications (forms are available
online), which provide the student’s name, address, all household members with income, and an adult
signature with social security number. The meal applications for students are usually available on the
website (http://cnp.doe.state.la.us) in late May or early June for the coming school year. A memo will be
sent out as soon as the application is posted. Once a school is approved to participate in the program, it
must distribute free/reduced meal application forms to all students in attendance at the school. These
forms may be hand delivered or sent through the mail. The applications cannot be distributed prior to July
1 of each school year, and are usually distributed at the start of the school year. It is recommended that a
deadline for the return of these forms be established. As new students are enrolled during the school
year, applications should be distributed immediately to those families. Regardless of when student
applications are distributed, the school system must determine eligibility status and notify the household
within 10 operating days of receipt of application.

Claims for reimbursements are submitted by the 10th of each month. One breakfast and lunch per
student per day is reimbursable. One reimbursable after-school snack per day is provided if the school
has prior approval and an online application (Schedule A) on file with CNP. The snack must be served in
conjunction with educational and/or enrichment activities and must be served after the end of the school
day. Reimbursement rates for breakfast, lunch and after-school snacks are determined annually and can
vary according to the eligibility status of each child. Annual reimbursement rates are usually available by
mid-July in a memo posted on the Division of Nutrition Assistance website
(http://www.doe.louisiana.gov/lde/nutrition/home.html), as are various policy memos for administering the
child nutrition program. Because NOPS and RSD are considered Food Service Authorities and are
authorized to run the program, they can provide food service to charter schools. Type 3 and Type 5
charters have recently been given permission to operate as individual Food Service Authorities. This
allows the schools to select their own food service vendor and be responsible for all areas of compliance
with the federal program. Schools should note that there is a considerable amount of paperwork
involved in administering the National School Lunch, School Breakfast, and After-School Snack

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Chapter 3: Budgeting and Finance
Programs and should factor this in when deciding to become a Food Service Authority or not. Any
interested group should contact the Division of Nutrition Assistance to inquire about the next available
program operation and website training. Any prospective sponsors must attend these trainings prior to
receiving an agreement. Program information, forms, and memos are available from the CNP Resource
Library at: http://cnp.doe.state.la.us/DNAMemos/SelectProgram.asp.

Support is available from Judy Stracener, Education Program Consultant at the Division of Nutrition
Assistance within the LDE Office of School and Community Support: (225) 342-3720 or
judy.stracener@la.gov.

4. OTHER FEDERAL FUNDS


There are a variety of discretionary grant programs made available from the federal government. Charter
schools can apply for these grants individually, as part of the school district or as part of a collaborative
with other charter and/or public schools or private nonprofits working with the same students. Information
on available grants can be found at: http://www.ed.gov/fund/grant/apply/grantapps/index.html.

Technology Grants
These funds can be used both for student instruction and teacher professional development activities that
utilize technology. Charters will need to be included with a district-level application, which is sent directly
to the state. Charter school proposals are due to the LEA at the end of July, with the applications from the
district due to the state August 31. If a charter school qualifies as its own LEA, the process may be
somewhat different; please contact Ken Bradford (details below). Notice of availability of funds is sent to
schools in the spring. Before the start of school, LEAs receive their funds and make allocations.
• Program Contact: Ken Bradford, Assistant Director, Division of Leadership and Technology, LDE
(225) 763-5575; ken.bradford@la.gov

Vocational Education / Perkins Career and Technical Education


Available only to secondary (9-12) schools, this grant promotes reform, innovation, and continuous
improvement in career and technical education. The program goal is one of ensuring that students
acquire the skills and knowledge they need to meet challenging State academic standards and industry-
recognized skill standards, and to prepare for postsecondary education, further learning, and a wide
range of opportunities in high skill, high wage careers. The funds can be expended primarily on
educational resources, equipment, and professional development. The funds may not be expended to
pay for teacher salaries, transportation costs, tuition, etc. The allocations are formula-based, with 30%
provided based on youth population within the LEA and 70% on the low-income youth within the LEA.
Each year, approximately $100,000 is set aside to go to charter schools across Louisiana. The state
administers the funds and grants awards to school districts and not to individual schools. Applications are
usually due in early June. Application packets are normally ready in late April or early May, contact the
Division of Family, Career and Technical Education for more information. At present, the application
instructions are available at: http://www.louisianaschools.net/lde/uploads/7275.doc.
STATE CONTACTS:
• Program Contact: Patricia Merrick, Division of Family, Career and Technical Education, Career
and Technical Education, (225) 342-3488; patricia.merrick@la.gov
• Fiscal Contact: Becky Brown, Budget Analyst, Division of Education Finance, LDE (225) 342-1779,
becky.brown@la.gov

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5. NON-CASH REVENUE SOURCES

E-Rate
The Schools and Libraries Program of the Universal Service Fund, commonly known as “E-Rate,” is
administered by the Universal Service Administrative Company (USAC) under the direction of the Federal
Communications Commission (FCC), and provides discounts to assist most schools and libraries in the
United States to obtain affordable telecommunications and Internet access. Discounts range from 20% to
90% of the costs of eligible services, depending on student poverty levels and the urban/rural status of
the population served. Eligible schools may apply individually or as part of a consortium.

E-Rate supports connectivity only. Schools are responsible for providing additional resources such as the
end-user equipment (computers, telephones, etc.), software, professional development, and the other
elements that are necessary to realize the objectives of that connectivity.

Services that are eligible for E-Rate subsidies include but are not limited to:
Telecommunications
• Local and long-distance telephone service
• Data lines or Wide Area Network charges if you have more than one school location
• Service for staff cell phones and pagers
Internet Access
• Installation and monthly fees
• Staff and student email programs
Internal Connections
• Local Area Network, including routers and switches
• Telephone Switching Systems
• Web and Email servers

For additional information regarding E-Rate discounts, you can contact the Universal Service
Administrative Company at (888) 203-8100 or email questions to: question@universalservice.org.
Additional resources are available on the USAC website: http://www.universalservice.org/sl/. You can
also direct questions to Ken Bradford at the LDE Division of Leadership and Technology, who serves as
the Louisiana state coordinator for E-Rate. Ken can be reached at (225) 763-5575 or
ken.bradford@la.gov.

Schools must have an approved Technology Plan before E-Rate services can start (generally by July 1).
The LDE Division of Leadership and Technology approve plans and the approval is good for up to three
years. Please note that this same Technology Plan may also be submitted for Title II, Part D funding
requests. You will need a Technology Plan regardless of your decision to participate in the E-Rate
program and the plan must contain the following five components:
1. Clear goals and a realistic strategy for using telecommunications and information technology.
2. A professional development strategy to ensure that staff knows how to use these new technologies.
3. An assessment of the telecommunication services, hardware, software, and other services needed.
4. A sufficient budget to acquire and support the non-discounted elements of the plan, e.g., the
hardware, software, professional development, and other services that will be needed to implement
the plan.
5. An evaluation process that enables the school or library to monitor progress toward the specified
goals.

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More information about Technology Plans can be found online at the following site: http://www.e-
ratecentral.com/serviceProvider/invitation.asp. To submit a Technology Plan for approval or to check on
the status of a submitted Technology Plan, please contact Ken Bradford, Assistant Director, Division of
Leadership and Technology, LDE (225) 763-5575; ken.bradford@la.gov.

Best Practice
E-Rate may be a useful tool for charter schools to acquire equipment and services. It should be noted,
however, that successful utilization of the program requires that schools know their needs exactly; this
is impossible in the first year (and sometimes even second year) of operation due to natural fluctuations
in staffing and enrollment. It is the strong recommendation of NSNO that charter schools not
involve themselves in the E-Rate program until the second or third year of operation.

6. OTHER POTENTIAL REVENUE SOURCES


As a rule, competitive grants should not be thought of as a means of supporting operating costs such as
salaries or standard services that a school provides. Instead, competitive grants will support specific
programs that will further improve your school and may ultimately be phased into the general operating
budget. A range of other competitive grant opportunities exists, primarily in the area of program
development. While charter schools must be careful not to let the availability of grant monies lead their
program planning, effective charter school leaders can work within their schools’ missions to leverage
grant funding in order to strengthen their schools’ overall impact and free up resources for activities that
might otherwise be neglected.

Unlike applying for entitlement grants – a process that mainly involves attention to deadlines and properly
filling out forms – securing competitive grant funds takes considerably more planning, effort and creativity.
Charter schools must go through three distinct phases before submitting an application for a competitive
grant:
1. Identify funding opportunities
2. Determine grant “fit” / organizational readiness
3. Prepare grant application
The most comprehensive source for identifying federal funding opportunities is the online Federal
Register, http://www.gpoaccess.gov/fr/index.html, which is published daily and covers all available grant
resources from all US federal agencies, including but not limited to the U.S. Department of Education.
Access is free of charge. Charter schools may also search the Federal Register and access pertinent
announcements and notices via the U.S. Department of Education’s grant summary page at:
http://www.ed.gov/news/fedregister/announce/index.html. In addition, to get advance notice of when U.S.
Department of Education (ED) grants are expected to be announced, check ED's Grants Forecast
website at www.ed.gov/fund/grant/find/edlite-forecast.html. This site lists all of the expected discretionary
grant programs (and their anticipated deadlines) for the current fiscal year, which runs from October 1
through September 30.

Other sources of information about competitive federal grants include the following:
• Accessing Federal Programs is a guidebook that provides basic information about the federal
programs and resources available to charter schools. This online document contains descriptions of
federal programs, charter school initiatives, and contact information for technical assistance
providers and state charter school representatives:
http://www.uscharterschools.org/pdf/gb/acc_fed00.pdf
• The National Charter School Clearinghouse offers a summary of federal grant opportunities of
interest to charter schools, with direct links to pertinent Federal Register entries:

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http://www.nationalcharterschoolclearinghouse.net/mod.php?mod=userpage&menu=811&page_id=
132
• SchoolGrants publishes a bi-monthly newsletter ($45/year per subscriber) that provides up-to-date,
researched information about new grant opportunities, available grant resources (the majority of
which are free), grant-writing hints, and upcoming deadlines: http://www.schoolgrants.org/

Best Practices
Increasingly, federal agencies (as well as state, local, and many private funders) are calling for
collaboration among community-based organizations and businesses within a community, or with larger
institutions like a university, city agency, hospital, board of education, or national or regional nonprofit.
Ignoring this requirement can be fatal to a proposal.
It is essential that you be able to demonstrate a solid track record in running programs in areas related
to those for which you are applying. This track record is enhanced if you can show that you have
successfully managed and appropriately reported on other government-funded programs, including
those at state and local levels.
Have a staff that is prepared to undertake the development reporting and audits required for most
federal grants. Take proactive steps to stay abreast of new opportunities that arise. While many
newsletters are available to alert you to the availability of new funds, nothing can replace consistent
vigilance.

EXPENDITURES
Charter schools have three primary expense categories as defined by the IRS, Program/Instructional,
Administrative and Fundraising. Due to the categorical nature of many charter school funds, it is important
to understand which expenses belong in which “bucket” so that items are not improperly budgeted
against restricted funds.

Your business leader should determine how much money is going into your instructional programs versus
your administrative and fundraising functions, note how these allocations were made and work with
auditors regarding whether the methods can be deemed appropriate. It is important that the business
leader be a part of this process, as he or she has the best understanding of what expenditures fall under
which categories. Part of the purpose of your annual financial audit is to assure your board, government
entities, charter authorizer and private funders that you are allocating the bulk of your revenues (75-80%)
toward programmatic expenses. Your expense breakdown is also reported on your annual tax return
(Form 990). How and when you will be required to submit various financial reports is covered in the
Reporting Requirements chapter of this guide.

1. Program / Instructional Expenses


This category includes any expenses related to the instruction and well being of students (both regular
population and special education):

STAFF MATERIALS STUDENT SERVICES

• Teachers • Textbooks • Health Services


• Paraprofessionals • Library Books • Food Services
• Other classroom staff • Instructional Supplies • Facilities Services
• Librarians • Instructional Equipment • Transportation Services
• Professional Development • Testing Materials • Athletic Services
• Contracted Instructional • Music / Arts Programs
Services • Community Services

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Staff costs (i.e., salaries and benefits) will usually comprise about 80% of your total expenses. Pre-opening
student registration may be lower than expected – but be prepared! Especially in the early days of operation,
most staff members are likely to be performing both instructional and administrative/fundraising functions.
In terms of the budgeting process, you should realistically approximate how each staff member’s time will
be allocated.

2. Administrative Expenses
These expenses include any activities that are related to the overall management and direction of the
school but are not identifiable to any specific program or fundraising activity. Examples include board-
related expenses and business management expenses, such as accounting/recordkeeping, payroll and
legal. These expenses also include both devoted and partially allocated staff as well as contracting
expenses with external management companies.

3. Fundraising Expenses
This expense category covers all activities related to bringing in revenues for the school, including
state/federal grants used to:
• Publicize and conduct fundraising campaigns
• Conduct special fundraising events
• Conduct other activities involved in the solicitation of contributions from individuals, foundations,
government agencies, etc.

PUTTING YOUR BUDGET TOGETHER


Your budget should serve as your spending plan and revenue forecast. Many charters fail because of
their lack of adequate financial planning. The instructional leader must have a business leader or qualified
consultant working with him/her to develop and monitor the school’s operational budget. Keep in mind
that even when you have a balanced budget (i.e., you do not expend more than you bring in),
expenditures will most likely occur before you have all your revenue, so you must anticipate and plan for
cash flow issues to ensure you can pay your employees and service providers.

Equal attention must be given to the instructional and business infrastructure of your school in developing
and monitoring your annual budget. Your budget is a planning document that requires clear review and
candid assessment of your enrollment projections, compensation packages and educational programs.

The goal is to create a budget that is fully reflective of the school’s annual plan. This means you must: 1)
base staffing on anticipated number of students and adjust accordingly on a regular basis, 2) use actual
salaries offered to employees to calculate spending on personnel, and 3) use actual contracts negotiated
and vendor pricing to calculate non-payroll expenditures.

The spending plan should be consistent with all sources of funding available to your school. In the early
years of a school’s operation, there is a fine line between planning conservatively to avoid overspending
and planning for unanticipated expenses. Regardless of how long your school has been in operation,
always leave a contingency somewhere in the spending plan to account for unknown factors throughout
the year, and always create reserves for times of uncertain funding.

As a rule of thumb, between 3% and 5% of your total budget should be held in reserve to respond
to unforeseen expenditures.

Although charter schools may be eligible for one-time grants and donations, do not build your core
operating cost structure based on non-recurring, one-time revenues. In allocating your revenue sources
to expenditures, match non-recurring revenues to non-recurring cost events as much as possible (i.e.
classroom furniture, textbook adoptions, computer equipment). The rule of thumb is not to staff with non-

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recurring revenues because the school will be forced to reduce those positions in future years once the
revenues cease. The budget is a living, breathing spending plan and it should be monitored on a monthly
basis. You should track the expenditure cycles of your school so you can monitor cash flow issues
closely.

Key Assumptions in Developing your Budget


a. Number of Students: Your school’s enrollment numbers drive not only your revenue but also your
expenditures. On the revenue side, the MFP and many of the entitlement funding and grant programs
are based on the number of students enrolled. For many funding streams, allocations are based on
the specific demographic features of your students (such as free/reduced lunch, special education
diagnosed, language proficiency, etc.) Therefore, the integrity and accuracy of your student
enrollment data is critical. From an expenditure side, enrollment influences the number of staff that
needs to be hired to maintain your planned teacher to student ratio. It also impacts material and
equipment purchases, food and transportation costs. There are additional expenses to serve students
with exceptionalities that should be factored in when planning your budget. Additionally, the
percentage of your students qualifying for free and reduced lunch will have an impact on your
expenditure plan. Therefore, when creating your budget, it is important to identify not only the total
number of students you plan to serve, but also the number of specific types of students in your
school. Develop your budget based on initial estimates of enrollment and then be sure to revise your
spending plan based on actual enrollments no later than end of the first quarter.
b. Staffing Requirements and Compensation by Position: The salaries line item will be the largest
component of your budget (about 80%). To get a handle on your largest budget driver, the first step
is to create a compensation plan. In determining salary and benefit packages, conduct your own
market survey. You will be competing for teachers and staff with all other New Orleans public schools
and neighboring parishes. Keep in mind that you may need to hire substitute teachers and other staff
when making your marketing comparisons. While you may not be able to match the compensation
packages offered by other schools or school systems, give thought to performance incentives and
bonuses. The RSD compensation schedule is available online at:
http://www.louisianaschools.net/lde/uploads/9373.doc.
c. Employee Benefit Offerings: There are a number of issues that need to be decided by the board
and the school leaders when creating an employee benefit package. For budgeting purposes, there
are mandatory and discretionary components of an employee benefit package. The cost for benefits
varies from school to school, as it depends on which benefits you choose to include and at what level.
The discretionary components of a benefit package are retirement and medical benefits, as well as
other insurances such as dental and vision. These discretionary benefits are detailed in the Human
Resources chapter. The mandatory components of a benefit package that will be deducted from
employee paychecks are as follows:
• FICA (7.65% only if not contributing to TRSL), where 6.2% of salary is deducted for Social
Security and 1.45% is deducted for Medicare.
• Unemployment Contributions = 0.5% of salary
• Disability = 0.5% of salary

Workers’ Compensation is approximately 1.2% of salary, but not deducted from employee paychecks.
Coverage is based on actual salaries, less wages paid towards for overtime. Be sure to discuss this with
your insurance broker, who will quote a price for coverage based on estimated wages. A workers’
compensation audit will need to be performed at the end of the coverage year to reconcile the difference
between estimated wages and actual wages less overtime wages. In some cases, payroll companies can
offer coverage for workers’ compensation and charge your school for it each pay period, based on actual
salaries less overtime. The benefit is the workers’ compensation audit is not necessary since your school
was charged based on actual wages less overtime wages. However, payroll companies often hesitate to
offer this coverage to new schools without any prior history of claims. NSNO recommends you ask your

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payroll company whether this coverage may be offered. If not, revisit this possibility after operating for 2-
3 years and you have a history of claims.

CONTRACTED SERVICES
You have to weigh the financial and managerial benefits of contracting out a variety of services versus
hiring designated staff to perform certain duties. Elements of the school’s operations that can be
contracted out include but are not limited to: transportation, food service payroll, IT, and health services.
The RSD has entered into a number of umbrella agreements for services that Type 5 schools have the
option to subcontract.

Food Service
RSD will provide an option to purchase food services under a shared services agreement for a variety of
food options, and will charge between 2 and 4% of the total contract in management fees. The RSD has
chosen Sodexho as its food service provider for the 2008-09 academic year. If you intend to contract
food service, the state’s Child Nutrition Division requires the charter school to become its own School
Food Authority and solicit vendor bids through a Request for Proposal (RFP) process. Vendors will be
required to bid and invoice on a per-meal basis, exclusive of equipment costs. Meal participation rates will
drive program profitability; track them on a monthly basis. If serving food in-house, the school will incur
salary and benefit costs instead of contract costs. NSNO has a list of food service providers and can
provide support through the bid process. When you establish the price you charge students for lunch,
remember you are only able to charge the cost of the actual meal minus the amount reimbursed from the
School Lunch program.

Custodial and Maintenance


Janitorial services, labor and grounds labor are typically calculated based on square footage and
acreage, respectively. While charters that lease RSD facilities are not responsible for capital
improvements, from a budgeting perspective, you will need to add on costs for maintenance, parts and
larger repair initiatives as part of your budget development process. Type 5 schools can participate in a
shared service contract with Sodexho School Services. FY 2007-2008 pricing was quoted at $3.22 per
square foot per year and $70 per acre per week; these figures are subject to change each year.

Transportation
The RSD requires each charter to provide student transportation services. The current 5-year agreement
between the Orleans Parish School Board and Laidlaw Transportation Services has the following price
schedule:
• $279.95 per bus route per day
• Extracurricular trips - $75/hour per 3 hour trip; $25 for each additional hour over 3 hours
One way to save on transportation costs is to stagger bell times with another school to share full-load bus
routes. Your school should create a transportation policy that delineates the responsibilities of parents,
students and the school for school-provided transportation services. Again, although these figures applied
for the 2007-2008 school year; they are subject to change annually.

Alarm System
Type 5 schools can receive alarm system monitoring through Sonitrol of New Orleans.

Lastly, you will need to factor in the cost of utilities, computer hardware and software, insurance,
textbooks, instructional supplies and classroom furnishings. Familiarity with the different budget line items
in the LAUGH Manual can help you anticipate all of your potential expenses. The manual is available
online at: http://www.louisianaschools.net/lde/uploads/2586.pdf.

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LINKS TO USEFUL RESOURCES AND WEBSITES

• The Alliance for Non-Profit Management has a very informative Financial Management FAQ
covering many topics relevant to charter school start-up:
http://www.allianceonline.org/FAQ/financial_management.
• The National Council of Non-Profit Associations provides a variety of resources applicable to early-
stage organizations: http://www.ncna.org/.

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Chapter 3: Budgeting and Finance
4
Human Resources

The heart of your school is your staff. They set the tone within your building every day, serve as
ambassadors to parents and the community, and act as catalysts for student growth. Obviously, your staff
is by far your most important asset. While pay levels will have a significant influence in attracting high-
quality staff to your school, this is by no means the only consideration. When establishing personnel
policies, give serious consideration to the type of environment you want to create for your school. If your
staff is treated in a collegial and respectful manner, their ideas are encouraged, and a sense of shared
ownership for the success of the school is created, this philosophy will filter down to the students.
Incentives such as professional development and flexible schedules go a long way in creating a happy
and productive workforce, which in the end, is the purpose of any human resources activity.

The topic of human resources is rather vast, since it covers essentially everything that has to do with the
employees in your school – recruiting, interviewing, screening and hiring, and also includes elements
such as orientation, compensation, benefits, performance management, and professional development.
While most charter schools have significantly more autonomy in their employment practices than
traditional public schools, school leaders must abide by various employment and education law practices.
The following section outlines the mandatory practices and procedures that are applicable to charter
schools. Also provided are recommendations for making the most of your most valuable resource – your
staff.

Much of the information contained in the following section has been gleaned from a guidebook published
in 2000 by the Charter Friends National Network entitled, Personnel Policies and Practices:
Understanding Employment Law. The full document can be found online at:
http://www.uscharterschools.org/pdf/gb/personnel.pdf. Keep in mind this information is just for general
guidance. If you have specific questions, you are encouraged to contact a labor attorney.

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Chapter 4: Human Resources
1. DETERMINE YOUR STAFFING NEEDS
There are two elements in determining your staffing needs: figuring out the types of skills you will need
and how many employees will be required. The types of skills are dependent upon your mission; the
volume of staff is dependent on enrollment. Once you have determined the kind of staff you need, you
should develop detailed job descriptions for each position in your school. Typically, these job descriptions
are used when advertising open positions, determining compensation, and are a key tool in conducting
performance reviews. In the initial years of operation, it will often be necessary for staff to perform multiple
functions. Look to match responsibilities based on skill sets and schedules.

2. DETERMINE PARTICIPATION IN COLLECTIVE BARGAINING AGREEMENT


After Type 5 charters have received their charter school operating agreement, they must submit Exhibit L,
the Collective Bargaining Option Form as part of their contract with RSD.

3. DEVELOP JOB DESCRIPTIONS


Job descriptions are lists of the general tasks, functions and responsibilities of a position. A well-written
job description should include the following:
a. Job Title: You are advised to create classifications of job functions, (i.e., teachers, clerical, support)
rather than titles for each position.
b. Job Objective or Overall Purpose Statement: This statement is generally a summary designed to
orient the reader to the general nature, level, purpose and objective of the job. The summary should
describe the broad function and scope of the position and be no longer than three to four
sentences.
c. List of responsibilities, duties and/or tasks to be performed: This list should contain the
principal duties, continuing responsibilities and accountability of the position. The list should contain
each and every essential job duty or responsibility that is critical to the successful performance of
the job. The list should begin with the most important functional and relational responsibilities first
and continue down in order of significance.
d. List all the knowledge, skills, and abilities necessary to perform the job: Divide them into
requirements and preferences.
e. Description of relationships and roles: Include any supervisory positions, to whom the position
reports, and/or other relevant working relationships both within your school and with the external
school community.
f. Salary range for the position

The requirements listed in the job description must support the essential functions of the job and should
serve as the primary criteria for selecting/rejecting candidates. Keep in mind that under the Americans
with Disabilities Act, you cannot refuse to hire a qualified candidate who meets the requirements and
whose disability can be reasonably accommodated.

A well-written job description can be used in evaluating the performance of an employee. The more you
can quantify the outcomes you expect with the position, the easier it will be to measure the employee’s
progress toward the stated goals of the position. Talk to other school leaders and share your job
descriptions. While the titles and designation of responsibilities for various tasks are often different from
school to school, many of the tasks are the same and your job descriptions will be more thorough and
accurate if you familiarize yourself with different examples.

4. ESTABLISH COMPENSATION STRUCTURE


When determining how you will compensate your employees, it is beneficial to first establish salary bands
based on the job classification for each employee, and the reasons for variation. Top executive officers

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are a common exception. A failure to define salaries can lead to variations that expose your school to
legal liability.

Salaries
For comparison, you can view the Louisiana Department of Education certified teacher salary schedule
at: http://www.doe.state.la.us/lde/finance/2634.aspx. You can also access the RSD salary schedules at:
http://www.nolapublicschools.net/jobs.aspx.
• Hourly vs. Salaried Employees: Issues often arise with respect to an employer’s obligation to pay
minimum wage and overtime to certain employees. Employees that are entitled to minimum wage
and overtime are called non-exempt. If you have questions about which employees are entitled to
minimum wage and overtime, please review the Department of State Civil Service website at:
http://www.civilservice.la.gov/index.asp and the LDE Human Resources website at:
http://www.doe.state.la.us/lde/hr/2309.html.
• Merit Pay and Bonuses: The concept of merit pay has gained acceptance within general public
education as a means by which an employer may reward high-performing staff. Given the attention
paid among charters to issues of accountability, merit pay programs frequently strike a favorable
note among charter organizers – if the school and the students are to be judged on “merit” criteria,
why not employees? If you choose to use merit pay, make sure that there is an objective standard
with quantifiable measures that is used to fairly evaluate every employee (both full- and part-time).
A standard evaluation form should be developed, and the measures you select should have
applicability for every position. These standards and measures should be communicated to the staff
from the time of hire, and evaluation forms should be made available to them at the beginning of the
term in which they will be evaluated.
Please note, salary supplements of $5,000 are available from the state for National Board Certified
teachers, counselors, psychologists and social workers if the charter school that employs them is
considered a LEA. For more details and program contact information, please see the Budgeting and
Finance chapter.

