La. Admin. Code tit. 28 § CXXXIX-4003

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

Section CXXXIX-4003 - Applicability of State Laws

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 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, R.S. 17:416.1(B), and suspension of students, R.S. 17:223;

3. expulsion of students, R.S. 17:224;

4. attendance reporting, R.S. 17:232;

5. admission of home study students, R.S. 17:236.2;

6. unauthorized use of electronic communication devices, R.S. 17:239;

7. smoking, R.S. 17:240;

8. open meetings, R.S. 42:11 et seq.;

9. public recoR.S. rds, 44:1 et seq.;

10. teaching regarding the United States Constitution, R.S. 17:261;

11. teaching regarding the Federalist Papers and the Declaration of Independence, R.S. 17:268;

12. in-service training regarding suicide prevention, R.S. 17:437.1;

13. teaching regarding civics and free enterprise, R.S. 17:274.1;

14. teaching regarding sex, R.S. 17:281;

15. religious liberty of students, R.S. 17:2115 et seq.;

16. pupil assessment, R.S. 17:24.4;

17. any school and district accountability system required by law of a public school of similar grade or type;

18. 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;

19. 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;

20. electronic communication by an employee at a school to a student enrolled at that school, R.S. 17:81(Q);

21. teaching regarding the state's Safe Haven Law, R.S. 17:81(R);

22. inspection and operation of fire safety and prevention equipment, R.S. 17:81(S);

23. teaching regarding dating violence, R.S. 17:81(T);

24. reporting by a school bus operator employed by the governing authority of a public elementary or secondary school of his arrest for one or more of the specified offenses relative to operating a vehicle, R.S. 17:491.3;

25. school master plans for supporting student behavior and discipline, R.S. 17:252;

26. data collection system, R.S. 17:3911;

27. reporting by a school employee employed by the governing authority of a public elementary or secondary school of his arrest for one or more of the specified offenses relative to sexual morality affecting minors, R.S. 17:16, any of the crimes provided in R.S. 15:587.1, or any justified complaint of child abuse or neglect on file in the central registry pursuant to Article 615 of the Children's Code;

28. seclusion and physical restraint of students with exceptionalities, R.S. 17:416.21;

29. teaching regarding Internet and cell phone safety, R.S. 17:280;

30. instruction on the founding principles of the United States of America in American history and civics courses, R.S. 17:265;

31. procedures on bullying pursuant to R.S. 17:416.13;

32. school crisis management and response plans, R.S. 17:416.16;

33. instruction relative to cardiopulmonary resuscitation and the use of automatic external defibrillators, R.S. 17:81(X);

34. instruction and hotline number posting requirements relative to child assault awareness and prevention, R.S. 17:81(Y);

35. deferred compensation plans, R.S. 17:81(Z);

36. school bus loading and unloading provisions, R.S. 17:158(J);

37. student information, R.S. 17:3913 and 3914;

38. notification of homework assistance services, R.S. 17:182.1;

39. prohibits suspension or expulsion of students in grades prekindergarten through five, R.S. 17:416(J);

40. deaf child's bill of rights, R.S. 17:1960;

41. instruction in cursive writing, R.S. 17:266;

42. Louisiana Expectant and Parenting Students Act, R.S. 17:221.7;

43. instruction in litter prevention and awareness, R.S. 17:267;

44. administration of medication and exceptions thereto, R.S. 17:436.1;

45. participation in one hour of annual in-service training on recognizing adverse childhood experiences and the utilization of trauma-informed education, R.S. 17:437.2.

46. organ donation instruction, R.S. 17:280.2.

47. elective course on the history and literature of the Bible, R.S. 17:282.

48. written policies regarding carpool and bus line procedures in accordance with LAC 28:CXIII.903. (Bulletin 119 ) and R.S. 17:81.

49. display of the national motto in each classroom in each school under its jurisdiction, R.S. 17:262;

50. completion of approved numeracy skills course in accordance with LAC 28:CXV.511, R.S. 17:24.13;

51. dyslexia screening and reporting, R.S. 17:392.11.

La. Admin. Code tit. 28, § CXXXIX-4003

Promulgated by the Board of Elementary and Secondary Education in LR 44246 (2/1/2018), Amended LR 481269 (5/1/2022), Amended LR 50178 (2/1/2024), Amended LR 50657 (5/1/2024), Repromulgated LR 50783 (6/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10) and R.S. 17:3996.