HLS 10RS-716 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 709
BY REPRESENTATIVE BROSSETT
EDUCATION: Provides relative to the New Orleans Center for the Creative Arts (NOCCA)
AN ACT1
To amend and reenact R.S. 11:701(33)(c), R.S. 17:1970.21, 1970.22(1) and (2), 1970.23(A),2
1970.24(A), (B)(1)(a) through (c) and (2)(a), (C), (E)(1)(b), (d), (i), (m), and (n) and3
(2)(f), 1970.25(A), and 1970.26(A)(2)(b), (B)(2), and (C)(1)(introductory paragraph)4
and (2), R.S. 36:651(D)(8), and R.S. 42:1111(A)(3), relative to the New Orleans5
Center for the Creative Arts/Riverfront; to provide with respect to legislative intent;6
to provide relative the center's placement as a state agency in the Department of7
Education; to provide for a change in the center's name; to provide relative to student8
eligibility, board membership, terms, powers, duties, and faculty; and to provide for9
related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 11:701(33)(c) is hereby amended and reenacted to read as follows:12
§701. Definitions13
As used in this Chapter, the following words and phrases have the meaning14
ascribed to them in this Section unless a different meaning is plainly required by the15
context:16
* * *17
(33)18
* * *19 HLS 10RS-716 ORIGINAL
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(c) "Teacher" shall include all nonclassified employees of the state who are1
administrators, faculty members, and other professional employees at the New2
Orleans Center for Creative Arts/Riverfront. Arts.3
* * *4
Section 2. R.S. 17:1970.21, 1970.22(1) and (2), 1970.23(A), 1970.24(A), (B)(1)(a)5
through (c) and (2)(a), (C), (E)(1)(b), (d), (i), (m), and (n) and (2)(f), 1970.25(A), and6
1970.26(A)(2)(b), (B)(2), and (C)(1)(introductory paragraph) and (2) are hereby amended7
and reenacted as follows:8
PART II-B. NEW ORLEANS CENTER FOR CREATI VE9
ARTS/RIVERFRONT ARTS10
§1970.21. Legislative intent11
It is the intention of the legislature to enrich the cultural life of Louisiana, to12
honor the history and past contribution of the state to the creative and performing13
arts, and to provide continuing opportunities for the development of young artists by14
preserving and enlarging a program for providing professional training to high15
school students by reorganizing the program as a state agency. It is intended that the16
center shall be established pursuant to a joint agreement between the state and the17
Orleans Parish School Board in which the school board, for a nominal annual18
amount, leases to the state the property upon which the state facility in which the19
programs of the center are operated by the Orleans Parish School Board prior to July20
1, 2000. It is intended that the center result from the transition of the creative arts21
programs incubated by the Orleans Parish School Board for high school sophomores,22
juniors, and seniors to the state-supported center. It is intended that the state shall23
make use of the facility in a manner consistent with the history, traditions, goals, and24
principles of the New Orleans Center of Creative Arts as it existed prior to July 1,25
2000. It is intended that the center be dedicated to providing professional quality26
opportunities for training, coaching, and performing for those students who aspire27
to be artists, performers, and arts technicians and who have demonstrated an aptitude28
for such work. It is intended that the center also act as a center to provide expanded29 HLS 10RS-716 ORIGINAL
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opportunities for the community to experience and appreciate excellence in the1
creative arts.2
§1970.22. Definitions3
As used in this Part, the following words, terms, and phrases shall have the4
meanings ascribed to them in this Section, except when the context clearly indicates5
a different meaning:6
(1) "Board" means the Board of Directors of the New Orleans Center for7
Creative Arts/Riverfront. Arts.8
(2) "Center" means the New Orleans Center for Creative Arts/Riverfront.9
Arts.10
* * *11
§1970.23. New Orleans Center for Creative Arts/Riverfront. Arts; creation;12
location; purpose; governance; relationship with the Orleans Parish School13
Board14
A. There is hereby created the New Orleans Center for the Creative15
Arts/Riverfront Arts which shall be a state center primarily for the training of high16
school sophomores, juniors, and seniors students operated in a facility owned by the17
state which was designed and built to house a program of professional quality18
training, coaching, and performing for students who aspire to be artists, performers,19
and arts technicians. which is located on land leased to the state by the Orleans20
Parish School Board for such a purpose. The center shall be operated primarily as21
a regional facility provide for the enrollment of qualified students from the parishes22