5. DETERMINE BENEFITS PACKAGE


Your employee benefits package can be a useful tool in recruiting and retaining your staff. School
leadership should work in conjunction with the board of trustees to develop an appealing benefits
package. There are both statutory (mandatory) benefits that all employers must offer and pay for as well
as discretionary benefits that can be paid for by the school or the individual employee. Mandatory
benefits, addressed in the Budgeting and Finance chapter, include FICA (Social Security and Medicare),
unemployment contributions, and workers’ compensation. Discretionary benefits, detailed below, include
retirement benefits, medical benefits, dental and vision coverage, and other types of insurance.

Retirement Benefits
Your charter application (Types 1, 2 and 3) must state whether the school plans to have its teachers,
administration, and support staff participate in the Teachers’ Retirement System of Louisiana (TRSL). It is
mandatory for Type 1, 2 and 3 charters to participate in TRSL unless they specifically opt out in
their charter application. TRSL does not cover janitors, bus drivers, part-time or seasonal employees. If
there are employees who were placed on leave from a school system and were members of the TRSL,
they are still considered participants of the TRSL system (Types 1 and 3 have a three-year time limit to
remain on leave, Type 5 employees can stay on leave indefinitely).

If a school has opted out of TRSL participation and has an employee on leave from another school that
was a member of TRSL and the timeframe has expired (i.e., more than three years from the date they
were hired at the charter school), they have to leave TRSL. While retirees from the system have to be off
the TRSL role for 12 months and one day before they can re-enroll, the school still must pay in a share of
their compensation for retirement purposes (their amount is sheltered during this 12 months plus one-day
period). Overtime, stipends and extra pay are all calculated in retirement benefits so it is important to

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keep accurate files of each employee’s salary and payments. Louisiana Law states that schools only
have to report the salary the employee would have earned in a comparable position for retirement
calculation purposes. Use NOPS or the RSD salary scales as comparables.

TRSL is figured at 15.9% of salary. A 403(b) Retirement Plan is significantly less expensive than TRSL
but may affect your charter’s capacity to attract quality personnel with experience in the Louisiana
educational system. To contact TRSL directly, go to www.trsl.org, or contact Dana Vicknair, Assistant
Director of Operations, (225) 925-3910 or dana.vicknair@trsl.org. The agency provides a booklet
containing all the rules regulations and forms pertaining to TRSL that is a highly recommended resource.
Questions regarding Social Security and employees who must be covered and optional Medicaid
coverage should be directed to Linda Yelverton, Louisiana Social Security Program Director, at (225)
342-0026 or linda.yelverton@la.gov.

If your school has opted out of participating in TRSL you can offer a non-profit organization retirement
plan, known as a 403(b). A 403(b) is a tax-deferred retirement plan available to employees of educational
institutions and certain non-profit organizations as determined by section 501(c)(3) of the Internal
Revenue Code. Contributions and investment earnings in a 403(b) grow tax-deferred until withdrawal
(assumed to be retirement), at which time they are taxed as ordinary income. See IRS Publication 571 for
IRS details on the 403(b). You can also obtain this document by calling the IRS hotline at (800) 829-3676
or visiting their website at www.irs.gov.

These plans are generally “defined contribution” plans. In a defined contribution plan, the employee
controls the retirement investment choices. The value of the benefit is not predetermined by a formula
and instead generally depends on the success of the investments, the amount of the contributions made
to the plan while the employee is working, age at retirement, and the benefit option selected. While it
does not cost the employer anything to establish a 403(b) plan, you will need to budget for the school’s
matching of the employees’ contributions up to a certain percentage of their annual salary, generally 4%.

Note, while many charter schools have established 403(b) matching plans, several schools have reported
that their younger staff members do not take advantage of these plans. Your 403(b) broker should be
able to provide materials and workshops to educate your employees on these important retirement plans.

Medical Benefits
There is a range of coverage and options and percentage of employer contribution to consider. The first
step is to gather rates from health care providers. There are a number of brokerage firms that can assist
in supplying provider information and options. See the NSNO Vendor Resources list for recommended
insurance brokerage firms.

The following information is provided as a general description of health insurance plans. NSNO
recommends consulting a qualified health insurance broker before purchasing a health plan for your
employees.

Health insurance plans are usually described as either indemnity (sometimes called fee-for-service) or
managed care. Indemnity and managed care plans differ in their basic approach – the major differences
concern choice of providers, out-of-pocket costs for covered services, and how bills are paid. In general,
there is less paperwork and lower out-of-pocket costs with a managed care plan, but a broader choice of
health care providers with an indemnity plan. With an indemnity plan, employees can use any medical
provider (such as a doctor and hospital). The bill is sent to the insurance company, which pays part of it.
Usually, there is an annual deductible to pay before the insurer starts paying.

There are basically three types of managed care plans: PPOs, HMOs, and POS plans. Managed care
plans have agreements with certain doctors, hospitals, and health care providers to give a range of
services to plan members at reduced costs:

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• Preferred Provider Organization (PPO): A PPO is the form of managed care closest to an
indemnity plan. A PPO has arrangements with doctors, hospitals, and other providers of care who
have agreed to accept lower fees from the insurer for their services. As a result, cost sharing should
be lower than if you go outside the network. In addition to the PPO doctors making referrals, plan
members can refer themselves to other doctors, including ones outside the plan.
• Health Maintenance Organization (HMO): The HMO is the oldest form of managed care plan.
HMOs offer members a range of health benefits, including preventive care, for a set monthly fee.
There are many kinds of HMOs. If doctors are employees of the health plan and you visit them at
central medical offices or clinics, it is a staff or group model HMO. Other HMOs contract with
physician groups or individual doctors who have private offices. These are called individual practice
associations (IPAs) or networks.
• Point-of-Service (POS) Plan: Many HMOs offer an indemnity-type option known as a POS plan.
The primary care doctors in other types of plans usually make referrals to other providers in the
plan. But in a POS plan, members can refer themselves outside the plan and still get some
coverage.

The rate a health care provider will charge is largely dependent on the type of coverage offered, the
number of employees covered and the health status of the employee pool. As the school leader, in
concert with your board and business leader, you must first determine which level of benefits you need,
what is affordable, and which carrier offers the best benefits for the lowest cost. Talk to other schools and
learn about their coverage plan to help you get started. As there are only four health insurance carriers
available in the Greater New Orleans area, you would be well advised to get prices from all four carriers.
You are encouraged to get an underwriting rate early in the process to help in the budget calculations.
As a rule, you will be expected to cover between 70 and 80% of the monthly costs for insurance,
which will average anywhere from $264 to $350 per single employee. Make sure your office staff is
adequately trained to administer the plan once one is selected.

Dental Insurance
Dental insurance is an important part of any high-quality benefits package. The plans are relatively low in
cost and offer a great benefit to your employees. Please ask your insurance agent for a list of dental
insurance packages.

Vision Insurance
Vision insurance is another low-cost benefit that allows for your employees to receive a yearly eye exam
as well as help with financial costs incurred when purchasing glasses or contacts. Be sure to check with
your medical insurance provider before signing up for any vision insurance plans, because eye exams
are sometimes covered by medical insurance.

Supplemental Insurances
There are a number of other supplemental insurance plans that you can offer your employees at relatively
low costs. These plans are helpful in attracting the best candidates for the positions in your school, and
also offer current staff members more choices. These insurance plans usually are fully paid for by the
employee, with only the start up and maintenance costs covered by the school. Some examples of these
types of plans are flexible spending medical accounts, supplemental accidental insurance, supplemental
life insurance, and cancer plans. AFLAC and UNUM can serve as a good resource for an initial
consultation about these options.

6. DEVELOP A PERSONNEL POLICY MANUAL


A personnel policy manual is a formal document adopted by your board of trustees that provides your
employees with a clear understanding of their rights and benefits, as well as the rules and regulations set
forth by your school. The policies included in your manual are a reflection of the philosophy and mission
of the organization, which sets rules of conduct, service standards, employment categories, general

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expectations, supervision of the work force, employee benefits and other such issues that are related to
the employment of individuals.

Once a personnel policy manual has been adopted by the board of trustees, employers must make sure
that they follow all procedures listed and treat all employees with consistency, whether in regard to
disciplinary actions, promotions, benefits or other aspects of the manual. Sample charter school
personnel manuals are available from the New York City Center for Charter School Excellence
(http://www.nycchartercenter.org). While you may use other schools’ personnel policy manuals as models
for your own, you also may want to invest in having a manual prepared professionally for your school by
an organization such as Charter School Business Management (www.csbminc.com).

Revising your Personnel Manual Annually


Typically, organizations are advised to edit their personnel policy manuals annually or biennially. The
purpose of this is to accurately reflect any new legislation and to stay current with shifting organizational
policy. A prime example of the need for this type of revision is the Americans with Disabilities Act of 1990,
which required employers to revise hiring and accommodation procedures for their work force. An annual
edit ensures that the personnel policy manual remains flexible enough to adjust to changing legislative
and organizational standards.

7. HIRE STAFF
Recruiting Candidates
The recruitment of qualified candidates, especially of teachers, is one that will undoubtedly demand
significant attention from charter leaders. Job fairs, web postings, and classified advertisements are all
effective means of recruitment. Do not ignore your current staff, parents and agency partners as
resources for recruitment. Be as specific as possible when advertising your vacancies – existing job
descriptions are a great place to start when writing your recruitment ads. If you only need special
education teachers, make sure your ad is clear on that point. Listing the timeframes for hiring will also
lead to greater success in recruiting.

When you are engaged in your initial teacher recruitment process it is advisable that you recruit for
substitute teachers as well. This will enable you to build a cadre of teachers who are familiar with your
school and your students. Another option, though less preferable, is to reach out to your school’s teaching
assistants if you are in urgent need of a substitute.

Screening Candidates
All of your prospective employees should fill out an employment application in addition to submitting a
resume. An application solicits information that will help you make decisions on whether to hire the
person. A good employment application asks for prior work experience, special skills, educational
background, and also gives consent to the organization to check references. You can find several
examples of employment applications by performing a simple internet search for “free employment
applications.”

You should request that all candidates attach a resume to the application so you can keep both in your
employee files. In addition, you may wish to request a cover letter with each application and resume. A
cover letter can help determine a candidate’s ability to verbalize his or her desires and be helpful in the
screening process.

It is common courtesy to send the applicant a letter letting them know you have received their materials.
This letter could inform them if their application is being considered, or outline the process and timeframe
of the hiring process.

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Best Practice
During the screening process, whether in print or in person, do not ask about: age, race, sex, religion,
height, disabilities, weight, color of eyes or hair, skin complexion, political affiliation, national origin,
place of birth, length of residence, home ownership, arrest records or minor convictions (traffic or
misdemeanor), military discharge or reserve status, relatives employed by the school, his or her
spouse, children or family plans, how the applicant found out about the job, credit problems, or personal
bankruptcy.

Interviewing
The interview process is your opportunity to evaluate candidates in two dimensions: skills and fit. It is
important for you to determine whether a candidate possesses the necessary skills to be a productive
member of your staff, but also whether he or she will fit into your school and its unique culture and
environment. Make sure your interview panel includes an individual who is currently carrying out the
same or similar tasks as the person being considered for the position. The following is a list of activities to
guide the interview process.
a. Develop a protocol for conducting interviews and a process for checking references. Ensure
that interviewers are aware of the recruitment and selection process and your school’s guidelines
for conducting interviews.
b. Use your interview panel as a source for potential interview questions. An ideal panel will
include a person who is currently carrying out the same tasks you are interviewing for, the
supervisor of the position and an expert on either the school or the subject matter. Strive for racial
and gender diversity on your panel. Make sure all the members of the panel have seen and
understand the questions beforehand. Be sure to ask all candidates the same questions.
c. Develop a list of interview questions and a rubric containing objective criteria to serve as a
checklist. This ensures consistency between interviewers, and also creates documentation to
support the decision if a discrimination charge is later filed by an unsuccessful applicant.
d. Pre-screen candidates with a telephone interview in order to use your time most efficiently.
During this conversation, you can discover whether the candidate has the knowledge and
experience you need, if he or she expects a salary that is out of your league, or doesn’t agree with
your instructional philosophies. You may want to tape record the phone interview for the review of
other interviewers, but be sure to inform the candidate that you will be recording the call.
e. Interviewers should avoid making excessive assurances about job security. For instance,
avoid statements that employment will continue as long as the employee does a good job or as
long as funding continues. This could lead to problem if you want to terminate the employee at a
later date.
f. The interviews should not last much longer than 45 minutes. Make sure you schedule your
interviews in such a ways to allow for short breaks between candidates, and stick to your schedule.
Nothing sets a worse tone than starting an interview late.
g. Do not write on the candidate’s resume. Instead, keep a list of notes on a separate piece of
paper. This will avoid any risk of legal action later. Attach the notes to the resume and file these
materials for at least one calender year, regardless of whether the candidate is hired.

h. Let your candidate know the process for hiring, if you plan for second interviews, and your
timeframe.

Interview Questions to Avoid:


• Are you a U.S. Citizen? (adversely impacts national origin)
• Do you have a visual, speech, or hearing disability?
• Are you planning to have a family? When?

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• Have you ever filed a workers’ compensation claim?
• How many days of work did you miss last year due to illness?
• In what off-the-job activities do you participate?
• What year did you graduate from high school? (reveals age)

Checking References
However qualified or perfect an individual seems for a specific position, maintaining an absolute policy of
calling references provided by the employee and contacting former employers (whether given as a
reference or not) is sound practice and may shield a school from liability. An employer may be found
liable for harm caused by an employee if the employer failed to discover something in the employee’s
past that a reasonable degree of investigation would have uncovered. This is especially true if that
information would have revealed a distinct possibility of harm that did later occur. Use your interview
notes when checking references to follow up on identified areas of concern.

Offering Employment
It is a good practice to offer employment through a letter, in addition to a phone call. Generally, the
candidate and the organization have verbally negotiated the conditions of hire, and the job offer letter
confirms the verbal agreements.

In their basic form, job offer letters usually include the following:
• Job title or position offered
• Position status (i.e., full-time, 10-month, seasonal, part-time)
• Reporting structure
• Salary, benefits and perks offered
• Instructions to accept or decline the job offer
• Where appropriate, restate that the employment will be at-will

Your employment offer letter should also state that employment is conditional based on
successful clearance of the Louisiana State Police and FBI fingerprint and background check.

You should include as many details as practical in your job offer letter or as an attachment, so that your
job candidate has enough information to make an informed decision about accepting employment at your
school. Keep in mind that a job offer letter could later be determined a legally-binding employment
contract should the employee dispute what you offered vs. what he or she actually received on the job.
Make sure that you can deliver what you offer in writing.

It is also a good practice to send those candidates that were not selected for employment an applicant
rejection letter. In addition to being a considerate gesture, establishing a rejection procedure and record is
a proactive measure to protect your school against possible claims by rejected applicants.

Other Notes on Hiring


Immigration Visas
Very few charter schools have the resources to go to the tremendous trouble of petitioning U.S.
Citizenship and Immigration Services through the Department of Homeland Security to obtain working
papers for a potential employee without permission to work in the United States. The reason for this is
simply that teachers generally fall into a category of workers seeking employment-based visas, called
“Employment Third Preference (E3).” This includes “Skilled Workers, Professionals Holding
Baccalaureate Degrees and Other Workers.” This category is below the First Preference (E1) generally
reserved for “Persons of extraordinary ability in the sciences, arts, education, business, or athletics.” In

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general, this means the chances of a school obtaining those working papers are usually pretty slim. The
effort and expense to make the attempt may not be worth the employment of someone that may or may
not stay with the school for a long period of time.

Full-time Employees vs. Independent Contractors


Like many employers, charter schools frequently choose to use independent contractors for certain jobs
or services at the school. When a school makes this choice, it must take care that those treated as
independent contractors are truly independent contractors and not employees. Contractors such as
consultants do not have taxes withheld and typically invoice the school to receive payment. If an
employer seeks to classify certain individuals as independent contractors instead of employees, it should
take care to set up and manage that relationship in such a way as to ensure that the status is in
accordance with employment and tax law. Generally, if a worker is being managed closely on a day-to-
day basis, he or she must be paid as an employee and have statutory deductions taken from his/her
paycheck.

While the vast majority of jobs at any given charter school are most appropriately filled by full- or part-time
salaried employees, certain other functions may be better staffed by contractors. For example, a
contractor might be hired to provide a unique skill or specific expertise. Additionally, a school that doesn’t
need a full-time janitor may choose to hire a janitorial service to clean the school after hours, rather than
struggle to fill a part-time position, supervise that position, provide the proper cleaning equipment and
supplies, and so on. Even though the janitorial service may choose to assign one specific individual to the
school, the janitor is still working as an independent contractor (or as an employee of the independent
contractor, not the school). If you are uncertain, please speak to a lawyer or an accountant for specific
advice.

The following questions are designed as a guide to help delineate between employees and
contractors:
• How much control does the employer exercise over the worker?
• Who sets the hours and schedule for the worker?
• How much control does the worker have over the manner in which they go about their work – i.e.
does the employer dictate how the job is done or simply expect the job to be finished?
• Does the worker use his or her own tools or equipment?
• Is the worker located on the employer’s premises or does s/he work out of his or her own space?
• Is the worker exclusively employed by the employer or free to contract with others to provide the
same or a similar service?
• Do the contract terms pay the worker a fixed sum, with the obligation to pay expenses, payroll
taxes, and any relevant benefits resting with the worker?
• Does the worker use company letterhead?
• Who pays for the worker’s expenses?

In analyzing whether or not a worker qualifies as an independent contractor, employers should review
each of the above questions. Once the determination has been made that a worker is an independent
contractor, the employer should create a written contract. The written contract should directly identify the
individual’s status as an independent contractor and detail why the relationship is as such. Part of the
contract should enumerate the rights and responsibilities on both sides of the independent contractor
agreement. This includes clearly identifying the worker’s responsibility to pay estimated tax, self-
employment tax, and so on.

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8. CONDUCT FINGERPRINT AND CRIMINAL BACKGROUND CHECKS
Before any employee can begin working at your school, he or she must clear the both the Louisiana and
FBI fingerprint screening process established for individuals working with children.

Louisiana Code (§3991) requires background checks for all school personnel, including substitute
teachers. The school can pay for the checks or have the employee pay for the checks. If you decide to
cover these costs for one employee, you must extend the offer to all employees across the board. Even if
the individual has already received clearance and is a teacher from another school, you must have
his/her clearance background check on file. While you may request the information from the individual’s
former employer, the safer course is to have the individual undergo another background check and
fingerprinting so your school has all the information on file and has practiced due diligence. The forms
required to request a background check and fingerprinting are available online at:
http://www.lsp.org/who_support.html#criminal. Two forms must be submitted: the Authorization Form
(http://www.lsp.org/pdf/crAuthorizationForm.pdf) and the CPA Disclosure Form
(http://www.lsp.org/pdf/crCPADisclosure.pdf). In addition to these forms, applicants must submit a
fingerprint card with fingerprints taken at a local police department or sheriff’s office. There is a $26 fee
for the Louisiana screening and a $19.25 fee for the FBI screening. These fees, totaling $45.25, should
be submitted with the two forms and the fingerprint card to:

Louisiana State Police


Bureau of Criminal Identification and Information
P.O. Box 66614 #A-6
Baton Rouge, LA 70896-6614

An applicant who has submitted his or her fingerprints to the Louisiana Bureau of Criminal Identification
and Information may be temporarily hired pending the report from the bureau. For planning purposes,
please be advised that it can take up to six (6) weeks for fingerprints to be processed by the state.
If you have questions regarding this process, please contact the Bureau of Criminal Identification and
Information at (225) 925-6095.

Volunteers, individuals who have worked in the school district the previous year, and employees who
have no direct contact with students are legally exempt from fingerprinting requirements, but NSNO
strongly recommends that all staff in your school undergo some form of screening.

9. ASCERTAIN TEACHER CERTIFICATION


Louisiana and Federal NCLB Teacher Certification Requirements
In addition to state teacher certification requirements, NCLB imposes significant requirements on charter
schools when they hire teachers who are uncertified. If you have any questions about teacher certification
or NCLB requirements, please contact the Office of Educator Support, Division of Certification and
Preparation at (225) 342-3490 or http://www.doe.state.la.us/lde/tsac/home.html. All charter school
operators are encouraged to become intimately familiar with Louisiana’s standards for state certification,
which are available in BESE Bulletin 746: http://www.doa.louisiana.gov/osr/lac/28v131/28v131.doc.

10. COMPLETE EMPLOYEE FEDERAL FORMS


School employees must complete specific federal forms before they can begin employment at your
school. These forms are available free of charge online through the websites below.
• Form I-9: Employment Eligibility Verification, http://www.uscis.gov/files/form/i-9.pdf
• Form W-4: Employee’s Withholding Allowance Certificate, http://www.irs.gov/pub/irs-pdf/fw4.pdf

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11. POST REQUIRED LABOR LAW POSTERS
As an employer, you are required to display certain employment law posters that inform your
employees of their legal rights. These posters must be on display in a public place at school that is
accessible to staff, such as the teachers’ lounge. The LDE may check for employment posters during
their oversight visits.

Information about required posters can be found online at the U.S. Department of Labor, Office of Small
Business Programs. In some cases, the posters can be downloaded online at no charge:
www.dol.gov/osbp/sbrefa/poster/main.htm. We recommend obtaining your labor law posters from an
organization providing employment posters that summarize all required postings on one poster. These
companies will also send updated information when labor laws change for an annual fee. Examples can
be found at www.postercompliance.com and www.laborlawcenter.com. In addition, the Department of
Labor provides information on federal laws at: http://www.dol.gov/compliance. For a helpful guide to
federal labor laws that may apply to your school, go to: http://services.paychex.com/fedintro.pdf. For
information on statutory benefits for workers’ compensation and disability insurance, visit:
http://ww3.nysif.com/.

12. CREATE AND MAINTAIN PERSONNEL FILES


Schools are required to maintain documentation on their employees. These files should be kept on-site at
school in a secure place. Below is a list of information that should be captured in hardcopy. Employee
information should be considered confidential and should be in a locked file cabinet. If you need
assistance in creating a system to manage these documents, you may wish to contact Charter School
Business Management (www.csbminc.com).
General Information
• Transfer information from prior school if applicable
• Resume
• Salary history at your school
• Letters and observations
• Certification information and copy of Louisiana certification
• Copies of all employee I-9* and W-4 forms
• Copies of fingerprint clearance
*I-9 forms must be kept in a location separate from the general personnel files. Each I-9 form must be filled out entirely in the same
color ink. If not, the form is automatically invalidated. Remember that all information on the I-9 must be verified by the school leader
that signs the form. This means that the employee cannot bring a self-made copy of identification, but instead must show the original
form of identification, which is then copied by personnel at the school.

Medical Information
Employee medical information must be kept separately from personnel files, and should include
the following:
• Medical Plan information
• Birth certificates and marriage certificates if applicable for dependants under coverage
• Sick leave requests
• Other related information

13. CONDUCT NEW EMPLOYEE ORIENTATION


Prior to the start of the school year, school leaders should plan a thorough staff orientation. In addition to
other charter school leaders, NSNO can be a helpful resource in planning this event. Items that should be
covered in a new employee orientation include:

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a. Compensation
b. Expectations
c. HR Policies and Procedures Manual
d. Benefits Package
e. Evaluation Process
f. Discipline Code
g. Professional Development plan
h. Explanation of the role of the board of trustees
i. Explanation of procedures related to purchasing and expense reimbursement
Other elements of the acculturation process might include school tours and/or presentations by various
administrators and staff with whole-school interaction (librarian, counselor, etc). Team-building exercises
that bring together all members of the school staff are also helpful in creating a collegial environment. If
your school is part of NSNO’s Incubation Program, you are eligible to receive support from NSNO in
developing a Staff Socialization Plan.

14. ESTABLISH PROCEDURES FOR EMPLOYEE TERMINATION


At one time or another, most school leaders will be faced with the decision of whether or not to discharge
an employee. Below are some guidelines to help make these decisions appropriately.
• When it becomes necessary to discharge an employee, be sure it is for legitimate, job-related
reasons.
• Conduct regular, accurate and candid performance evaluations.
• Keep complete written records of all incidents of poor performance, as well as good performance.
• If possible, terminate the person at the end of a day or week when there are fewer employees
around. It will be less embarrassing for the employee.
• Be sure to state the real reasons for the discharge. Whenever possible, have another leadership
team member present during a warning or termination.
• If you anticipate a problem terminating the employee, it is highly recommended that you have
another leadership team member in the room during the process – particularly if the employee is of
the opposite sex.
• Make sure your personnel manual covers the issue of whether you will pay out unused vacation
time. Sick leave is generally not carried over or paid out at termination.
• Don’t delay once you’ve made the decision to terminate.
• You will need to tell your staff something about the termination. Make sure you do so after you have
spoken with the individual who has been terminated. If the termination was due to a rule infraction,
you can share that (but not the details) with the staff.
• Provide a follow-up letter simply stating, “You are terminated effective immediately” (or appropriate
termination date).
• Where appropriate, retrieve keys, school property, and/or school ID from the terminated employee.

If you would like further advice or to discuss the particulars of a termination, it is recommended that you
contact an attorney.

Terminations are always difficult on the work environment and are best handled in a discrete and fair
manner. Do not be surprised if there is lingering resentment on the part of either staff or students when
someone is terminated. It is a teachable moment and professional discussion about expectations for
performance is useful. Scapegoating and speaking poorly about a former employee is not.

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5
Student Enrollment
Ultimately, all of your work to set up an organizational structure, research and create a functional budget,
and recruit and hire qualified staff is for the purpose of enrolling students at your school. The amount and
type of students you serve should be driven directly by your school’s mission. How you plan and execute
your outreach activities to inform the community about your school will have a long-term impact. Your
recruitment activities should be based on a deep understanding of the educational niche your school is
designed to fill and sensitivity to the needs of the immediate community. In addition to these
understandings, there are a number of required enrollment policies and procedures that must be
considered. These requirements are addressed below; however, as with many other elements of charter
school administration, you will also benefit from talking with other charter school leaders and learning
from their enrollment experience. Please note, Type 5 charter schools have specific requirements for
the school’s enrollment polices and admission processes.

