HLS 10RS-716 REENGROSSED Page 1 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 709 BY REPRESENTATIVES BROSSETT, CARTER, CONNI CK, HAZEL, HINES, HUTTER, MICHAEL JACKSON, LAFONTA, LEGER, LIGI, MILLS, RICHMOND, STIAES, AND WILLMOTT 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), the heading of Part II-B of Chapter 8 of Title 172 of the Louisiana Revised Statues of 1950, R.S. 17:1970.21, 1970.22(1) and (2),3 1970.23(A), 1970.24(A), (B)(1)(a) through (c) and (2)(a), (C), (E)(1)(b), (d), (i), (m),4 and (n) and (2)(f), 1970.25(A), 1970.26(A)(2)(b), (B)(2), and (C)(1)(introductory5 paragraph) and (2), and 1970.27, R.S. 36:651(D)(8), and R.S. 42:1111(A)(3), relative6 to the New Orleans Center for the Creative Arts/Riverfront; to provide with respect7 to legislative intent; to provide relative the center's placement as a state agency in the8 Department of Education; to provide for a change in the center's name; to provide9 relative to student eligibility, board membership, terms, powers, duties, and faculty;10 to provide relative to funding, including the center's inclusion in the minimum11 foundation program formula; and to provide for related matters.12 Be it enacted by the Legislature of Louisiana:13 Section 1. R.S. 11:701(33)(c) is hereby amended and reenacted to read as follows:14 §701. Definitions15 As used in this Chapter, the following words and phrases have the meaning16 ascribed to them in this Section unless a different meaning is plainly required by the17 context:18 * * *19 HLS 10RS-716 REENGROSSED HB NO. 709 Page 2 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (33)1 * * *2 (c) "Teacher" shall include all nonclassified employees of the state who are3 administrators, faculty members, and other professional employees at the New4 Orleans Center for Creative Arts/Riverfront. Arts.5 * * *6 Section 2. The heading of Part II-B of Chapter 8 of Title 17 of the Louisiana Revised7 Statues of 1950, R.S. 17:1970.21, 1970.22(1) and (2), 1970.23(A), 1970.24(A), (B)(1)(a)8 through (c) and (2)(a), (C), (E)(1)(b), (d), (i), (m), and (n) and (2)(f), 1970.25(A),9 1970.26(A)(2)(b), (B)(2), and (C)(1)(introductory paragraph) and (2), and 1970.27 are10 hereby amended and reenacted to read as follows:11 PART II-B. NEW ORLEANS CENTER FOR CREATI VE12 ARTS/RIVERFRONT ARTS13 §1970.21. Legislative intent14 It is the intention of the legislature to enrich the cultural life of Louisiana, to15 honor the history and past contribution of the state to the creative and performing16 arts, and to provide continuing opportunities for the development of young artists by17 preserving and enlarging a program for providing professional training to high18 school students by reorganizing the program as a state agency. It is intended that the19 center shall be established pursuant to a joint agreement between the state and the20 Orleans Parish School Board in which the school board, for a nominal annual21 amount, leases to the state the property upon which the state facility in which the22 programs of the center are operated by the Orleans Parish School Board prior to July23 1, 2000. It is intended that the center result from the transition of the creative arts24 programs incubated by the Orleans Parish School Board for high school sophomores,25 juniors, and seniors to the state-supported center. It is intended that the state shall26 make use of the facility in a manner consistent with the history, traditions, goals, and27 principles of the New Orleans Center of Creative Arts as it existed prior to July 1,28 2000. It is intended that the center be dedicated to providing professional quality29 HLS 10RS-716 REENGROSSED HB NO. 709 Page 3 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. opportunities for training, coaching, and performing for those students who aspire1 to be artists, performers, and arts technicians and who have demonstrated an aptitude2 for such work. It is intended that the center also act as a center to provide expanded3 opportunities for the community to experience and appreciate excellence in the4 creative arts.5 §1970.22. Definitions6 As used in this Part, the following words, terms, and phrases shall have the7 meanings ascribed to them in this Section, except when the context clearly indicates8 a different meaning:9 (1) "Board" means the Board of Directors of the New Orleans Center for10 Creative Arts/Riverfront. Arts.11 (2) "Center" means the New Orleans Center for Creative Arts/Riverfront.12 Arts.13 * * *14 §1970.23. New Orleans Center for Creative Arts/Riverfront. Arts; creation;15 location; purpose; governance; relationship with the Orleans Parish School16 Board17 A. There is hereby created the New Orleans Center for the Creative18 Arts/Riverfront Arts which shall be a state center primarily for the training of high19 school sophomores, juniors, and seniors students operated in a facility owned by the20 state which was designed and built to house a program of professional quality21 training, coaching, and performing for students who aspire to be artists, performers,22 and arts technicians. which is located on land leased to the state by the