HLS 10RS-510 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 489
BY REPRESENTATIVE HARRISON
BESE: (Constitutional Amendment) Abolishes BESE, transfers board duties, functions, and
responsibilities to the state superintendent and provides for the superintendent to be
appointed by the governor
A JOINT RESOLUTION1
Proposing to amend Article IV, Section 22(A), Article VII, Sections 10.1(C)(1) and (3) and2
(D)(2)(introductory paragraph) and 10.8(C)(3)(a) and (c), and Article VIII, Sections3
2, 4, 5(D)(introductory paragraph), 9(B), 10(A), 13(A) and (B), and 15 of the4
Constitution of Louisiana and to repeal Article VIII, Section 3 of the Constitution of5
Louisiana, all to provide relative to the administration of education, including6
governance and funding; to abolish the State Board of Elementary and Secondary7
Education and to transfer powers, duties, and functions of the board to the state8
superintendent of education, including the powers and functions of the board related9
to the Louisiana Education Quality Support Fund and the Millennium Trust; to10
provide for the title of the state superintendent and for appointment of the state11
superintendent by the governor; to authorize the state superintendent to develop and12
propose to the legislature a minimum foundation program formula; to permit13
legislative amendment of the formula and to require funding of the formula most14
recently adopted by the legislature; to provide relative to the qualifications and duties15
of parish superintendents; to provide exceptions; to provide for implementation; to16
provide for submission of the proposed amendment to the electors; and to provide17
for related matters.18 HLS 10RS-510 ORIGINAL
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Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members1
elected to each house concurring, that there shall be submitted to the electors of the state of2
Louisiana, for their approval or rejection in the manner provided by law, a proposal to3
amend Article IV, Section 22(A) of the Constitution of Louisiana, to read as follows:4
§22. Term Limits; Certain Boards and Commissions5
Section 22.6
(A) A person who has served as a member of any one or more of the7
following boards or commissions for more than two and one-half terms in three8
consecutive terms combined shall not serve as a member of any of the following9
boards or commissions for a period of at least two years after the completion of such10
consecutive terms of service:11
(1) The Public Service Commission.12
(2) The State Board of Elementary and Secondary Education.13
(3) (2) The Board of Regents.14
(4) (3) The Board of Supervisors for the University of Louisiana System.15
(5) (4) The Board of Supervisors of Louisiana State University and16
Agricultural and Mechanical College.17
(6) (5) The Board of Supervisors of Southern University and Agricultural18
and Mechanical College.19
(7) (6) The Board of Supervisors of Community and Technical Colleges.20
(8) (7) The Forestry Commission.21
(9) (8) The State Civil Service Commission.22
(10) (9) The State Police Commission.23
* * *24
Section 2. Be it resolved by the Legislature of Louisiana, two-thirds of the members25
elected to each house concurring, that there shall be submitted to the electors of the state of26
Louisiana, for their approval or rejection in the manner provided by law, a proposal to27
amend Article VII, Sections 10.1(C)(1) and (3) and (D)(2)(introductory paragraph) and28
10.8(C)(3)(a) and (c) of the Constitution of Louisiana, to read as follows:29 HLS 10RS-510 ORIGINAL
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§10.1. Quality Trust Fund; Education1
Section 10.1.2
* * *3
(C) Reports; Allocation. (1) The State Board of Elementary and Secondary4
Education state superintendent of education and the Board of Regents shall annually5
submit to the legislature and the governor not less than sixty days prior to the6
beginning of each regular session of the legislature a proposed program and budget7
for the expenditure of the monies in the Support Fund. Proposals for such8
expenditures shall be designed to improve the quality of education and shall9
specifically designate those monies to be used for administrative costs, as defined10
and authorized by law.11
* * *12
(3) The legislature shall appropriate the total amount intended for higher13
educational purposes to the Board of Regents and the total amount intended for14
elementary and secondary educational purposes to the State Board of Elementary and15
Secondary Education state superintendent of education which boards shall allocate16
the monies so appropriated to the programs as previously approved by the17
legislature.18
* * *19
(D) Disbursement; Higher Education and Elementary and Secondary20
Education.21
* * *22
(2) The treasurer shall disburse not more than fifty percent of the monies in23
the Support Fund as that money is appropriated by the legislature and allocated by24
the State Board of Elementary and Secondary Education state superintendent of25
education for any or all of the following elementary and secondary educational26
purposes:27
* * *28 HLS 10RS-510 ORIGINAL
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§10.8. Millennium Trust1
Section 10.8. Millennium Trust2
* * *3
(C) Appropriations. 4
* * *5
(3) Appropriations from the Education Excellence Fund shall be limited as6
follows:7