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1. ESTABLISH SCHOOL YEAR CALENDAR
By Louisiana Code, the days and hours of school operation shall not be more than ten percent less than
those set forth in the application, and in no event shall the days and hours of operation be less than the
minimum required by LA-R.S. 17:3996(B)(4). Bulletin 741: Louisiana Handbook for School
Administrators requires each LEA to adopt a calendar for a minimum school year of 182 days, of
which at least 177 days or 63,720 minutes of instructional time per year are met. Two days shall be
for staff development; the remaining days may be used for emergencies and/or other instructional
activities. Bulletin 741 is available at http://www.winnpsb.org/WPSB/Bulletin 741 - Louisiana Handbook for
School Administrators.pdf.

In addition to ensuring that sufficient instructional time is being provided, school year and day calendars
are also integral to the operations process. School year start and end dates, as well as daily start and end
times, have implications for transportation and food services planning. Think through your yearly schedule
and the implications it may have for both the recruitment of students and the retention of staff.

2. DEVELOP STUDENT RECRUITMENT PLAN AND ENROLLMENT POLICY


Student Recruitment
Your student recruitment plan is one of the most important items to develop and execute during the start-
up phase. Since your revenues are based on the number of students attending your school, it is critical
that you are able to enroll the number of students stated in your charter. Significant under-enrollment not
only affects the financial health of your school, but also may be considered a material change to your
charter. Well-established charter schools often have only to rely on word of mouth to meet their
application and enrollment objectives. Newer charters should be more strategic in their approach, and
employ a variety of outreach tactics to meet their goals. Strategies to utilize may include:
• Mailings to neighborhood daycare centers
• School tours and information sessions (only when you have access to the facility)
• Website development and promotion
• Running advertisements in local newspapers
• Street signs
Talk to other charter school leaders in your neighborhood to see what approaches have yielded the most
interest.

Enrollment
For Type 5 charters, the RSD has created student enrollment policies and procedures (Exhibit F of the
operating agreement). The enrollment policy must be approved by the charter’s board of trustees and be
submitted to the LDE. The policy must include:
• A five-year enrollment plan to include expansion plans by grade
• Assurances of non-discrimination
• Student eligibility and application requirements
• Recruitment materials and strategy
• Due dates for application materials
• Explanation of lottery process (including dates)
• Admissions acceptance procedures waitlist procedures

Admissions Criteria
In developing the admissions criteria, the board must incorporate the mission of the school and ensure
that the criteria do not discriminate or limit access for students on the basis of their race, color, national

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origin, sex, ethnicity, sexual orientation, mental or physical disability, special need, age, ancestry, athletic
ability, academic achievement or English proficiency. Louisiana Law requires that new charter
schools serve a comparable proportion of the at-risk population as is found in the larger school
district. An at-risk student is defined as a student under the age of twenty that also:
a. Is eligible to participate in the federal free or reduced lunch program.
b. Has been withdrawn from school prior to graduation for at least one semester.
c. 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 an exceptional child as defined in R.S. 17:1943, excluding gifted and
talented.
f. Is the mother or father of a child.

The school system’s percentage of at-risk students is fixed at the percentage that existed during the
school year that the charter was approved. For Type 1 and Type 2 charter schools, the number of at-risk
students must be at least eighty-five percent of the average percentage of students enrolled in the district
who are eligible for the federal Free and Reduced-Price Lunch Program. Unless otherwise specified in
the charter, Type 3 and Type 4 charter schools’ percentage of at-risk students must equal the percentage
of students eligible for the federal Free and Reduced-Price Lunch Program who were enrolled in the
school year prior to the establishment of the charter school. Type 5 schools are expected to enroll a
percentage of students with disabilities that parallels the overall percentage of students with disabilities
served in the RSD.

No new charter school can begin its enrollment period before the LDE approves its enrollment
policies. While you may have criteria that focus on an interest or aptitude in a certain area of study, seek
guidance from RSD to make sure your criteria are not construed as limiting student access to your school.

Planning for Enrollment


You will need to examine your school’s physical capacity and determine the space available for each
grade. Type 5 charters must submit to the RSD a timeline for conducting community outreach efforts,
application deadlines, lottery deadlines and notices of acceptance. In creating a strategy for publicizing
the school, be aware that reasonable notice must be provided in the recruitment efforts. Reasonable
notice requires that the school reaches out to nonprofit and community agencies to publicize the school,
its mission and enrollment period. RSD and NSNO encourage schools to offer visitation sessions for
parents interested in applying to your school. This may occur on a drop-in basis (such as when a parent
comes in to fill out an application), so schools should make certain there is always someone at the office
that has been briefed on the application process and can assist the visiting parent. Schools are also
required to hold informational meetings with parents and students and run advertisements in major
commercial and community newspapers. Outreach efforts must occur at least one month prior to the
application deadline.

Your school’s application process cannot be construed to be discriminatory in any way. Therefore, an
application cannot ask for information that can be used to assess a student’s aptitude (i.e., previous test
scores, application essay, identification as special needs). It is allowable to solicit basic demographic and
school history information. RSD recommends new schools translate their application material in
languages spoken by the prospective population and make the material available in multiple locations and
formats (e.g., flyers, internet).

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Chapter 5: Student Enrollment
Accepting Applications
BESE outlined procedures for the application process, mandating that all RSD-operated and RSD charter
schools participate in the Common Application process for the 2008-2009 school year. This can be
expected to continue in the future, but you should always check for updates from RSD and/or BESE. All
RSD schools must accept the Common Application form and cannot require additional information from
parents who wish to apply. Below is a description of the timeline for the application process; please note
that these dates are from the 2008 application season and are subject to change annually.

Once the Common Applications are made available, schools are expected to pick up a supply. Parents
may pick up the applications at school sites and a number of other locations. Completed applications may
be turned in at designated drop-off locations in New Orleans or at the individual schools to which they are
applying. When an application is turned in at a school site, a school administrator must sign the form and
give the carbon copy of the signed form to the parent. In 2008, the Common Application process closed
on February 27. If an application for one school was mistakenly accepted at another, the receiving school
was responsible for transporting the application to one of the designated drop-off locations before 4pm on
February 28. Each school was responsible for collecting the applications turned in at its site and for
picking up all school applications turned in at the designated drop-off locations by 4pm on February 29.

Applications received after the deadline can be accepted if your school has space available. If you have
more applicants than spaces, late applications must the held in order of their receipt and added to the end
of your waitlist AFTER the school lottery is complete.

Priority Admissions
The RSD may designate a new charter school as an “open-enrollment school” pursuant to
§17:7.1(B)(2)(a)(ii), which means that no preference is given to a student enrolled in the school prior to
that school’s placement in the RSD and conversion to a charter school. No student can be automatically
enrolled as a result of a preference. If the school receives more applications than there are available
slots, all applicants are required to participate in a lottery. For other new Type 5 charters not designated
as open-enrollment schools, if the applications from students previously enrolled in the school do not
exceed the available slots, they will be automatically admitted. If there are more applications from
previously enrolled students than there are slots, a lottery will be held. Following the admission of
students entitled to a preference, if the remaining applications exceed the number of slots available, the
school shall hold a lottery for the remaining slots.

After their first year of operation, all charter schools must give preference to students previously
enrolled in the school as well as their siblings. Existing students must be automatically offered a
space unless they have advised the school they will not be returning. To ascertain student intentions,
schools can require parents to complete a form (self-designed) to document their intent to return.
Students that do not return the form by the registration deadline (explained below) are subject to losing
their space. Siblings of existing students receive priority admission to your school and are lottery exempt.
If there are no spaces available for these siblings, they must be assigned the first spots on the waitlist.

th th
Lastly, schools are required to readmit any student who does not pass the 4 or 8 grade LEAP exams
and wishes to return to the school, even if they do not enroll by the registration deadline. Many of these
students will not know if they will be returning until they get the summer school retest results, so you will
th
need to factor in their right to return when determining the number of open spaces available for the 4
th
and 8 grades.

Holding a Lottery
A charter school will only need to hold a lottery in the event that it receives more applications than it has
spaces. It is possible that a lottery will be necessary for some grades but not others. In 2008, it was
mandated that all lotteries be held on March 5. Schools must hold their lotteries in public, and the person
who is drawing the names cannot in any way be affiliated with the school. Applications should be
separated by grade level, and all names should be drawn. After the slots are filled, the remaining names

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should be placed on a waitlist in the order in which they are drawn. For schools that are allowed to have a
preference for previously enrolled students and still need to hold a lottery, the names of those students
previously enrolled will be drawn first; once all their names have been drawn (by grade), the remaining
students’ names can be drawn. In subsequent years, all previously enrolled students are given
preference, and lottery preference is extended to the siblings of those students.

The waitlist should be made public, and rules for the waitlist must be in writing and made available to the
public. Every applicant must be notified either of their acceptance into the school or their number on the
waitlist by phone and mail; in 2008 those notifications were required to go out by March 10.

Registration Procedures
Parents are only permitted to register with one school. Although all communication from the RSD and the
other organizations helping with the application process advises parents of this policy, there will inevitably
be some duplicate enrollments.

In 2008, the school registration period was March 10 – March 28. Parents were required to choose
schools and enroll their students during this time. In general, if an accepted student is not registered by
the end of the registration period, he or she no longer has any claim to a reserved spot. The only
th th
exceptions to this policy are any 4 or 8 graders who do not pass the LEAP test; they will not know their
status until the summer retest results are known. These students have the right to return to your school,
even if they did not register. If a school is not at full capacity as of the day after the registration period,
they may begin to offer available spots to waitlisted student applicants in order of their status on the
waitlist or, if no waitlist exists, on a first come, first served basis.

During the registration period, you should collect as much documentation on each accepted student as
possible. This data may include copies of the following documents:
• Child’s birth certificate
• Proof of residence – such as a lease or utility bill
• Proof of immunization
• Proof of legal guardianship, if a sibling is a cousin or there is a custody issue involved
• Social Security Card
• Individualized Education Plan (IEP) – if applicable
• Any cumulative records from other schools or preschools the student has attended
From these documents, the following information should be entered into the student’s file on or before the
first day of school:
• Student’s Name
• Address
• Social Security Number
• Birth Date
• Grade
• Previous School Attended

Processing Enrollment
Beyond the basics collected during registration, there are other documents that should be obtained on or
before the first day of school:
• Medical Authorization Form (described in the Student Health and Safety chapter)
• Preferred mode of dismissal

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Chapter 5: Student Enrollment
• Transportation form: bus route/stop request form or transport request form
• Emergency contact information (including individuals not allowed or authorized to pick up students,
in case of restraining orders)
• Home Language Survey (described in the Special Populations chapter)
• Code of Conduct form (described in the Student Health and Safety chapter)
• Free and Reduced-Price Lunch forms (described in the Budgeting and Finance chapter)
• Photo permission form

Best Practice
Make sure your teachers are aware of the information sent home with students and the materials that
have forms that need to be returned. Designate a clerical staff to track the return of student information.

Slots for students should be held for two weeks after the school year begins. For students who are absent
during this period, the parent or guardian should be contacted after five days to determine their intention
of enrolling their children at the school. If the accepted student does not attend within two weeks, his/her
slot should be given to the next student who was placed on the waiting list. If there is no waiting list, the
school can begin to accept new applications. Because the number of students enrolled in the school
drives the funding the school will receive, school leaders should be aggressive in assuring every planned
slot is filled with a student.

3. DEVELOP FIVE-YEAR ENROLLMENT PROJECTIONS


It is important for new schools to be in agreement with the board on the shared vision of the future with
respect to the ideal operating size of the school after the first year. Projections provide an opportunity to
put the expectations and vision for the school into concrete terms. Projecting your enrollment is part of
your business plan. When the board develops the mission of the school, some thought should be given to
the projected growth in the numbers of students and faculty. The growth in the number of students may
be the result of expansion of the grades offered or classroom slots per grade. Growth estimates are
always guesswork, and with any business undertaking, projections should be based on research of the
market. In this case, that research should include other charter schools, RSD-run schools and the
population trends of the city. It may be anticipated that there will be gradual growth the first three years
and a leveling-off in years four and five. Make sure your estimates incorporate student attrition, which can
average between 5% and 10%.

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Chapter 5: Student Enrollment
6
Special Populations

This chapter is devoted to the requirements of serving students with limited English proficiency and those
that come from migrant families. As you already know, students with disabilities comprise an enormous
part of a school’s overall “special population.” NSNO is working closely with several consulting groups to
provide guidance in working with special education students. Because these individuals are experts in
their field, this guidebook will not attempt to duplicate their work. Be sure to contact NSNO to receive all
relevant information regarding the provision of special education services. In the meantime, read on to
learn more about accommodating the English Language Learners and migrant children in your school.

LIMITED ENGLISH PROFICIENT (LEP) STUDENTS


Overview of Federal Laws Regarding LEP/ELL Students
If one or more students attending a charter school has limited English proficiency (LEP) and/or is an
English Language Learner (ELL), federal law requires that the school service such students with
assistance sufficient to provide them with an equal educational opportunity. Title III funds of your
Consolidated Application for the NCLB funds are for specialized language programs that ensure English
proficiency and academic achievement. State law does not differentiate between public and charter
schools with respect to the expectations for educating students of limited English proficiency. Charter
schools are required to do the following:
• Ensure that LEP/ELL students meet the same high academic requirements and standards as
the general student population in Louisiana.
• Ensure that LEP/ELL students will have equal access to all programs and services including the
following: instructional services (e.g., tutoring); support services (e.g., guidance and counseling); all
school programs (including gifted, music, art, vocational, and technology programs); and all after-
school programs, including athletics.
• Ensure that there are sufficient numbers of well-prepared and competent administrators,
teachers, and staff with experience and knowledge in working with diverse LEP/ELL populations.
• Maintain high-quality instructional materials and facilities used in bilingual education programs
in both languages of instruction.
• Assess the progress of all LEP/ELL students on an ongoing basis.
• Assess each student’s knowledge in his or her own language to determine whether there is a
basis for referral for special education services.
• Ensure that all non-English speaking parents are informed about school-related information in a
language and format they understand.

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Chapter 6: Special Populations
Best Practice
Providing accommodations for students of limited English proficiency is a civil rights issue. Given the
demographic changes of the city of New Orleans, a charter school leader would be wise to anticipate
the need for ESL services. If you are unable to budget for a full-time ESL teacher, think about sharing a
staff person with other charter schools. Even if you have only one child of limited English proficiency in
your school, you are required to make accommodations to allow that student to learn successfully.

The LEP/ELL Identification Process


The following is a list of tasks related to serving the needs of LEP/ELL students:

Item Timeline Additional Information Resources

1 Distribute the Home Language At the time of Must be filled out and State contact for charters under the
Survey enrollment. returned by parents for new RSD is Josh Posey:
enrollees. Any indication on josh.posey@la.gov
this survey that the student
might qualify as ELL or LEP Questions can also be directed to
necessitates the the general contact or supervisor at
administration of the LAS- the LEA with which the school is
Link and the ELDA. associated.

2 Order and administer the LAS- Order prior to Non-ESL staff can administer The test can be ordered from
Links Placement Test start of school, test. CTB/McGraw-Hill at
administer within http://www.ctb.com/. Search for
2 days of “LAS-Links” under the “Products”
receiving a Home category.
Language Survey
that indicates
possible ELL/LEP
status.

3 Order and administer the ELDA Testing schedule Test materials are provided To order the tests, please contact
determined by through LDE and are mailed your District Testing Coordinator.
LDE; conducted directly to school leaders.
annually for all For questions regarding
LEP/ELL administration of the ELDA, the
students. state contact is Leslie Lighbourne,
Education Program Consultant in
the Division of Standards,
Assessments, and Accountability,
LDE at (225) 342-3404
Leslie.lightbourne@la.gov.

1. Distribute the Home Language Survey


The Home Language Survey must be used to screen all new entrants to Louisiana schools for potential
limited English proficiency and must be filled out by the parents of any new enrollees. The questionnaire
is available in multiple languages and is provided as part of the student enrollment packet. The survey
comes in triplicate; one copy is left with the parents, another is placed in the student’s file, and the third is
kept at the central office of the LEA. It is imperative that this survey is conducted immediately upon the
commencement of the school year to ascertain that ELL and LEP students are properly identified. If new
students enroll during the school year, this survey should be administered within the first few days of
attendance. For assistance, charters under the RSD may contact Josh Posey, Education Program
Consultant at the LDE Division of Educational Improvement and Assistance: (225) 342-0520 or
josh.posey@la.gov.

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Chapter 6: Special Populations
2. Order and Administer the LAS-Links Placement Test
If the Home Language Survey indicates that a language other than English is the child’s first language
learned and/or most often used or spoken at home, the Language Assessment Survey-Links (LAS-Links)
Placement Test must be administered within one or two days to determine placement.

Your ESL teacher, test coordinator, language arts teacher or the ESL staff available through your LEA
can conduct the LAS-Links Placement Test. The LAS-Links measures language proficiency in English
and is used to determine entitlement to ESL/Bilingual programs. The results of the tests will help the
school determine if the student should be placed in ESL classes or if other accommodations are
necessary to ensure the student is provided an education.

Screening with LAS-Link is not necessary if his or her prior school has already confirmed the student’s
LEP/ELL status. Make sure to order copies of this test prior to the start of school. To order the LAS-Links
Placement Test, visit the CTB/McGraw-Hill website at http://www.ctb.com/ and search for “LAS-Links
Placement Test” under the “Products” category.

3. Order and Administer the ELDA


The No Child Left Behind (NCLB) Act requires states to annually assess English proficiency in listening,
speaking, reading, writing, and comprehension and to report annual progress or attainment of English
proficiency for all students identified as Limited English Proficient (LEP) in kindergarten through grade 12.
The English Language Development Assessment (ELDA) is aligned to Louisiana’s English language
development standards and is a series of un-timed tests that measure annual progress in English
language skills of these students. The assessment, usually administered in the spring, consists of
inventories (grades K, 1-2) and separate tests (grades 3-5, 6-8, and 9-12). The K-2 inventories are critical
tools designed to help teachers recognize, diagnose and address language development issues early so
that students are more likely to succeed on the later tests. The 3-12 tests assess both academic and
school/social environment language of students. Scores are provided in listening, speaking, reading,
writing, and comprehension, as well as a composite score that is calculated from all of the required
domains. Individual student scores indicate one of five possible proficiency levels, ranging from pre-
functional to fully English proficient. This is the test they must pass in order to move into general English
language classes. The ELDA is sent to a school’s test coordinator and the same security requirements
mandated for the other accountability tests (i.e., LEAP and GEE) must be followed. To order the tests,
please contact your District Testing Coordinator. For questions regarding the administration of the ELDA,
contact Leslie Lightbourne, Education Program Consultant at the LDE’s Division of Standards,
Assessments, and Accountability at (225) 342-3404 or leslie.lightbourne@la.gov. Additional test
information is available at: http://www.ccsso.org/projects/ELDA/.

State-Mandated Tests
Approved Assessment Accommodations
All LEP/ELL students are required to take all state-mandated tests, including math and content-
area exams, regardless of the duration of their attendance in a US school. However, there are allowable
accommodations for these students. Not all limited English proficient students will need test
accommodations, but many will need them to provide a valid and accurate measure of their abilities. See
the Academic Assessments chapter for more information on state testing.

Test accommodations should not be different from or in addition to the accommodations provided
in the classroom during instruction and assessment.

Selection of appropriate accommodations is facilitated by a review of the student’s current instructional


and classroom assessment accommodations as well as the test format and what it measures. The
student’s teacher, an ESL instructor, and a member of the School Building Level Committee (SBLC)
normally conduct this review. The accommodations must never compromise the purpose of the test. For
example, the reading test cannot be read to the student because it destroys the purpose of the test (i.e.,

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Chapter 6: Special Populations
to measure reading ability). However, part or all of the science or other subject area tests can be read to
the student as long as “Test Read Aloud” is an accommodation provided during classroom assessment.
All provided accommodations must be marked on the student’s answer documents.

The following test accommodations may be used for limited English proficient (LEP) students:
a. Extended Time/Adjusted Time: Every student should be given sufficient time to respond to every
test item. Time may be adjusted for certain students who must process from one language to
another. This processing of language is extremely tiring; therefore, the test administration time may
have to be altered considerably to allow for intermittent short breaks during the testing period.
Alternatively, it may be determined appropriate to administer the test in a number of short sessions.
If the test is administered through a series of short sessions, these sessions must be completed
within the allotted test dates, including any makeup sessions.
b. Individual/Small Group Administration: Tests may be administered to a small group or an
individual requiring more attention than can be provided in a larger classroom. If other selected
accommodations affect the standard administration of the test (i.e., extended time on a timed test,
test read aloud), individual or small group administration must be used.
c. Repeated Directions: The test administrator may repeat the directions for students who have
difficulty following or attending to directions. All students may have directions repeated.
d. Test Read Aloud: Students receiving this accommodation must have been provided this
accommodation in classroom assessment. The student may be allowed to have portions of the
tests read to them, with the exceptions of the “Reading” section, the “Responding” section of the
English Language Arts Test on LEAP and GEE, and the old GEE, which may not be read aloud.
e. Provision of English/Native Language Word-to-Word Dictionary (no definitions): Students
may use either a standard or electronic English/Native Language Word-to-Word Dictionary on all
sections of the tests, as long as there are no definitions provided. Please note that on the Written
Composition section of LEAP, GEE, or the old GEE, students can use an English/Native Language
Word-to-Word Dictionary with definitions. All students can use a dictionary on this section of the
tests; therefore, this is not considered an accommodation. However, the English/Native Language
Word-to-Word Dictionary with definitions can be used only on the Written Composition section.
f. Test Administered by ESL Teacher or Individual Providing Language Services: Familiarity
with the speech patterns of the ESL teacher or individual providing language services may assist
the student in understanding the test directions or the portions read aloud if the student receives the
“Test Read Aloud” accommodation.

Students with disabilities who are also Limited English Proficient may receive these accommodations
whether or not they are in the student’s Individualized Education Program (IEP). Accommodations include
extra time, separate test locations, use of bilingual dictionaries and glossaries, oral translations, and
writing responses in the student’s native language.

MIGRATORY CHILDREN
Migrant Education Program (MEP)
Each year, Louisiana provides Migrant Education Program (MEP) funds to 8 Local Operating Agencies
(LOAs) to support high quality and comprehensive educational programs for migratory children. These
programs are conducted in order to help reduce the educational disruptions and other problems that
result from repeated moves and to ensure that migratory children have the opportunity to meet the same
challenging state content standards as all children.

The LOA serving New Orleans is the Tangipahoa Parish School System. This LOA operates an
Identification and Recruitment program that seeks and enrolls qualified MEP families in Louisiana. There
may be individual students attending charter schools that come from families that qualify for the MEP and
may receive MEP services via the regional LOA. If a LOA Recruiter works with a migrant family enrolled
in a charter school and determines that the family is eligible to be recruited into the MEP, a needs

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Chapter 6: Special Populations
assessment is conducted on each eligible child. If the child is determined to meet the Priority for Services
criteria adopted by the Louisiana MEP, the LOA has the ability to provide services to address the child's
needs. A common MEP-funded service for a child who is failing would be tutorial services. Please note
that MEP funds are often called funds of the last resort, meaning that students must be provided with
services from all other programs for which they qualify before MEP funds kick in. While there are
Recruiters that work to identify these families and children, school staff or counselors may contact the
Tangipahoa LOA if a new student enrolls and school staff suspect that the family may qualify as a Migrant
family.
LOCAL CONTACT:
• Tangipahoa Parish School System, Migrant Education Program Local Operating Agency:
(800) 725-9708 or (985) 542-7290
Coordinator: Deborah Forshag, Deborah.Forshag@tangischools.org
Data Specialist: Atlanta Woods
STATE CONTACT:
• Terry Simoneaux, Section Supervisor, Family and Youth Development Section, Division of Family,
Career and Technical Education, Office of School and Community Support, LDE (225) 342-3521;
terry.simoneaux@la.gov

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Chapter 6: Special Populations
7
Reporting Requirements

As with any business, charter schools are expected to comply with expectations for reporting school
activities. There are daily reporting requirements, such as student attendance and free and reduced-price
lunch program participation. In addition, there are quarterly reports to be prepared for the Board of
Trustees regarding the school’s activities and projects as well as the financial health of the organization.
Your authorizer will request quarterly budget reports as well as an annual report on your school’s
progress in meeting its goals and student achievement targets on mandated testing. The school leader
should request monthly budget reports from the business leader. If you have received discretionary
grants, you will also need to submit quarterly progress and budget reports. The Louisiana Department of
Education also requires a number of reports at various intervals during the year.

All of these reporting requirements can be quite onerous if you have not set up effective information
systems to track and compile the necessary information. This chapter covers four categories of required
reporting: compliance, financial, tax and suspected child abuse. While this is not an exhaustive list, it
will help you prepare for the various reports necessary when operating your charter school. Further
details regarding reporting requirements are available in your operating agreement, condition of grant
award(s) and memoranda from your authorizer.

Please note, each Type 5 charter school is considered to be a school system/district in itself and is
responsible for the same data reporting requirements as other school systems/LEAs. Charter schools that
are chartered under the authority of the Local School Boards (Types 1, 3 and 4), on the other hand, will
have their data reported through their respective school boards.

