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Regular Session, 2010
HOUSE BILL NO. 210
BY REPRESENTATIVE LEGER
SCHOOLS: Establishes and provides for the La. Statewide Education Facilities Authority
AN ACT1
To enact Part XII of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 17:409.1 through 409.7, and R.S. 36:651(CC), relative to school3
facilities; to create and provide for the Louisiana Statewide Education Facilities4
Authority in the Department of Education; to provide for a board of commissioners5
and an advisory council and for their membership, powers, duties, and functions; to6
provide relative to program participation; to provide relative to ownership and7
control of public school facilities funded through the authority; to provide relative8
to implementation and funding; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Part XII of Chapter 1 of Title 17 of the Louisiana Revised Statutes of11
1950, comprised of R.S. 17:409.1 through 409.7, is hereby enacted to read as follows: 12
PART XII. LOUISIANA STATEWIDE13
EDUCATION FACILITIES AUTHORITY14
§409.1. Louisiana Statewide Education Facilities Authority15
This Part may be referred to as the "Louisiana Statewide Education Facilities16
Authority Act".17 HLS 10RS-996 ORIGINAL
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§409.2. Legislative findings1
The legislature hereby finds and declares the following:2
(1) To provide an education for the children of Louisiana, the facilities in3
which those children learn should meet a standard of excellence.4
(2) The physical facilities in which students learn have a major impact on5
student achievement and success.6
(3) School building quality affects the quality of teaching.7
(4) Louisiana is ranked as one of the four lowest states in terms of per pupil8
spending on school facilities.9
(5) School building quality impacts the perception of a school's academic10
quality.11
(6) Improving school building quality in Louisiana should be a top priority.12
(7) By understanding the current situation regarding school facilities, the13
legislature and education officials are better equipped to determine their next steps.14
§409.3. Louisiana Statewide Education Facilities Authority; creation; board of15
commissioners; meetings; quorum; compensation; employees16
A. There is hereby created the Louisiana Statewide Education Facilities17
Authority within the executive branch of the Department of Education. The purpose18
of the authority is to provide funding, coordination, assistance, and oversight for the19
repair, renovation, and construction of public school facilities.20
B. The domicile of the authority shall be East Baton Rouge Parish.21
C.(1) The authority shall be governed by a board of commissioners22
comprised as follows:23
(a) Three members shall be appointed by the governor, subject to24
confirmation by the Senate, who shall have a background in construction,25
architecture, or finance.26
(b) Two members shall be appointed by the State Board of Elementary and27
Secondary Education, subject to confirmation by the Senate, who shall have a28
background in construction, architecture, or finance.29 HLS 10RS-996 ORIGINAL
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(c) The state superintendent of education or his designee.1
(d) One member shall be appointed by the Louisiana School Boards2
Association, subject to confirmation by the Senate.3
(2) Members shall be appointed to the board no later than October 1, 2010.4
(3) Appointing authorities shall ensure that the membership of the board is5
balanced geographically and that the membership is diverse.6
D. A vacancy occurring on the board for any reason shall be filled in the7
same manner as the original appointment.8
E. Four members of the board shall constitute a quorum necessary for the9
transaction of official business. All official actions of the board shall require an10
affirmative vote of a majority of the commissioners present and voting. 11
F. Members of the board shall serve without compensation but may be12
reimbursed for necessary and actual expenses incurred while fulfilling their official13
duties as a member of the board.14
G. The board shall meet and organize no later than October 16, 2010.15
§409.4. Powers; duties; functions16
A. The authority shall:17
(1) Collaborate with city, parish, and other local public school boards to18
determine how best to meet their specific needs with regard to school facilities.19
(2) Consult with the Education Facilities Authority Advisory Council to20
develop, based on best practices, a formula mechanism through which to assess and21
prioritize applications for funding for local projects submitted by city, parish, and22
other local public school boards. The formula shall, at a minimum, include the23
following:24
(a) Consideration for student health and safety, projected demographic25
changes, adequate space needed to accommodate projected student enrollment, and26
the ability of the local school system to finance school repairs, renovations, and27
construction projects.28 HLS 10RS-996 ORIGINAL
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(b) Ensure that funds are allocated to city, parish, and other local public1
school systems throughout the state based upon the regions established by the State2
Board of Elementary and Secondary Education for the Regional Education Services3
Centers and proportional to public school populations within each region.4
(c) Develop a means for determining the amount of local funds that shall be5
contributed by a city, parish, or other local public school system for each project6
funded by the authority which emphasizes the ability of the school system to fund7
projects locally. The authority may not fund one hundred percent of the cost of any8
project, except on an emergency basis to repair school facilities damaged by fire,9
flood, wind, storm, earthquake, hurricane, or any other natural occurrence.10
(3) Establish design specifications for school facility repair, renovation, and11
construction projects approved for funding by the board, including but not limited12
to energy efficiency and construction materials.13
(4) Review and evaluate existing funding mechanisms to support the14
construction and or rehabilitation of schools in the state.15
(5) Issue a report of its findings to the legislature by December 2010.16
B. If the appropriate funds are available, the Louisiana Statewide Education17
Facilities Authority may:18
(1) Conduct a statewide assessment of public school facilities to assess and19
evaluate the quality and condition of existing public school facilities and compile a20
school-by-school inventory of facility deficiencies and needs.21
(2) Review applications from city, parish, and other local public school22
boards for funding for school facility repairs, renovations, and construction.23
