Answer

R.S. 17:3997 discusses the employees of a charter school, and it provides that charter schools are authorized to employ all faculty necessary to operate their institution. However, it must provide its employees with the benefits they will be offered. Specifically related to retirement benefits it states: “Employment in any charter school for all employees other than those provided for in Paragraph (2) of this Subsection shall be deemed to be employment in a public elementary or secondary school in the state regarding eligibility for any or all benefits which would otherwise accrue under state law to such an employee in any other elementary or secondary school, including but not limited to the school employees ' and teachers' retirement systems. However, participation of the charter school and its employees in such benefit programs shall be contingent upon provisions contained in the school's approved charter.” R.S. 17:3997(A)(3). Generally a charter school contract can be modified in accordance with R.S. 17:3992(B), which states: “...a school charter may be amended by the approving chartering authority by an affirmative vote of at least a majority of the membership of the chartering authority when such amendment is proposed by the charter school 's governing authority and the amendment will better permit the charter school to achieve its stated objectives.” Despite this general grant of authority to modify charters in R.S.17:3992(B), the Attorney General has opined that R.S. 17.3997(A) does not allow modifications to the retirement system selection made upon the charter's initial approval as the law must be read in accordance with the Louisiana Constitution of 1974. Therefore, the Attorney General concluded that R.S. 17:3997 read in conjunction with La. Const. art. X § 29(A) does not allow for Charter schools to modify their teacher retirement plan during their charter contract. Even if such a modification were authorized the benefit choice could not be changed without giving teachers adequate notice and the opportunity to be heard before the deprivation of this benefit right. See, AG Op. No. 11-0257 Louisiana Legislative Auditor website: 06/01/2025 03:41:25 AM