Orleans23 Parish School Board for such a purpose. The center shall be operated primarily as24 a regional facility provide for the enrollment of qualified students from the parishes25 of Orleans, Jefferson, Lafourche, Plaquemines, St. Bernard, St. Charles, St. John the26 Baptist, St. Tammany, Tangipahoa, and Terrebonne. state of Louisiana. The center27 shall begin operation as a state center as provided in this Part beginning July 1, 2000.28 The center shall be an agency of state government in the state Department of29 HLS 10RS-716 REENGROSSED HB NO. 709 Page 4 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Education as provided in R.S. 36:801.1 and shall be except as otherwise provided in1 this Part, independent of the control of the state superintendent and of all local and2 state education boards, except its the New Orleans Center for the Creative Arts board3 of directors.4 * * *5 §1970.24. Board of directors; creation; membership; terms; powers and duties;6 voting; compensation7 A. There is hereby created a New Orleans Center for Creative8 Arts/Riverfront Board of Directors Arts board of directors to govern and provide for9 the management of the center.10 B.(1) The board of directors shall be composed of thirteen persons as11 follows:12 (a)(i) Two persons Effective until June 30, 2012, two members appointed by13 the Orleans Parish School Board, whose terms shall expire on June 30, 2012.14 (ii) Effective July 1, 2012, and thereafter, two members as follows:15 (aa) One member appointed by the Orleans Parish School Board. He may16 be replaced by resolution of the school board.17 (bb) One member appointed by the State Board of Elementary and18 Secondary Education.19 (b)(i) Three persons Effective until June 30, 2010, two members appointed20 by the governor, neither of whom is serving as the vice president of the board upon21 the effective date of this Act and at least one of whom shall be a member of a22 minority racial group in the state, whose terms shall expire on June 30, 2010.23 (ii) Effective July 1, 2010, and thereafter, two members appointed by the24 governor, at least one of whom shall be a member of a minority racial group in the25 state.26 (iii)(aa) Effective until June 30, 2012, one person appointed by the governor27 and serving as the vice president of the board upon the effective date of this Act,28 whose term shall expire on June 30, 2012.29 HLS 10RS-716 REENGROSSED HB NO. 709 Page 5 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (bb) Effective July 1, 2012, and thereafter, one person appointed by the1 governor who shall be from outside the greater New Orleans region.2 (c) Six persons shall be appointed by the governor from among nominees for3 such appointment as follows:4 (i)(aa) One person Effective until June 30, 2010, one member from among5 nominees submitted by the mayor of the city of New Orleans and identified by him6 as a professional creative artist, whose term shall expire on June 30, 2010.7 (bb) Effective July 1, 2010, and thereafter, one member from among8 nominees submitted by the mayor of the city of New Orleans.9 (ii)(aa) One person Effective until June 30, 2012, one member from among10 nominees submitted either by the presidents of Dillard University, Xavier University,11 and Southern University at New Orleans, acting jointly either personally or by a12 person designated from among their most senior university colleagues, or by one13 such president or his designee for one term alternated with the other presidents or14 their designees for subsequent terms, as decided by them jointly, whose term shall15 expire on June 30, 2012.16 (bb) Effective July 1, 2012, and thereafter, one member from among17 nominees submitted either by the presidents of Dillard University, Xavier University,18 and Southern University at New Orleans, acting jointly either personally or by a19 person designated from among their most senior university colleagues, or by one20 such president or his designee for one term alternated with the other presidents or21 their designees for subsequent terms, as decided by them jointly.22 (iii)(aa) Two persons Effective until June 30, 2012, two members from23 among nominees submitted by the New Orleans Center for the Creative Arts24 Institute, whose terms shall expire on June 30, 2012.25 (bb) Effective July 1, 2012, and thereafter, two members from among26 nominees submitted by the New Orleans Center for Creative Arts Institute.27 (iv)(aa) Two persons Effective until June 30, 2010, two members from28 among nominees submitted by the parents association or the faculty or the alumni29 HLS 10RS-716 REENGROSSED HB NO. 709 Page 6 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. association of the New Orleans Center for Creative Arts/Riverfront Arts as decided1 by such organizations, whose terms shall expire on June 30, 2010.2 (bb) Effective July 1, 2010, and thereafter, two members as follows:3 (I) One member from among nominees submitted by the faculty and4 employed as at least a half-time faculty member.5 (II) One member who is an alumnus or alumna of the center selected from6 among nominees submitted by the president/chief executive officer of the center.7 * * *8 (2)(a) Each set of nominees shall contain ranked nominations and not less9 than twice the number of nominees as there are positions to be filled on the board by10 appointment from among them.11 * * *12 C.