LAC 28:CXXXIX.2713. Required Student Enrollment Percentages

A. Charter schools shall maintain required student enrollment percentages as provided in this Section, based on the demographic information collected in the October 1 pupil membership. B. The following definitions shall apply in this Section. Economically Disadvantaged—any one of the following characteristics of a student: a. is eligible for the Louisiana food assistance program for low-income families; b. is eligible for the Louisiana disaster food assistance program; c. is eligible for the Louisiana program for assistance to needy families with children to assist parents to becoming self-sufficient; d. is eligible for the Louisiana healthcare program for families and individuals with limited financial resources; e. is eligible for reduced price meals based on the latest available data; f. is an English language learner; g. is identified as homeless or migrant pursuant to the McKinney-Vento Homeless Children and Youth Assistance Act and the Migrant Education Program within the Elementary and Secondary Education Act; h. is incarcerated with the office of juvenile justice or in an adult facility; and/or i. has been placed into the custody of the state. Students with Exceptionalities—students identified as having one or more exceptionalities, as defined in R.S. 17:1942, not including gifted and talented. C. Unless otherwise explicitly stated in the charter school’s contract, or otherwise provided by charter law, each charter school created as the result of a conversion during or prior to the 2011-2012 school year shall maintain the following student enrollment percentages: 1. the charter school percentage of economically disadvantaged students shall be greater than or equal to the percentage of economically disadvantaged students enrolled at the school in the school year prior to the establishment of the charter school; and 2. the charter school percentage of students with exceptionalities shall be greater than or equal to the percentage of students with exceptionalities enrolled at the school in the school year prior to the establishment of the charter school. D. Except as otherwise provided by charter law, each charter school created as a new school and each charter school created as a result of a conversion after the 2011-2012 school year shall maintain the following student enrollment percentages: 1. the charter school percentage of economically disadvantaged students shall be greater than or equal to 70 percent of the percentage of economically disadvantaged students from the local public school districts from which the charter school enrolls; and 2. the charter school percentage of students with exceptionalities shall be greater than or equal to 70 percent of the percentage of students with exceptionalities from the local public school districts from which the charter school enrolls. E. For the purpose of Subsection D of this Section, the department shall determine the percentages of economically disadvantaged students and students with exceptionalities from local public school districts as follows. 1. For charter schools in operation prior to July 1, 2016, the student enrollment percentages shall be based on the October 1, 2015 pupil membership count and shall remain fixed until the charter school's contract is renewed, unless otherwise provided for in existing charter contracts. 2. For charter schools beginning an initial or renewal charter contract term on or after July 1, 2016, the student enrollment percentages shall be based on the pupil membership counts from the school year immediately preceding the beginning of the charter contract term and shall remain fixed during the charter contract term. F. The department shall perform all calculations necessary to implement this Section and shall develop procedures for annually determining whether each charter school has complied with the application and enrollment transparency requirements of this Section. G. Annually, the department shall make a report to BESE on the student enrollment percentages detailed in this Section for all public schools and local education agencies. H. Each charter authorizer shall hold its authorized charter schools accountable for meeting the required student enrollment percentages in this Section in accordance with state law by taking the following actions for each charter school that fails to meet required enrollment percentages: 1. conducting an inquiry to determine all actions taken by the charter school to attempt to meet the requirements and the reasons for such failure; and 2. providing a written notice to the charter school that provides a process or actions to address the deficiencies and adequately meet the needs of students. a. Failure to meet the requirements of this Section does not solely constitute grounds for revocation of a charter; however, the charter authorizer may require compliance with actions prescribed pursuant to this Subsection. b. Required actions may include, but are not limited to, targeted outreach efforts and enrollment lotteries weighted proportionately to the specific deficiency identified in the required percentages. c. Each school is responsible for maintaining documentation of outreach efforts and lottery proceedings conducted in an effort to meet the requirements of this Section. I. If the aggregate student enrollment data for all of the charter schools located within the boundaries of the city or parish school system in which a charter school is located meets the enrollment requirements of economically disadvantaged students and students with exceptionalities, not including gifted and talented, every charter school located within the boundaries of the school system shall be deemed to be in compliance with the provisions of this Section. J. Each charter school authorizer shall maintain procedures for investigating alleged noncompliance with Subsection 2107(I) of this Part by any charter school operating under its authority. The requirements of this Subsection may be satisfied through existing procedures, such as those required under state or federal anti-discrimination provisions. Each charter school authorizer shall submit copies of the procedures required by this Subsection to the LDOE no later than May 31 of each year. 1. The LDOE shall develop guidance for charter authorizers regarding the implementation of the procedures and steps authorizers shall take in response to a charter school’s failure to meet the requirements of this Section.