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Chapter 7: Reporting Requirements
1. COMPLIANCE REPORTING REQUIREMENTS

LEADS (Louisiana Education and Accountability Data System)


There are seven separate reports that must be submitted to LDE by each charter school in order for the
Department to generate the LEADS report. LEADS replaced the Annual School Report (ASR) several
years ago. Details on each of the seven reporting systems follow, and more information can be obtained
by visiting http://www.doe.louisiana.gov/lde/pair/638.html. In addition, an overview of the various data
collection timelines can be accessed at: http://www.doe.louisiana.gov/lde/uploads/11337.pdf. The seven
reports that must be filed are the following:
a. Student Information Systems (SIS)
b. Curriculum Database (CUR)
c. Annual Financial Report (AFR)
d. Sponsor Site System (SPS)
e. School Calendar System (SPC)
f. Special Education Report (SER)
g. Profile of Educational Personnel (PEP)
h. Student Transcript System (STS)

All of the above systems (with the exception of SER) can be accessed electronically via the
LEADS Portal at: http://leads.doe.state.la.us/ptl. The division that handles these reporting systems is
the Division of Planning, Analysis, and Information Resources (sometimes referred to as PAIR), within the
Office of Management and Finance. You will notice below that a contact person from this division is listed
for each reporting system. While this contact person may certainly be helpful, there is one individual in the
PAIR Division that is the primary contact for charter schools. Her name is Bernadette McLaurin, and she
should be your first point of contact, or at least be contacted in conjunction with anyone else in the
department. Bernadette can be reached at (225) 342-1167 or bernadette.mclaurin@la.gov.

a. Student Information System (SIS)


The SIS database is comprised of information records for the individual students enrolled in Louisiana
schools. These records contain information about students’ demographic characteristics, their enrollment
in particular schools, projected class schedules, and their disciplinary and attendance history. Schools
must submit student membership data online via the Student Information System (SIS) to ensure that
LDE has the data it needs to complete the Annual School Report Card, which is then posted on the LDE
website. In addition, these “membership” counts are used for specialized funding calculations such as
special education, free and reduced-price lunch, and Limited English Proficiency. SIS also provides
student information for Progress Profiles, Student Suspension, Expulsion and Dropout Report, School
Accountability, Common Core of Data (CCD), etc. Each school is required to update its student
membership information and verify its accuracy as part of the agreement with its authorizer. Currently,
there are five data collection periods for SIS:
1. October MFP Collection: mid-August to late October)
2. LEADS Data Collection: mid-November to mid-December)
3. February MFP Collection: mid-January to late February)
4. Dropout Correction Period (DCP): mid-March to late April)
5. End-of-Year (EOY) submissions: early May to late July)
While the SIS data input process can be onerous, it has major ramifications for your enrollment counts
and overall funding. SIS training is available through the Division of Planning, Analysis, and Information
Resources by contacting Bernadette McLaurin at (225) 342-1167 or bernadette.mclaurin@la.gov. NSNO
strongly recommends that the person (or people) made responsible for data entry receive training. In
addition, a back-up person should also be trained in data entry in the event that the responsible

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Chapter 7: Reporting Requirements
individual(s) are not available. A school secretary should be scheduled to assist with summer reporting
requirements, as June, July and August are an active time for charter schools to report data and file
forms. To avoid facing an overwhelming amount of work at the end of the school year, SIS data input
should be done at the end of each month, and anytime other internal or external reports are generated,
this demographic information should also be added to SIS system as well.

A SIS User’s Guide, timelines for data submission, and other relevant information can be found on the
Department of Education’s website, located at: http://www.doe.state.la.us/lde/pair/1208.html. The SIS
User’s Guide can be directly accessed at: http://www.doe.louisiana.gov/lde/uploads/7706.pdf.

Class Schedules
This is a component of the SIS system. Class Schedules are submitted during the October MFP collection
period and are used to determine class size, class composition, highly qualified percentages and
vocational education funding. The information is also downloaded and used in preparing the LEAP, iLEAP
and GEE test booklets.
CONTACT:
• Brenda Rivet, Education Information Consultant, Data Management Section, Division of Planning,
Analysis and Information Resources, Office of Management and Finance, LDE (225) 342-1805
brenda.rivet@la.gov

b. Curriculum Database (CUR)


The Curriculum Database (CUR) contains information about the classes in each school and the students
that are enrolled in them. CUR will contain one record for each class that students are attending. This
includes all classes being taught within the submitting LEA, plus any classes outside the submitting LEA
where the LEA’s students are attending. This information includes Course Code, Class Begin and End
Dates, Total Class Time Count, and, for special education classes, the Special Education Placement
Setting Code. Certain special education student-teacher relationships must be submitted in the form of
Curriculum Class Schedule Records. If a special education teacher is providing a service to a student as
part of the student’s IEP requirements, a CUR Class Schedule Record will provide the data needed for
analysis. There are some special situations and exceptions that are outlined in the CUR User Guide,
available at: http://www.doe.louisiana.gov/lde/uploads/11519.pdf.

Charter schools are responsible for entering their curriculum information into this database on an annual
basis, during the designated Collection Period. The CUR User Guide (link provided above) provides in-
depth instructions for the submission of curriculum data. Updated information regarding deadlines and
submission procedures can be obtained from the Division of Planning, Analysis, and Information
Resources website for CUR at: http://www.doe.louisiana.gov/lde/pair/1209.html.
CONTACT:
• Jason France, ITMC, Data Management Section, Division of Planning, Analysis, and Information
Resources, Office of Management and Finance, LDE (225) 342-9133; jason.france@la.gov

c. Annual Financial Report (AFR) System


The Annual Financial Report (AFR) System enables the Louisiana Department of Education to collect,
consolidate, and review computerized fiscal data from the LEAs to support LDE management decisions,
and to respond to various requests for educational financial data. The system also supports the mandated
fiscal accountability program requiring the computerization, audit, and evaluation of financial information
from local school systems for use with development of the Minimum Foundation Program (MFP) and fund
distribution. Other uses of the collected data include the preparation of the Annual Financial and
Statistical Report for the Governor and the Legislature and to satisfy various fiscal information
requirements of the Legislature, US Census Bureau, National Center for Education Statistics (NCES),
National Education Association (NEA), and other governmental and/or private agencies.

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Chapter 7: Reporting Requirements
The Louisiana Superintendent of Education administers the AFR System. Each LEA must implement a
computerized fiscal data system that, at minimum, provides all financial data required by the state system
and will make these data available in the appropriate input formats. An LEA’s computerized fiscal data
are not accepted as complete by the LDE until it has adequately corrected or resolved MFP audit
questions regarding the data and the LEA has subsequently provided written certification to the accuracy
and completeness of final data for the fiscal year.

The school’s business leader or an outside CPA should prepare the AFR. Submissions for the previous
school year normally occur between September 1 and October 31. At present, the submission system is
slightly different for charters than for other public schools. The AFR is a self-contained document, and a
blank copy is distributed to all charter schools when it becomes available. While other public schools use
an electronic transfer process to submit their AFR, charter schools use an Excel document that is sent to
the Louisiana Department of Education. This may change in the near future, so it is always best to check
for updates with the Division of Education Finance. An AFR User’s Guide
(http://www.doe.louisiana.gov/lde/uploads/2600.pdf) is available, but charter leaders should note that this
document heavily references the electronic submission process that charters are currently not eligible to
employ. When referencing the User’s Guide, please keep this in mind. In addition to the User’s Guide, the
AFR preparer may find the Louisiana Accounting and Uniform Governmental Handbook (LAUGH) to be a
helpful resource. This document is also known as Bulletin 1929 and is available at
www.louisianaschools.net/ldeu/ploads/2586.pdf. For further information on line items and classifications
for the AFR, you may call Judy Hurry at the Division of Education Finance, (225) 342-8848.

Please note, the AFR is not the same as the annual independent financial audit every charter
school must conduct at its own expense. This audit is completely separate and is discussed later in
this chapter.
CONTACT:
• Robert Robbins, ITMC, Data Management Section, Division of Planning, Analysis, and Information
Resources and Data Management, Office of Management and Finance, LDE (225) 342-3619;
robert.robbins@la.gov

d. Sponsor Site System (SPS) Database


The Sponsor Site (SPS) database is one of the primary databases within the Louisiana Department of
Education. It contains basic information on the public and nonpublic elementary and secondary
educational facilities, post-secondary educational institutions and other non-educational facilities. The
term “sponsor” refers to local school districts, charter schools, Catholic school systems, technical college
districts, non-Catholic private schools, etc. A “site” is any facility under the jurisdiction of a sponsor. All of
the LDE's major databases (SIS, CUR, AFR, SPC, SER, PEP, STS) are linked to SPS by use of the site
code and are impacted by its contents. SPS is also the database from which the Louisiana School
Directory is produced. Previously, LDE collected SPS data via batch record updates submitted directly by
the school districts. However, as of June 30, 2008 the Sponsor Site System will become a web-based
application. School districts will have inquiry rights only, and LDE personnel will perform all data updates
to SPS. Information regarding the changes to the Sponsor Site System can be obtained from the Division
of Planning, Analysis, and Information Resources website for SPS at:
http://www.doe.louisiana.gov/lde/pair/1211.html.
CONTACTS:
• Adrian Franklin, Education Information Consultant, Data Management Section, Division of Planning,
Analysis, and Information Resources, Office of Management and Finance, LDE (225) 342-2089;
adrian.franklin@la.gov
• Dwayne Fontenot, Education Information Consultant, Data Management Section, Division of
Planning, Analysis, and Information Resources, Office of Management and Finance, LDE (225)
342-2505; dwayne.fontenot@la.gov

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e. School Calendar (SPC) System
The School Calendar (SPC) System provides for the electronic reporting of both planned and actual
school calendars to the Louisiana Superintendent of Education by each public school district or agency.
These calendars identify the time made available to instruct students. The SPC System User's Guide
(http://www.doe.louisiana.gov/lde/uploads/2602.pdf) provides the data requirements, record formats,
schedule, and instructions for creating and submitting the school calendar data files. Appendix B of the
guide provides a worksheet that can be used to calculate a school calendar’s equivalent instructional
days and/or to identify the effect of calendar changes upon instructional days.

Charter schools must submit information twice each year. The following timelines are based on past
years, please check the SPC website (http://www.doe.louisiana.gov/lde/pair/1212.html) for updated
information. The first submission occurs sometime between mid-August and the end of October, and
consists of the Planned School Calendars for the school year. This initial file submission is required from
all districts. Corrections to the Planned Calendar are allowable until the end of February. The second
submission occurs between early March and the end of May, and consists of the Actual School
Calendars. These must be submitted even if there have been no changes to what was submitted as a
Planned Calendar. Corrections to the Actual Calendars may be submitted until the end of July.
CONTACT:
• Robert Robbins, ITMC, Data Management Section, Division of Planning, Analysis, and Information
Resources and Data Management, Office of Management and Finance, LDE (225) 342-3619;
robert.robbins@la.gov

f. Special Education Reporting (SER) System


Type 2 and Type 5 charter schools serve as the LEA for the purposes of funding and statutory definitions,
and must participate in the Special Education Reporting (SER) System. The SER System provides for the
establishment of a statewide special education student database from which specified reports from the
student record can be generated. The specified reports that are created enable special education
personnel to follow the provision of services to individuals, monitor the timeliness and appropriateness of
these services, and to ascertain local technical assistance needs through analysis. Data is captured on
each individual student from the point of referral to pupil appraisal personnel and from the provision of
services until the time of exit from special education.

SER is one of the seven systems to which charters are required to submit data. It is important that all of
your information be up to date, as SER generates the add-on state funding for students with disabilities
(the add on is 150% times the base for students with disabilities), which is in addition to other federal
funding. All charters schools must comply with the monthly Special Education Reporting
requirements. A SER User Guide and schedule for data submission is available from the Division of
Data Management, Planning, Analysis and Information Resources SER website at:
http://www.doe.state.la.us/lde/pair/1213.html. The SER User Guide, which provides data requirements,
validation rules, record formats and data input instructions can be accessed directly at:
http://www.doe.louisiana.gov/lde/uploads/11236.pdf.

SER system trainings are available and should be attended before school opening by any relevant school
staff. Fore more information regarding these trainings, please contact Priscilla Baker or Susan Kaufman
(contact information below). For assistance with SER data entry, contact Bernadette McLaurin, Education
Information Consultant, Data Management Section, Division of Data Management, Planning, Analysis
and Information Resources, Office of Management and Finance, LDE at (225) 342-1167 or
bernadette.mclaurin@la.gov. SER is accessed at the following website (requires username and
password): https://serp.doe.louisiana.gov/ser.
CONTACTS:
• Priscilla Baker, Education Information Consultant, Data Management Section, Division of Planning,
Analysis and Information Resources, LDE at (225) 342-6215; priscilla.baker@la.gov

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• Susan Kaufman, Education Information Consultant, Data Management Section, Division of
Planning, Analysis and Information Resources, Office of Management and Finance, LDE (225) 342-
1856; susan.kaufman@la.gov

g. Profile of Educational Personnel (PEP) System


The Profile of Educational Personnel (PEP) System is a web-based information system by which public
school staff data are collected electronically. This collection of individual records has made public school
personnel data much more accessible to the Legislature, the Board of Elementary and Secondary
Education (BESE), the Louisiana Department of Education, and district administrators. The PEP
database contains staff data on public school personnel, including charter school personnel. Information
reported as part of the PEP includes demographic data, professional qualifications, job assignment and
compensation, employment status, Professional Improvement Program (PIP) salary information, and non-
attendance data relative to time away from an employee’s daily activity. For a more detailed listing of data
reported to the PEP System, please reference Section 3 of the PEP User Guide (linked below).

Each year, the LDE sets a schedule for the submission of PEP data. There are two data collections; one
that captures the budgeted salary information as of October 1 and another that captures the actual salary
information as of June 30. The procedures for both the October data submission and the June data
submission are the same – the system allows for continuous data submissions before the deadline for the
final, error-free submission. Once the PEP data submission has been finalized, school systems must
download the final reports, verify and save copies of them, and submit a statement of affirmation to LDE.
The most current version of the PEP timeline is posted on the Division of Planning, Analysis, and
Information Resources PEP website at: http://www.doe.louisiana.gov/lde/pair/1214.html. On the same
website, the Division has made a PEP User Guide available. The document can be accessed at:
http://www.doe.louisiana.gov/lde/uploads/9672.pdf, and provides an in-depth explanation of the
submission process.
CONTACTS:
• Bernadette McLaurin, Education Information Consultant, Data Management Section, Division of
Data Management, Planning, Analysis and Information Resources, Office of Management and
Finance, LDE (225) 342-1167; bernadette.mclaurin@la.gov
• David Kibbe, Education Information Consultant, Data Management Section, Division of Data
Management, Planning, Analysis and Information Resources, Office of Management and Finance,
LDE (225) 342-4817; david.kibbe@la.gov

h. Student Transcript System (STS)


The Student Transcript System (STS) electronically collects detailed transcript data on Louisiana High
School students in public and nonpublic high schools, including charter schools. All diploma-bound high
school students from Louisiana public and nonpublic schools, including independent charter, laboratory,
and state schools are to be submitted. Students in grades 9, 10, 11, and 12 must be included. Each
student’s entire high school transcript is submitted, including course code, letter grade, credit earned, etc.
STS records consist of one Student Record per student and several Transcript Records per student, one
for each class. This data is then transferred to the Louisiana Department of Education (LDE), the Office of
Student Financial Assistance (OSFA), and the Board of Regents. Although data may be submitted to STS
throughout the year, there are three points at which it is important to have transcript data as accurate and
complete as possible. February 15th is the deadline for submitting mid-year data (after the fall semester).
Graduate data must be submitted by June 15th. Transcripts for all other high school students are required
by September 15th. Data will be extracted on the first workday following the 15th, and STS will be
unavailable during the time these extracts are being run. Once final transcripts are successfully submitted
and processed and school and district officials have reviewed all STS reports, districts must log on and
certify their graduate data is ready for evaluation by OSFA.

Please note, STS data directly impacts the Tuition Opportunity Program for Students (TOPS). TOPS core
course tables are maintained in STS, which calculates the overall and core GPAs and determines

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progress toward achieving core. This information is provided to OSFA, which combines this data with data
from the FAFSA application and from ACT to make the final determination of TOPS awards. In addition,
the extracts of STS data provided to the Board of Regents are in turn made available to colleges and
universities to assist in recruiting and pre-admission decisions.

For further information, visit the Division of Planning, Analysis, and Information Resources STS website
at: http://www.doe.louisiana.gov/lde/pair/1216.html. For details on submission procedures and other
information, you may access the STS User Guide at: http://www.doe.louisiana.gov/lde/uploads/1337.pdf.
In addition, if you are able to pull together a meeting of several data managers, the contacts below may
be available to join the meeting and offer guidance.
CONTACTS:
• Adrian Franklin, Education Information Consultant, Data Management Section, Division of Planning,
Analysis, and Information Resources, Office of Management and Finance, LDE (225) 342-2089;
adrian.franklin@la.gov
• Dwayne Fontenot, Education Information Consultant, Data Management Section, Division of
Planning, Analysis, and Information Resources, Office of Management and Finance, LDE (225)
342-2505; dwayne.fontenot@la.gov
• John Fielding, Education Information Consultant, Data Management Section, Division of Planning,
Analysis, and Information Resources, Office of Management and Finance, LDE (225) 342-1830;
john.fielding@la.gov

2. FINANCIAL REPORTING REQUIREMENTS


Annual Independent Audit
Each Louisiana charter school is required by law to conduct an annual independent financial audit to be
submitted to the authorizer and the state. Type 1,3, and 4 charter schools are audited annually as part of
their parent school board and are subjected to the rules and regulations of the school board. Type 2 and
5 charter schools are audited as separate entities, and must be audited annually.

Every Type 2 and Type 5 charter school should hire an independent certified public accountant (CPA) to
conduct an annual fiscal audit of all school financial records, including the balance sheet, cash flow
statement and income statement. Additionally, the CPA will audit the school’s journal entries, payroll and
record/receipt filing systems. Funding for auditing services should be included in your school’s financial
plan. An audit can cost anywhere from $4,000 to $16,000, depending on the size and complexity of your
school’s financial information. Do your best to find a CPA with charter school experience. Talk to other
charter leaders or contact NSNO for possible recommendations.

General Guidelines
• An independent and licensed Certified Public Accountant should perform the audit.
• The audits should be conducted in accordance with generally accepted auditing standards and
Government Auditing Standards, issued by the Comptroller General of the United States.
• A school district’s computerized fiscal data is not accepted as complete by the LDE until the district
has adequately corrected or resolved MFP audit questions regarding the data and the parish/city
school district superintendent has subsequently provided written certification of the accuracy and
completeness of final data for the fiscal year.
• The financial statements should be prepared on the accrual basis of accounting in accordance with
generally accepted accounting principles for non-profit organizations.
• All statements required by Financial Accounting Standards Board (FASB) Statement No. 117,
Financial Statements of Not-for-Profit Organizations, should be presented, including a Statement of
Financial Position, Statement of Activities, Statement of Cash Flows and Statement of Functional
Expenses. Required note disclosures and others that are deemed appropriate should be included.

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• When applicable, the auditor should prepare and submit a management letter. A copy of the
management letter should be submitted with the financial statements, as well as the school’s
corrective action plan to address any weaknesses identified in the report or the management letter.

The Louisiana Governmental Audit Guide (www.lla.state.la.us/techasst/lagag2.pdf) features a section


specifically geared toward the audit requirements for schools. The Louisiana Legislative Auditor (LLA) has
produced a document that goes into great detail on the proper auditing practices and procedures for
schools. The School Activity Accounts Guide: Accounting, Auditing, and Financial Reporting is available
by visiting http://app1.lla.state.la.us/PublicReports.nsf and clicking on “School Activity Accounts Guide” or
the PDF version of the document can be accessed directly at:
http://www.lla.state.la.us/techasst/school.pdf. The LLA Office offers a number of resources and
documents that will be necessary for completing your school audit. Make sure your hired auditor visits
http://app1.lla.state.la.us/PublicReports.nsf and explores all available information under the “CPA
Assistance” tab.

In general, any local auditee (charter school) that receives $500,000 or more in revenues and other
sources (other sources would include additions to fiduciary funds) in any one fiscal year must
have an A-133 audit performed by their auditor. There are some exceptional cases that change the
auditing requirements. The following comes from the Louisiana Governmental Audit Guide referenced
above. Although rare, it is important to make sure that your school is not one of these exceptions:
i. Any local auditee that receives $50,000 or less in revenues and other sources (other sources would
include additions to fiduciary funds) in any one fiscal year shall not be required to have an audit,
but must file a certification with the legislative auditor indicating that it received $50,000 or less in
funds for the fiscal year. The auditee shall annually file with the legislative auditor sworn financial
statements as required by R. S. 24:514. (Grants from the Governor’s Office of Rural Development
shall not be used in computing the revenue and other source threshold.) However, the legislative
auditor, at his discretion, may require said local auditee to have an audit of its books and accounts.
ii. Not withstanding the provisions of R.S. 24:514, any local auditee that receives more than $50,000
in revenues and other sources (other sources would include additions to fiduciary funds) in any one
fiscal year, but less than $200,000, shall caused to be conducted an annual compilation of its
financial statements, with or without footnotes in accordance with the Louisiana Governmental Audit
Guide. However, the legislative auditor, at his discretion, may require said local auditee to have an
audit of its books and accounts.
iii. Any local auditee that receives $200,000 or more in revenues and other sources (other sources
would include additions to fiduciary funds) in any one fiscal year, but less than $500,000, shall
cause to be conducted an annual review of its financial statements to be accompanied by an
attestation report in accordance with the Louisiana Governmental Audit Guide. However, the
legislative auditor, at his discretion, may require said local auditee to have an audit of its books and
accounts.

Best Practices
• The importance of comprehensive, accurate recordkeeping cannot be stressed enough, especially
in relation to the annual financial audit. Not only will you save on auditing time and costs, you will
also greatly reduce staff time required to participate in the audit process.
• Keep comprehensive documentation for purchases of more than $10,000.
• Don’t forget to track the allocation of program, fundraising and administrative time separately for
staff who are wearing multiple hats. This is especially important come audit time.
• If you started collecting funds on behalf of the school before the start of the fiscal year prior to when
the charter school “officially” opened its doors, you will still be subject to an audit.
• If you have a “Friends Of” organization, this entity must be audited separately from the school.

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Federal Public Charter School Program Grant (PCSP)
Reports are due within 90 days of the end of the project, although in certain cases the Department of
Education program manager may impose earlier due dates.

Combined Application
At the termination of your Combined Application funding, a Periodic Expense Report (PER) is due. This
report is submitted through eGMS (in the “payments” section) after the submission of the final
reimbursement claim and establishes the carry over balances.

Private Funds
Reporting requirements will vary according to the funding source. Please check with individual funders to
ensure you are in compliance with their reporting requirements.

3. TAX REPORTING REQUIREMENTS


All federal, state and city income tax forms (including Form 990, which is the IRS annual tax return form
for non-profit organizations) should be handled by your accountant, with the exception of:
• Form 1099 / Form 1096: Form 1099 is issued to any independent contractor who has been paid
more than $600 in a year by the school. The school must provide these forms to all
individuals/LLCs/LLPs who performed services. Additionally, you must submit Form 1096 to the
IRS, which lists every entity to whom/which you issued a 1099 and also gives the totals of fees paid.
Form 1099 must be postmarked by January 31; Form 1096 must be postmarked by the last day of
the month of February.
• Payroll Tax: Payroll tax filings, including W-2 forms issued to employees, should be handled by
your payroll agency (i.e., ADP, Paychex). However, please keep in mind that the school bears
ultimate liability for ensuring that W-2 forms are correct before they are distributed by reconciling
payroll reports with entries in your accounting system. W-2 forms must be postmarked to employees
by January 31.

Best Practice
If you choose to switch payroll vendors, start at the beginning of a new calendar year. Otherwise, you
risk a lack of continuity in your tax records and filings.

4. SUSPECTED CHILD ABUSE REPORTING REQUIREMENTS


The Louisiana Children’s Code provides the following definitions of abuse and neglect:
Abuse means any of the following acts which seriously endanger the physical, mental, or emotional
health and safety of the child:
• The infliction, attempted infliction, or as a result of inadequate supervision, the allowance of the
infliction or attempted infliction of physical or mental injury upon the child by a parent or any other
person.
• The exploitation or overwork of a child by a parent or any other person.
• The involvement of the child in any sexual act with a parent or any other person, or the aiding or
toleration by the parent or the caretaker of the child’s sexual involvement with any other person or of
the child’s involvement in pornographic displays, or any other involvement of a child in sexual
activity constituting a crime under the laws of this state.
Neglect means the unreasonable refusal or failure of a parent or caretaker to supply the child with
necessary food, clothing, shelter, care, treatment, or counseling for injury, illness, or condition of the child,
as a result of which the child’s physical, mental, or emotional health and safety is substantially threatened

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or impaired. Neglect includes prenatal neglect – the unlawful use by a mother during pregnancy of a
controlled dangerous substance that results in symptoms of withdrawal in the infant or the presence of a
controlled substance in the infant’s body.

The first step in helping abused or neglected children is learning to recognize the signs of child abuse and
neglect. The presence of a single sign does not prove child abuse is occurring in a family; however, when
these signs appear repeatedly or in combination you should take a closer look at the situation and
consider the possibility of child abuse. For more information about the signs and symptoms of child abuse
or neglect, visit: http://www.childwelfare.gov/pubs/factsheets/signs.cfm.

All school personnel are considered mandated reporters under Louisiana law. Mandated reporters are
certain professionals that are required by law to report suspected child abuse or neglect to the Louisiana
DSS Office of Community Services. There may be civil and criminal liability assigned to those
professionals who do not comply with their mandated reporter responsibilities. Mandated reporters
include but are not limited to: any person who provides training and supervision of a child, including any
public or private teacher, teacher’s aide, instructional aide, school principal, school staff member, social
worker, psychiatrist, psychologist, counselor, licensed nurse, or nursing aide.

If you suspect a child is being harmed, you must, as a mandated reporter, immediately contact the
Child Protection Hotline or the local parish office of the Office of Community Services. For Orleans
Parish, the Child Protection Hotline is (504) 680-9000 or (504) 680-9001. Once this phone call is made,
the reporter has 24 hours to file OCS Form CPI-2. This form is available at:
http://www.dss.state.la.us/Documents/OCS/CPI-2.pdf.

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8
Academic Assessments

The federal No Child Left Behind (NCLB) Act requires statewide testing on core academic subjects.
Louisiana, like all states, instituted its own high stakes criteria tests in the mid-1990’s and has refined
them over the years. Students are tested nine different times throughout the course of their elementary
and secondary education. Only the tests administered in grade 4, 8, 10 and 11 serve as barrier tests with
respect to promotion. The purpose of all the tests is to provide an opportunity for students to demonstrate
their mastery of the major content areas. Accommodations are made for special education students and
students with limited English proficiency. Different tests are administered for students with physical
disabilities, and at the secondary level there is a separate set of tests for students who will earn a
certificate of achievement rather than a high school degree.

While charter schools are exempt from some state-mandated obligations, they are still required to
administer Louisiana Assessments in keeping with federal No Child Left Behind (NCLB) policies.