(1) Except as otherwise provided for the initial members, all board13 members shall serve a four-ye ar term and may be reappointed subject to the14 nomination process.15 (2) The term successor of each initial member shall expire on June 30, 2004,16 regardless of when originally appointed. be appointed in the same manner as his17 predecessor unless otherwise provided.18 (3) Members of the board shall continue to serve until replaced.19 * * *20 E.(1) The board shall perform or direct the performance of all of the21 following in compliance with the provisions of this Part, including the expression of22 the intentions of the legislature:23 * * *24 (b) Establish uniform Monitor criteria to be used in determining the25 eligibility of applicants for enrollment.26 * * *27 HLS 10RS-716 REENGROSSED HB NO. 709 Page 7 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (d) Transfer or employ faculty, staff, and center administrators. Hire and1 evaluate the president/chief executive officer to manage the center.2 * * *3 (i) Notwithstanding any provisions of law to the contrary, prescribe the4 qualifications and provide for the regular and ancillary certification of academic5 teachers. and artist/teachers. Such qualifications for academic faculty members shall6 initially be subject to approval by the state board, and thereafter, any changes in such7 qualifications shall be subject to approval by the state board.8 * * *9 (m) Adopt rules, regulations, and policies necessary to establish a grievance10 procedure that shall guarantee a fair hearing and a fair and objective resolution of11 complaints on grievances by any nonclassified employee by the president/chief12 executive officer and, if necessary, the board.13 (n) Applicable to nonclassified employees of the New Orleans Center for14 Creative Arts/Riverfront Arts who were employed by the Orleans Parish School15 Board at the New Orleans Center for the Creative Arts prior to July 1, 2000, provide16 for the availability of health insurance coverage and benefits that result in no17 diminishment of coverage or benefits over the health insurance coverage and benefits18 available to such employees as Orleans Parish school employees at the time of the19 transfer or provide sufficient additional salary to compensate for any diminishment.20 * * *21 (2) The board may:22 * * *23 (f) Award certificates for successful completion of programs of study. All24 such certificates shall be in addition to a regular high school diploma which shall be25 issued by the state board in accordance with the provisions of R.S. 17:6(11) to any26 student who successfully completes the program of study adopted by the state board.27 The center may grant a state-issued high school diploma to any student who28 HLS 10RS-716 REENGROSSED HB NO. 709 Page 8 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. successfully meets minimum high school graduation requirements as established by1 the state board.2 * * *3 §1970.25. Eligibility of students; auditions4 A. The center shall primarily admit high school sophomores, juniors, and5 seniors. students.6 * * *7 §1970.26. Administration, faculty, staff; classification status; benefits8 A.9 * * *10 (2)11 * * *12 (b) Any classified employee who was an employee of the Orleans Parish13 School Board at the New Orleans Center for Creative Arts prior to July 1, 2000, who14 continues as an employee of the New Orleans Center for Creative Arts/Riverfront15 Arts beginning July 1, 2000, may, by not later than October 1, 2000, elect to continue16 as a member of the retirement system of which he was a member prior to July 1,17 2000. Such election shall be in writing and a copy shall be provided to both the18 Louisiana State Employees' Retirement System and the system in which he is19 electing to continue as a member. If no such election is made, the employee shall20 be a member of the Louisiana State Employees' Retirement System.21 B.22 * * *23 (2) Any employee of the New Orleans Center for the Creative24 Arts/Riverfront Arts as established in this Part who was employed by the Orleans25 Parish School Board at the New Orleans Center for the Creative Arts prior to July26 1, 2000, shall be permitted, at the recommendation of the primary center27 administrator, to transfer to the employment of the Board of Directors of the New28 Orleans Center for the Creative Arts/Riverfront and will be compensated using a29 HLS 10RS-716 REENGROSSED HB NO. 709 Page 9 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. salary scale similar to the one used at the Louisiana School for Math, Science and the1 Arts. Arts.2 C.