of Orleans, Jefferson, Lafourche, Plaquemines, St. Bernard, St. Charles, St. John the23
Baptist, St. Tammany, Tangipahoa, and Terrebonne. state of Louisiana. The center24
shall begin operation as a state center as provided in this Part beginning July 1, 2000.25
The center shall be an agency of state government in the state executive branch of26
the Department of Education as provided in R.S. 36:801.1 and shall be, except as27
otherwise provided in this Part, independent of the control of the state superintendent28 HLS 10RS-716 ORIGINAL
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and of all local and state education boards, except its the New Orleans Center for the1
Creative Arts board of directors.2
* * *3
§1970.24. Board of directors; creation; membership; terms; powers and duties;4
voting; compensation5
A. There is hereby created a New Orleans Center for Creative6
Arts/Riverfront Board of Directors Arts board of directors to govern and provide for7
the management of the center.8
B. (1) The board of directors shall be composed of thirteen persons as9
follows:10
(a)(i) Two persons Effective until June 30, 2012, two members appointed by11
the Orleans Parish School Board, whose terms shall expire on June 30, 2012.12
(ii) Effective July 1, 2012, two members as follows:13
(aa) One member appointed by the Orleans Parish School Board, subject to14
the approval of the governor. He may be replaced by resolution of the school board.15
His term shall be concurrent with his term on the school board.16
(bb) One member appointed by the state superintendent of education.17
(b)(i) Three persons Effective until June 30, 2010, two members appointed18
by the governor, neither of whom is serving as the vice president of the board upon19
the effective date of this Act and at least one of whom shall be a member of a20
minority racial group in the state, whose terms shall expire on June 30, 2010.21
(ii) Effective July 1, 2010, two members appointed by the governor, at least22
one of whom shall be a member of a minority racial group in the state.23
(iii) Effective until June 30, 2012, one person appointed by the governor and24
serving as the vice president of the board upon the effective date of this Act, whose25
term shall expire on June 30, 2012, and for whom no successor shall be appointed.26
(c) Six persons shall be appointed by the governor from among nominees for27
such appointment as follows:28 HLS 10RS-716 ORIGINAL
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(i)(aa) One person Effective until June 30, 2010, one member from among1
nominees submitted by the mayor of the city of New Orleans and identified by him2
as a professional creative artist, whose term shall expire on June 30, 2010.3
(bb) Effective July 1, 2010, one member identified as a professional creative4
artist from among nominees submitted by the mayor of the city of New Orleans.5
(ii)(aa) One person Effective until June 30, 2012, one member from among6
nominees submitted either by the presidents of Dillard University, Xavier University,7
and Southern University at New Orleans, acting jointly either personally or by a8
person designated from among their most senior university colleagues, or by one9
such president or his designee for one term alternated with the other presidents or10
their designees for subsequent terms, as decided by them jointly , whose term shall11
expire on June 30, 2012.12
(bb) Effective July 1, 2012, one member from among nominees submitted13
either by the presidents of Dillard University, Xavier University, and Southern14
University at New Orleans, acting jointly either personally or by a person designated15
from among their most senior university colleagues, or by one such president or his16
designee for one term alternated with the other presidents or their designees for17
subsequent terms, as decided by them jointly.18
(iii)(aa) Two persons Effective until June 30, 2012, two members from19
among nominees submitted by the New Orleans Center for the Creative Arts20
Institute, whose terms shall expire on June 30, 2012.21
(bb) Effective July 1, 2012, two members from among nominees submitted22
by the New Orleans Center for Creative Arts Institute, at least one of whom shall be23
a member of a racial minority group in the state.24
(iv)(aa) Two persons Effective until June 30, 2010, two members from25
among nominees submitted by the parents association or the faculty or the alumni26
association of the New Orleans Center for Creative Arts/Riverfront Arts as decided27
by such organizations, whose terms shall expire on June 30, 2010.28 HLS 10RS-716 ORIGINAL
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(bb) Effective July 1, 2010, two members as follows:1
(I) One member from among nominees submitted by the faculty and2
employed as at least a half-time faculty member.3
