HLS 10RS-1729 ENGROSSED
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1055
BY REPRESENTATIVE RICHMOND
EDUCATION/ADULT: Eliminates the division of adult and community education within
the Dept. of Education and transfers the responsibility for adult education programs
from BESE to LCTCS
AN ACT1
To amend and reenact R.S. 17:221(I) and R.S. 36:649(D), to enact R.S. 17:1871(B)(8) and2
3217.1(D), and to repeal R.S. 17:14, relative to adult education; to provide for the3
school attendance of certain students in adult education programs; to eliminate the4
division of adult and community education within the Department of Education; to5
transfer the responsibility for the provision of adult education programs from the6
State Board of Elementary and Secondary Education to the Board of Supervisors of7
Community and Technical Colleges and to provide with respect thereto; to provide8
for the powers, duties, and functions of the Board of Supervisors of Community and9
Technical Colleges; to provide for an effective date of such transfer; and to provide10
for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. 17:221(I) is hereby amended and reenacted and R.S. 17:1871(B)(8) and13
3217.1(D) are hereby enacted to read as follows:14
§221. School attendance; compulsory ages; duty of parents; excessive absences;15
consent to withdraw; condition for driving privileges16
* * *17
I. Nothing in this Section shall prohibit a child who is at least sixteen years18
of age and who meets criteria established by the State Board of Elementary and19 HLS 10RS-1729 ENGROSSED
HB NO. 1055
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Secondary Education for enrolling in an effective adult education program that is1
approved by the board from enrolling in and attending such a program. A parent,2
tutor, or other person responsible for the school attendance of a child who is at least3
sixteen years of age but under age eighteen and who is enrolled in and is fulfilling4
the attendance requirements of an adult education program that is approved by the5
board shall be considered to be in compliance with the school attendance provisions6
of Paragraph (A)(1) of this Section. As used in this Subsection, an "effective adult7
education program" means an approved program that has a demonstrated and proven8
record of student progress in the attainment of basic skills and essential9
competencies as determined by quality indicators and performance-based criteria10
developed and adopted by the Board of Supervisors of Community and Technical11
Colleges in accordance with R.S. 17:3217.1(D)(2).12
* * *13
§1871. Board of Supervisors of Community and Technical Colleges; establishment;14
members; qualifications and terms; vacancies; duties15
* * *16
B. The board shall:17
* * *18
(8) Beginning July 1, 2010, and continuing thereafter, establish, operate, and19
maintain a statewide adult education program and adopt such regulations as may be20
necessary for the provision of such program.21
* * *22
§3217.1. Louisiana Community and Technical Collleges system College System23
* * *24
D.(1) Beginning July 1, 2010, and continuing thereafter, the board of25
supervisors shall:26
(a) Adopt such rules and regulations as are necessary to establish, operate,27
and maintain a statewide program of adult education to eliminate adult illiteracy and28
to provide opportunities to adults to pursue a course or courses of study which upon29 HLS 10RS-1729 ENGROSSED
HB NO. 1055
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
completion will entitle them to be issued a Louisiana high school equivalency1
diploma.2
(b) Fully fund the cost of a statewide adult education program and allocate3
such funds appropriated therefor based on an adopted formula.4
(2) Each program of adult education shall meet eligibility criteria established5
and adopted by the board and be subject to the overall administration and supervision6
provided by this Subsection. Quality indicators and performance-based criteria, as7
established and adopted by the board, shall be used to allocate funds on an annual8
basis.9
Section 2. R.S. 36:649(D) is hereby amended and reenacted to read as follows:10
§649. Offices; purposes and functions relating to elementary and secondary11
education12
* * *13
D. The office of school and community support shall perform the functions14
of the state relating to student, school, and community health and nutrition programs,15
and transportation, community adult training programs, and postsecondary and16
workforce development programs, all in accordance with applicable law.17
Section 3. R.S. 17:14 is hereby repealed in its entirety.18
Section 4. The Board of Supervisors of Community and Technical Colleges shall19
succeed the State Board of Elementary and Secondary Education as the supervising and20
managing board for adult education programs in Louisiana. The adult education content21
standards and benchmarks set forth in the Louisiana Administrative Code, Title 28, Part22
CXXIX by the State Board of Elementary and Secondary Education shall be deemed to be23
the adult education content standards and benchmarks of the Louisiana Community and24
Technical College System on July 1, 2010, and thereafter for the purposes of R.S.25
17:3217.1(D), until such time as the Board of Supervisors of Community and Technical26
Colleges promulgates rules and regulations in accordance with the Administrative Procedure27
Act regarding the same, to ensure a smooth transition in effectuating and implementing the28
provisions of this Act.29 HLS 10RS-1729 ENGROSSED
HB NO. 1055
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 5. This Act shall become effective on July 1, 2010; if vetoed by the governor1
and subsequently approved by the legislature, this Act shall become effective on July 1,2
2010, or on the day following such approval by the legislature, whichever is later.3
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)]
Richmond HB No. 1055
Abstract: Eliminates the division of adult and community education within the Dept. of
Education and transfers the responsibility for adult education programs from the
State Board of Elementary and Secondary Education (BESE) to the Louisiana
Community and Technical Colleges System (LCTCS).
