| Advisory opinion request regarding whether an education management organization that contracts to manage the operation of a charter school which charter is issued to a nonprofit by a local school board or other charter authorizer in accordance with the Charter School Demonstration Programs Law becomes a "public employee" by virtue of said management contract. |
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The Louisiana School Board Association is requesting this opinion basing it on an example contract between Charter Schools USA at Lake Charles High School, LLC and Southwest Louisiana Charter Academy Foundation, Inc. The Louisiana School Board Association is a nonprofit whose membership includes 68 parish, municipal and community school systems. The member school systems are charter authorizers under the Charter School Demonstration Programs Law and can issue Type 1, 3 and 4 charter school charters.
The Louisiana School Board Association seeks an opinion as to whether the Charter Schools USA at Lake Charles Charter High School, LLC is a public employee by virtue of its contract with the Southwest Louisiana Charter Academy Foundation, Inc. The Southwest Louisiana Charter Academy Foundation, Inc. applied for and received a charter school charter for a Type 2 charter from the Louisiana Board of Elementary and Secondary Education.
The advisory opinion is not being requested on behalf of neither BESE nor the Charter Schools USA at Lake Charles Charter High School, LLC. It does not appear that the Louisiana School Board Association is a party to any of the charter contracts and it does not appear to be an affected person that would have standing to request this opinion.
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Rule 101 defines "affected person" as any person or governmental agency, or the authorized representative of such person or agency with a demonstrable and objective interest in the board's interpretation, construction, and application of any law within the board's jurisdiction.
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Decline to render for lack of standing.
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| Assigned Attorney: |
Tracy Barker |
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