(II) One member from among nominees submitted by the alumni association4
who is an alumnus or alumna of the center.5
* * *6
(2)(a) Each set of nominees shall contain ranked nominations and not less7
than twice the number of nominees as there are positions to be filled on the board by8
appointment from among them.9
* * *10
C.(1) Except as otherwise provided for the initial members, all board11
members shall serve a four-year term and may be reappointed subject to the12
nomination process.13
(2) The term successor of each initial member shall expire on June 30, 2004,14
regardless of when originally appointed. be appointed in the same manner as his15
predecessor unless otherwise provided.16
(3) Members of the board shall continue to serve until replaced.17
* * *18
E.(1) The board shall perform or direct the performance of all of the19
following in compliance with the provisions of this Part, including the expression of20
the intentions of the legislature:21
* * *22
(b) Establish uniform Monitor criteria to be used in determining the23
eligibility of applicants for enrollment.24
* * *25
(d) Transfer or employ faculty, staff, and center administrators. Hire and26
evaluate the president/chief executive officer to manage the center.27
* * *28 HLS 10RS-716 ORIGINAL
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(i) Notwithstanding any provisions of law to the contrary, prescribe the1
qualifications and provide for the regular and ancillary certification of academic2
teachers. and artist/teachers. Such qualifications for academic faculty members shall3
initially be subject to approval by the state board, and thereafter, any changes in such4
qualifications shall be subject to approval by the state board.5
* * *6
(m) Adopt rules, regulations, and policies necessary to establish a grievance7
procedure that shall guarantee a fair hearing and a fair and objective resolution of8
complaints on grievances by any nonclassified employee by the president/chief9
executive officer and, if necessary, the board.10
(n) Applicable to nonclassified employees of the New Orleans Center for11
Creative Arts/Riverfront Arts who were employed by the Orleans Parish School12
Board at the New Orleans Center for the Creative Arts prior to July 1, 2000, provide13
for the availability of health insurance coverage and benefits that result in no14
diminishment of coverage or benefits over the health insurance coverage and benefits15
available to such employees as Orleans Parish school employees at the time of the16
transfer or provide sufficient additional salary to compensate for any diminishment.17
* * *18
(2) The board may:19
* * *20
(f) Award certificates for successful completion of programs of study. All21
such certificates shall be in addition to a regular high school diploma which shall be22
issued by the state board in accordance with the provisions of R.S. 17:6(11) to any23
student who successfully completes the program of study adopted by the state board.24
The center may grant a state-issued high school diploma to any student who25
successfully meets minimum high school graduation requirements as established by26
the state board.27
* * *28 HLS 10RS-716 ORIGINAL
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§1970.25. Eligibility of students; auditions1
A. The center shall primarily admit high school sophomores, juniors, and2
seniors. students.3
* * *4
§1970.26. Administration, faculty, staff; classification status; benefits5
A.6
* * *7
(2)8
* * *9
(b) Any classified employee who was an employee of the Orleans Parish10
School Board at the New Orleans Center for Creative Arts prior to July 1, 2000, who11
continues as an employee of the New Orleans Center for Creative Arts/Riverfront12
Arts beginning July 1, 2000, may, by not later than October 1, 2000, elect to continue13
as a member of the retirement system of which he was a member prior to July 1,14
2000. Such election shall be in writing and a copy shall be provided to both the15
Louisiana State Employees' Retirement System and the system in which he is16
electing to continue as a member. If no such election is made, the employee shall17
be a member of the Louisiana State Employees' Retirement System.18
B.19
* * *20
(2) Any employee of the New Orleans Center for the Creative21
Arts/Riverfront Arts as established in this Part who was employed by the Orleans22
Parish School Board at the New Orleans Center for the Creative Arts prior to July23
1, 2000, shall be permitted, at the recommendation of the primary center24
administrator, to transfer to the employment of the Board of Directors of the New25
Orleans Center for the Creative Arts/Riverfront and will be compensated using a26
salary scale similar to the one used at the Louisiana School for Math, Science and the27
Arts. Arts.28 HLS 10RS-716 ORIGINAL