Relative to K-12 school attendance:
Present law (school attendance law) requires a parent or other person having control or
charge of any child from that child's seventh birthday until his 18th birthday to send such
child to a public or private day school unless the child graduates from high school prior to
his 18th birthday. Specifies penalties for violation. Permits a 17-year-old to withdraw from
school prior to graduation under certain circumstances and allows a parent of a child who
is under 18 and enrolled in school beyond his 16th birthday to request that he attend an
alternative or vocational-technical education program. Allows for admission to a National
Guard Youth Challenge Program. Proposed law retains school attendance requirements in
present law.
Present law allows a child who is at least 16 years old and meets State Board of Elementary
and Secondary Education (BESE)-established criteria to enroll in and attend a BESE-
approved adult education program. Provides that a parent or guardian of such a child is
considered to be in compliance with the school attendance laws. Proposed law retains
school attendance requirements in present law but further specifies that the approved adult
education program attended by the child must be an "effective" program instead of BESE-
approved. Defines this as an approved program that has demonstrated a proven record of
student progress in the attainment of basic skills and essential competencies as determined
by quality indicators and performance-based criteria developed and adopted by the Board
of Supervisors of Community and Technical Colleges (board of supervisors).
Relative to the transfer of adult education programs from BESE to La. Community and
Technical Colleges System (LCTCS):
Present law provides for the establishment of the division of adult and community education
within the state Dept. of Education (DOE) and requires BESE to adopt rules and regulations
to establish, operate, and maintain a statewide adult and community education program on
the elementary and secondary levels. Requires BESE to adopt a formula to fund the program
and to annually request such funding from the legislature. Provides for the appointment of
a director to administer the affairs of the division of adult and community education and the
statewide adult education program. Requires BESE to approve the plan of operation for
developing and implementing all adult and community education programs and provides that
the division is responsible for the overall supervision of such programs funded to parish and
city school systems and to eligible community-based organizations. Provides for the DOE
to allocate funds to school boards to be used to develop and continue a statewide community
education program for the elderly. Provides for such program to be administered, through HLS 10RS-1729 ENGROSSED
HB NO. 1055
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the department, by the division in cooperation with the parish councils on aging acting in an
advisory capacity.
Proposed law repeals present law by removing authority for the division of adult and
community education within the state Dept. of Education. Transfers responsibility to the
Board of Supervisors for Community and Technical Colleges for the provision of such
programs through the La. Community and Technical College System (LCTCS). Provides,
beginning July 1, 2010, the board of supervisors shall establish, operate, and maintain a
statewide adult education program. Requires the board of supervisors to fully fund the cost
of a statewide adult education program and allocate such funds appropriated based on an
adopted formula. Requires each program of adult education to meet eligibility criteria
established and adopted by the board of supervisors. Provides for quality indicators and
performance-based criteria, as established and adopted by the board, to be used to allocate
funds on an annual basis.
Proposed law provides that, to ensure a smooth transition, the adult education content
standards and benchmarks set forth by BESE rule shall be deemed to be the adult education
content standards and benchmarks of LCTCS on July 1, 2010, and thereafter, until such time
as the board of supervisors promulgates rules and regulations.
Effective July 1, 2010.
(Amends R.S. 17:221(I) and R.S. 36:649(D); Adds R.S. 17:1871(B)(8) and 3217.1(D);
Repeals R.S. 17:14)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Deleted proposed provisions requiring the LCTCS board to approve the method
of funding and plan of operation for developing and implementing all adult
education programs and to be responsible for the overall supervision of such
programs funded to eligible entities.
2. Made technical changes.