Louisiana Revised Statutes 17:3996 – Charter schools; exemptions; requirements
Terms Used In Louisiana Revised Statutes 17:3996
- Arrest: Taking physical custody of a person by lawful authority.
- 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. See Louisiana Revised Statutes 17:3973
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local school board: means any city, parish, or other local public school board. See Louisiana Revised Statutes 17:3973
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:3973
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(16) Repealed by Acts 2012, No. 2, §2.
(17) School and district accountability system.
(18) School bus specifications and inspection requirements.
(19) School bus operational procedures.
(20) School bus operator and bus attendant pre-employment screening and training requirements.
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, La. Rev. Stat. 17:222.
(2) Corporal punishment, La. Rev. Stat. 17:416.1(B), and suspension of students, La. Rev. Stat. 17:223.
(3) Expulsion of students, La. Rev. Stat. 17:224.
(4) In-service training regarding suicide prevention, La. Rev. Stat. 17:437.1.
(5) Attendance reporting, La. Rev. Stat. 17:232.
(6) Admission of home study students, La. Rev. Stat. 17:236.2.
(7) Unauthorized use of electronic communication devices, La. Rev. Stat. 17:239.
(8) Smoking, La. Rev. Stat. 17:240.
(9) Open meetings, La. Rev. Stat. 42:11 et seq.
(10) Public records, La. Rev. Stat. 44:1 et seq.
(11) Teaching regarding the United States Constitution, La. Rev. Stat. 17:261.
(12) Teaching regarding the Federalist Papers and the Declaration of Independence, La. Rev. Stat. 17:268.
(13) Administration of medication and exceptions thereto, La. Rev. Stat. 17:436.1.
(14) Teaching regarding Civics and Free Enterprise, La. Rev. Stat. 17:274.1.
(15) Teaching regarding sex, La. Rev. Stat. 17:281.
(16) Religious liberty of students, La. Rev. Stat. 17:2115 et seq.
(17) Pupil assessment, La. Rev. Stat. 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, La. Rev. Stat. 42:1101 et seq., with the exception of La. Rev. Stat. 42:1119 as it applies to any person employed by a charter school prior to August 15, 2003.
(21) Electronic communication by an employee at a school to a student enrolled at that school, La. Rev. Stat. 17:81(Q).
(22) Teaching regarding the state’s Safe Haven Law, La. Rev. Stat. 17:81(R).
(23) Inspection and operation of fire safety and prevention equipment, La. Rev. Stat. 17:81(S).
(24) Teaching regarding dating violence, La. Rev. Stat. 17:81(T).
(25) Reporting by a school bus operator employed by the governing authority of a public elementary or secondary school of his arrest for one or more of the specified offenses relative to operating a vehicle, La. Rev. Stat. 17:491.3.
(26) School master plans for supporting student behavior and discipline, La. Rev. Stat. 17:252.
(27) Data collection system, La. Rev. Stat. 17:3911.
(28) Reporting by a school employee employed by the governing authority of a public elementary or secondary school of his arrest for one or more of the specified offenses relative to sexual morality affecting minors, La. Rev. Stat. 17:16, any of the crimes provided in La. Rev. Stat. 15:587.1, or any justified complaint of child abuse or neglect on file in the central registry pursuant to Article 615 of the Children’s Code.
(29) Seclusion and physical restraint of students with exceptionalities, La. Rev. Stat. 17:416.21.
(30) Teaching regarding Internet and cell phone safety, La. Rev. Stat. 17:280.
(31) Instruction on the Founding Principles of the United States of America in American history and civics courses, La. Rev. Stat. 17:265.
(32) Procedures on bullying pursuant to La. Rev. Stat. 17:416.14.
(33) School crisis management and response plans, La. Rev. Stat. 17:416.16.
(34) Instruction relative to cardiopulmonary resuscitation and the use of automatic external defibrillators, La. Rev. Stat. 17:81(X).