(3) Employ a qualified executive director who shall have a background in24
construction, architecture, or finance to administer the functions, responsibilities, and25
policies of the authority and whose duties shall include but not be limited to the26
following:27
(a) Manage and administer the daily functions of the authority and perform28
all other functions necessary to the effective operation of the authority.29 HLS 10RS-996 ORIGINAL
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(b) Employ necessary staff to carry out the duties and functions of the1
authority. Such staff may include a financial director, a chief of architectural2
services, a liaison for local school systems, and any other necessary support staff.3
(4) Submit to the Joint Legislative Committee on the Budget the formula4
mechanism developed pursuant to R.S. 17:409.4(A)(2).5
(5) Issue an annual report to the legislature of the authority's activity in the6
previous budget year.7
§409.5. Education Facilities Advisory Council; creation; membership; duties;8
functions9
A. There is hereby created the Education Facilities Advisory Council10
comprised as follows:11
(1) The governor or his designee.12
(2) The chairman of the Senate Committee on Education or his designee.13
(3) The chairman of the House Committee on Education or his designee.14
(4) The chairman of the Senate Committee on Finance or his designee.15
(5) The chairman of the House Committee on Appropriations or his16
designee.17
(6) The executive director of the State Bond Commission or his designee.18
(7) The legislative auditor or his designee.19
(8) A representative from the Louisiana School Facility Manager's20
Association appointed by the association.21
(9) A representative from the Louisiana Association of School Business22
Officials appointed by the association.23
(10) A representative of the Louisiana Association of School Superintendents24
appointed by the association.25
(11) A representative of the Louisiana Federation of Teachers appointed by26
the federation.27
(12) A representative of the Louisiana Association of Educators appointed28
by the association.29 HLS 10RS-996 ORIGINAL
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(13) A representative of the Associated Professional Educators of Louisiana1
appointed by the association.2
B. The council shall provide advice and input to the Louisiana Statewide3
Education Facilities Authority board of commissioners to inform policy and funding4
decisions made by the board.5
§409.6. Program participation; ownership and control of facilities6
A. Participation by any city, parish, or other local public school board in any7
program implemented by the Louisiana Statewide Education Facilities Authority is8
voluntary.9
B. Each city, parish, and other local public school board shall retain10
ownership of and control over any school facility for which funding for repairs,11
renovation, or construction was obtained through the authority.12
C. The Louisiana Statewide Education Facilities Authority may serve in an13
oversight capacity over a project undertaken by a city, parish, or other local public14
school board to repair, renovate, or construct a school facility only to the extent that15
the project is funded through the authority.16
§409.7. Funding17
In addition to funds that may be provided by the legislature, the authority18
may seek and accept gifts, grants, and donations, including federal funds, from any19
available source. Implementation of the provisions of this Part that require the20
expenditure of funds shall be subject to the availability of public or private funds, or21
both, for such purposes.22
Section 2. R.S. 36:651(CC) is hereby enacted to read as follows:23
§651. Transfer of boards, commissions, departments, and agencies to Department of24
Education; boards, commissions, and agencies within Department of25
Education26
* * *27
CC. The Louisiana Statewide Education Facilities Authority (R.S. 17:409.128
through 409.7) is placed within the Department of Education and shall exercise and29 HLS 10RS-996 ORIGINAL
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perform its powers, duties, functions, and responsibilities in the manner provided in1
R.S. 36:801.1.2
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)]
Leger HB No. 210
Abstract: Establishes and provides for the La. Statewide Education Facilities Authority.
Proposed law creates the La. Statewide Education Facilities Authority (the authority) within
the executive branch of the Dept. of Education to provide funding, coordination, assistance,
and oversight for the repair, renovation, and construction of public school facilities.
Provides for an uncompensated board of commissioners, for an executive director, and for
an advisory council to provide advice and input to the authority.
Provides that the board shall be comprised of seven members as follows:
(1)Five members – three appointed by the governor, two appointed by BESE – with a
background in construction, architecture, or finance – subject to Senate confirmation.
(2)The state superintendent of education or his designee.
(3)One member appointed by the La. School Boards Association, subject to Senate
confirmation.
Requires the authority to do the following:
(1)Collaborate with school boards to determine how best to meet needs.
(2)Develop formula and mechanism to assess and prioritize applications for funding
local projects.
(3)Establish design specifications for school construction projects approved for funding
by the board.
(4)Evaluate existing funding mechanisms for school construction projects.
Authorizes the authority to do the following if appropriate funds are available:
(1)Conduct a statewide assessment of public school facilities and compile school-by-
school inventory of deficiencies and needs.
(2)Review applications from school boards for facility funding.
(3)Employ an executive director who shall administer the functions of the authority and
employ staff.
(4)Submit the formula and mechanism that the authority is required to develop to the
Joint Legislative Committee on the Budget for approval.
(5)Issue an annual report of its activities to the legislature. HLS 10RS-996 ORIGINAL
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Proposed law authorizes the authority to seek and accept gifts, grants, donations, including
federal funds, from any available source.
Proposed law provides that participation by a school board in an authority program is
voluntary. Provides that a school board retains ownership of and control over any school
facility for which funding is obtained through the authority and that the authority may
exercise oversight over a project only to the extent that the project is funded through the
authority.
(Adds R.S. 17:409.1-409.7 and R.S. 36:651(CC))