(a) Fifteen percent of monies available for appropriation in any fiscal year8
from the Education Excellence Fund shall be appropriated to the state superintendent9
of education for distribution on behalf of all children attending private elementary10
and secondary schools that have been he has approved by the State Board of11
Elementary and Secondary Education, both academically and as required for such12
school to receive money from the state.13
* * *14
(c) Appropriations may be made for independent public schools which have15
been approved by the State Board of Elementary and Secondary Education state16
superintendent of education or any city, parish, or other local school system and for17
alternative schools and programs which are authorized and approved by the State18
Board of Elementary and Secondary Education state superintendent of education but19
are not subject to the jurisdiction and management of any city, parish, or local school20
system, to provide for an allocation for each pupil, which shall be the average21
statewide per pupil amount provided in each city, parish, or local school system22
pursuant to Subsubparagraphs (d) and (e) of this Subparagraph.23
* * *24
Section 3. Be it resolved by the Legislature of Louisiana, two-thirds of the members25
elected to each house concurring, that there shall be submitted to the electors of the state of26
Louisiana, for their approval or rejection in the manner provided by law, a proposal to27
amend Article VIII, Sections 2, 4, 5(D)(introductory paragraph), 9(B), 10(A), 13(A) and (B),28
and 15 of the Constitution of Louisiana, to read as follows:29 HLS 10RS-510 ORIGINAL
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§2. State Superintendent of Education 1
Section 2. (A) There shall be a state superintendent of education for public2
elementary and secondary education who, subject to provisions for appointment in3
lieu of election set forth in Article IV, Section 20, of this constitution, shall be4
elected for a term of four years. If the office is made appointive, the State Board of5
Elementary and Secondary Education shall make the appointment. shall be appointed6
by the governor, subject to Senate confirmation, and shall serve at the pleasure of the7
governor. He shall be the administrative head of the Department of Education and8
shall implement the policies of the State Board of Elementary and Secondary9
Education department and the laws affecting schools under its jurisdiction. The10
qualifications and other powers, functions, duties, and responsibilities of the11
superintendent shall be provided by law. 12
§3. State Board of Elementary and Secondary Education13
Section 3. (A) Creation; Functions. The State Board of Elementary and14
Secondary Education is created as a body corporate. It (B) The superintendent shall15
supervise and control the public elementary and secondary schools and special16
schools under its his jurisdiction and shall have budgetary responsibility for all funds17
appropriated or allocated by the state for those schools, all as provided by law. The18
board superintendent shall have other powers, duties, and responsibilities as provided19
by this constitution or by law, but shall have no control over the business affairs of20
a city, parish, or other local public school board or the selection or removal of its21
officers and employees; however, the board superintendent shall have the power to22
supervise, manage, and operate or provide for the supervision, management, and23
operation of a public elementary or secondary school which has been determined to24
be failing, including the power to receive, control, and expend state funds25
appropriated and allocated pursuant to Section 13(B) of this Article, any local26
contribution required by Section 13 of this Article, and any other local revenue27
available to a school board with responsibility for a school determined to be failing28 HLS 10RS-510 ORIGINAL
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in amounts that are calculated based on the number of students in attendance in such1
a school, all in the manner provided by and in accordance with law.2
(B)(1) Membership; Terms. The board shall consist of eleven members,3
eight of whom shall be elected from single-member districts, which shall be4
determined as provided by law, and three of whom shall be appointed by the5
governor from the state at large, with consent of the Senate. Members shall serve6
terms of four years, which shall be concurrent with the term of the governor.7
(2) No person who has served as a member of the board for more than two8
and one-half terms in three consecutive terms shall be elected or appointed to the9
board for the succeeding term. This Subparagraph shall not apply to any person10
elected or appointed to the board prior to the effective date of this Subparagraph
1
,11
except that it shall apply to any term of service of any such person that begins after12
such date.13
(C) Vacancy. A vacancy in the office of an elected member, if the remaining14
portion of the term is more than one year, shall be filled for the remainder of the term15
by election, as provided by law. Other vacancies shall be filled for the remainder of16
the term by appointment by the governor.17
§4. Approval of Private Schools 18
Section 4. Upon application by a private elementary, secondary, or19
proprietary school with a sustained curriculum or specialized course of study of20