NSNO encourages schools to view mandated assessments as tools to identify specific student skill gaps
and tailor instruction accordingly. Numerous resources are available through the LDE Department of
Standards Assessment and Accountability to help schools understand how to use assessments to make
data-driven decisions that improve the overall level of instruction. We encourage all charter leaders to
seek out professional development opportunities regarding assessment in order to make test
administration and test taking a value-added activity rather than a perceived burden. This chapter
addresses the Elementary and Secondary level tests and test administration procedures.

NO CHILD LEFT BEHIND AND ADEQUATE YEARLY PROGRESS


The No Child Left Behind (NCLB) Act of 2001 is a federal law intended to improve education for all
children. Its primary tenets are to hold schools responsible for academic results, give parents greater
choice in terms of choosing where their child is educated, and promote best practices in classroom
instruction.

NCLB uses a metric known as Adequate Yearly Progress (AYP) as a benchmark for determining
whether students are reaching proficiency in core skill areas such as reading/English language arts (ELA)
and math. Each state is then responsible for defining what constitutes AYP for their public/charter schools
and districts. Louisiana defines “proficiency” as performance at the Basic level on its criteria tests.

AYP is determined at the district and school levels, both for all students on each grade level and for
disaggregated subgroups of students, including major racial/ethnic groups (Asian, African American,
Hispanic, Native American, and Caucasian), the economically disadvantaged, English language learners
and special education students.

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If a school or a district does not make AYP for two consecutive years in the same subject and grade, it
will be identified as in need of improvement and required to offer public school choice (i.e., parents may
transfer their children out of the school/district at will) and supplemental educational services to eligible
students. In addition, the school will be subject to a loss of flexibility in use of funds and/or have funding
deferred or reduced. Schools and districts that do make AYP are recognized as either “high performing”
or “rapidly improving.”

TESTING REQUIREMENTS
NCLB requires that state assessments be aligned to state content standards and that states
communicate student results in terms of their own achievement levels. The current Louisiana state
assessment program uses two types of assessments: criterion-referenced tests given at grades 4 and 8
(LEAP), and grades 10 and 11 (GEE) and norm-referenced tests administered in grades 3, 5, 6, 7, and
9 (iLeap).

Before the Tests


Make sure that you have received the latest LDE testing memorandum and teacher guides. These are
custom-issued for every examination and provide all necessary information on when and how tests are to
be administered and documents returned. The teacher guides for each assessment are posted online at:
http://www.doe.state.la.us/lde/saa/1341.html.

Best Practice
Charter school leaders recommend designating a specific staff member to serve as Testing
Coordinator. This person will be the point of contact for any questions pertaining to assessment and will
be responsible for proactively ensuring that your school is in compliance with testing calendars,
materials receipt, materials collection, accommodations, etc. His/her duties should also include
checking the LDE Assessment and Accountability website regularly for any updates that have not been
distributed to schools and attending testing trainings offered by the state, region, or RSD.

Advance preparation is the key to making sure that test day runs smoothly:
• Make sure that parents know the testing schedule so that students will be in school and on time
the day of the test.
• If you will have more than one room of students in a grade being tested, make the appropriate
number of copies of the administrator guide – only one copy is provided per grade. Once you
have made these copies, return them to the original package and reseal the contents.
• As soon as you know which students will be taking a test, assign rooms and proctors.
• Take the answer forms and sort them by room. Make sure you have one per student assigned to
that room. Place these forms in a zip-lock bag along with the appropriate administrator guide,
header sheet, and the Test Material Security Form that the proctor must fill out. After the materials
have been sorted, return them to locked storage.
• Make sure that you identify all students who require testing accommodations and prepare for
what they will need in the room on testing day. If any additional equipment is required, make sure it
is booked and scheduled to be delivered to the correct room.

LEAP
Louisiana's criterion-referenced testing program for grades 4 and 8 is known as LEAP. These criterion-
referenced tests in English language arts, mathematics, science, and social studies assess student
performance relative to specific benchmarks established in the state’s content standards and provide data
for evaluating student, school, and district performance. The tests assess a student’s complex thinking
skills as well as knowledge and application of information.

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Chapter 8: Academic Assessments
These high-stakes tests are tied to promotional policy for grades 4 and 8. Grade 4 students will be
required to score Basic or above on either the English language arts or the mathematics test and
Approaching Basic or above on the other test to progress to grade 5. Grade 8 students are required to
score Basic or above on either the English language arts or the mathematics test and Approaching Basic
or above on the other test to progress to grade 9. Intensive summer remediation must be offered for
students who do not score at the achievement level required for promotion, and those students must have
the opportunity to retest after remediation concludes in the summer. If they still do not pass, they must
repeat either the grade 4 or grade 8.

GEE
The Graduation Exit Examination (GEE) is administered in grades 10 and 11. This test requires that
high school students demonstrate the sufficient knowledge and skills necessary to be eligible for a
standard high school diploma. Students in 11th grade are required to score Approaching Basic or above
on the English language arts and mathematics tests and on either the science or the social studies test to
be eligible for a standard high school diploma. GEE students who do not score at the required
achievement level are given retest opportunities in the summer and in the fall. If they still do not pass,
they must repeat either the grade 10 or grade 11.

For both the LEAP and GEE tests students receive one of the following five achievement ratings:
• Advanced: A student at this level has demonstrated superior performance beyond the proficient
level of mastery.
• Mastery: A student at this level has demonstrated competency over challenging subject matter and
is well prepared for the next level of schooling.
• Basic: A student at this level has demonstrated only the fundamental knowledge and skills needed
for the next level of schooling.
• Approaching Basic: A student at this level has only partially demonstrated the fundamental
knowledge and skills needed for the next level of schooling.
• Unsatisfactory: A student at this level has not demonstrated the fundamental knowledge and skills
needed for the next level of schooling.

iLEAP
The iLEAP is referred to as an integrated LEAP because Louisiana combines a norm-referenced test
(NRT) and a criterion-referenced test (CRT). The iLEAP replaces Louisiana’s norm-referenced tests with
a survey battery (short form) of the Iowa Tests in English language arts and mathematics at grades 3, 5,
6, and 7. At grade 9, the NRT component of iLEAP includes the core battery of the Iowa Tests, with the
exception of Math Computation. The NRT is augmented with a CRT component that measures the state
standards not measured on the Iowa Tests.

Best Practice
The LDE Division and Standards Assessments and Accountability has developed several web-based
systems to help prepare students for LEAP, GEE and iLEAP. The programs, which are designed to
assist administrators, teachers, and parents as well, include the PASS system and Newton’s
Classroom. You can access PASS and Newton’s Classroom online at www.louisianapass.org. You will
also find a link to the website at www.nolapublicschools.net. In addition, the LDE has set up a LEAP
helpline in past years, with tutors available by phone in the weeks before the test. Contact the Division
and Standards Assessments and Accountability for more information.

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LEAP Alternate Assessments (LAA) Program
The LAA-1 and LAA-2 have been developed for students with disabilities who cannot participate in
regular state assessments and are progressing toward a Certificate of Achievement rather than a high
school diploma. They are performance-based student assessments that evaluate each eligible special
education student’s knowledge and skills in targeted areas. They are “on-demand” assessments, which
means the test administrator directs the student to perform a specific task and then scores the student’s
performance after the task is completed.
LAA-1
The LEAP Alternative Assessment Level 1 (LAA-1) is aligned with selected standards in four content
areas: English language arts, mathematics, social studies, and science. It is administered in grades 3
through 11. Target indicators form the basis of the LAA-1. A target indicator is the behavior being
measured as the student performs a set of specific skills during assessment. These indicators represent
the Louisiana Content Standards that most directly reflect the core skills students with significant
disabilities will need as they progress through childhood and enter adulthood. There are 20 target
indicators developed for the LAA-1 to indicate how students with significant disabilities could address the
content standards:
• 5 from English language arts,
• 5 from mathematics,
• 6 from social studies, and
• 4 from science
Each target indicator is identified according to three levels of difficulty or required participation:
• Introductory,
• Fundamental, and
• Comprehensive
On the LAA-1, two target indicators in each content area have two state-specified skills for each
participation level. Students must be assessed on these state-specified skills at the appropriate
participation level as determined by the test administrator. For the remaining target indicators, the test
administrator selects the participation level and determines the skill to be assessed. These skills are
referred to as teacher-specified skills.

LAA-2
The LEAP Alternate Assessment Level 2 (LAA-2) is designed for students whose IEP reflects a
functioning grade level in English language arts (including reading) and/or mathematics that is at least
three (3) grade levels below the actual grade level in which they are enrolled. The student’s instructional
program must be predominantly academic in nature. In order for a student to be eligible for the LAA-2, the
IEP team must annually complete a LAA-2 Participation Criteria Form in its entirety and be able to provide
supporting documentation.

The following table summarizes the above information.


Grade 3 4 5 6 7 8 9 10 11

Test Name iLeap LEAP iLeap iLeap iLeap LEAP iLeap GEE GEE

Subject Area ELA ELA ELA ELA ELA ELA ELA ELA ELA
Math Math Math Math Math Math Math Math Math
Science Science Science
Social Social Social
Studies Studies Studies

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English Language Development Assessment (ELDA)
The No Child Left Behind (NCLB) Act requires states to annually assess English proficiency in listening,
speaking, reading, writing, and comprehension and to report annual progress or attainment of English
proficiency for all students identified as Limited English Proficient (LEP) in kindergarten through grade 12.
The English Language Development Assessment (ELDA) is aligned to Louisiana’s English language
development standards and is a series of un-timed tests that measure annual progress in English
language skills of these students. The assessment, usually administered in the spring, consists of
inventories (grades K, 1-2) and separate tests (grades 3-5, 6-8, and 9-12). The K-2 inventories are critical
tools designed to help teachers recognize, diagnose and address language development issues early so
that students are more likely to succeed on the later tests. The 3-12 tests assess both academic and
school/social environment language of students. Scores are provided in listening, speaking, reading,
writing, and comprehension, as well as a composite score that is calculated from all of the required
domains. Individual student scores indicate one of five possible proficiency levels, ranging from pre-
functional to fully English proficient. This is the test they must pass in order to move into general English
language classes. The ELDA is sent to a school’s test coordinator and the same security requirements
mandated for the other accountability tests (i.e., LEAP and GEE) must be followed. To order the tests,
please contact your District Testing Coordinator. For questions regarding the administration of the ELDA,
contact Leslie Lightbourne, Education Program Consultant at the LDE’s Division of Standards,
Assessments, and Accountability at (225) 342-3404 or leslie.lightbourne@la.gov. Additional test
information is available at: http://www.ccsso.org/projects/ELDA/.

Questions or requests for additional resources regarding the above testing information should be
addressed to the Division of Student Standards and Assessments, Louisiana Department of Education at
(225) 342-3393 or toll free at (877) 453-2721.

For a complete testing schedule of all assessments visit: http://www.doe.state.la.us/lde/saa/781.html.

A charter school’s performance against State and Federal School Accountability Standards is determined
the same way as any other public school and includes the School Performance Score (SPS), Assessment
Index Baseline, SPS Assessment Index Growth and Adequate Yearly Progress (AYP). The assessment
data (unless specified) are from the prior school year.

In the charter school’s first year of operation the LDE will calculate a School Performance Score (SPS)
based on the prior-year results of students attending a new charter school. This information is for
diagnostic purposes only and is designed to provide the school with a baseline against which to measure
future years’ improvement. In subsequent years the SPS Assessment Index is to be 80.0 or above.

TEST ADMINISTRATION

Test Administration
It is VERY IMPORTANT to follow proper test administration procedures. Not only is your school subject to
surprise audits by city, regional and state testing officials but your students’ scores may be invalidated if
tests are administered incorrectly.

The following important test administration guidelines are excerpted from the LDE Test Administration
Handbook. A full version may be accessed at: http://www.doe.state.la.us/lde/saa/1084.html and in Bulletin
118 which can be downloaded from the LDE website.

Security Issues and Procedures


In order to maintain the integrity of each test administration, all security procedures, instructions, and
schedules must be strictly observed without deviation:

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• Test booklets, answer documents, and other secure materials must never be left in open areas or
unattended. Test administrators must not be given access to secure test materials (test booklets,
answer documents, writing topics, other secure materials) before the test administration day.
• Test administrators must be given the Test Administration Manual before testing to allow
them ample time to study the directions for correct test administration.
• Test administrators should also have a period before testing, supervised by the School Test
Coordinator, to affix labels and to hand-code student information on the answer documents. Test
administrators must not review test items while they are coding and labeling answer documents.
• The Test Coordinator will assign each test administrator a TA number.
• Test booklets have security numbers in the upper right corner on the back covers; answer
documents have security numbers on the back cover, alongside the barcode. The security numbers
are used to inventory and identify individual documents. Security numbers on test booklets and
answer documents do not match each other.
• Coordinators and test administrators are required to sign the Oath of Security and Confidentiality
Statement after testing is completed, assuring that security and test administration procedures were
followed.
• Unless otherwise instructed, all test booklets must be returned to the LDE immediately after test
administration on the dates indicated in test memoranda.
• No one may take test materials out of the school except to transport them directly from one
Department of Education building to another.
• Unless otherwise instructed, no form of any test may be used for practice or test preparation.
• Tests may not be distributed to proctors for administration until the morning of the test.
• Test results will be reviewed to ascertain possible security violations. In the event that it is
determined a serious security violation has occurred, it may be necessary to declare results invalid
and possibly retest students.

Handling Test Materials


Test materials must be secured in a locked facility when they are first received and also after the
completion of the day’s testing. The security of test materials in the school is the responsibility of the
building principal.

Reminders for Administrators


It is the principal’s responsibility to make sure that all secure testing procedures are followed as described
in all testing memoranda. Principals should review all test procedures with staff and make sure of the
following:
• All bulletin boards/materials that pertain to the test have been covered or removed.
• All tests have been counted out properly.
• All pre-slugged answer documents are given to the correct test administrator.
• At the completion of the test administration, all test answer documents and test booklets are
collected from staff members.
• After the test administration is complete, every test booklet has been accounted for, placed in a
carton, and put in a secure, locked facility.
• Test administrators and principals have signed the Oath of Security and Confidentiality Statement.
• The Oath of Security and Confidentiality Statement and the packing slip have been included with
the answer documents that are to be delivered to the Regional Office.
• All test materials must be returned to the specified LDE location by the time indicated in testing
memoranda.

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Accommodations: Special Education
In order for testing results to be valid, it is essential that administrators and proctors are aware of any
testing accommodations indicated in a student’s IEP or Section 504 Plan. Common testing
accommodations include:
• Extended testing time
• Separate seating
• Use of calculator
• Revised test directions
• Use of spelling/grammar check
You must be sure that all test modifications have been provided as indicated on a student’s IEP or
Section 504 Plan, and that all students who need glasses, hearing aids, etc. have them before the start of
the test.

Accommodations: English Language Learners


Directions may be translated into another language if the student is a designated English Language
Learner (ELL) and there is no translated version of the test available.

OTHER ASSESSMENTS
The Louisiana Department of Education encourages the use of supplemental, non-required assessments
as tools for measuring student progress and tailoring instruction to meet individual student needs. If your
school’s charter agreement states that you will conduct interim assessments of any kind, you must
comply or you will be in breach of your charter. Two interim assessments that have been endorsed by
other charter schools across the nation are listed below.

Princeton Review Interim Assessments


These formative assessments can be given 2-3 times per year for all students in grades 3–8 in math and
ELA and can be administered online or on paper, depending upon school capacity. Reports for online
assessments are available one day after testing; reports for paper testing are available within five working
days. These reports are linked to thousands of instructional resources by specific standards and learning
objectives as well as to professional resources intended to support the use of data-driven instruction. For
more information about the Princeton Review Interim Assessments, please visit:
http://schools.nyc.gov/daa/InterimAssessments/default.asp.

ECLAS-2
ECLAS-2 (Early Childhood Literacy Assessment System) is a tool designed to help early childhood
teachers look at each student’s progress in learning the skills necessary to read and write. Teachers use
the results of ECLAS-2 to tailor instruction to meet the literacy needs of each student. All students in
kindergarten through grade 3 may take ECLAS-2, which consists of two parts: the ECLAS-2 Kit and E-
PAL (Early Performance Assessment in Language Arts) for Grades 2 and 3. For more information about
ECLAS-2, please visit: http://schools.nyc.gov/daa/InterimAssessments/eclas-2/default.asp.

LINKS TO USEFUL RESOURCES AND WEBSITES


• Charter School Accountability: A Guide to Issues and Options for Charter Authorizers. Public
Impact. Available at: http://www.uscharterschools.org/gb/account_auth.
• Charter School Accountability Action Guide. Jennifer Nahas and Roblyn Brigham. Massachusetts
Charter School Resource Center. Available at: http://www.pioneerinstitute.org/pdf/acctguide.pdf.

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9
Student Health and Safety

Under the Louisiana Charter Schools Act, charter schools are subject to all applicable education laws
affecting the health and safety of students. This chapter covers the provision of health and counseling
services, school emergency prevention and response, and the handling of school disciplinary issues.
These items are outlined in a chart at the beginning of this chapter. At a minimum, charter schools must
ensure that their students receive state-mandated health assessments and immunizations, maintain
necessary health records, and make provisions for nursing or comparable health services to students.

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Chapter 9: Student Health and Safety
1. STUDENT HEALTH
Nursing Services
Your school is required to provide nursing services for your students. In addition to providing a variety of
different health screenings (detailed below) and intervention for students who are sick during school
hours, the school nurse is also responsible for the supervision and implementation of school policies for
the administration of medications to ensure the safety, health, and welfare of the students. If your school
serves special education students with specific medical needs, having a nurse on-site makes it much
easier to comply with elements of a student’s IEP. Remember, a healthy child learns better.

School nurses are required to meet the certification standards listed in Bulletin 746
(http://www.doa.louisiana.gov/osr/lac/28v131/28v131.doc), Louisiana Standards for State Certification of
School Personnel. Applicants must hold a current license as a registered professional nurse (RN) in the
state of Louisiana. Nurses classified as “licensed professional nurses” (LPNs) do not meet this criteria.
While your enrollment numbers and financial resources may not allow you to hire a full-time nurse, you
should talk with other charters in the city and explore the possibility of sharing the services of a nurse
between two schools. You may also explore the possibility of hiring a part-time nurse, but must make sure
there is a staff member that can attend to students’ medical needs when the nurse is not in the building. If
this is the case, it may be prudent to keep some sort of emergency care guide on the premises. One such
guide is published by the Ohio Department of Health, available at:
http://www.schoolhealth.org/content/Emergency Guidelines for Schools 2-2007.pdf. Several other nursing
resources are available through the LDE’s Division of Educational Improvement and Assistance website
at http://www.doe.state.la.us/lde/eia/1666.html.

For assistance with the process of hiring a school nurse, contact Marilyn Hammett, Coordinator of Health
Services at RSD for (504) 373-6200 x20071, or marilyn.hammett@rsdla.net.

a. Facility Requirements
Regardless of whether your school has a full-time nurse or shares the services of a nurse with other
schools, you should have an appropriate room set aside for nursing services. Features to be included are:
• Sufficient square footage to house all necessary equipment
• Hot and cold water
• Floor-to-ceiling walls
• No through-traffic
• Telephone
• Heat and air conditioning
• An off-corridor room to be used as a waiting area (strongly recommended)
The nurse’s station must also be able to house a computer that will allow the nurse to access and update
student records.

b. Special Education Nursing Services


In order to meet the educational needs of a special education student, health services are often needed
to promote health and prevent disease. Questions about receiving nursing services for a special
education student should be directed to the LDE’s Division of Educational Improvement and Assistance
at: http://www.doe.state.la.us/lde/eia/1666.html.

c. Students with Acute Medical Conditions


The school nurse should have emergency care plans and/or general health care plan on file at the school
for any student with an acute medical condition. This includes students with asthma. LDE provides a
variety of resources on this topic; contact Marilyn Hammett, Coordinator of Health Services at RSD for
(504) 373-6200 x20071, or marilyn.hammett@rsdla.net for more information.

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Immunizations
By state law and administrative regulation §1121, all students must have proof of evidence of
immunity to or immunization against vaccine-preventable diseases at the time they register for
school. The immunization schedule is developed by the Department of Health and Hospitals (DHH) and
is accessible on the Internet (see details below). Students who are new to your school have 14 days to
acquire these immunizations and provide appropriate documentation. When a sequence of immunizations
is required, students may attend school after receiving the first immunization; however, if they do not
receive subsequent immunizations within a reasonable time, they must be excluded from school
attendance until the immunizations are complete. A student transferring from another LEA, whether in or
out of state, is required to provide one of the following: a certificate of immunization, a letter from his or
her personal physician, a notice from a public health clinic indicating the necessary immunizations have
been performed, or a statement that such immunizations are in progress. The school principal is required
under R.S. 17:170 to exclude children from school attendance who are out of compliance with the
immunizations required by law.

Parents or guardians must be instructed to bring immunization information to school. If the parent or
guardian does not have proof of immunization, it is likely your students will have their immunization
records on file with the Louisiana Immunization Network for Kids Statewide (LINKS). Louisiana’s first
electronic immunization information registry, LINKS is a web-based immunization tracking system that
currently holds information for millions of patients, representing immunization records for approximately
80% of all children 0-6 years of age in the state. The database can be accessed at:
https://linksweb.oph.dhh.louisiana.gov/linksweb/main.jsp. To sign up your school for access to the LINKS
registry and receive relevant training, contact Patricia Drake at the Department of Health and Hospitals at
(504) 599-0128 or pdrake@dhh.la.gov. If the child’s immunization records are not on file in the LINKS
registry, you must direct the parent to the child’s private physician or local health clinic for the shots. For
assistance with this process, contact the Department of Health and Hospitals at (504) 838-5300.

If you encounter parents that have firm moral, religious, or medical objections to immunization, contact
the Department of Health and Hospitals immediately for advice. In general, those with medical objections
are required to submit an explanatory letter signed by the physician. Parents with moral or religious
objections must submit a signed, notarized letter explaining their position. These documents must be re-
filed annually. In the event of any sort of outbreak or the onset of any symptoms, requirements mandate
that any student without immunizations be removed immediately from the school environment for the
duration of the threat and/or symptoms. Parents must understand this consequence.

Immunization requirements for school entrance and attendance are updated annually. To access these
requirements, go to https://linksweb.oph.dhh.louisiana.gov/linksweb/main.jsp, click on the “Document
Center” icon, and look for the “Immunization Schedule.” The schedule for the 2008-2009 school year is
directly available at: https://linksweb.oph.dhh.louisiana.gov/linksweb/docs/IMM_SCHDL_08_09.pdf.

Once your school has access to the LINKS registry, each student’s immunization records must be
registered and/or updated in the system on an annual basis. Data is entered online (usually by the
school nurse or a designated member of the school’s administrative staff), and allows for your school’s
overall immunization report to be filed with the DHH.

In addition, NSNO recommends that all information about medical examinations and
immunizations be put into the automated student information system used by your school.

Health Screenings
Louisiana Law 17:2112 and Administrative Regulation 1191 require elementary schools to provide
specific health screenings for students at specific intervals. Vision and hearing screenings must be
conducted for all students at the following grade levels: Pre-K, kindergarten, 1, 3, 5, 7, and 9. Testing for

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Chapter 9: Student Health and Safety
colorblindness is required one time, in Pre-K, kindergarten, or grade 1. Scoliosis testing must be
st nd
conducted at grades 4 and 6. Overall dental health must be checked in 1 and 2 grade, and students in
th th
9 and 11 grades must be instructed in the Breast Self-Exam (BSE). Students also must be screened for
height and weight on an annual basis in the elementary school years. More complex screenings may be
necessary for students with documented health conditions. The results of all screenings must become a
part of each student’s permanent record. If you have students who began their elementary education
elsewhere, you will need to request these records from that school and keep the information on file.
Screenings must be conducted by a Registered Nurse (RN) (may be your school nurse) or designated
personnel that have been trained by a RN. If screenings show that a student may have any defect of sight
or hearing or indicate an issue with scoliosis or dental health, your school is required to notify the parent
or guardian in writing and follow up on the deficiencies noted within 60 days. For more information about
the required health screenings, contact Marilyn Hammett, Health Services Coordinator for RSD at (504)
373-6200 x20071 or marilyn.hammett@rsdla.net. You may also refer to the website for the National
Association of School Nurses at http://www.nasn.org.

Administration of Medicine
Two groups of students may require medication administration during the school day. The first is children
in special education whose need for medication is recorded in their IEPs. The second group is covered
under Section 504 of the Federal Disabilities Act. These students must submit a Medication
Administration Permission Form (MAF).

For those children needing medication administered during the day (for instance, children who suffer from
asthma), an MAF must be completed by the child’s physician, detailing the required medications and any
other necessary accommodations. Parents should bring the completed form to the school. The school
nurse will review the form and the physician’s orders will be implemented.

For children below the fifth grade, the school nurse should store and administer the medication. Older
students should be evaluated for their ability to carry and self-administer their medication. All schools
must have a space designated for storage of student medication.

Required Information
The state has developed regulations for school administrators (see Bulletin 741:
http://www.doa.louisiana.gov/osr/lac/28v115/28v115.doc) to follow when administering medication to
students. In addition, they have outlined the necessary approval forms that need to be filed on-site. The
requirements are summarized below:
• Medication shall not be administered to any student without written notification from a dentist or
physician licensed in Louisiana or an adjacent state; the written information must include the
following:
a. the student’s name;
b. the name and signature of the physician/dentist;
c. the physician’s/dentist’s business address, office phone number and emergency contact
information;
d. the frequency and time of the medication;
e. the route and dosage of the medication; and
f. a written statement of the desired effects and the child-specific potential for adverse effects.
• Medication shall be provided to the school by the parent or guardian in a container that meets
acceptable pharmaceutical standards and has the following information listed on the label:
a. name of pharmacy;
b. address and telephone number of pharmacy;
c. prescription number;

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d. date dispensed;
e. name of student;
f. clear directions for use, including the route, frequency, and other as indicated;
g. drug name and strength;
h. last name and first initial of pharmacist;
i. cautionary auxiliary labels, if applicable; and
j. physician’s or dentist’s name.
During the period when the medication is administered, the person administering the medication is to be
relieved of all other duties. Unless it is a life-threatening situation, trained unlicensed school employees
cannot administer medications requiring an injection. All medications have to be stored in a secure,
locked area or locked drawer with limited access except by authorized personnel. Students are
required to be observed by a school employee for 45 minutes following the administration of medication.
This observation may occur during instructional time.