(1) The following laws may be made applicable to any nonclassified3 employee and shall be applicable to each nonclassified employee of the New Orleans4 Center for Creative Arts/Riverfront Arts who was employed by the Orleans Parish5 School Board at the New Orleans Center for the Creative Arts prior to July 1, 2000,6 to the same degree as such provisions apply generally and subject to revision by law:7 * * *8 (2) Notwithstanding the provisions of Subparagraphs (b) through (g) of9 Paragraph (1) of this Subsection, policies and provisions regarding leave for center10 administrators shall be determined by the board. board, including the annual11 calendar.12 §1970.27. Funding; acceptance of other funds13 A. Funds for the operation of the center and the programs provided by the14 center shall come from monies appropriated therefor by the legislature, through15 funds appropriated for the minimum foundation program and allocated to the center16 in the minimum foundation program as provided in Subsection B of this Section, and17 through the transfer of funds from other schools or school systems as provided in18 Subsection C of this Section.19 B.(1) For the purposes of this Section, the center shall be considered a public20 secondary school and, as such, shall be included by the State Board of Elementary21 and Secondary Education in the formula required by Article VIII, Section 13(B) of22 the Constitution of Louisiana used to determine the cost of a minimum foundation23 program of education in all public elementary and secondary schools.24 (2) Minimum foundation program funds allocated to the center shall be25 based upon the same school enrollment determination as applicable to other public26 schools included in the minimum foundation program. Each student shall be funded27 at one hundred percent of the base per pupil amount as contained in the minimum28 HLS 10RS-716 REENGROSSED HB NO. 709 Page 10 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. foundation program budget letter approved by the State Board of Elementary and1 Secondary Education.2 (3) The amount of funding for any budget request submitted as provided in3 this Section not provided through the minimum foundation program shall be4 determined by the legislature.5 C. In the event that a student chooses to attend classes part-time at the center,6 the partnering school or school system shall transfer a portion of the state minimum7 foundation program per pupil funds received by that school or system. The state8 Department of Education shall determine the process for calculating and transferring9 such funds to be so transferred to the center. Once the amount to be transferred is10 determined, it shall be adjusted to a monthly amount transferred to the center from11 the minimum foundation program monthly allocation of the partnering school or12 school system.13 B. D. Nothing in this Part Section shall be so construed as to prohibit or14 prevent the board of directors of the center from accepting federal funds or monies15 from any corporation or other private contributor for use in establishing center16 facilities, operating the center, maintaining the center, or providing programs by the17 center.18 Section 3. R.S. 36:651(D)(8) is hereby amended and reenacted to read as follows:19 §651. Transfer of boards, commissions, departments, and agencies to Department20 of Education; boards, commissions, and agencies within Department of21 Education22 * * *23 D. The following agencies, as defined by R.S. 36:3, are transferred to and24 hereafter shall be within the Department of Education as provided in R.S. 36:801.1:25 * * *26 (8) The New Orleans Center for Creative Arts/Riverfront Arts and its board27 of directors (R.S. 17:1970.21-1970.27).28 * * *29 HLS 10RS-716 REENGROSSED HB NO. 709 Page 11 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Section 4. R.S. 42:1111(A)(3) is hereby amended and reenacted as follows:1 §1111. Payment from nonpublic sources2 A.3 * * *4 (3) Any supplementary compensation or benefits provided to a member of5 the faculty, administration, or staff of the New Orleans Center for Creative6 Arts/Riverfront Arts from funds or property accruing to the benefit of the center7 pursuant to the approval of the board of directors for use as provided in R.S.8 17:1970.27 through a foundation organized to support the center which is chartered9 specifically to provide aid to the center in a philanthropic manner shall be deemed10 for purposes of this Subsection as a supplement to his compensation to which he is11 duly entitled. Such a supplement shall not, however, be considered as regular12 compensation from his governmental employer nor shall it form any basis for13 governmentally supported benefits.14 * * *15 Section 5. This Act shall become effective upon signature by the governor or, if not16 signed by the governor, upon expiration of the time for bills to become law without signature17 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18 vetoed by the governor and subsequently approved by the legislature, this Act shall become19 effective on the day following such approval.20 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. HLS 10RS-716 REENGROSSED HB NO. 709 Page 12 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 deletes language relative to placement in the state Dept. of Education. 