HLS 10RS-1427 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1006
BY REPRESENTATIVE HARRISON
EDUCATION DEPARTMENT: Provides that the state superintendent of education shall
be elected rather than appointed
AN ACT1
To amend and reenact R.S. 17:21(B), (C), and (D), relative to the superintendent of2
education; to provide for the election of the superintendent pursuant to the authority3
granted to the legislature by Article IV, Section 20 of the Constitution of Louisiana;4
to provide relative to qualifications and salary of the superintendent; to provide for5
effectiveness of the Act; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:21(B), (C), and (D) are hereby amended and reenacted to read as8
follows: 9
§21. Superintendent of education for public elementary and secondary education;10
general functions; appointment election; qualifications; vacancies;11
compensation12
* * *13
B. The superintendent shall administer and implement policies and programs14
adopted by the board and shall serve as the administrative head of the Department15
of Education. In addition, he shall have such other powers, functions, duties, and16
responsibilities as may be provided by law. The superintendent shall possess such17
qualifications as are adopted by rule by the board. provided by Article IV, Section18
2 of the Constitution of Louisiana for statewide elected officials.19 HLS 10RS-1427 ORIGINAL
HB NO. 1006
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C. The superintendent shall be appointed by a two-thirds vote of the total1
membership of the State Board of Elementary and Secondary Education. The board2
shall enter into a contract with the appointed superintendent. The length of the3
contract shall be determined by the board but may not extend past the end of the term4
of office of the board members making the appointment, except that the contract may5
provide that the superintendent may serve until the succeeding board has made an6
appointment. Any vacancy in the office of the appointed superintendent which7
occurs prior to the expiration of the term of his contract shall be filled for the8
remainder of the unexpired term by the method of appointment as provided in this9
Subsection. elected by the electors of the state for a term of four years at the election10
for statewide elected officials and members of the legislature.11
D. The salary of the superintendent shall be set by the State Board of12
Elementary and Secondary Education subject to the approval of the Joint Legislative13
Committee on the Budget as provided by R.S. 36:10 for statewide elected officials.14
* * *15
Section 2. This Act is enacted pursuant to the authority granted to the legislature by16
Article IV, Section 20 of the Constitution of Louisiana to provide by law that the office of17
superintendent of education shall be an elective office.18
Section 3. The provisions of Section 1 of this Act shall become effective when the19
qualifyin g period opens for candidates for the office in 2011 solely for the purposes of20
qualification of candidates for and election of a superintendent of education at the election21
for statewide elected officials in 2011. For all other purposes and for subsequent elections,22
the provisions of Section 1 of this Act shall become effective at noon on January 9, 2012.23 HLS 10RS-1427 ORIGINAL
HB NO. 1006
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harrison HB No. 1006
Abstract: Provides that the office of state superintendent of education shall be an elective
rather than an appointed office. Provides for the superintendent to be elected
beginning with the election of statewide elected officials in 2011 and provides that
the superintendent shall have the qualifications and salary of statewide elected
officials.
Present constitution (Const. Art. VIII, §2) provides for a superintendent of education for
public elementary and secondary education who, subject to provisions for appointment in
lieu of election in Const. Art. IV, §20, shall be elected for a term of four years. Provides
that, if the office is made appointive, the State Board of Elementary and Secondary
Education (BESE) shall make the appointment. Provides that the superintendent is the
administrative head of the Dept. of Education and shall implement the policies of BESE and
the laws affecting schools under its jurisdiction. Provides that the qualifications and other
powers, functions, duties, and responsibilities of the superintendent shall be provided by law.
Present constitution (Const. Art. IV, §20) authorizes the legislature to provide, by law
enacted by two-thirds of the elected members of each house, for appointment, in lieu of
election, of the superintendent of education. Authorizes the legislature, by law enacted by
two-thirds of the elected members of each house, to reestablish any such office as elective
and, in that event, requires the legislature to prescribe qualifications. (Note: Act No. 444 of
1985 provided for the appointment of the superintendent of education.)
Present law (R.S. 17:21) provides for the superintendent of education for public elementary
and secondary education and provides that he shall execute and implement those educational
policies and programs which are under the supervision and control of BESE and policies and
programs adopted by BESE and serve as the administrative head of the Dept. of Education.
Provides that he shall have other powers, functions, duties, and responsibilities as provided
by law. Provides that the superintendent shall possess such qualifications as are adopted by
BESE rule.
Proposed law removes the provision that the superintendent shall possess such qualifications
as are adopted by BESE rule. Provides that he shall have the qualifications required by
Const. Art. IV, §2 for statewide elected officials. (Const. Art. IV, §2 provides that such an
official, by the date of his qualification as a candidate, shall be age 25, be an elector, and
have been a Louisiana and U.S. citizen for at least the preceding five years. Prohibits a
statewide elected official from holding other public office except by virtue of his elected
office.)
Present law requires that the superintendent be appointed by a 2/3 vote of the total BESE
membership. Requires BESE to enter into a contract with the appointed superintendent with
the contract length to be determined by BESE, not to extend past the end of the term of
office of the BESE members making the appointment, except permits the contract to provide
that the superintendent may serve until the succeeding board has made an appointment.
Provides that a vacancy in the office of superintendent which occurs prior to the expiration
of the term of his contract shall be filled for the remainder of the unexpired term by
appointment in the same manner. HLS 10RS-1427 ORIGINAL
HB NO. 1006
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Proposed law provides instead that the superintendent shall be elected by the electors of the
state for a term of four years at the election for statewide elected officials and members of
the legislature.
Present law provides that the salary of the superintendent shall be set by BESE subject to the
approval of the Joint Legislative Committee on the Budget. Present law (R.S. 36:10)
provides that the salary of each statewide elected official, except the governor, shall be
$115,000, payable monthly upon the statewide elected official's own warrant.
Proposed law provides that the superintendent's salary shall be as provided in present law
for statewide elected officials.
Proposed law specifies that proposed law is enacted pursuant to the authority granted to the
legislature by Article IV, Section 20 of the Constitution of Louisiana to provide by law that
the office of superintendent of education shall be an elective office.
Provisions for qualifications and election of the superintendent are effective when qualifying
opens for election to the office in 2011 solely for purposes of qualification of candidates and
election of a superintendent at the 2011 election. Act is effective for all other purposes and
for subsequent elections at noon on January 9, 2012.
(Amends R.S. 17:21(B), (C), and (D))