La. Admin. Code tit. 28 § CXLV-501

Current through Register Vol. 50, No. 11, November 20, 2024

Section CXLV-501 - Transfer to the Recovery School District

A. A public school may be transferred to the jurisdiction of the RSD if it is determined, as defined by R.S. 17:10.6, to be either academically unacceptable or if it is determined to be academically in crisis. BESE has established a uniform statewide program for school accountability in BESE Bulletin 111-The Louisiana School District and State Accountability System.

1. Academically Unacceptable. A public school determined to be academically unacceptable shall be designated as a failed school and may be transferred to the RSD subject to approval by BESE. The state superintendent will make a recommendation to BESE regarding the transfer of an academically unacceptable school to the RSD.

a. BESE may approve the transfer of an academically unacceptable school if the failed school meets one or more of the following criteria:

i. the LEA fails to submit a reconstitution plan to BESE for approval; or

ii. BESE finds the LEA's reconstitution plan unacceptable; or

iii. the LEA fails to comply with the reconstitution plan approved by BESE; or

iv. the school is labeled an academically unacceptable school for four consecutive years.

b. When the state superintendent makes a recommendation to BESE to transfer an academically unacceptable school to the jurisdiction of the RSD, he will propose performance objectives for the failed school designed to bring the failed school to an acceptable level of performance such that the school earns the ability to transfer out of the RSD according to Bulletin 111-The Louisiana School District and State Accountability System. (LAC 28:LXXXIII.2403. Transfer of Schools out of the Recovery School District).

c. The state superintendent, in conjunction with the RSD, shall evaluate any public school deemed to be academically unacceptable to determine the best method to bring the school to an acceptable level of performance as determined by the statewide accountability plan. The state superintendent shall recommend to BESE any of the following methods for operating a school that has been deemed eligible for transfer to the RSD:

i. the failed school may be operated:

(a). as a direct-run RSD school;

(b). as a charter school,

(c). as a university partnership; or

(d). through a management agreement with a management education management organization;

ii. the RSD may enter into a supervisory memorandum of understanding (MOU) with the LEA under the provisions enumerated in Section 503, "Conditional Transfer Using a Supervisory Memorandum of Understanding," below.

d. BESE shall make the final decision for the transfer of an academically unacceptable public school to the RSD and shall make the final decision on the appropriate method of operating the school as enumerated in Section A.1.c, above.

2. Academically in Crisis. A local school system in which more than 30 schools are academically unacceptable or more than 50 percent of its students attend schools that are academically unacceptable is academically in crisis. Pursuant to R.S. 17:10.7, a public school participating in a Spring cycle of student testing that had a baseline School Performance Score (SPS) below the state average as defined in BESE Bulletin 111-The School, District, and State Accountability System, §301, was within an LEA labeled academically in crisis as defined in R.S. 17:10.6; and was within an LEA with at least one school eligible for transfer to the RSD under R.S. 17:10.5, was designated as a failing school and was transferred to the RSD by operation of law.

a. The state superintendent, in conjunction with the RSD, evaluated the schools transferred to the RSD pursuant to R.S. 17:10.7 to determine the best method of operation to bring the school to an acceptable level of performance. The state superintendent shall recommend to BESE a method of operating the schools transferred to the RSD. BESE shall make the final decision on the operation method of any school transferred to the RSD by operation of law.

b. Acceptable methods of operation for the failed schools include operating as:

i. a direct-run RSD school;

ii. a charter-operated school;

iii. a university partnership school; or

iv. an education management organization.

La. Admin. Code tit. 28, § CXLV-501

Promulgated by the Board of Elementary and Secondary Education, LR 37:878 (March 2011), amended LR 38:353 (February 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10), R.S. 17:10.5(A)(1), R.S. 17:10.7(A)(1), R.S. 17:1990(A)(2), R.S. 17:10.5(B), R.S. 17:10.6, and R.S. 17:10.7(B).