Page 1

Type 5 Transfer Process: Information for School Leaders Charter Schools Eligible to Transfer to OPSB under BESE Bulletin 129, ยง505

Overview: Type 5 Transfer Process The Recovery School District was created by the state legislature in 2003, as an intervention to manage persistently failing public schools

Defined as schools in Academically Unacceptable Status (F letter grade) for more than four consecutive years

Orleans Parish schools entered the RSD’s jurisdiction under either LA R.S. 17:10.5 or 17:10.7, with most schools being transferred to the RSD in November 2005

By state law, schools transferred to the RSD must remain under its jurisdiction for an initial term of not less than five years 

Orleans Parish schools transferred to the RSD in 2005-’06 began to be eligible to return at the conclusion of the 2010-’11 school year

BESE Bulletin 129, §505 lays out the current standards schools must achieve in order to be eligible to exit the RSD, as well as the current process by which schools may transfer to their previous governing authority



Eligibility Criteria 

In order to be eligible to transfer from the Recovery School District and BESE to the Orleans Parish School Board, a Type 5 charter school must have: A 2012 School Performance Score (SPS) of 80.0 or above, and  A 2013 SPS of 54.0 or above. 


Options for Transfer-Eligible Schools 

Option 1: Remain as a Type 5 charter school within the RSD and under BESE.  

The school will remain under the jurisdiction of the RSD as a Type 5 charter school for the 2014-15 school year. The charter school will again have the opportunity to convert to a Type 3B charter school the following year, if the school continues to meet the eligibility criteria.

Option 2: Transfer to the Orleans Parish School Board (OPSB) as a Type 3B charter school.  

The school will transfer to the jurisdiction of OPSB with the beginning of the new fiscal year (July 1st, 2014) The school may elect to transfer and retain independent LEA status, or to join OPSB’s LEA 4

LEA Status 

A Type 5 charter school has a choice to make when transferring to a Type 3B charter school:  

Option 1 – Choose to have OPSB act as the charter school’s LEA (like a Type 1 or 3 charter school); or Option 2 – Choose to retain its independent LEA status (like a Type 5).

A Type 3B acting as its own LEA:   

can independently apply for and receive state and federal grants; can retain any current grants; and will be responsible for special education funding and programming.


2013-14 Transfer Process Timeline October December

Charter Board Meetings

Transfer decision must be made in during a public meeting of the charter board, in accordance with all Open Meetings Law requirements.

Charter Deadline January 2, 2013 January 14/15, BESE Meeting – Baton Rouge 2013

Deadline for charter boards to notify BESE of the board’s transfer decision. BESE considers requests from eligible schools to transfer to OPSB.

March 1, 2014 OPSB Deadline

Deadline for OPSB to notify BESE that it officially commits to accept the transfer to schools to OPSB and to submit final Type 3B charter contracts to LDE for review. BESE considers and approves final Type 3B charter contract, signifying final approval of the school’s return to OPSB. School officially transfers to OPSB and new OPSB charter contracts are in effect.

March 6/7, 2014

BESE Meeting – Baton Rouge

July 1, 2014

Official Transfer


What Doesn’t Change School-Level Autonomy Parental Choice & Open Enrollment Common Enrollment & Expulsion Authorizer Relationship & Administrative Fee 7

• Personnel, including hiring/firing, salary, benefits, and retirement system determinations • Operations & Budgeting, including ability to independently fundraise, solicit grants, and contract with vendors

• Current state charter school law and OPSB policies prohibit the creation of new academically-selective charter schools • BESE & OPSB policies requires all new charter agreements to include participation in citywide common enrollment (OneApp) and common expulsion processes • RSD and OPSB both collect the full 2% administrative fee for authorizer functions • In the case of Type 3B schools with LEA status, the admin fee is split between OPSB and LDE 11/18/2013

Type 3B Operating Agreement 

The Type 3B operating agreement (charter contract) will be between OPSB and the Type 3B charter school.

The length of the charter school’s first Type 3B operating agreement will be determined one of the following ways. 

Option 1 - the length of the initial charter term will match the number of years remaining on the charter school’s former Type 5 charter contract; or Option 2 - the length of the initial charter term will be a minimum of three years, not to exceed the maximum number of years BESE would grant the charter school, were the school to be considered for renewal based on the school’s current letter grade. (A = 10 years; B = 7 years; C = 6 years; D = 3 years). 8

Accountability & Student Equity 

Type 3B charter schools will continue to comply with policies and processes that are important to student equity:    

Open enrollment Citywide enrollment process (OneApp) Citywide student expulsion process Free student transportation

Type 3B charter schools will retain their academic accountability history, including prior school performance scores 

The charter school’s performance will be included in OPSB’s District Performance Score. 9

Facilities 

When the charter school transfers back to the local school board, the school’s facility transfers with it.

OPSB will either permit the Type 3B charter school to remain in their current facility, or will provide the 3B charter with a comparable facility.

Transfer of a school to OPSB will not disrupt School Facilities Master Plan projects or assignments of charter operators to facilities that have not yet been completed.

If a school that is awaiting RSD completion of a building project chooses to transfer to OPSB, that facility will transferred to OPSB upon completion of the project. 10

Financial Oversight 

A Type 3B charter school acting as its own LEA will undergo the same financial monitoring and oversight by the Louisiana Department of Education Finance Office that it did as a Type 5 charter school  

LDE Ed Finance will withhold 0.25% of the charter admin fee from the school’s MFP allocation to cover the cost of financial monitoring and allocation services 

Annual budgets, Financial Risk Assessment, etc. This process is the same for every LEA in the state (this includes traditional school districts, Type 2 charter schools, and Type 5 charter schools).

This is the same amount withheld by LDE for current Type 5 and Type 2 charter schools

OPSB will conduct additional financial monitoring and oversight for evaluation and authorization purposes. 11