As the school leader, you are responsible for designating at least two (2) non-medical employees to
receive training on the administration of medications in school. A registered nurse (RN) is the only
individual that can legally train the designated personnel. The training is required to be at least six (6)
hours and include but not be limited to:
• Proper procedures for administration of medications including controlled substances;
• Storage and disposal of medications;
• Appropriate and accurate recordkeeping; and
• Appropriate actions when unusual circumstances or allergic reactions occur.

Parental Permission
The parent/guardian who requests that the school administer medicine to his or her child must provide the
school with a signed, written statement directing the school to administer the medication to the child, the
child’s name, the parent’s/guardian’s full name, address, clear instructions for the medicine, and the
name and contact information for the child’s physician. This permission allows for the school nurse (a RN)
or the designated and trained personnel to administer medication. No other individual may take on these
responsibilities, even if parental permission is granted.

Communicable Diseases
There may be situations in which a student or staff member contracts a communicable disease or
infection that is not spread by casual contact (i.e., HIV infection, Hepatitis B and other like diseases). The
decision as to whether the affected person will remain in the school or employment setting should be
addressed on a case-by-case basis by a Review Panel comprised of the school nurse, school leader,
board representative, and ideally, a physician or public health official. The Review Panel should meet
within 24-48 hours of acquiring knowledge of such a condition to review the case. In reviewing the case,
the panel will need to consider:
• the circumstances in which the disease is contagious to others;
• any infections or illnesses the student/staff member could have as a result of the disease that would
be contagious;
• the age, behavior, and neurological development of the student/staff; and
• the expected type of interaction with others in the school setting and the implications.
Lastly, the panel should consider a potential request by the person with the disease to be excused from
attendance in school or on the job and also give thought to the method of protecting the student/staff
member’s right to privacy, including maintaining confidential records. Once all these factors are reviewed,

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the panel should make a recommendation as to whether the student/staff member should continue in the
school setting, or if currently not attending school, under what circumstances he/she may return.

Before any medical information is shared with anyone in the school setting, the school leader, school
nurse and physician or public health official should conduct a “Need to Know” review. There are Due
Process concerns to be considered, and NSNO recommends your school’s attorney be consulted as well.

Counseling Services
Traditionally, a school’s guidance program was considered an ancillary student service isolated from the
instructional program and designed primarily to encourage students to attend college. Much of the
counselor’s work was reactive and crisis-oriented. Today, there is general agreement that the guidance
program refers to a comprehensive developmental program designed to benefit all students in their
journey through school and in preparation for the future. Your school will be enriched through the
provision of counseling services for your students and perhaps their families.

a. Comprehensive Guidance and Counseling Model


The state of Louisiana’s Comprehensive Guidance and Counseling Model is located online at:
www.doe.state.la.us/lde/family/520.html. The four components of the model are listed below to help you
determine, given the needs of your particular school, which elements of the model you want to emphasize
in order to be most helpful to your student body.

1. A Guidance Curriculum is designed to address competencies to be developed by all students and


implemented through classroom and group activities. Teachers, counselors, and others deliver
these services. (These include things such as bullying prevention or decision-making skills
exercises offered to all students as part of a lesson plan.)
2. Individual Planning is developing a 5-year (or 4- or 6-year) academic plan and career plan
involving students, parents, counselors, teachers and others interested in the students’ futures. This
component includes advisement, individual assessment, placement, and follow-up delivered by
counselors, teachers and others. (In Louisiana, Louisiana Act 1124 – the Career Options Act –
requires a five-year plan.)
3. Responsive Services focus on helping students who face obstacles that interfere with their
personal/social, career, or educational development through prevention and intervention programs,
personal and small group counseling, consultation, and referral. Counselors are the primary
providers of these services.
4. System Support includes the management of activities that establish, maintain, and enhance the
total guidance program and the total school program. These activities may include research and
development, professional development, staff/community public relations, committee/advisory
boards, community outreach and parental participation programs.

Much like the situation with a school nurse, you may be unable to fund a full-time counselor position in the
early years of your school’s operation and may want to explore sharing a counselor with another school.

b. Substance Abuse Prevention


By administrative regulation, each school is encouraged to include in the curriculum a program of
substance abuse prevention. Your school counselor or guidance staff should play a key role in developing
this curriculum, and Title IV, Part A funds from the Safe and Drug Free Schools Act should be used as a
resource for materials and professional development opportunities. In addition to a prevention curriculum,
your school is also required to develop a method for marking drug-free zones, including the use of signs
or other markings suitable to the situation. These signs are required to be visibly located on or near each
school and in each school bus. The signage must mention that the area is a drug-free zone, that such
zone extends to one thousand feet of school property, and that a felony violation of the Uniform

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Controlled Dangerous Substances Law will subject the offender to severe penalties under law. Refer to
Louisiana Law 17:405 for more information.

2. STUDENT SAFETY
Fire Drills
As part of your school’s emergency planning and procedures, you are required to instruct and train your
students on how to exit the building in the shortest possible time without confusion or panic. The
instruction must be in the form of fire drills or rapid dismissals.

According to the 2006 NFPA 101: Life Safety Code (14.7.2.2), schools must hold no less than one
emergency egress (dismissal) drill every month the school is in session. NSNO recommends that you
hold at least one of these drills during a lunch period. Performing these drills will ensure all students,
faculty and staff are familiar with the procedures.

Before conducting a fire drill, contact the New Orleans Fire Department non-emergency number at (504)
581-3473 to inform them of the drill. They will contact the local fire department and advise them that it is
only a drill. This is especially important if your school has a sprinkler system. If an alarm system company
monitors your school, you should also notify this institution. During a fire drill, everyone – students and
staff – must leave the building immediately.

The following are recommended procedures to be followed during a fire drill:


• At the sound of the signal, the teacher directs the children to stand and leads them through the exit.
• The teacher closes the classroom doors to prevent the spread of fire.
• Staff and children walk a sufficient distance until they are clear of the building.
• When an “all clear” signal is sounded, everyone re-enters the building.

The state of Louisiana has aligned itself with the National Fire Prevention Association in developing
policies and procedures for fire safety. For more information regarding school responsibilities for fire
safety, refer to the 2006 NFPA 101: Life Safety Code. This document is available at Louisiana public
libraries or for purchase at: http://www.nfpa.org/catalog/product.asp?pid=10106&amp;order_src=A291.
You may also contact the New Orleans Chief of Fire Prevention at (504) 658-4770, or the Louisiana State
Fire Marshal at (504) 219-4600.

October is Fire Safety Month. The New Orleans Chief of Fire Prevention may make an unannounced visit
to your school sometime in October. If you want to be sure your school is included on the list of schools to
visit, please contact the office of the New Orleans Chief of Fire Prevention at (504) 658-4770.

School Safety and Emergency Response Plans


Creating and maintaining a safe learning environment is one of every charter school’s premier
obligations. Student safety can be threatened by internal threats such as in-school bullying, disruptive
behavior in class, fighting, physical assaults, or the presence of weapons. Other in-building threats
include gas leaks, pipe leaks and flooding, or loss of electricity. Threats can come from outside the school
itself, with the possibilities of hostage-taking, kidnapping and/or the use or threatened use of a firearm or
explosive. As New Orleans knows first-hand, natural disasters such as hurricane or flood also pose a
significant threat to the overall safety of a school’s students and staff.

The effectiveness of any response to a crisis is strongly linked to the extent and appropriateness of the
planning and preparation process. To that end, every school should have it’s own building-level
Emergency Response Plan. Check with your district and/or authorizer to determine if any Safety Plans
have been developed on that level. Regardless of whether such a document is available, you must

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consider how your school will respond in the event of an emergency. The overall purpose of your School
Safety Plan is twofold:
1. To identify and describe policies and procedures for reducing the risk of violence, and to implement
programs and activities for prevention of violence.
2. To identify and describe the school building’s policies and procedures for responding to acts of
violence and other school emergencies.
A few examples of strategies for risk reduction include hiring security for the school’s front entrance,
training for the early detection of violent behavior, offering counseling and peer mediation services, and
practicing evacuation or other school-wide drills. Response strategizing includes instituting a viable chain
of command, determining evacuation plans, and developing a means of communication with parents.

A good starting point for analyzing your school’s overall safety and identifying areas for improvement is a
Facilities Assessment Form such as the one available on the New York State Center for School Safety
(NYSCSS) website at: http://nyscenterforschoolsafety.org/save.html. Also available from this website is
the Guidance Document for School Safety Planning, which provides guidelines for developing school
safety plans as well as sample outlines for both district-wide school safety plans as well as building-level
emergency response plans.

The US Department of Education also provides resources on emergency management in schools at the
following website: http://www.ed.gov/admins/lead/safety/emergencyplan/index.html. This website includes
links to useful webcasts on School Emergency Management Training for school staff as well as School
Emergency Management Planning. In addition, the US Department of Education and the US Secret
Service collaborated to produce two reports and an interactive CD-ROM that outline a process for
identifying, assessing and managing students who may pose a threat of targeted violence in schools, as
well as provide ideas for creating safe school climates:
1. Threat Assessment in Schools: A Guide to Managing Threatening Situations and to Creating Safe
School Climates (Report)
2. Final Report and Findings of the Safe School Initiative: Implications for the Prevention of School
Attacks in the United States (Report)
3. Safe School and Threat Assessment Experience: Scenarios Exploring the Findings of the Safe
School Initiative (CD-ROM)
The reports are accessible at http://www.ed.gov/admins/lead/safety/training/responding/crisis_pg34.html
and the CD may be ordered from the Department of Education's Publications Center (ED Pubs) by calling
(877) 433-7827 or by emailing edpubs@inet.ed.gov. The publication ID is ED002738C.

Lastly, investigate trainings or conferences that address school safety. In 2007, the first National Student
Safety and Security Conference was held in Las Vegas. This or other similar conferences may be a
worthwhile experience for charter school staff.

3. STUDENT DISCIPLINE
As a Type 5 charter, you were provided a Student Code of Conduct and Discipline Management Plan
(Exhibit G) as part of your operating agreement. This document serves as your school’s guide to matters
of student discipline for the duration of your operation as a charter school. The plan addresses:
• Expectations of students, parents, teachers and principals
• Disciplinary consequences for rule infractions
• Procedural policies for discipline cases (including students with disabilities)
• School Attendance Expectations
• School Dress Code
• Zero Tolerance Policies (as they relate to violence and bullying)

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In effect, the state has done the hard work for you by creating a standard Code of Conduct with the
expectation that your school will uphold the rules and expectations outlined in the Discipline Management
Plan. You should make sure that all of your staff is aware of the contents of this document. It is advisable
that the school devotes part of an in-school training session on school discipline and behavioral
expectations to make sure all of your faculty and staff can speak with one voice regarding the rules and
consequences for infractions.

The Code of Conduct must also be disseminated and discussed with the students and their parents, as it
is ineffective to establish rules without making the effort to ensure the rules are widely communicated and
discussed.

Best Practice
Devote a portion of your “Back to School” night or parent association meeting to the Code of Conduct. If
you have a website, post the Code of Conduct there. You should also have an assembly with your
students to review the Code of Conduct. These activities are not punitive, but rather used as an
opportunity to set the stage for creating a respectful and productive environment that everyone in the
school community has a responsibility to maintain.

The Code of Conduct and Discipline Management Plan were provided along with a cover sheet requiring
the signature of the student and the parent/guardian, acknowledging that they have received, read,
understand and will be held accountable for complying with the behavioral expectations outlined in the
plan. Your school should maintain the signed paper in the student’s file for the duration of the school year.
You should plan to disseminate the plan yearly and ask parents and teachers to sign the form annually.

If you would like more information on responding to student discipline issues, the National School Safety
Center offers a guidebook of best practices, available for purchase at: http://www.schoolsafety.us/School-
Discipline-Notebook-pr-9.html.

LINKS TO USEFUL RESOURCES AND WEBSITES


• Health Resource Guide for Educators provides an overview of interventions for students with
specific medical needs. The Guide is available at: http://www.doe.state.la.us/lde/uploads/2702.pdf.
• Guidance and Counseling program support is available from the state at:
www.louisianaschools.net/lde/family/520.html.

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APPENDIX 1 – LOUISIANA CHARTER SCHOOL LAW (ACT 42)

The Louisiana Charter School Law (Act 42) can be found on the following page.

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APPENDIX 1 – Louisiana Charter School Law (Act 42)
Louisiana Revised Statute 17:3971 - 4001

CHAPTER 42. CHARTER SCHOOL DEMONSTRATION PROGRAMS LAW

PART I. GENERAL PROVISIONS


§3971. Short citation
This Chapter shall be known and may be cited as the "Charter School Demonstration Programs Law".
Acts 1995, No. 192, §1, eff. June 14, 1995; Acts 1997, No. 477, §1, eff. June 30, 1997.

§3972. Intent and purpose


A. It is the intention of the legislature in enacting this Chapter to authorize experimentation by city and
parish school boards by authorizing the creation of innovative kinds of independent public schools for pupils.
Further, it is the intention of the legislature to provide a framework for such experimentation by the creation of
such schools, a means for all persons with valid ideas and motivation to participate in the experiment, and a
mechanism by which experiment results can be analyzed, the positive results repeated or replicated, if
appropriate, and the negative results identified and eliminated. Finally, it is the intention of the legislature that
the best interests of at-risk pupils shall be the overriding consideration in implementing the provisions of this
Chapter.
B.(1) The purposes of this Chapter shall be to provide opportunities for educators and others
interested in educating pupils to form, operate, or be employed within a charter school with each such school
designed to accomplish one or more of the following objectives:
(a) Improve pupil learning and, in general, the public school system.
(b) Increase learning opportunities and access to quality education for pupils.
(c) Encourage the use of different and innovative teaching methods and a variety of governance,
management, and administrative structures.
(d) Require appropriate assessment and measurement of academic learning results.
(e) Account better and more thoroughly for educational results.
(f) Create new professional opportunities for teachers and other school employees, including the
opportunity to be responsible for the learning program at the school site.
(2) It is not a purpose of this Chapter to permit establishment of a charter school to be used as the
means of keeping open an existing public school that otherwise would be closed. Such a circumstance,
however, shall not preclude approval of a proposed charter that otherwise fulfills a purpose of this Chapter and
for which the proposal clearly demonstrates that the educational program proposed to be offered will improve
the achievement levels of the students enrolled in that school.
(3) It is not a purpose of this Chapter to provide a means of funding for nonpublic schools or any home
study program.
Acts 1995, No. 192, §1, eff. June 14, 1995; Acts 1997, No. 477, §1, eff. June 30, 1997; Acts 1999, No.
14, §1; Acts 1999, No. 757, §1, eff. July 2, 1999.

§3973. Definitions
As used in this Chapter, the following words, terms, and phrases shall have the meaning 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:
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APPENDIX 1 – Louisiana Charter School Law (Act 42)
(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 an exceptional child as defined in R.S. 17:1943 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.
(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, it shall be approved by the members of the faculty and staff of the preexisting school who are
certified by the state board and approved 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 within the same city or parish, 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, it
shall be approved by the professional faculty and staff of the preexisting school and approved 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 or parish school board is reached to allow students from outside the parish to
attend the charter school, only pupils who would be eligible to attend a public school operated by the local
school board within the same city or parish, 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
pursuant to R.S. 17:10.5 or 10.7 and operated as the result of and pursuant to a charter between a nonprofit

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APPENDIX 1 – Louisiana Charter School Law (Act 42)
corporation and the State Board of Elementary and Secondary Education, or between a nonprofit corporation
and a city, parish, or other local school board or other public entity in the case of the renewal of a Type 5
charter of a school that has been transferred back to the jurisdiction of the local school board or other public
entity pursuant to R.S. 17:10.5(C). 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.
(3) "Chartering authority" means either a local school board or the State Board of Elementary and
Secondary Education.
(4) "Local school board" means any city or parish school board.
(5) "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.
(6) "State board" means the State Board of Elementary and Secondary Education.
Acts 1995, No. 192, §1, eff. June 14, 1995; 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 2003, No. 9, §1, eff. Nov. 6, 2003; Acts 2005, No. 35, §1, eff. Nov. 30, 2005.

PART II. STATE CHARTERING AUTHORITY


§3981. State Board of Elementary and Secondary Education; powers and duties relative to charter schools
The State Board of Elementary and Secondary Education shall:
(1) Administer loans as provided in Part VI of this Chapter for assisting in meeting the costs required
to establish a charter school as well as the costs of operation.
(2) Enter into any proposed charter that complies with this Chapter and the rules adopted pursuant to
the authority in this Chapter that the board determines is a valid, complete, financially well-structured, and
educationally sound proposal that offers potential for fulfilling the purposes of this Chapter.
(3) Adopt, pursuant to the Administrative Procedure Act, such rules as the board determines is
necessary to efficiently, effectively, and fairly undertake its duties.
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APPENDIX 1 – Louisiana Charter School Law (Act 42)
(4) Review each proposed charter in a timely manner and in the order in which submitted and
determine whether each proposed charter complies with the law and rules and whether the proposal is valid,
complete, financially well-structured, educationally sound, and whether it offers potential for fulfilling the
purposes of this Chapter.
(5) Determine the policy and provide direction to the state Department of Education for providing the
oversight of the operation of charter schools chartered with the board.
Acts 1995, No. 192, §1, eff. June 14, 1995; Acts 1997, No. 477, §1, eff. June 30, 1997.

§3982. Local school boards; duties


A.(1)(a) Local school boards shall comply with R.S. 17:3983 and shall review and formally act upon
each proposed charter within thirty days of its submission and in the order in which submitted. In doing such
review, the local school board shall determine whether each proposed charter complies with the law and rules,
whether the proposal is valid, complete, financially well-structured, and educationally sound, and whether it
offers potential for fulfilling the purposes of this Chapter.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, school boards which govern
a local system that has been declared to be in academic crisis, as defined in R.S. 17:10.6, shall not consider,
review, or act upon charter applications for a Type 1 charter school and shall notify the proponents of any
pending Type 1 charter proposal or any newly submitted Type 1 charter proposal that the board is ineligible to
act on such applications and that each such application may, therefore, be submitted to the state board as a
Type 2 proposal pursuant to R.S. 17:3983(A)(2)(a)(ii).
B. Local school boards shall make available to chartering groups any vacant school facilities or any
facility slated to be vacant for lease or purchase at fair market value. In the case of a type 2 charter school
created as a result of a conversion, all property within the existing school shall also be made available to that
chartering group under similar terms. 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.
Acts 1995, No. 192, §1, eff. June 14, 1995; Acts 1997, No. 447, §1, eff. June 30, 1997; Acts 1999, No.
14, §1; Acts 1999, No. 757, §1, eff. July 2, 1999; Acts 2005, No. 35, §1, eff. Nov. 30, 2005.

PART III. CHARTERING PROCESS, REVISION, AND RENEWAL


§3983. Chartering process by type; eligibility; limitations; faculty approval; parental approval
A.(1) Any of the following may form a nonprofit corporation for the purpose of proposing a charter as
provided in this Subsection, provided that the group submitting the charter school proposal includes three or
more persons holding valid and current Louisiana teaching certificates:
(a) A group of three or more teachers.
(b) A group of ten or more citizens.
(c) A public service organization.
(d) A business or corporate entity registered to do business in Louisiana pursuant to law, excluding
any business or corporate entity subject to the provisions of R.S. 18:1505.2(L) as provided in R.S.
18:1505.2(L)(3).
(e) A Louisiana college or university, licensed by the Board of Regents, pursuant to R.S. 17:1808.
(f) The faculty and staff of any city or parish public school or any local school board.
(g) The state Department of Education, subject to the approval of the state board.
(2)(a)(i) Each proposal for a Type 1 or Type 3 charter school shall first be made to the local school
board with jurisdiction where the school is to be located, except in the case of a local system in academic crisis
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APPENDIX 1 – Louisiana Charter School Law (Act 42)
as provided for in Item (ii) of this Subparagraph, involving the submission of a written proposal. If, after review
as required by R.S. 17:3982, the local school board denies the proposal, or if conditions placed on the proposal
by the local school board, as provided in Paragraph (B)(2) of this Section, are not acceptable to those
proposing the charter, then a proposal for a Type 2 charter school may be made to the State Board of
Elementary and Secondary Education.
(ii) A proposal for a Type 1 charter school that would otherwise be made to a local school board
except that the local system is in academic crisis shall, in the discretion of the proponents of the proposal, be
made to the state board as a Type 2 proposal.
(b) All proposals for a type 4 charter school shall be made to the State Board of Elementary and
Secondary Education.
(c) All proposals for a Type 5 charter school shall be made to the State Board of Elementary and
Secondary Education, and such proposals may be considered by the state board only upon the
recommendation of the administering agency of the Recovery School District.
(3)(a) The State Board of Elementary and Secondary Education shall accept applications for charters
only from April first through October thirty-first of each year. The board shall review and take action on every
application it receives. The board shall not approve any charter application before May first of each year as
provided in Paragraph (A)(4) of this Section.
(b) For type 2 charter school proposals, the state board shall notify the local school board of the
district in which the proposed charter school is to be located about the receipt of such proposal. The local
board, as well as other interested groups, shall be allowed to provide written information regarding the proposal
and allowed to present information at a scheduled public meeting of the state board prior to any determination
being made by the state board.
(c) Each proposal received by the state board shall be carefully reviewed and shall be approved only
after there has been a specific determination by the board that the proposed school will be operated in
compliance with all applicable state and federal laws, rules, and regulations, that the accounting and financial
practices to be used are sound and in accordance with generally accepted standards for similar entities, and
that the educational program to be offered will comply with all requirements of this Chapter and be based on
generally accepted education research findings applicable to the pupils to be served.
(4)(a) No more than the number of charter proposals that would result in the total number of charters
entered equaling forty-two may be entered into by all chartering authorities.
(b) A local school board may enter into any charter it finds valid, complete, financially well-structured,
and educationally sound after meeting the requirements of this Chapter. Each such charter entered into shall
be reported by the local school board to the State Board of Elementary and Secondary Education not less than
two business days following the event. If at any time prior to December first of each chartering period, the
number of such charters would result in a total of forty-two charters having been entered into, the State Board
of Elementary and Secondary Education shall notify all local school boards and no more chartering shall be
permitted.
(c) The State Board of Elementary and Secondary Education may approve applications for charters as
it has determined acceptable pursuant to R.S. 17:3981(2) until the limit of forty-two is reached. Applications
may be approved only from May first through January thirty-first of each year.
(d) A charter school shall begin operation by not later than twenty-four months after the final approval
of the charter, unless such charter school is engaged in desegregation compliance issues and therefore must
begin operation by not later than thirty-six months. If such operation does not occur, the charter for that school
shall be automatically revoked although a new charter may be proposed if the limit on the total number of
charter schools allowed in the state has not been reached.

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APPENDIX 1 – Louisiana Charter School Law (Act 42)
(e) Any proposal that is submitted to but not approved by either the local school board or the state
board may be resubmitted to either board during the same approval cycle after significant revision. However, if
a proposal is not approved by the local school board and then also not approved by the state board within the
same approval cycle, then the proposal shall be submitted to the local school board for their consideration
during the next approval cycle prior to being submitted to the state board.
(f) A charter school, once approved, may begin operation only in July, August, or September of a
given year; however, such school shall not begin operation sooner than eight months after such approval is
granted.
(5) Repealed by Acts 2003, No. 9, §3, eff. Nov. 6, 2003.
B.(1) Each application for a charter, except for a Type 4 charter school, shall be submitted to the
pertinent chartering authority by a nonprofit corporation established in accordance with the laws of this state.
(2) Additionally, each approved charter may be approved subject to whatever other resolutory or
suspensive conditions the chartering authority requires provided those entering into the charter agree with the
conditions.
C.(1)(a) Approval by the faculty and staff who are certified by the state board of a preexisting school
proposed to be converted to a charter school requires a favorable vote of two-thirds of the members of such
faculty and staff, voting together each with one vote, at the preexisting school at an election held for such
purpose. The number needed for approval shall be determined by the number of eligible employees assigned
to such school on October first preceding the election. The election shall be held by secret ballot.
(b) Such an election may be repeated in any school for approval of the same or a different charter
proposal; however, such an election may occur no more often than once in any school year.
(2) Approval by the parents or guardians of pupils attending a preexisting school proposed to be
converted to a charter school requires a favorable vote of the majority of the parents or guardians of pupils
enrolled in the school at the time of the election who are voting, provided the number of votes cast equals at
least fifty percent of the number of pupils. There shall be one vote for each pupil enrolled in the school which
may be cast by one parent or guardian for each pupil.
D. Prior to approving a charter for a type 1 or type 3 school, the local school board considering the
proposal shall hold a public meeting for the purpose of considering the proposal and receiving public input.
Such meeting shall be held after reasonable efforts have been made by the board to notify the public of the
meeting and its content.
E.(1) Approval by a local school board shall require an affirmative vote of a majority of the
membership of the board.
(2) Approval by the State Board of Elementary and Secondary Education shall require an affirmative
vote of at least six members.
F. As it relates to Type 5 charters:
(1) The limitations specified in R.S. 17:3991(B)(1) and (3) and the provisions of (A)(3)(a), (4)(a), (c),
and (f), and (C) and (D) of this Section shall not apply to or limit or restrict the number of such charters.
(2) No proposal for operating such a charter school shall be approved nor shall such a school be
operated by any person, whether a natural person or artificial entity, who or which has less than five years of
significant experience, as determined by the state board, operating or working for or with a person who
operates a public, private, or charter school, a public or private postsecondary institution, or a for-profit
business or a non- or not-for-profit entity which provides academic instruction to students.
Acts 1997, No. 477, §1, eff. June 30, 1997; Acts 1999, No. 14, §2; Acts 1999, No. 757, §1, eff. July 2,
1999; Acts 1999, No. 1339, §1, eff. July 12, 1999; Acts 2001, No. 991, §1, eff. June 27, 2001; Acts 2003, No. 9,
§§1, 3, eff. Nov. 6, 2003; Acts 2005, No. 35, §1, eff. Nov. 30, 2005.

