Current through Register Vol. 50, No. 3, March 20, 2024
A. To be eligible to submit a type 2 charter
school application, a group must:
1. be
organized as a nonprofit corporation under Chapter 2 of Title 12 of the
Louisiana Revised Statutes, Nonprofit Corporation
Law;
2. be recognized as or have
applied for recognition as a nonprofit corporation under applicable federal
law;
3. have a board of directors
with a minimum of three members and at least 60 percent of the board of
directors shall reside in the Parish or Parishes in which the school seeks to
enroll;
4. include three or more
persons holding valid and current Louisiana teaching certificates in the
development of the charter application;
5. except as provided in Subsection B or C of
this Section, has submitted a proposal for a type 1 or type 3 charter school to
the local school board in whose jurisdiction the charter school is proposed to
be located which:
a. has been denied in the
most recent application cycle, as evidenced by a motion or resolution of the
local school board; or
b. has
conditions that have been placed on it that are unacceptable to the group
proposing the charter as provided for in Paragraph D of this Section;
or
c. the local school board has
not complied with the requirements of a local charter authorizer, as provided
for in §311. C of this bulletin; or
d. the local school board has made no final
decision in accordance with the timelines established by BESE for consideration
of type 1 and 3 charter applications by local school boards as provided for in
§311 of this bulletin; and
e. have
met the requirement set forth in §507, if proposing to convert from a
pre-existing school to a charter school.
B. Applicants applying to operate a charter
school which is to be located in a local school system in academic crisis, as
defined in Bulletin 111, §4901, are not required to submit a type 1 charter
application to such local school system and may submit a proposal for a type 2
charter school directly to BESE.
C.
If the local school system in which a charter group intends to apply to operate
a type 1 or type 3 charter school has received a letter grade designation of
"D" or "F" or any variation thereof, then a proposal for a type 2 charter
school may be made to BESE.
D. Type
2 Charter Appeals Based on Conditions
1. Each
approved charter may be approved subject to whatever other resolutory or
suspensive conditions the chartering authority requires provided the charter
school agrees with the conditions.
2. If the local board seeks to amend the
charter contract in a manner that is unacceptable to the charter school or if
the charter school finds requested terms for charter renewal to be
unacceptable, the charter school may petition BESE to convert to a Type 2
charter school.
3. A charter school
may request a Type 2 charter appeal based on:
a. resolutory or suspensive conditions
imposed on the approved charter by the local school board that the charter
school does not agree with; or
b.
amendments being imposed on the charter contract or new terms in the renewal
contract by the local school board that the charter school finds to be
unacceptable.
4. A
charter school requesting an appeal under this section shall do so in
accordance with timelines and procedures developed by the department.
5. The state superintendent may disqualify a
charter school from submitting a type 2 charter appeal under this section to
BESE if the conditions imposed by the chartering authority are required by
state law or policy.
E.
The eligibility criteria set forth in this section shall be the minimum
criteria necessary to be approved for a type 2 charter.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:6(A)(10),
R.S.
17:3973,
R.S.
17:3981,
R.S.
17:3982,
R.S.
17:3983, and
R.S.
17:3991.