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C.(1) The following laws may be made applicable to any nonclassified1
employee and shall be applicable to each nonclassified employee of the New Orleans2
Center for Creative Arts/Riverfront Arts who was employed by the Orleans Parish3
School Board at the New Orleans Center for the Creative Arts prior to July 1, 2000,4
to the same degree as such provisions apply generally and subject to revision by law:5
* * *6
(2) Notwithstanding the provisions of Subparagraphs (b) through (g) of7
Paragraph (1) of this Subsection, policies and provisions regarding leave for center8
administrators shall be determined by the board. board, including the annual9
calendar.10
Section 3. R.S. 36:651(D)(8) is hereby amended and reenacted to read as follows:11
§651. Transfer of boards, commissions, departments, and agencies to Department12
of Education; boards, commissions, and agencies within Department of13
Education14
* * *15
D. The following agencies, as defined by R.S. 36:3, are transferred to and16
hereafter shall be within the Department of Education as provided in R.S. 36:801.1:17
* * *18
(8) The New Orleans Center for Creative Arts/Riverfront Arts and its board19
of directors (R.S. 17:1970.21-1970.27).20
* * *21
Section 4. R.S. 42:1111(A)(3) is hereby amended and reenacted as follows:22
§1111. Payment from nonpublic sources23
A.24
* * *25
(3) Any supplementary compensation or benefits provided to a member of26
the faculty, administration, or staff of the New Orleans Center for Creative27
Arts/Riverfront Arts from funds or property accruing to the benefit of the center28
pursuant to the approval of the board of directors for use as provided in R.S.29 HLS 10RS-716 ORIGINAL
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17:1970.27 through a foundation organized to support the center which is chartered1
specifically to provide aid to the center in a philanthropic manner shall be deemed2
for purposes of this Subsection as a supplement to his compensation to which he is3
duly entitled. Such a supplement shall not, however, be considered as regular4
compensation from his governmental employer nor shall it form any basis for5
governmentally supported benefits.6
* * *7
Section 5. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
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)]
Brossett HB No. 709
Abstract: Provides relative to the New Orleans Center for Creative Arts (NOCCA).
Present law provides for the New Orleans Center for Creative Arts/Riverfront (NOCCA).
Proposed law deletes "Riverfront" from the center's name throughout present law.
Present law provides that NOCCA is primarily for students in grades 10-12 and is located
on land leased to the state by the Orleans Parish School Board (OPSB) for such a purpose.
Proposed law provides instead for all high school students and deletes the provision relative
to NOCCA's location.
Present law provides for NOCCA's establishment pursuant to a joint agreement between the
state and the OPSB. Proposed law removes present law.
Present law provides that NOCCA shall be operated primarily as a regional facility for the
enrollment of qualified students from specified parishes. Proposed law removes reference
to a regional facility and instead provides for the enrollment of qualified students from
throughout the state.
Present law provides that the center shall be an agency of state government in the state Dept.
of Education and shall be, except as otherwise provided, independent of the control of the
state superintendent and local and state education boards, except its board of directors.
Proposed law instead refers to the executive branch of the Dept. of Education. HLS 10RS-716 ORIGINAL
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Present law provides that the center's board of directors is composed of 13 members.
Proposed law retains 13 members but makes changes in the membership of the board and
provides for staggered terms as follows:
(1)Present law provides for two members appointed by the Orleans Parish School Board
(OPSB). Proposed law provides that these members' terms shall expire on June 30,
2012, and effective July 1, 2012, one member shall be appointed by the OPSB, and
one member shall be appointed by the state superintendent of education. Provides
that the member appointed by the OPSB may be replaced by OPSB resolution and
that his term shall be concurrent with his term on the OPSB.
(2)Present law provides for three members appointed by the governor, at least one of
whom is a racial minority. Proposed law provides the following:
(a)Two members appointed by the governor (neither serving as vice president
of the board upon the effective date of proposed law) whose terms shall
expire on June 30, 2010.
(b)Effective July 1, 2010, two members appointed by the governor, at least one
of whom is a racial minority.
