Regulatory Exemptions for Louisiana Public Schools Proposed

“Red tape waivers” will become available to public school administrators in Louisiana, if Gov. Bobby Jindal (R) has his way.

Jindal is pushing legislation that would allow public schools to obtain exemptions from certain state laws and education regulations, the same exemptions extended to public charter schools in the Pelican State.

Red Tape Woes

The proposal responds to administrators’ concerns that regulations placed on schools can hold back students’ academic achievement.

“A lot of education bureaucrats say that if they could be free from the same rules and regulations that charter schools are free from, they could improve the education system better and faster. They have been very vocal about this for the last 12 to 18 months,” said Brigitte Nieland, vice president of the Louisiana Association of Business & Industry (LABI).

Jindal’s office says the “Red Tape Reduction Act” would “empower educational leaders to implement comprehensive school reform with greater autonomy, much like what schools are able to do after they are placed in the [Recovery School District]. Schools should not have to wait until they are in the RSD to begin their turnaround. We should not make our children wait to get a better education.”

Louisiana’s Recovery School District is a special statewide district designed to improve schools that fail to meet average yearly progress goals under the federal No Child Left Behind law.

Averting School Failure

Jindal is calling for “common-sense policies” to help get schools back on track before they enter the RSD.

The governor’s office says the Red Tape Reduction Act has three goals.

First, it would ease “burdensome regulations” that hinder academic growth. Second, the law would give additional aid and resources to schools on the cusp of failure to avert a state takeover and placement in the RSD. Finally, the bill would “scale up comprehensive school reform in struggling schools,” which might include new teacher training and evaluation rules.

Calls for Flexibility

Although Nieland has not seen any written legislation based on Jindal’s proposal, she says she fully supports the governor’s goals.

“We have recognized that these bureaucrats have a point, and they should be given the flexibility they say they need to implement changes,” Nieland said.

Neiland notes Jindal’s proposals would give schools a second chance but would not eliminate accountability. “If a school on probation files for a waiver, they do face the risk that their school could be taken over by the state’s Recovery School District if they fail to meet minimum standards after the waiver period,” she said.

“The waivers are all voluntary, however, and any school can apply,” Neiland added.

Neiland also notes waiving a few rules and regulations is not the same as total deregulation. “There is a possibility that these public school bureaucrats do not recognize that charter schools are not free from all rules and regulations,” Neiland explained. “The waiver does not include things such as the child safety.”

Examples of regulations from which districts and schools could seek waivers include curriculum and textbook adoption mandates, instructional time limits that would let struggling schools expand the school day, larger or smaller class sizes, changes to teacher tenure rules, salary schedules, and budgets.

Support from Board Members

Jeanette Vosburg, executive director of the Louisiana Board of Elementary and Secondary Education (BESE), says the board has not taken a position on Jindal’s proposal. But several board members joined Jindal at his press event announcing the plan in February.

First District Representative Penny Dastugue and Sixth District Representative Chas Roemer both said they believe the Red Tape Reduction Act will improve the work of the schools and allow for greater innovation.

“This is something that our local superintendents have requested,” Dastugue said. “I believe it will drive innovation and best practices which will result in improved student achievement.”

“If [educators] want their hands to be untied so they can improve performance, by all means let’s untie them,” LABI’s Neiland said. “But hold them to it.”

Lawmakers reconvene their regular legislative session in Baton Rouge on March 29.

More Internet Information

Read Gov. Jindal’s press release about “Red Tape Reduction Act”: http://gov.louisiana.gov/index.cfm?md=newsroom&tmp=detail&articleID=1881

Sarah McIntosh (mcintosh.sarah@gmail.com) teaches constitutional law and American politics at Wichita State University in Kansas.