(35) Instruction and hotline number posting requirements relative to child assault awareness and prevention, La. Rev. Stat. 17:81(Y).
(36) Deferred compensation plans, La. Rev. Stat. 17:81(Z).
(37) School bus loading and unloading provisions, La. Rev. Stat. 17:158(J).
(38) Student information, La. Rev. Stat. 17:3913 and 3914.
(39) Notification of homework assistance services, La. Rev. Stat. 17:182.1.
(40) Discipline of students, La. Rev. Stat. 17:416 and 416.2.
(41) Deaf Child’s Bill of Rights, La. Rev. Stat. 17:1960.
(42) Instruction in cursive writing, La. Rev. Stat. 17:266.
(43) Louisiana Expectant and Parenting Students Act, La. Rev. Stat. 17:221.7.
(44) Instruction in litter prevention and awareness, La. Rev. Stat. 17:267.
(45) Authorization to teach, La. Rev. Stat. 17:7(10).
(46) Criminal history review, La. Rev. Stat. 17:15.
(47) Immunization information, influenza, La. Rev. Stat. 17:170.5.
(48) Behavioral health services for students, La. Rev. Stat. 17:173.
(49) Administration of literacy screening and literacy screening reports, La. Rev. Stat. 17:182.
(50) Instruction in personal financial management, La. Rev. Stat. 17:270.
(51) Instruction relative to shaken baby syndrome, La. Rev. Stat. 17:271.
(52) Parents’ Bill of Rights for Public Schools, La. Rev. Stat. 17:406.9.
(53) Threats of violence or terrorism, La. Rev. Stat. 17:409.1 et seq.
(54) Regulations for the construction, design, equipment, and operation of school buses, La. Rev. Stat. 17:164.
(55) Student fees, La. Rev. Stat. 17:177.
(56) School supplies, La. Rev. Stat. 17:178.
(57) Youth suicide prevention programs, La. Rev. Stat. 17:282.4.
(58) Special education advisory councils, La. Rev. Stat. 17:1944.1.
(59) Quality early literacy initiative, La. Rev. Stat. 17:24.9.
(60) Early literacy instruction, La. Rev. Stat. 17:24.10.
(61) Early literacy professional development, La. Rev. Stat. 17:24.12.
(62) Expanded academic support, La. Rev. Stat. 17:100.13.
(63) Remote school registration and enrollment of children of military personnel transferring to the state, La. Rev. Stat. 17:101.
(64) In-service training regarding adverse childhood experiences and trauma-informed education, La. Rev. Stat. 17:437.2.
(65) Cameras in special education classrooms, La. Rev. Stat. 17:1948.
(66) Learning pods, La. Rev. Stat. 17:4036.1.
(67) Students who are pregnant or parenting, La. Rev. Stat. 17:221.8.
(68) Mental health instruction, La. Rev. Stat. 17:271.1.
(69) Water safety instruction, La. Rev. Stat. 17:276.1.
(70) Posting and distribution of information relative to parental rights, La. Rev. Stat. 17:354.
(71) Parental access to instructional materials, La. Rev. Stat. 17:355.
(72) Screening and intervention, La. Rev. Stat. 17:392.1.
(73) Sudden cardiac arrest education for certain staff and volunteers, La. Rev. Stat. 17:440.2.
(74) Voter registration, La. Rev. Stat. 17:2121.
(75) Numeracy professional development, La. Rev. Stat. 17:24.13.
(76) Organ donation instruction, La. Rev. Stat. 17:280.2.
(77) Elective course on the history and literature of the Bible, La. Rev. Stat. 17:282.
(78) Dyslexia screening and reporting, La. Rev. Stat. 17:392.11.
(79) Carpool and bus line policies, La. Rev. Stat. 17:81(CC).
(80) Posting of public school governing authority fiscal information, La. Rev. Stat. 17:88.1.
(81) Flag and patriotic customs of the United States, La. Rev. Stat. 17:262.
C.(1) 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.