quality at least equal to that prescribed for similar public schools, the State Board of21
Elementary and Secondary Education state superintendent of education shall approve22
the private school. A certificate issued by an approved private school shall carry the23
same privileges as one issued by a state public school. 24
§5. Board of Regents25
Section 5.26
* * *27
(D) Powers. The Board of Regents shall meet with the State Board of28
Elementary and Secondary Education state superintendent of education at least twice29 HLS 10RS-510 ORIGINAL
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a year to coordinate programs of public elementary, secondary, vocational-technical,1
career, and higher education. The Board of Regents shall have the following powers,2
duties, and responsibilities relating to public institutions of postsecondary education:3
* * *4
§9. Parish School Boards; Parish Superintendents 5
Section 9.6
* * *7
(B) Superintendents. Each parish board shall elect a superintendent of parish8
schools. The State Board of Elementary and Secondary Education shall fix the9
qualifications and prescribe the duties of the parish superintendent. He The10
superintendent of schools need not be a resident of the parish in which he serves.11
§10. Existing Boards and Systems Recognized; Consolidation 12
Section 10.(A) Recognition. Parish and city school board systems in13
existence on the effective date of this constitution are recognized, subject to control14
and supervision by the State Board of Elementary and Secondary Education state15
superintendent of education and the power of the legislature to enact laws affecting16
them. 17
* * *18
§13. Funding; Apportionment19
Section 13.(A) Free School Books. The legislature shall appropriate funds20
to supply free school books and other materials of instruction prescribed by the State21
Board of Elementary and Secondary Education state superintendent of education to22
the children of this state at the elementary and secondary levels.23
(B) Minimum Foundation Program. The State Board of Elementary and24
Secondary Education, state superintendent of education or its successor, shall25
annually develop and adopt propose to the legislature a formula which shall be used26
to determine the cost of a minimum foundation program of education in all public27
elementary and secondary schools as well as to equitably allocate the funds to parish28
and city school systems. Such formula shall provide for a contribution by every city29 HLS 10RS-510 ORIGINAL
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and parish school system. Prior to approval adoption of the formula by the1
legislature, the legislature may return the formula adopted by the board to the board2
and may recommend to the board an amended formula for consideration by the board3
and submission to the legislature for approval. amend the formula. The legislature4
shall annually appropriate funds sufficient to fully fund the current cost to the state5
of such a program as determined by applying the approved formula adopted by the6
legislature in order to insure ensure a minimum foundation of education in all public7
elementary and secondary schools. Neither the governor nor the legislature may8
reduce such appropriation, except that the governor may reduce such appropriation9
using means provided in the act containing the appropriation provided that any such10
reduction is consented to in writing by two-thirds of the elected members of each11
house of the legislature. The funds appropriated shall be equitably allocated to12
parish and city school systems according to the formula as adopted by the State13
Board of Elementary and Secondary Education, or its successor, and approved by the14
legislature prior to making the appropriation. Whenever the legislature fails to15
approve adopt the formula most recently adopted proposed by the board, state16
superintendent, or its successor, with or without amendment, the last formula17
adopted by the board, or its successor, and approved by the legislature shall be used18
for the determination of the cost of the minimum foundation program and for the19
allocation of funds appropriated.20
* * *21
§15. Members of State Board of Elementary and Secondary Education; beginning22
and end of terms Implementation of Appointment of Superintendent by23
Governor; Abolition of State Board of Elementary and Secondary Education24
Section 15. In order to effectuate the terms of office as provided in Article25
VIII, Section 3(B), the successors in office to the elected members whose terms end26
in 1980 and 1982 shall be elected for terms which shall end at noon on the second27
Monday in March in 1984, and thereafter the successors in office to those members28
shall be elected and shall take office at the same time as the governor. The successor29 HLS 10RS-510 ORIGINAL
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in office to the elected member whose term ends in 1984 shall be elected for a term1
which shall end at noon on the second Monday in March in 1988, and thereafter the2
successor in office to that member shall be elected and shall take office at the same3
time as the governor. The successors in office to the appointed members whose4
terms end in 1980 and 1982 shall be appointed for terms which shall end at noon on5
the second Monday in March in 1984, and thereafter the successors in office to those6
