2006 Louisiana Laws - RS 17:3996 — Charter schools; exemptions

§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.

(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.

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.