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

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

Louisiana law allows three types of authorizers: local school boards, the state board of education, and local charter authorizers. The law provides that local charter authorizers can be a state agency (including public postsecondary institutions) or a nonprofit that has an educational mission and meets minimum asset and length of time requirements, and must apply to the state board of education to become an authorizer.  The law states that not more than five local charter authorizers can be approved to operate in any regional labor market area (although each local charter authorizer must affirm their capacity and interest in overseeing at least five schools).

Louisiana law requires each authorizer to report to the state board of education on the number of schools chartered, the status of those schools, and any recommendations by July first of each year.

The law grants the state board of education the authority to approve and oversee any local charter authorizers (including a process of on-going review, corrective actions as needed, and renewal and/or revocation).  This authority does not extend to local school board authorizers. 

Statute requires the state board of education to publish an annual report that covers all public schools (including charters) and includes “a report on the implementation of a total system of choice.”

Louisiana law allows authorizers to annually charge each charter school it authorizes a fee in an amount equal to two percent of per-pupil funding for administrative overhead costs incurred by the chartering authority for considering the charter application and any amendment thereto, providing monitoring and oversight of the school, collecting and analyzing data of the school, and for reporting on school performance.At least thirty days prior to the beginning of each fiscal year, Louisiana law requires each authorizer to provide to each charter school with a projected budget detailing anticipated administrative overhead costs and planned uses for fees charged for such costs. By not later than ninety days following the end of each fiscal year, the authorizer must provide each charter school an itemized accounting of all administrative overhead costs. Additionally, by not later than ninety days following the end of each fiscal year, the authorizer must provide to each charter school an itemized accounting of the actual cost of each purchased service provided to the charter school.

Louisiana law allows an authorizer to provide other services for a charter school and charge the actual cost of providing such services, but no such arrangement must be required as a condition for authorizing the charter school.

Louisiana law allows a charter school to contract with its authorizer for the direct purchase of specific services in addition to those included in administrative overhead costs.  The law requires the authorizer to provide such services at the actual costs incurred by the authorizer, and requires the amount paid by a charter school for such purchased services to be in accordance with a written agreement entered into for this purpose. It provides that such agreement must be negotiated and executed prior to the beginning of each school year, and that absent such an agreement the authorizer has no authority to withhold from the charter school any funds relative to providing such services.  The law also allows transportation costs to be acquired via contract at below cost if both parties agree.

Louisiana law provides application elements for all schools and additional application elements specific to conversion schools, virtual schools, and educational service providers.  The law requires the state board of education to develop a common charter school application and timelines to be used by all authorizers.  In addition, by January 2013, the state board of education must develop a process for authorizing multiple charter schools via one application for charters with a record of success. 

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

State law requires both local school board authorizers and local charter authorizers to also engage in a transparent application review process that complies with the latest Principles and Standards for Quality Charter Schools Authorizers as promulgated by the National Association of Charter School Authorizers, including the public posting of all application forms, timelines, and process for review, and the use of an independent evaluation of the proposal by a third party. 

Louisiana law requires that decisions on charter applications be made by formal vote at official meetings of the public entities responsible, and written explanation of reasons for denial are required.

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

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

The law and policy provide that charter contracts must include specific student performance, financial, and legal and contractual standards that must be met by the charter operator during the term of the charter contract.  Nothing specific to virtual schools is required to be noted in the contract.

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

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

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

Under state law, certain methods and procedures for monitoring a charter school by the authorizer must be established in the charter agreement. The law requires the state board of education to evaluate a charter school's performance based on the state department of education's oversight and monitoring of the charter school's compliance with its statutory, regulatory, and contractual obligations and all reporting requirements. The law requires the state board to communicate its assessments to the schools. Via state regulations, the state board has established performance benchmarks by year of operation and if a school falls short, the state board may require corrective steps to be taken by the school.

Louisiana law requires each charter school to provide a comprehensive report to its chartering authority at the end of its the third year.  If the charter school is achieving its stated goals and objectives pursuant to its approved charter, then the authorizer must extend the charter for the additional two-year period as provided in law. 