members shall be appointed for terms which shall be concurrent with the term of the7
governor making the appointment. The successor in office to the appointed member8
whose term ends in 1984 shall be appointed for a term which shall end at noon on9
the second Monday in March in 1988, and thereafter the successors in office to that10
member shall be appointed for terms which shall be concurrent with the term of the11
governor making the appointment. (A)(1) The provisions of this Section shall12
become part of the constitution and shall become effective on January 1, 2011.13
(2) The provisions of Article IV, Section 22(A), Article VII, Sections14
10.1(C)(1) and (3) and (D)(2)(introductory paragraph) and 10.8(C)(3)(a) and (c),15
and Sections 2, 4, 5(D)(introductory paragraph), 9(B), 10(A), 13(A) and (B), and 1516
of this Article and the repeal of Section 3 of this Article, all as ratified in 2010, shall17
become part of this constitution and shall become effective on the second Monday18
in January of 2012.19
(B) The superintendent of education for public elementary and secondary20
education in office on the day before the second Monday in January of 2012 shall21
serve until his successor is appointed and takes office as provided in Section 2 of this22
Article as ratified in 2010.23
(C) The members of the State Board of Elementary and Secondary Education24
in office on the day this amendment is ratified by the electors of the state and their25
successors shall continue in office through the day before the second Monday in26
January of 2012; however, any vacancy occurring prior to such date shall be filled27
for the remainder of the unexpired term by appointment by the governor, with the28 HLS 10RS-510 ORIGINAL
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consent of the Senate. No election for members of the board shall be held at the1
gubernatorial elections of 2011.2
(D) The minimum foundation program formula in effect on the second3
Monday in January of 2012 shall remain in effect until a new formula is adopted4
pursuant to Section 13 of this Article as ratified in 2010.5
Section 4. Be it resolved by the Legislature of Louisiana, two-thirds of the members6
elected to each house concurring, that there shall be submitted to the electors of the state of7
Louisiana, for their approval or rejection in the manner provided by law, a proposal to repeal8
Article VIII, Section 3 of the Constitution of Louisiana.9
Section 5. Be it further resolved that this proposed amendment shall be submitted10
to the electors of the state of Louisiana at the statewide election to be held on November 2,11
2010.12
Section 6. Be it further resolved that on the official ballot to be used at said election13
there shall be printed a proposition, upon which the electors of the state shall be permitted14
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall15
read as follows:16
To abolish the State Board of Elementary and Secondary Education; to17
provide for appointment by the governor of the state superintendent of18
education, in lieu of election or appointment by the board; to transfer the19
board's powers and responsibilities to the state superintendent; to authorize20
the state superintendent to develop and propose a minimum foundation21
program formula to the legislature; to provide for legislative amendment and22
adoption of the formula; to provide for establishment of qualifications and23
duties of parish superintendents. (Effective on the second Monday in24
January of 2012, except for transitional provisions, which are effective on25
January 1, 2011.) (Amends Article IV, Section 22(A), Article VII, Sections26
10.1(C)(1) and (3) and (D)(2)(introductory paragraph) and 10.8(C)(3)(a) and27
(c), and Article VIII, Sections 2, 4, 5(D)(introductory paragraph), 9(B),28
10(A), 13(A) and (B), and 15; Repeals Article VIII, Section 3)29 HLS 10RS-510 ORIGINAL
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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. 489
Abstract: Abolishes BESE, transfers its functions to the state superintendent of education,
provides for appointment of superintendent by governor, provides for proposal of
MFP formula by superintendent, and permits legislative amendment of MFP
formula.
(1)Present constitution creates and provides for the State Board of Elementary and
Secondary Education (BESE), composed of eight members elected from single-
member districts and three members appointed by the governor with Senate consent
who serve terms concurrent with the governor.
Proposed constitutional amendment abolishes the board on the 2nd Mon. in Jan.
2012. Provides that members in office on the day the amendment is ratified and their
successors shall continue in office until such day in 2012 and that any vacancies
before then be filled by the governor. Provides for no election of board members at
2011 gubernatorial elections.
(2)Present constitution provides for a superintendent of education for public elementary
and secondary education, elected for a four-year term. Provides that he shall be the
administrative head of the Dept. of Education, implement BESE policies and
applicable law, and have such qualifications, powers, functions, duties, and
responsibilities as provided by law. Permits the legislature to make office appointive
by a 2/3 vote, in which case appointment shall be made by BESE. (The legislature
has so provided).