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, and thereafter, one member shall be appointed by the OPSB (who may be replaced by OPSB resolution), and one member shall be appointed by BESE. (2)Present law provides for three members appointed by the governor, at least one of whom is a racial minority. Proposed law provides for 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, and thereafter, 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. Effective July 1, 2012, and thereafter, one person appointed by the governor who shall be from outside the greater New Orleans region. (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, and that effective July 1, 2010, and thereafter, one member shall be appointed by the governor from nominations by the mayor. (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, and that effective July 1, 2012, and thereafter, the governor shall appoint a 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, and that effective July 1, 2012, and thereafter, the governor shall appoint two members in this same manner. HLS 10RS-716 REENGROSSED HB NO. 709 Page 13 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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, and that effective July 1, 2010, and thereafter, the governor shall appoint two 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 who is an alumnus or alumna of the center from among nominations submitted by the center's president/CEO. (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. HLS 10RS-716 REENGROSSED HB NO. 709 Page 14 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Present law provides that funds for the center's operation and programs shall come from monies appropriated by the legislature. Proposed law additionally authorizes the following: (1)Funds coming through the minimum foundation program (MFP): (a)Proposed law requires BESE to include the center in the MFP formula and that MFP funds allocated to the center be based upon the same school enrollment determination as applicable to other public schools included in the MFP. (b)Proposed law requires that each student be funded at 100% of the base per pupil amount as contained in the MFP budget letter approved by BESE. (c)Proposed law provides that the amount of funding for any budget request not provided through the MFP shall be determined by the legislature. (2)Funds coming through other school or school systems: (a)Proposed law provides that for students attending the center part-time, the partnering school or school system shall transfer a portion of the state MFP per pupil funds received by that school or system. (b)Proposed law requires the state Dept. of Education to determine the process for calculating and transferring such funds and provides that once the transfer amount is determined, it shall be adjusted to a monthly amount transferred to the center from the MFP monthly allocation of the partnering school or school system. Present law authorizes the board to accept federal funds and private monies for the center's facilities, operation, maintenance, and programs. Proposed law retains present law. Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 11:701(33)(c), the heading of Part II-B of Chapter 8 of Title 17 of the L.R.S. of 1950, 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), 1970.26(A)(2)(b), (B)(2), and (C)(1)(intro. para.) and (2), and 1970.27, R.S. 36:651(D)(8), and R.S. 42:1111(A)(3)) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Education to the original bill. 1. Deleted language providing for the center's placement in the Dept. of Education. 2. Made the following changes relative to board membership: (a)Deleted provisions that the appointment of the Orleans Parish School shall be subject to the governor's approval and that such appointee's term shall be concurrent with his school board term. (b)Changed appointing authority for one member from the state superintendent of education to BESE. (c)Instead of providing that a certain member shall have no successor, provided that his successors shall be from outside the greater New Orleans region. HLS 10RS-716 REENGROSSED HB NO. 709 Page 15 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (d)Deleted requirement that the person appointed by the governor from among nominees submitted by the mayor of New Orleans be identified as a professional creative artist. (e)Deleted requirement that one of the two members appointed by the governor from among nominees submitted by the NOCCA Institute be a racial minority. (f)Provided that one member shall be appointed by the governor from among nominees submitted by the president/CEO of NOCCA rather than submitted by the alumni association and further requires that such member be a NOCCA alumnus or alumna. House Floor Amendments to the engrossed bill. 1. Authorized two additional funding mechanisms for NOCCA: funds allocated in the MFP and funds transferred from other schools or school systems. 2. Required BESE to include NOCCA in the MFP formula. 3. For students attending NOCCA part-time, requires a portion of state MFP per pupil funds to be transferred from the partnering school or school system to NOCCA.