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APPENDIX 1 – Louisiana Charter School Law (Act 42)
PART IV. CHARTER CONTENTS, RENEWAL, AND REVOCATION AND CHARTER
SCHOOL AUTHORITIES AND LIMITATIONS
§3991. Charter schools; requirements; limitations; renewal; amendment; revocation
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) 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.
(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) Each charter school shall be in full compliance with the provisions of this Subparagraph by not
later than January 1, 2004.
(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 Type 1 and Type 2 charter schools created as new schools, 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), shall be equal to not less than eighty-five percent of the
average percentage of pupils enrolled in the local public school districts from which the charter school enrolls
its students who are eligible to participate in the federal free and reduced lunch program. The remaining
number of pupils enrolled in the charter school which would be required to have the same percentage of at-risk
pupils as the percentage of pupils in the district who are eligible to participate in the federal free and reduced
cost lunch program may be comprised of pupils who are at risk as is otherwise provided in R.S. 17:3973(1).
For the purposes of fulfilling the provisions of this Section, the at-risk percentage for the city or parish school
system 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, unless otherwise specified in the charter that the charter
school will reflect the current year's at-risk percentage.
(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
pupils 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 at risk
as defined in R.S. 17:3973(1) are admitted to the school.

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(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 Type 2 charter schools created as a result of a conversion, Type 3 and Type 4 charter
schools, 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), 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 pupils enrolled in the school in the school year prior to the establishment of the charter school that were
eligible to participate in the federal free and reduced cost lunch program.
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, that for Type 2, Type 3, and Type 4
charter schools in any parish having a population of between twenty thousand five hundred and twenty-one
thousand persons according to the most recent federal decennial census, 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), 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. 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).
(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 at-risk percentage of the charter school.
(d) The provisions of this R.S. 17:3991(B)(1) and (3) shall not apply to Type 5 charters.
(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. 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, or identification as a child with an
exceptionality as defined in R.S. 17:1943(4). 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
achievement of a certain academic record for schools with a college preparatory mission. No local board shall
assign any pupil to attend a charter school.
(4) 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.
(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.
(7) A description of the education program offered by the school and how specifically that program will
meet the needs of the at-risk pupils to be served.
(8) The specific academic and other educational results to be achieved, the timelines for such
achievement, and how results will be measured and assessed.

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(9) An agreement to provide a report at the end of each semester to parents of pupils enrolled in the
school, the community, the local school board and the state board indicating progress toward meeting the
performance objectives as stated in the charter.
(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) Manner in which teachers and other school employees will be evaluated.
(14) School rules and regulations applicable to pupils including disciplinary policies and procedures.
(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 or 4 charter schools on terms as
provided within the charter agreement.
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.
(b) 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.
(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

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applied than is the maximum 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, except as is necessary to meet the requirements of Paragraph B(1) of this Section. 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 assure compliance with Paragraph B(1) of
this Section.
(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) For the second year of operation and thereafter, a charter school may modify its enrollment
procedures in order to give preference to students previously enrolled in the school and their siblings, as long
as there is compliance with the provisions of Paragraph B(1) of this Section.
(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.
(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)(a)(i) Except for Type 5 charter schools to which the requirements provided in Subparagraph (b) of
this Paragraph apply, employ teachers certified by the state board or the French Ministry of Education for at
least seventy-five percent of the instructional staff employed by the charter school.
(ii) The remaining portion of the instructional staff shall meet at least one of the following requirements
and shall be subject to all provisions of state law relative to background checks applicable to the employment of
public school personnel:
(aa) Be authorized under law or state board regulation to teach temporarily while seeking a regular
teaching certificate.
(bb) Have at least a bachelor's degree or at least ten years of experience related to the teaching
position for which he is being hired, demonstrate exemplary skills in his field of expertise, and be providing
instruction under the supervision of a certified teacher. Any individual who makes an application for
employment under this Item shall be employed based on a determination of the applicant's qualifications by the
charter school.
(b) A Type 5 charter school shall:
(i) Beginning no later than the second school year of operation, have not less than the percentage of
teachers certified by the state board than was the case in the school prior to its transfer to the Recovery School
District.
(ii) Beginning no later than the third school year of operation, have a teacher certified by the state
board teaching every core subject. Core subject shall be defined by the state board by rule.

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(iii) All other instructional staff employed in a Type 5 charter school shall meet the same requirements
as provided in Item (a)(ii) of this Paragraph.
D. 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.
E. A charter school shall not:
(1) Be supported by or affiliated with any religion or religious organization or institution.
(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 who has been convicted of or has plead nolo contendere to a crime listed in R.S.
15:587.1(C) as a teacher, substitute teacher, bus driver, substitute bus driver, janitor, or a school employee
who might reasonably be expected to be placed in a position of supervisory or disciplinary authority over school
children unless approved in writing by a district judge of the parish and the district attorney. This statement of
approval shall be kept on file at all times by the school and shall be produced upon request to any law
enforcement officer.
(b) The board shall establish regulations, requirements, and procedures consistent with the provisions
of R.S. 15:587.1 under which the school systems shall determine whether an applicant or employee has been
convicted of or plead nolo contendere to crimes listed in R.S. 15:587.1(C), except R.S. 14:74. Included in this
regulation 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. A person who has submitted his fingerprints to the Louisiana Bureau of Criminal Identification and
Information may be temporarily hired pending the report from the bureau as to any convictions of or pleas of
nolo contendere by the person to a crime listed in R.S. 15:587.1(C), except R.S. 14:74.
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. Any assets acquired by a Type 1, 2, 3, or 5 charter school are the property of that charter school
for the duration of that school's charter agreement. Any assets acquired by a Type 4 charter school are the
property of the local school board. If the charter agreement of any Type 1, 2, 3, or 5 charter school is revoked
or the school otherwise ceases to operate, all assets purchased with any public funds become the property of
the chartering authority. Charter schools are to maintain records of any assets acquired with any private funds
which remain the property of the nonprofit organization 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

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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.

§3992. Charter revision and renewal


A.(1) Unless revoked as provided for in Subsection C of this Section, an approved school charter shall
be valid for an initial period of five years, contingent upon the results of the reporting requirements at the end of
the third year as provided in R.S. 17:3998(A)(2), and may be renewed for additional ten-year periods after
thorough review by the approving chartering authority of the charter school's operations and compliance with
charter requirements. The process for renewing a school charter shall be the same as for initial charter
approval, with a written report being provided annually to the chartering authority regarding the school's
academic progress that year. Pursuant to Subsection C of this Section and using such annual review process,
a charter may be revoked for failure to meet agreed upon academic results as specified in the charter.
(2) 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.
(3) A Type 2 charter school that has been renewed for an additional ten-year period as provided in
this Subsection shall be funded by the state as provided in R.S. 17:3995(A)(6).
B. Subsequent to approval, a school charter may be amended by the approving chartering authority
by an affirmative vote of at least a majority of the membership of the chartering authority when such
amendment is proposed by the charter school's governing authority and the amendment will better permit the
charter school to achieve its stated objectives. No amendment shall be the basis of extending the duration of
the original charter.
C. A school charter may be revoked by the authority that approved its charter upon a determination by
an affirmative vote of at least a majority of the local board membership or upon the affirmative vote of a majority
of the members of the State Board of Elementary and Secondary Education, whichever approved the charter,
that the charter school or its officers or employees did any of the following:
(1) Committed a material violation of any of the conditions, standards, or procedures provided for in
the approved charter.
(2) Failed to meet or pursue within the agreed timelines any of the academic and other educational
results specified in the approved charter.
(3) Failed to meet generally accepted accounting standards of fiscal management.
(4) Violated any provision of law applicable to a charter school, its officers, or employees.
Acts 1997, No. 477, §1, eff. June 30, 1997; Acts 1999, No. 757, §1, eff. July 2, 1999; Acts 2004, No.
735, §1.

§3993. Liability
A. The local school board and its members individually are immune from civil liability for any damages
arising with respect to all activities related to the operation of any type of charter school they may authorize as
a chartering authority, except as is otherwise specifically provided in a charter.
B. The State Board of Elementary and Secondary Education and its members individually are immune
from civil liability for any damages arising with respect to all activities related to the operation of any type of
charter school they may authorize as a chartering authority, except as is otherwise specifically provided in a
charter.
Acts 1997, No. 477, §1, eff. June 30, 1997.

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PART V. OPERATION OF A CHARTER SCHOOL
§3994. Litigation costs
In the event litigation is necessary to recover any public funds paid to a charter school under authority
of this Chapter, the charter school shall be liable for all court costs, attorney fees, and expenses.
Acts 2001, No. 991, §1, eff. June 27, 2001.

§3995. Charter school funding


A.(1) For the purpose of funding, a type 1, type 3, and type 4 charter school shall be considered an
approved public school of the local school board entering into the charter agreement and shall receive a per
pupil amount each year from the local school board based on the October first membership count of the charter
school. Type 2 charter schools shall receive a per pupil amount each year from the state Department of
Education using state funds specifically provided for this purpose. The per pupil amount provided to all charter
schools shall be computed annually and shall be equal to no less than the per pupil amount received by the
school district in which the charter school is located from the following sources based on the district's October
first membership count:
(a) The state-funded per pupil allocation received by the district pursuant to the most recent
legislatively approved minimum foundation program formula resolution, including all levels.
(b) Local revenues received during the prior year by the school district from the following sources,
excluding any portion which has been specifically dedicated by the legislature or by voter approval to capital
outlay or debt service:
(i) Sales and use taxes, less any tax collection fee paid by the school district.
(ii) Ad valorem taxes, less any tax collection fee paid by the school district.
(iii) Earnings from sixteenth section lands owned by the school district.
(2)(a) Initial allocation of the per pupil amount required in Paragraph (1) of this Subsection shall be
based on estimates provided by the state Department of Education using the most recent local revenue data
and projected pupil counts available. Allocations shall be adjusted during the year to reflect actual pupil counts
and actual prior year local revenue collections.
(b) In order to provide for adjustments in allocations made to Type 2 charter schools as a result of
changes in enrollment, the State Board of Elementary and Secondary Education may provide annually for a
February fifteenth pupil membership count to reflect any changes in pupil enrollment that may occur after
October first of each year. Any allocation adjustment made pursuant to this Subparagraph shall not be
retroactive and shall be applicable for the period from March first through the end of the school year. The
provisions of this Subparagraph relative to an allocation adjustment shall not be applicable to any Type 2
charter school that has had an increase or decrease in student enrollment of five percent or less in any school
year for which the February fifteenth membership count occurs.
(3) Except as provided in Paragraph (4), in no case shall the per pupil amount required in Paragraph
(1) of this Subsection be less than the combined state and local per pupil allocation for the district in which the
charter school is located as defined by the most recent legislatively approved minimum foundation program
formula resolution, including all levels.
(4) Types 1 and 3 charter schools may agree to a lesser per pupil amount than that required in
Paragraph (1) or (3) of this Subsection in exchange for specific services that the chartering authority agrees to
provide to the school. The State Board of Elementary and Secondary Education may provide a lesser per pupil
amount to any Type 2 charter school than that required in Paragraph (1) or (3) of this Subsection if the school's

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initial charter proposal contains a request for a lesser amount. The board, upon providing such lesser amount,
shall give the justification, in writing, for doing so.
(5) Within fifteen days of the receipt of any state, local, or other funding to which the charter school is
entitled or which came as a result of students enrolled in the charter school, the chartering authority shall
ensure that those funds are available for use by such charter schools.
(6)(a) A Type 2 school which has been renewed for a ten-year period, as provided in R.S. 17: 3992(A)
shall annually be funded in the full amount calculated as provided for in Paragraph (1) of this Subsection. Such
full funding shall be provided as a priority prior to the allocation of state funding to any other charter school
funded by the state.
(b) The full funding required in this Subsection shall include in any calculation all pupils enrolled
pursuant to any authority of a renewed Type 2 charter to increase the enrollment of such school whether
caused by increasing the number of pupils in authorized grades or by adding sequential grades pursuant to the
school's charter or other authority granted by the state board.
B. For each pupil enrolled in a charter school who is entitled to special education services, any state
special education funding beyond that provided in the minimum foundation program and any federal funds for
special education for that pupil that would have been allocated for that pupil shall be allocated to the charter
school which the pupil attends. Any type 2 charter school shall be considered the local education agency for
the purposes of any special education funding or statutory definitions, while the local school board shall remain
the local education agency for any type 1, 3, or 4 charter school.
C. Any approved charter school shall be eligible for any other federal, restricted state, and unrestricted
state funding for which the school or its pupils qualify. Each charter school shall receive at a minimum their per
pupil share for any state or federal grant program such as any funding provided for technology, teacher
supplies, kindergarten through third grade reading and mathematics, summer school, and other remediation
funding, as well as any other state or federal grant program where funding is distributed on a per pupil basis
and a charter school is eligible to receive the funding under the terms of the grant. The charter school shall
comply with the terms of the grant. The chartering authority shall ensure that such funds are made available
for use by any charter school no less than fifteen days after the chartering authority receives such funding from
the state or the federal government, provided the chartering authority applied for such funding directly. A
charter school may apply for and receive funding directly from the state or federal government.
D. Any approved charter school may solicit, accept, and administer donations or any other financial
assistance in the form of money, grants, property, loans, or personal services for educational purposes from
any public or private person, corporation, or agency and comply with rules and regulations governing grants
from the federal government or from any other person or agency, which are not in contravention of the
constitution and any other law.
E. If any charter school fails to open and serve pupils or closes for any reason, the charter school
shall refund all equipment and cash on hand which can be attributed to state or local funding to the state or to
the local school district as appropriate.
F. Every pupil enrolled in a charter school shall be counted in the school's total pupil count for
purposes of funding including each pupil who is pursuing a high school diploma or participating in a pre-general
education development skills program as defined by policy adopted by the State Board of Elementary and
Secondary Education. No child enrolled in a prekindergarten program offered by a charter school shall be
counted for purposes of funding pursuant to the provisions of Subsection A of this Section unless such funding
is specifically provided for such purpose. However, such school shall be eligible for any other funding that may
become available pursuant to the provisions of Subsection C of this Section for children enrolled in
prekindergarten programs.

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G. In addition to any other funds received, each charter school created as a new school rather than as
a conversion school shall receive for each student based on average daily membership in the charter school for
the first five years of its existence an amount equaling the average per student budgeted amount for each of
those five years by the district in which the charter school is located for facility acquisition and construction
services. The provisions of this Subsection shall apply only if and to the extent that funds are appropriated
therefor by the legislature.
Acts 1997, No. 477, §1, eff. June 30, 1997; Acts 1999, No. 757, §1, eff. July 2, 1999; Acts 1999, No.
1210, §1; Acts 2001, No. 988, §1, eff. June 27, 2001; Acts 2001, No. 991, §1, eff. June 27, 2001; Acts 2001,
No. 1076, §1, eff. June 28, 2001; Acts 2003, No. 260, §1; Acts 2004, No. 735, §1; Acts 2005, No. 305, §1.

§3996. Charter schools; exemptions


A. Notwithstanding any state law, rule, or regulation to the contrary and except as may be otherwise
specifically provided for in an approved charter, a charter school established and operated in accordance with
the provisions of this Chapter and its approved charter and the school's officers and employees shall be
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 except for the following rules and regulations
otherwise applicable to public schools regarding:
(1) Building maintenance.
(2) Facility accessibility.
(3) Asbestos detection and abatement.
(4) The Sanitary Code.
(5) Pesticide use and safety.
(6) Fire safety.
(7) Safe work environments.
(8) The possession and safe use of weapons and hazardous materials.
(9) Adolescent health initiatives and school health centers.
(10) Hearing and vision screenings.
(11) Immunizations and health records.
(12) Communicable disease prevention.
(13) Drug use prevention.
(14) Eye safety and the use of protective goggles.
(15) Missing children identification procedures.
(16) Teacher certification, except as provided in R.S. 17:3991(C)(6).
(17) School and district accountability system.

B. Notwithstanding any state law, rule, or regulation to the contrary and except as may be otherwise
specifically provided for in an approved charter, a charter school established and operated in accordance with
the provisions of this Chapter and its approved charter and the school's officers and employees shall be
exempt from all statutory mandates or other statutory requirements that are applicable to public schools and to
public school officers and employees except for the following laws otherwise applicable to public schools with
the same grades:
(1) School entrance age, R.S. 17:222.
(2) Corporal punishment and suspension of students, R.S. 17:223.
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(3) Expulsion of students, R.S. 17:224.
(4) School year, R.S. 17:154.1(A)(1) and 236.
(5) Attendance reporting, R.S. 17:232.
(6) Admission of home study students, R.S. 17:236.2.
(7) Unauthorized use of electronic communication devices, R.S. 17:239.
(8) Smoking, R.S. 17:240.
(9) Open meetings, R.S. 42:4.1 et seq.
(10) Public records, R.S. 44:1 et seq.
(11) Teaching regarding the United States Constitution, R.S. 17:261.
(12) Teaching regarding the Federalist Papers and the Declaration of Independence, R.S. 17:268.
(13) Teaching regarding free enterprise, R.S. 17:274.
(14) Teaching regarding civics, R.S. 17:274.1.
(15) Teaching regarding sex, R.S. 17:281.
(16) Religious liberty of students, R.S. 17:2115 et seq.
(17) Pupil assessment, R.S. 17:24.4.
(18) Any school and district accountability system required by law of a public school of similar grade or
type.
(19) Public bids for the erection, construction, alteration, improvement, or repair of a public facility or
immovable property, Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950.
(20) Code of Governmental Ethics, R.S. 42:1101 et seq., with the exception of R.S. 42:1119 as it
applies to any person employed by a charter school prior to August 15, 2003.
C. A charter school established and operated in accordance with the provisions of this Chapter shall
comply with state and federal laws and regulations otherwise applicable to public schools with respect to civil
rights and individuals with disabilities. Any Type 2 or Type 5 charter school shall be considered the local
education agency for the purposes of any special education funding or statutory definitions, while the local
school board shall remain the local education agency for any Type 1, 3, or 4 charter school.
D. Notwithstanding any state law, rule, or regulation to the contrary, the provisions of any collective
bargaining agreement entered into by the local school board in whose jurisdiction the charter school is located
shall apply to a charter school established and operated in accordance with the provisions of this Chapter and
its approved charter and the school's officers and employees, except as otherwise provided for in the approved
charter.
E. To graduate from a charter high school, pupils shall be able to demonstrate competency in the
content of every course required for high school graduation. The state board shall provide by rule relative to a
determination that such competencies have been acquired. In addition, any examination required by the state
board or by law as a requirement for graduation from public high schools shall apply to pupils at charter high
schools. Charter schools choosing to have their students demonstrate course competencies in a manner
different from the traditional Carnegie unit approach where students take specific courses shall describe in their
charter proposal how the school plans to work with the public higher education management boards regarding
the acceptance by public institutions of higher education of such competencies.
F. Notwithstanding any other provision of law to the contrary, a charter school established and
operated in accordance with the provisions of this Chapter shall be subject to appropriate financial audits in
accordance with R.S. 24:513 et seq.

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APPENDIX 1 – Louisiana Charter School Law (Act 42)
G. All charter schools established and operated in accordance with the provisions of this Chapter shall
comply with the provisions of R.S. 39:1301 through 1315. Each Type 1, 3, and 4 charter school annually shall
submit its budget to the local school board that approved its charter, and such board shall submit the charter
school's budget to the state superintendent of education in accordance with the provisions of R.S. 17:88. Each
Type 2 and Type 5 charter school annually shall submit its budget directly to the state superintendent of
education.
H. In addition to the requirements of Subsection G of this Section, the State Board of Elementary and
Secondary Education shall adopt rules and regulations for prescribing forms and practices for budgeting,
accounting, and financial reporting, both interim and annual, for Type 2 and Type 5 charter schools.
Acts 1997, No. 477, §1, eff. June 30, 1997; Acts 1999, No. 757, §1, eff. July 2, 1999; Acts 1999, No.
821, §1, eff. July 2, 1999; Acts 2001, No. 991, §1, eff. June 27, 2001; Acts 2003, No. 9, §1, eff. Nov. 6, 2003;
Acts 2003, No. 381, §1.

§3997. Charter school employees


A.(1)(a) The governing authority of any charter school may employ such faculty and staff members as
it deems necessary. All potential charter school employees shall be notified of the specific benefits they will be
offered, as specified in the school's charter agreement.
(b) The nonprofit organization shall have exclusive authority over all employment decisions at the
charter schools. However, as provided for in the charter, a nonprofit organization may enter into a contract with
a for-profit organization to manage the charter school and may delegate to the for-profit organization such
authority over employment decisions at the charter school as the nonprofit organization deems necessary and
proper. Any delegation of this authority must be specifically delegated in a service provider agreement.
(c) The governing authority of any Type 5 charter school may bargain and enter into a collectively
bargained contract on behalf of all or any group of its employees. The provisions of this Subparagraph
supersede the provisions of R.S. 17:3996(D) as it relates to Type 5 charter schools.
(2) Employees employed by any charter school who, previous to employment in the charter school,
were employees of a local school board shall, if such employees desire, be placed on leave of absence
pursuant to Subsection B of this Section. However, for the duration of such leave each such employee shall
contribute to and be eligible for the school employees' and teachers' retirement systems, and service time for
the accrual of retirement benefits. However, service time while employed by a charter school shall not accrue
toward the acquisition of permanent status.
(3) Employment in any charter school for all employees other than those provided for in Paragraph (2)
of this Subsection shall be deemed to be employment in a public elementary or secondary school in the state
regarding eligibility for any or all benefits which would otherwise accrue under state law to such an employee in
any other elementary or secondary school, including but not limited to the school employees' and teachers'
retirement systems. However, participation of the charter school and its employees in such benefit programs
shall be contingent upon provisions contained in the school's approved charter.
(4) With regard to participation in the public retirement systems:
(a) The compensation that the teacher or school employee would have received if employed by the
local public school system shall be used to determine employee and employer contribution levels of the
respective retirement systems.

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APPENDIX 1 – Louisiana Charter School Law (Act 42)
(b) Any compensation paid to a teacher or school employee which exceeds the salary that would have
been received if employed by the local school system shall not be deemed as compensation solely for the
purpose of the calculation of future retirement benefits.
B.(1) A local school board shall grant a leave of absence, not to exceed three years, to any employee
in its school system requesting such leave in order to be employed in a charter school.
(2)(a) At the end of the first year of leave authorized by this Subsection, an employee may return to
his former teaching position with the local school board.
(b) At the end of the second year of leave authorized by this Subsection, an employee may make a
written request to the local school board to return to the city or parish school system to a comparable position
from which the leave was granted. Upon such request, the employee shall be permitted to return to a
comparable position even if such return necessitates a reduction in force by the local school board in
accordance with the provisions of R.S. 17:81.4.
(c) At the end of the third year of leave authorized by this Subsection, an employee shall either make
a written request to the local school board to return to the city or parish school system in a comparable position,
if one is available, or resign from the position from which the leave was granted. Any employee requesting to
return to the city or parish school system in a comparable position shall be permitted to return even if such
return necessitates a reduction in force by the local school board in accordance with the provisions of R.S.
17:81.4.
(3) The local school board may require that any request to return to the city or parish school system
be made at least ninety days before the employee would otherwise have to report for duty.
(4)(a) Notwithstanding any provision of law, rule, or regulation to the contrary, upon the return of a
teacher to the city or parish school system such teacher shall retain permanent status gained in the public
school system prior to the leave authorized by this Subsection even if the teacher is terminated by the charter
school.
(b) Upon the return of an employee to the city or parish school system, such employee shall not lose
any right of retirement or salary status or any other benefits to which the employee would have been entitled
had he not taken a leave of absence to teach in a charter school.
(5) Each local school board shall permit any employee granted leave under this Subsection to
continue to participate in any group insurance program in which he was otherwise entitled to participate subject
to the same conditions and costs.
C.(1)(a) Notwithstanding the provisions of Subsections A and B of this Section and in addition to those
provisions, the state board or any local school board may contract with any charter school to provide all or any
portion of the faculty and staff of such school. In such a case, any such faculty and staff members shall be
employees of the contracting state or local board and shall continue as such employees to receive all the same
benefits as other such employees, except as otherwise specified in the charter.
(b) No state or local board employee may be assigned by his employer to serve in a charter school
involuntarily. No action taken or assignment made regarding any employee of a state or local board in any
charter school shall affect the status of the employee as an employee of the board.
(2) The governing authority of the charter school shall have complete and exclusive control over all
decisions regarding assignment, responsibilities, and conduct when such an employee is hired to work at, or is
employed in, its charter school.
D. The governing authority of any charter school may determine whether the members of the faculty
and staff of the school are going to participate in any assessment and evaluation program required by the state,
including the teacher assistance and assessment program pursuant to the Children First Act. For those
schools choosing not to participate in the teacher assistance and assessment program, three years of

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APPENDIX 1 – Louisiana Charter School Law (Act 42)
successful teaching within the charter school shall be deemed to meet the provisions of R.S. 17:3891 which
require the successful completion of the teacher assistance and assessment program in order to obtain or
retain a regular teacher certificate. However, such regular teacher certificate is only valid for teaching within a
charter school, and any teacher with such certificate hired to teach in a public school other than a charter
school shall be required to successfully complete the teacher assistance and assessment program.
E. The provisions of this Section apply to all charter schools except for type 4 charter schools. The
employees in type 4 charter schools are in all respects employees of the local school board entering into the
charter and shall be entitled to the benefits, and be subject to conditions of employment, as prescribed by the
local school board within the charter.
F.(1) The State Board of Elementary and Secondary Education, hereinafter referred to as the "board",
shall develop and administer a process for consideration and settlement of claims by former employees of the
Northwood Preparatory High School, a nonprofit corporation domiciled in Amite, Louisiana, hereinafter referred
to as the "school", for earned but unpaid wages and benefits as the board deems appropriate, subject to the
provisions of this Subsection and pursuant to the availability of funds as provided in Paragraph (4) of this
Subsection.
(2)(a) The board shall develop and administer a process for determining eligibility for settlement and
payment of claims for unpaid wages and benefits by former employees of the school, as well as determining
the amounts due each claimant and the execution of settlements with respect to claims. While the board shall
establish the criteria for eligibility for settlement of a claim, at a minimum, a claimant shall have been employed
by the school at the time of its closure and shall make a claim in accordance with the requirements of the board
no later than July 30, 2003. Any former employee of the school who makes a claim for unpaid wages and
benefits, who is determined by the board to be eligible for consideration for payment of unpaid wages and
benefits shall execute a receipt, release, and waiver of any past, present, or future cause of action against the
state and its departments, agencies, subdivisions, boards, and commissions, and the Tangipahoa Parish
School Board with respect to earned but unpaid wages and benefits, hereinafter referred to as a "settlement
agreement". Such settlement agreements shall contain a clause which provides that neither the state nor any
of its departments, agencies, subdivisions, boards, and commissions, nor the Tangipahoa Parish School Board
shall bear any liability to pay any compensation to a claimant unless the provisions of Subparagraphs (b) and
(c) of this Paragraph are met:
(b) After all settlements have been executed by the board with all claimants who made a valid claim
by July 30, 2003, the board shall certify that a settlement has been effected with every person who was
employed at the school at the time of its closure.
(c) The cooperative endeavor agreement executed by the Louisiana Department of Education and the
Tangipahoa Parish School Board on March 25, 2003, has been amended to extend the effective date of the
contract through December 31, 2003, and to expand the purposes of the contract to include payments either in
whole or in part to the former employees of the school who have entered into settlement agreements with the
board.
(3) The board shall complete its consideration and settlement of claims as provided herein no later
than September 30, 2003. If the conditions of Subparagraphs (b) and (c) of Paragraph (2) are met, the board
shall then transmit a copy of all settlement agreements not later than December 1, 2003, to the Tangipahoa
Parish School Board for its use in determining the payments to be made to the former employees.
(4) In the event the conditions of Subparagraphs (b) and (c) of Paragraph (2) and Paragraph (3) of this
Subsection are met, the Tangipahoa Parish School Board shall make payments to satisfy the settlement
agreements, to the extent that monies are available from the cooperative endeavor agreement with the State

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APPENDIX 1 – Louisiana Charter School Law (Act 42)
Department of Education, with the amount of each payment made at the discretion of the Tangipahoa Parish
School Board based on monies available.
Acts 1997, No. 477, §1, eff. June 30, 1997; Acts 1999, No. 757, §1, eff. July 2, 1999; Acts 1999, No.
1210, §1; Acts 2001, No. 20, §1, eff. May 22, 2001; Acts 2003, No. 944, §1, eff. July 1, 2003; Acts 2005, No.
35, §1, eff. Nov. 30, 2005.