Proposed constitutional amendment changes the title of "state superintendent of
education for public elementary and secondary education" to "state superintendent
of education". Provides that he shall be appointed by the governor, subject to Senate
confirmation, and serve at the governor's pleasure. Requires that he possess
qualifications provided by law.
Proposed constitutional amendment provides that the superintendent in office on the
day before the 2nd Mon. in Jan. 2012 shall remain in office and serve until his
successor is appointed and takes office as provided in the amendment.
(3)Present constitution provides for BESE's powers and functions as follows:
(a)Supervision and control of public elementary and secondary schools and
special schools under its jurisdiction and budgetary responsibility for all
funds appropriated or allocated by the state for those schools, all as provided
by law.
(b)Other powers, duties, and responsibilities as provided by the constitution or
by law.
(c)Approval of certain private schools.
(d)Coordination of public elementary, secondary, vocational-technical, career,
and higher education programs with the Board of Regents. HLS 10RS-510 ORIGINAL
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(e)Fixing of qualifications and duties of superintendents of parish schools.
(f)Control and supervision of parish and city school board systems.
(g)Prescription of school books and other materials of instruction at the
elementary and secondary levels.
Proposed constitutional amendment transfers these powers and functions to the state
superintendent and provides that he shall have other powers, duties, and functions
as provided by the constitution or by law. Provides for establishment of
qualifications and duties of parish superintendents by law. Also removes the
provision that the superintendent implement the board's policies and provides that
he shall implement policies of the legislature and laws affecting schools under his
jurisdiction.
(4)Present constitution requires BESE to annually develop and adopt a formula used to
determine the cost of a minimum foundation program (MFP) of education in all
public elementary and secondary schools and to equitably allocate the funds to public
school systems. Requires formula to provide for contribution by every such school
system. Provides that prior to legislative approval of the formula, the legislature may
return the formula to the board and recommend an amended formula for
consideration by the board and submission to the legislature for approval. Requires
that the legislature annually appropriate funds sufficient to fully fund the current cost
to the state as determined by the approved formula. Prohibits reduction in such
appropriation, except that the governor may reduce such appropriation using means
provided in the Act containing the appropriation, provided that any such reduction
is consented to in writing by 2/3 of the elected members of each house of the
legislature. Requires that funds appropriated be allocated according to the formula
as adopted by BESE and approved by the legislature prior to making the
appropriation. Provides that if the legislature fails to approve the formula most
recently adopted by the board, the last formula adopted by the board and approved
by the legislature shall be used to determine MFP cost and allocation of funds
appropriated.
Proposed constitutional amendment retains present constitution except:
(a)Requires the state superintendent to annually develop the formula and
propose it to the legislature.
(b)Provides that prior to adoption of the formula by the legislature, the
legislature may amend the formula.
(c)Requires that funds appropriated be allocated according to the formula as
adopted by the legislature.
(d)Provides that if the legislature fails to adopt the formula proposed by the
superintendent, with or without amendment, the last formula adopted by the
legislature shall be used to determine MFP cost and allocation of funds
appropriated.
(5)Present constitution provides that BESE annually submit to the legislature and
governor a proposed program and budget for the expenditure of the monies in the La.
Education Quality Support Fund. Provides that the legislature shall appropriate the
total amount intended for elementary and secondary educational purposes to BESE
which shall allocate the monies so appropriated to the programs as previously
approved by the legislature. Present constitution further provides for the
establishment in the state treasury of a special permanent trust known as the
"Millennium Trust". Authorizes appropriations to certain independent public schools HLS 10RS-510 ORIGINAL
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and alternative schools or programs authorized and approved by BESE. Provides for
certain monies to be distributed relative to the MFP and refers to the approval of the
most recent MFP budget letter by BESE.
Proposed constitutional amendment changes these references from BESE to the state
superintendent.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 2, 2010.
Effective on second Mon. in Jan. 2012 except for transitional provisions, which are effective
on Jan. 1, 2011.
(Amends Const. Art. IV, §22(A), Const. Art. VII, §§10.1(C)(1) and (3), and (D)(2)(intro.
para.) and 10.8(C)(3)(a) and (c), and Const. Art. VIII, §§2, 4, 5(D)(intro. para.), 9(B), 10(A),
13(A) and (B), and 15; Repeals Const. Art. VIII, §3)