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Advisory opinion regarding whether employees of the Orleans Parish School Board may serve as board members for charter schools authorized by the Orleans Parish School Board. |
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The Orleans Parish School Board (OPSB) currently oversees four Type 1 and eight Type 3 charter schools, as defined by R.S. 17:3973. As required by R.S. 17:3982, the OPSB annually institutes an application process for new Type 1 and 3 charter schools. The OPSB has the authority to determine which applications will be approved or denied. In regards to existing charter schools, the OPSB determined whether the charters will be extended, not renewed, or revoked.
In addition, the OPSB is responsible for overseeing, monitoring, and evaluating the charter school for compliance with academic, financial, legal, and contractual mandates. The OPSB is also responsible for analyzing and/or submitting certain student and financial data to the state of Louisiana on behalf of its charter schools. Funding for the charter schools is received through OPSB and the charter school budgets are submitted to OPSB.
The charter school board members are unpaid and not appointed by the OPSB.
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1113B prohibits an appointed member of a board or commission, his immediate family member, or a legal entity in which they have a substantial economic interest, from entering into or being in any way interested in a transaction that is under the supervision or jurisdiction of the board or commission.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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