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

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

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

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

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

Louisiana law requires authorizers to notify in writing of any decisions made relative to renewal or non-renewal of a school’s charter not later than January 31st of the year in which the charter would expire.  Under state regulations, prior to meeting to present a recommendation of revocation of any charter authorized by the state board of education, the state department of education must notify the charter operator of the reasons.  The school must have an opportunity to provide input, and a hearing must be held consistent with due process protections. This same level of due process protection is not in statute or regulation for those approved by local board authorizers.

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

State board rule details procedures for asset recordkeeping and disposition in the event of a school closure.

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

Nothing is specifically noted that the charter school boards must operate legally and fiscally independent of any ESP.

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

Depending on the type of charter, some restrictions on the enrollment area exist.  Type 2 charters may establish residency requirements to include all students living within the state or as restricted to a particular parish or parishes.
Louisiana law requires charter schools to use an admissions lottery if the total number of eligible applicants exceeds the capacity of a program, class, grade level, or school.

For each type of charter school except Type 5, state law specifies the minimum and/or maximum percentage of at-risk pupils that shall attend each type of charter school. For a conversion charter school, the law requires charter schools to give preference to pupils enrolled in the preexisting school. 

Louisiana law permits a charter school to create admission requirements, which may include specific requirements related to a school’s mission such as auditions for schools with a performing arts mission or proficiency in a foreign language for schools with a language immersion mission.  All types (except type 2) may also include enrollment preferences for students residing within geographic boundaries immediately surrounding each school (although type 5 schools cannot have more than 50% of such students in each grade).   

Previously enrolled students in conversion schools, and students previously enrolled at a charter school and their siblings, are exempt from the lottery. 

Law also permits enrollment preferences of up to 50% of the enrollment for dependent children of permanent employees of a corporate partner (as defined in law).

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

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

Louisiana law requires the provisions of any collective bargaining agreement entered into by the local school board in whose jurisdiction the charter school is located to apply to such charter schools,  unless its approved charter provides otherwise.  A charter operator may select to not be subject to such a collective bargaining agreement in its charter.  This provision does not apply to Type 5 charters, which are exempt from participation in any district collective bargaining agreement.

Louisiana law allows charter schools with a letter grade designation of an A or B, and have met the criteria for automatic renewal, to open and operate two additional schools (serving the same grade levels and the same enrollment boundaries as defined in the charter agreement) without formal application to the authorizer (just notice of its intent).  The authorizer must then enter into a charter agreement for such additional schools. 

Although this is clearly an effort to support replication of successful schools, the law is not clear if these will be multiple schools under a single contract or a charter board holding multiple contracts with an authorizer. Nor does the law require independent fiscal and academic accountability for each school.

Louisiana law is silent about charter eligibility and access.

For district-authorized schools, Louisiana law provides that the district is the LEA and retains responsibility for providing special education services. For state board or local charter authorized schools, the law provides that the school is the LEA and retains the responsibility for providing special education services.

Louisiana law includes some of the model law’s provisions for equitable operational and categorical funding, and there is no evidence of the amount of funds charters receive versus districts.

Louisiana law makes the funding requirements and allocation process clear for each charter type.  The law provides that those approved by local school boards receive their money through them, while those approved by the state board or a local charter authorizer receive funding directly from the state. It also provides some funding for transportation within the allocations provided to charter schools, and statute indicates that charter schools have access to all applicable categorical federal and state funding.

Louisiana law provides the Louisiana Charter School Start-Up Fund, which provides zero-interest loans for both new and existing charter schools of up to $100,000 with terms of up to three years. It allows the loans to be used for facility acquisition, upgrade and repairs. The state is not currently funding this program. 

Louisiana law provides that charter schools are eligible to access tax-exempt financing through the Louisiana Public Facilities Authority.

Louisiana law requires local school boards to make available to chartering groups any vacant school facilities or any facility slated to be vacant for lease or purchase at fair market value.

Louisiana law provides charter schools with the option to participate in the relevant state employee retirement systems (except for Type 4 charters).