Answer

Charter Schools are not statutorily mandated to comply with the surplus property laws of the state, as those laws are not included in the laws that apply to charter schools as set forth in R.S. 17:3996(B). However, as a BESE authorized charter, the charter school is responsible for accounting for all property placed in its possession or purchased using public funds to BESE upon dissolution or closure of the charter school. See R.S. 17:3991(H). Further, the charter school must comply with any additional requirements imposed by its authorizer (BESE) through its charter. Finally, the school should also ensure that it complies with any Federal program requirements for property purchased using Federal funds. The Academy should contact the Department of Education, to ensure that they comply with any requirements that BESE/LDOE may require of BESE authorized charters. Although the ordinary statutory surplus property procedures may not apply, the charter should still ensure that it gets fair value for the sale of any property procured with public funds. Additionally, any proceeds from the sale of surplus property procured using public funds should be included with the other public funds of the charter school. Finally, the Charter school should ensure that it complies with all applicable provisions of the Code of Government Ethics, including prohibitions against employees participating and/or engaging in transactions with their agency. See R.S. 17:3996(B)(20), R.S. 42:1112 and R.S. 42:1113. These provisions would likely prohibit school employees from purchasing any of the surplus property sold by their school. However, only the Board of Ethics can determine if a violation of the Code of Government Ethics would arise or not. Louisiana Legislative Auditor website: 05/18/2024 08:51:43 PM