§3998. Reports
A.(1) Each chartering authority shall report to the state board on the number of schools chartered, the
status of those schools, and any recommendations by July first of each year.
(2) Each charter school shall provide a comprehensive report to its chartering authority at the end of
the third year. If the charter school is achieving its stated goals and objectives pursuant to its approved charter,
then the chartering authority shall extend the duration of the charter for the additional two-year period as
provided in R.S. 17:3992(A)(1).
B. The state board shall review information regarding the laws, regulations, and policies from which
charter schools were exempt pursuant to this Chapter to determine if the exemptions assisted or impeded the
charter schools in meeting their stated goals and objectives.
C. The state board shall report to the governor and to the Senate and House Committees on
Education no later than January 1, 2001, on its initial findings including recommendations to modify, expand, or
terminate the approach.
D. In preparing the report required by this Section, the state board shall compare to the extent
statistically possible the performance of charter school pupils with the performance of ethnically and
economically comparable groups of pupils in other schools who are enrolled in academically comparable
courses, including a fiscal and programmatic analysis based on the total per pupil funding in each charter
school in relation to the total per pupil funding in the respective local public school system that has been
invested in instruction.
Acts 1997, No. 477, §1, eff. June 30, 1997; Acts 1999, No. 757, §1, eff. July 2, 1999.

§3999. Application of Chapter


All charter schools shall be governed by the law in effect on August 15, 2003. Thereafter, if the
provisions of this Chapter are amended, all charter schools shall comply with the law as amended within ninety
days of its effective date.
Acts 1997, No. 477, §1, eff. June 30, 1997; Acts 1999, No. 757, §1, eff. July 2, 1999; Acts 2003, No.
381, §1.

PART VI. LOUISIANA CHARTER SCHOOL START-UP LOAN FUND


§4001. Louisiana Charter School Start-Up Loan Fund; creation; purpose; distribution
A. The Louisiana Charter School Start-Up Loan Fund, hereafter referred to as the "fund", is hereby
created within the state treasury for the purposes of providing a source for funding no-interest loans to assist
both existing and new type 1, type 2, or type 3 charter schools with initial start-up funding and for funding the
administrative and legal cost associated with the charter school program.
B. All monies appropriated to the fund and any grants, other donations, or other sources of financial
assistance directed to the fund shall be deposited into the fund. Monies in the fund shall be subject to
appropriation by the legislature and shall be appropriated to the State Board of Elementary and Secondary
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APPENDIX 1 – Louisiana Charter School Law (Act 42)
Education for allocation by the board as no-interest loans for the purposes provided in this Section or for other
educational purposes as determined by the legislature. All unexpended and unencumbered monies remaining
in such fund at the end of each fiscal year shall remain in the fund. The monies in such fund shall be invested
by the state treasurer in accordance with state law, and interest earned on the investment of these monies shall
be credited to the fund, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of
Louisiana, relative to the Bond Security and Redemption Fund.
C.(1) The State Board of Elementary and Secondary Education shall administer the use of the monies
appropriated from the fund and shall adopt rules in accordance with the Administrative Procedure Act. The
adopted rules shall specify that state board approval of any type 2 charter school proposal that includes within
its budget a request for loan funding which complies with the provisions of this Section and details regarding
how those loan funds are to be expended, shall constitute the approval of that loan amount. No additional loan
application paperwork shall be required. Any type 1 or type 3 charter school approved by their local school
board shall be required to submit no more than their approved charter proposal and a detailed budget
identifying how any loan funds are to be expended and how such request complies with the provisions of this
Section. The state board may reject any such request which does not comply with terms of this Section. Such
rules shall also note that any loan funding may only be used to purchase tangible items such as equipment,
technology, instructional materials, and facility acquisition, upgrade, and repairs. Such equipment or other
items shall become the property of the state if the loan is not fully repaid by virtue of the school ceasing to
operate during the three years of automatic loan repayment as noted in Paragraph (3) of this Subsection.
(2) Loans shall be made only to type 1, type 2, and type 3 charter schools and shall not exceed one
hundred thousand dollars to pay for charter school start-up and early operating expenses. No money lent as
provided in this Section may be used to pay prior debts of the nonprofit corporation which formed the charter
school, any of the natural persons principally involved in forming the charter school, or any former or current
business or nonprofit venture of any such natural persons for any purchase not related to the creation of the
charter school, or to pay to members of the immediate family of any such natural persons, or to make any
investments.
(3) Loans to qualifying charter schools shall be repaid with no interest and may be made by the
authority for terms of up to three years. Loan repayment shall occur by having the state Department of
Education automatically reduce the last state payment or payments for each charter school by one-third of the
total loan amount during the initial three years of the loan term. The state Department of Education shall
instead deposit those funds with the state treasury in the Louisiana Charter School Start-up Loan Fund.
(4) The state board shall not knowingly approve the loan portion of any type 2 charter school's budget
proposal if the background checks required by the state board reveals that any person principal to the charter
school proposal has been convicted of any felony related to misappropriation of funds or theft.
Acts 1997, No. 477, §1, eff. June 30, 1997; Acts 1999, No. 757, §1, eff. July 2, 1999; Acts 2001, No.
1182, §2, eff. July 1, 2001.

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APPENDIX 1 – Louisiana Charter School Law (Act 42)
APPENDIX 2 – RECOVERY SCHOOL DISTRICT LAW (ACT 35)

The Recovery School District Law (Act 35) can be found on the following page.

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APPENDIX 2 – Recovery School District Law (Act 35)
AMENDED
Recovery School District Law
ACT No. 35
First Extraordinary Session, 2005
HOUSE BILL NO. 121

BY REPRESENTATIVES
CRANE, ALARIO, DEWITT, DORSEY, HAMMETT, SALTER, AND SCALISE

AND

SENATORS
DUPLESSIS, HEITMEIER, HINES, MOUNT, CHAISSON, DARDENNE, QUINN, THEUNISSEN, AND
ULLO

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APPENDIX 2 – Recovery School District Law (Act 35)
AN ACT

To amend and reenact R.S. 17:1990(A), (B)(1), (2)(a), and (4), (C)(1)(a), (2)(a), and (3),
3973(2)(b)(v)(aa), 3982(A)(1), and 3983(A)(2)(a) and to enact R.S. 17:10.7, 1990(F)(3), 3973(2)(b)(v)(cc),
3983(A)(1)(g), and 3997(A)(1)(c), relative to the Recovery School District; to provide for the transfer of
certain schools to the recovery district; to provide for the operation and management of such schools; to
require the development and approval of a plan for the operation of all schools transferred and to specify
the contents of such plan; to provide for the duration and continuation of the transfer; to require the
recovery district to make certain reports relative to the recovery district; to subject the administration of
the recovery district to the approval of the State Board of Elementary and Secondary Education; to
authorize the recovery district to manage and retain certain funding, including the authorization for
retaining fund balances; to specify that the expenditure of certain funds by the recovery district is subject
to the requirements of the approved Minimum Foundation Program formula; to provide with regard to the
authority of the recovery district to contract with for-profit providers; to provide for the exercise of limited
rights of ownership over property of transferred schools by the recovery district; to provide for the transfer
of certain funding to the recovery district; to provide for the process for the transfer of such funds and for
a limitation on the transfer of such funds; to provide for the expenditure of certain retained funds by
certain city, parish, or other local public school systems; to provide for the eligibility of a student to attend
a school operated under the jurisdiction of the recovery district; to provide for the obligations of the
recovery district in providing services to students; to expand the definition of a Type 5 charter school to
include charters involving certain schools transferred to the recovery district; to provide for the review of
Type 5 charter proposals in compliance with certain standards; to provide prohibitions relative to the
membership of the governing or management boards of certain recovery district charter schools; to
prohibit certain local school boards from considering or acting on Type 1 charter school applications
under certain circumstances; to provide with regard to the authority of the governing authority of a Type 5
charter school to bargain and enter into a collectively bargained contract; to authorize the state
Department of Education to enter into a charter to operate a charter school under certain circumstances;
to provide for effectiveness; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:


Section 1. R.S. 17:1990(A), (B)(1), (2)(a), and (4), (C)(1)(a), (2)(a), and (3), 3973(2)(b)(v)(aa), 3982(A)(1),
and 3983(A)(2)(a) are hereby amended and reenacted and R.S. 17:10.7, 1990(F)(3), 3973(2)(b)(v)(cc),
3983(A)(1)(g), and 3997(A)(1)(c) are hereby enacted to read as follows:

§10.7. School and district accountability; schools in districts in academic crisis; transfer to
Recovery School District

A.(1) Each elementary or secondary school that participates in a Spring cycle of student testing and has a
baseline school performance score below the state average and each alternative school, established
pursuant to R.S. 17:100.5, that provides educational services to students a majority of whose test scores
are reported back to such an elementary or secondary school under a uniform statewide program of
school accountability established pursuant to rules adopted under authority of law by the State Board of
Elementary and Secondary Education, referred to in this Section as "the state board", that is a school in
or granted a charter by a city, parish, or other local public school system that has been declared to be
academically in crisis pursuant to R.S. 17:10.6, and that has at least one school eligible to transfer to the
Recovery School District pursuant to R.S. 17:10.5, shall be designated a failing school and shall be
transferred to the jurisdiction of the Recovery School District established in R.S. 17:1990. The Recovery
School District, referred to in this Section as "the recovery district", shall provide all educational services
required of any city, parish, or other local public school system in order to meet the educational needs of
all students residing in the jurisdiction of the transferring local school system who were attending a
transferred school or who would have been eligible to attend such transferred school because of the
residential location of the student or as the result of any other option or program available to the student.

(2) On and after November 15, 2008, no additional schools shall be

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APPENDIX 2 – Recovery School District Law (Act 35)
transferred to the jurisdiction of the recovery district pursuant to this Section.

B.(1) Any school transferred to the recovery district pursuant to this Section
shall be reorganized as necessary and operated by the recovery district, pursuant to its authority, in
whatever manner is determined by the administering agency of the recovery district to be most likely to
improve the academic performance of each student in the school.

(2)(a)(i) The recovery district, as directed by its administering agency, shall


manage the schools so transferred in a fashion that provides the best educational opportunity to all
students who attended or were eligible to attend such schools without regard to the attendance zones
related to such schools prior to the transfer. The authority provided in this Paragraph includes the
authority to determine and act on which schools should be operated, which schools should be closed,
which schools should be relocated or rebuilt, and what range of grades should be operated in each
school.

(ii) However, the recovery district shall provide for and ensure that schools of appropriate grade that have
open enrollment policies are operating and available for the enrollment of students in reasonable
proximity to the neighborhoods where concentrations of students reside. The recovery district shall use
the best information available to make the determinations of the location of such neighborhoods. The
requirements of this Item shall be reflected in all planning, presenting, reviewing, and approving required
by Subparagraph (b) of this Paragraph.
(b)(i) Within six months after the transfer of a school to the recovery district pursuant to this Section, the
recovery district shall develop and present to the state board, for its approval, a plan for the operation of
all schools transferred. The plan shall be annually updated and reviewed by the state board.
(ii) The plan required in this Subparagraph shall address each of the following:
(aa) The educational needs of all students.
(bb) The number and location of schools to be operated to provide
appropriate educational services to all students. This plan element shall include provision for changes in
the student population being served.
(cc) A method for maintaining clear communication among interested
parties, including the recovery district, the Louisiana Recovery Authority, the chief executive officer of the
governing authority of the relevant municipality or parish, the parents and guardians of children for whom
the recovery district is required to provide educational services, and the city, parish, or other local public
school board from which schools were transferred.

(iii) The requirements of this Subparagraph shall not preclude the operation of a limited number of
schools prior to completion and approval of the required plan provided that such schools are operated in
direct response to the present needs of students and provided that the operation of such schools is
approved by the state board after a review by the board of the data presented by the recovery district
supporting the operation of the schools and review and consideration by the board of the efforts made by
the recovery district to seek and consider input from the community and its leaders and the input gained
from those efforts.

(3) The recovery district shall make an annual report to the House and Senate
committees on education concerning the status, management, and operation of any school transferred to
the recovery district pursuant to the provisions of this Section.

C.(1) The recovery district shall retain jurisdiction over any school transferred to it for a period of not less
than five school years not including the school year in which the transfer occurred if the transfer occurred
during a school year.
(2)(a) No later than nine months prior to the expiration of the five-year period, the recovery district shall
make a report to the state board.

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APPENDIX 2 – Recovery School District Law (Act 35)
(b) The report shall include at a minimum each of the following elements:
(i) The status of each school transferred, the nature of its faculty and administration, the demographics
and size of its student body, its organizational and management structure, whether there has been
improvement in student academic performance and, if so, how much and, if not, why not.
(ii) A recommendation as to whether the school should be:
(aa) Continued in the recovery district pursuant to its reported operational status.
(bb) Continued in the recovery district with a change in its operational status and the nature of the
recommended change.
(cc) Closed and the reasons therefore.
(dd) Returned to the administration and management of the transferring system with proposed
stipulations and conditions for the return.

(3) No later than six months prior to the expiration of the five-year period, the state board shall take action
on the recommendations of the recovery district. Any action that results in an affirmative agreement to
maintain the school in the recovery district shall retain the school in the recovery district for an additional
five-year period, unless a lesser time is adopted by the state board. The report and the action required in
this Paragraph shall occur no later than six months prior to each period of continuation.

D. At the time of the transfer of a school to the recovery district, the parent or guardian with responsibility
for decisions regarding the education of any student attending a transferred school or any student who
would be assigned to attend a transferred school shall be able to continue to have their child enrolled in
and attend a school under the jurisdiction of the recovery district or may exercise an option, if one is
made available by the city, parish, or other local public school board from which the school is being
transferred to have the child enroll in or attend another school operated by the school board.

§1990. Recovery School District; creation; governance; operation


A.(1) The Recovery School District, referred to as the "school district" or the "district", is hereby
established to provide an appropriate education for children attending any public elementary or secondary
school operated under the jurisdiction and direction of any city, parish, or other local public school board
or any other public entity, referred to in this Section as "the prior system", which has been transferred to
its jurisdiction pursuant to R.S. 17:10.5 or 10.7.
(2) The school district shall be administered by the state Department of Education, subject to the approval
of the State Board of Elementary and Secondary Education, referred to in this Section as "the state
board".

B.(1)(a) The school district shall be considered an intermediate educational unit, subject to the limitations
of such units which shall include no authority to levy a tax, but which may shall include authority to seek,
and expend, manage, and retain federal funding and grant funding and to otherwise seek, obtain, and
expend, manage, and retain funding with all the same authority of any city, parish, or other local public
school board or other public entity operating a public school, including the right to maintain and manage
fund balances.

(b) The expenditure of funds shall be subject to the requirements of the approved Minimum Foundation
Program formula that apply to a city, parish, or other local public school system and shall be subject to
audit in the same manner.

(2)(a) The school district may provide for the supervision, management, and operation of a school placed
under its jurisdiction and receive, control, and expend the local, state, and federal funding attributable to
that school, with all the same power and authority as the prior system from which it was transferred
subject to the requirements of this Section, and R.S. 17:10.5 or 10.7, or with any other power and
authority otherwise granted to the district by law. As it relates to schools transferred pursuant to R.S.

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APPENDIX 2 – Recovery School District Law (Act 35)
17:10.7, the authority of the school district is also subject to the approval of the state board of the plan
submitted pursuant to R.S. 17:10.7(B)(2)(b).

The district shall not contract with any for-profit private provider for the general operation of any school
under its jurisdiction or for the general provision of instructional services in any such school. The district
may contract with for-profit providers for any needed services for a school operated under its jurisdiction.

(4)(a) The school district shall have the right to use any school building and all facilities and property
otherwise part of the school and recognized as part of the facilities or assets of the school prior to its
placement in the school district and shall have access to such additional facilities as are typically
available to the school, its students, and faculty and staff prior to its placement in the school district. Such
use shall be unrestricted, except that the school district shall be responsible for and obligated to provide
for routine maintenance and repair such that the facilities and property are maintained in as good an
order as when the right of use was acquired by the district. There shall be no requirement for the district
to provide for the type of extensive repair to buildings or facilities that would be considered to be a capital
expense. Such extensive repairs shall be provided by the governing authority of the city, parish, or other
local public school system or other public entity which is responsible for the facility.

b)(i) In the case of the transfer of schools pursuant to R.S. 17:10.7, the school district may, at the
discretion of the administering agency and notwithstanding the provisions of Subparagraph (a) of this
Paragraph, acquire with the transfer of the schools all the rights and responsibility of ownership regarding
all land, buildings, facilities, and other property that is part of the school being transferred, except that the
school district may not transfer the ownership of the land or usable buildings constructed on the land to
another save returning the land and such buildings to the stewardship of the prior system. The district
may lease land or property, dispose of property other than the land as is necessary to properly manage
the operation of the schools, rebuild school buildings, or renovate school buildings.

(ii) No building shall be destroyed pursuant to the authority of the school district unless the destruction of
the building has been approved by the office of facility planning in the division of administration.

(iii) In the case that the rights and responsibilities provided for in this Subparagraph are acquired by the
school district, the school district, through its administering agency, shall be the exclusive authority to
receive, manage, and expend any and all state, local, or federal funding dedicated to or available for the
purpose of repairing, renovating, or rebuilding, or building a school building or facility and any and all
insurance proceeds attributable to damage done to any property, except that portion of such insurance
proceeds used to pay debt owed by the prior system. A portion of all revenues available to the prior
system which are dedicated to the repair, maintenance, or capital projects regarding a transferred school
whether such revenue is available from tax proceeds, was borrowed, bonded, or was otherwise acquired
shall be transferred by the system to the recovery district in an amount equal to the proportion that the
number of schools transferred from such school system bears to the total number of schools operated by
the school system during the school year immediately proceeding the school year in which the transfer
occurred.

C.(1)(a) The state shall annually appropriate sufficient monies to fund any school in the school district
created in this Part in an amount equal to but not less than the school's October first student membership
count times one hundred percent of the state share per student from all levels as provided in the
Minimum Foundation Program approved formula for the city, parish, or other local public school system in
which each school placed under the jurisdiction of the district is located as contained in the Minimum
Foundation Program budget letter approved by the State Board of Elementary and Secondary Education.
The appropriation shall be made to the administering agency for the district and may be expended by the
agency for the provision of educational services to students in the district.

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APPENDIX 2 – Recovery School District Law (Act 35)
(2)(a)(i) In addition to the appropriation required in Paragraph (1) of this Subsection, any city, parish, or
other local public school board which had jurisdiction of a school prior to its transfer to this district
annually shall either;

(i) Allocate and transfer to the school district an amount of money equal to the number of students
enrolled in such a school times the local per pupil amount received in the prior year by the school system
from all of the following sources as provided in the Minimum Foundation Program approved formula,
excluding any portion which has been specifically dedicated by the legislature or by voter approval to
capital outlay or debt service or which was actually expended by the school board for facilities acquisition
and construction as reported to the state Department of Education:

(aa) Sales and use taxes, less any tax collection fee paid by the school system;.
(bb) Ad valorem taxes, less any tax collection fee paid by the school system;.
(cc) Earnings from sixteenth section lands owned by the school system; or.

(ii)(aa) Suffer Such allocation and transfer shall be accomplished by a reduction in the amount of state
funds otherwise to be allocated to the city, parish, or other local public school system as contained in the
Minimum Foundation Program budget letter approved by the State Board of Elementary and Secondary
Education equal to the amount provided in Item (i) of this Subparagraph this Paragraph which reduction
shall be allocated to the school district.

(bb) In the case that there are insufficient funds available to provide the total due the school district under
this Paragraph if all state funds are reduced and allocated to the school district, the prior system shall
transfer a sufficient amount of money remaining from the sources provided in Item (i) of this
Subparagraph to the school district. In the case that the prior system's local revenues are insufficient to
allow for the allocation to the school district and to allow the prior system to maintain a minimum balance
of ten percent of state Minimum Foundation Program funding and ten percent of the local revenues listed
in Item
(i) of this Subparagraph, local revenues otherwise required to be allocated to the school district shall be
reduced to an amount necessary to allow the prior system to maintain such balances. Such maintained
minimum balances shall be applied firstly to the prior system's 1retiree health insurance costs and
secondly to the prior system's board administrative costs.

(3)(a) Except for administrative costs, monies appropriated to the Recovery School District that are
attributable to the transfer of a school from a prior school system and monies allocated or transferred from
the prior system to the recovery district shall be expended solely on the operation of schools transferred
from the prior system to the jurisdiction of the district.

(b) Notwithstanding the requirements of Subparagraph (a) of this Paragraph, in the case that schools are
transferred pursuant to R.S. 17:10.7 to the school district, monies appropriated to the school district that
are attributable to the transfer of the schools from a prior system and monies allocated or transferred from
the prior system to the school district shall be expended on the provision of services to the students who
were in attendance at such schools or who would have been eligible to attend such schools transferred
from the prior system to the jurisdiction of the district without regard to expending amounts on or in any
particular school provided that such services are provided in compliance with the requirements of R.S.
17:10.7(B)(2)(b).

F.

(3) In addition, in the case that schools are transferred to the district pursuant to R.S. 17:10.7 and
notwithstanding other requirements of this Subsection, the school district may permit any student eligible
to attend any school in the prior system to attend a school operated by the school district in the area of
the transferring system.
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APPENDIX 2 – Recovery School District Law (Act 35)
§3973. Definitions
As used in this Chapter, the following words, terms, and phrases shall have the meaning ascribed to them
in this Section except when the context clearly indicates a different meaning:

(2)

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

(v)(aa) Type 5, which means a preexisting public school transferred to the Recovery School District
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, or between a
nonprofit corporation and a city, parish, or other local school board or other public entity in the case of the
renewal of a Type 5 charter of a school that has been transferred back to the jurisdiction of the local
school board or other public entity pursuant to R.S. 17:10.5(C). 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. Notwithstanding
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.

(cc)(aaa) 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.

(bbb) 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.

§3982. Local school boards; duties

A.(1)(a) Local school boards shall comply with R.S. 17:3983 and shall review and formally act upon each
proposed charter within thirty days of its submission and in the order in which submitted. In doing such
review, the local school board shall determine whether each proposed charter complies with the law and
rules, whether the proposal is valid, complete, financially well-structured, and educationally sound, and
whether it offers potential for fulfilling the purposes of this Chapter.

(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, school boards which govern a
local system that has been declared to be in academic crisis, as defined in R.S. 17:10.6, shall not
consider, review, or act upon charter applications for a Type 1 charter school and shall notify the
proponents of any pending Type 1 charter proposal or any newly submitted Type 1 charter proposal that
the board is ineligible to act on such applications and that each such application may, therefore, be
submitted to the state board as a Type 2 proposal pursuant to R.S. 17:3983(A)(2)(a)(ii).

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APPENDIX 2 – Recovery School District Law (Act 35)
§3983. Chartering process by type; eligibility; limitations; faculty approval; parental approval

A.(1) Any of the following may form a nonprofit corporation for the purpose of proposing a charter as
provided in this Subsection, provided that the group submitting the charter school proposal includes three
or more persons holding valid and current Louisiana teaching certificates:

(g) The state Department of Education, subject to the approval of the state board.

(2)(a)(i) Each proposal for a Type 1 or Type 3 charter school shall first be made to the local school board
with jurisdiction where the school is to be located, except in the case of a local system in academic crisis
as provided for in Item (ii) of this Subparagraph, involving the submission of a written proposal. If, after
review as required by R.S. 17:3982, the local school board denies the proposal, or if conditions placed on
the proposal by the local school board, as provided in Paragraph (B)(2) of this Section, are not acceptable
to those proposing the charter, then a proposal for a Type 2 charter school may be made to the State
Board of Elementary and Secondary Education.

(ii) A proposal for a Type 1 charter school that would otherwise be made to a local school board except
that the local system is in academic crisis shall, in the discretion of the proponents of the proposal, be
made to the state board as a Type 2 proposal.

§3997. Charter school employees

A.(1)

(c) The governing authority of any Type 5 charter school may bargain and enter into a collectively
bargained contract on behalf of all or any group of its employees. The provisions of this Subparagraph
supersede the provisions of R.S. 17:3996(D) as it relates to Type 5 charter schools.

Section 2. This Act shall become effective upon signature by the governor or, if not signed by the
governor, upon expiration of the time for bills to become law without signature by the governor, as
provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and
subsequently approved by the legislature, this Act shall become effective on the day following such
approval.

SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF


THE STATE OF LOUISIANA APPROVED

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APPENDIX 2 – Recovery School District Law (Act 35)

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