(2) A charter school established and operated in accordance with the provisions of this Chapter shall accordingly recruit, employ, and train teachers, administrators, and other employees without regard to race, color, religion, sex, or national origin. Race, color, religion, sex, and national origin shall not constitute bona fide occupational qualifications. Proficiency in a foreign language may constitute a bona fide occupational qualification for a teacher who spends more than half of his daily instruction time providing instruction in or teaching in a foreign language.
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 La. Rev. Stat. 24:513 et seq.
G. All charter schools established and operated in accordance with the provisions of this Chapter shall comply with the provisions of La. Rev. Stat. 39:1301 through 1315. Each Type 1, 3, 3B, 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 La. Rev. Stat. 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; Acts 2009, No. 214, §1, eff. July 1, 2009; Acts 2009, No. 284, §1, eff. July 1, 2009; Acts 2009, No. 413, §1, eff. July 1, 2009; Acts 2010, No. 321, §1, eff. July 1, 2010; Acts 2010, No. 327, §§1, 2; Acts 2010, No. 533, §1, eff. June 24, 2010; Acts 2010, No. 756, §2, eff. Jan. 1, 2011; Acts 2011, No. 267, §1, eff. June 28, 2011; Acts 2011, No. 328, §1, eff. June 29, 2011; Acts 2012, No. 2, §§1, 2; Acts 2012, No. 384, §1; Acts 2012, No. 393, §2; Acts 2012, No. 861, §1, eff. June 14, 2012; Acts 2013, No. 50, §1; Acts 2013, No. 330, §1; Acts 2014, No. 443, §1; Acts 2014, No. 517, §1; Acts 2014, No. 525, §1; Acts 2014, No. 547, §1, eff. June 9, 2014; Acts 2014, No. 654, §1; Acts 2014, No. 837, §1; Acts 2015, No. 228, §1, eff. June 23, 2015; Acts 2015, No. 239, §1, eff. June 29, 2015; Acts 2015, No. 248, §1, eff. June 29, 2015; Acts 2015, No. 250, §1; Acts 2016, No. 80, §2; Acts 2016, No. 234, §1; Acts 2016, No. 482, §1, eff. July 1, 2017; Acts 2016, No. 497, §1, eff. June 14, 2016; Acts 2016, No. 523, §1; Acts 2017, No. 72, §1, Acts 2017, No. 86, §1; Acts 2017, No. 266, §1; Acts 2017, No. 341, §1; Acts 2018, No. 154, §1; Acts 2018, No. 262, §1; Acts 2018, No. 300, §1; Acts 2018, No. 547, §1; Acts 2018, No. 634, §1, eff. July 1, 2018; Acts 2018, No. 688, §1; Acts 2018, No. 696, §1; Acts 2018, No. 716, §1; Acts 2019, No. 93, §1; Acts 2019, No. 240, §1; Acts 2019, No. 274, §1, eff. June 11, 2019; Acts 2019, No. 377, §1; Acts 2021, No. 108, §1, eff. June 4, 2021; Acts 2021, No. 208, §1, eff. June 11, 2021; Acts 2021, No. 294, §1; Acts 2021, No. 353, §1, eff. June 17, 2021; Acts 2021, No. 400, §1, eff. June 16, 2021; Acts 2021, No. 438, §1; Acts 2021, No. 456, §1, eff. June 23, 2021; Acts 2021, No. 473, §1; Acts 2022, No. 385, §1; Acts 2022, No. 466, §1; Acts 2022, No. 472, §2; Acts 2022, No. 622, §1; Acts 2022, No. 624, §1; Acts 2022, No. 650, §1; Acts 2022, No. 697, §1, eff. June 18, 2022; Acts 2022, No. 722, §3; Acts 2023, No. 180, §3; Acts 2023, No. 215, §2; Acts 2023, No. 260, §1, eff. June 12, 2023; Acts 2023, No. 264, §1; Acts 2023, No. 266, §1; Acts 2023, No. 362, §1; Acts 2023, No. 370, §2.