(c)The governor's appointee serving as vice president of the board upon the
effective date of proposed law whose term shall expire on June 30, 2012, and
for whom no successor shall be appointed.
(3)Present law provides for six additional members appointed by the governor from
among nominees submitted by various entities. Proposed law makes changes in
these gubernatorial appointments as follows:
(a)Present law provides for one member appointed from nominations by the
mayor, identified by the mayor as a professional creative artist. Proposed
law provides that this member's term shall expire on June 30, 2010. Provides
that effective July 1, 2010, one member shall be appointed by the governor
from nominations by the mayor who is simply identified (not by the mayor)
as a professional creative artist.
(b)Present law provides for one member appointed from nominations by Dillard
Univ., Xavier Univ, or SUNO (jointly or for one term each as they decide).
Proposed law provides that this member's term shall expire on June 30, 2012.
Provides that, effective July 1, 2012, the governor shall appoint a new
member in this same manner.
(c)Present law provides for two members appointed from nominations by the
NOCCA Institute. Proposed law provides that these members' terms shall
expire on June 30, 2012, Provides that, effective July 1, 2012, the governor
shall appoint two new members from nominations by the institute, one of
whom shall be a racial minority.
(4)Present law provides for two members appointed from nominations by the parents
assoc., the faculty, or the alumni assoc. Proposed law provides that these members'
terms shall expire on June 30, 2010. Provides that, effective July 1, 2010, the
governor shall appoint two new members as follows:
(a)One member from among nominations from the faculty who is employed as
at least a half-time faculty member.
(b)One member from among nominations from the alumni assoc. who is an
alumnus or alumna of the center. HLS 10RS-716 ORIGINAL
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(5)Present law provides that the La. House and Senate members in whose districts the
center's main campus is located, or their designees, shall serve on the board.
Proposed law retains present law.
Proposed law requires that nominations be ranked and otherwise retains present law
provisions relative to board vacancies, four-year terms, reappointments, and members
serving without compensation and provides that successors shall be appointed in the same
manner as predecessors unless otherwise provided.
Proposed law provides for the following revisions to the board's present law duties:
(1)Present law requires the board to establish uniform criteria to determine applicant
eligibility for enrollment. Proposed law instead requires the board to monitor such
criteria.
(2)Present law requires the board to transfer or employ faculty, staff, and center
administrators. Proposed law instead requires the board to hire and evaluate the
center's president/CEO to manage the center.
(3)Present law requires the board to prescribe qualifications and provide for the regular
and ancillary certification of academic teachers and artist/teachers. Proposed law
refers simply to certification of teachers. Present law provides that such
qualifications for academic faculty members shall initially be subject to BESE
approval, along with any changes in such qualifications. Proposed law removes
present law.
(4)Present law requires the board to adopt rules and regulations for establishing a
grievance procedure to guarantee a fair hearing and resolution of complaints on
grievances by any nonclassified employee by the board. Proposed law instead vests
responsibility for such hearing and resolution with the president/CEO and, if
necessary, the board.
Present law authorizes the board to award certificates for successful completion of programs
of study in addition to a regular high school diploma issued by BESE to any student who
successfully completes the program of study adopted by BESE. Proposed law authorizes the
center to grant a state-issued high school diploma to any student who successfully meets
BESE's minimum high school graduation requirements.
Present law provides that any center employee who was employed by OPSB at the center
prior to July 1, 2000, shall be permitted to transfer to the employment of the center board
and be compensated using a salary scale similar to the one used at the La. School for Math,
Science and the Arts. Proposed law deletes the compensation provision.
Present law provides that the board shall determine policies and provisions relative to leave
for center administrators. Proposed law includes the school calendar in such board
determinations.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 11:701(33)(c), R.S. 17:1970.21, 1970.22(1) and (2), 1970.23(A), 1970.24(A),
(B)(1)(a) through (c) and (2)(a), (C), (E)(1)(b), (d), (i), (m), and (n) and (2)(f), 1970.25(A),
and 1970.26(A)(2)(b), (B)(2), and (C)(1)(intro. para.) and (2), R.S. 36:651(D)(8), and R.S.
42:1111(A)(3))