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ACT No. 525
Regular Session, 2010
HOUSE BILL NO. 709
BY REPRESENTATIVES BROSSETT, CARTER, CONNICK, HAZEL, HINES,
HUTTER, MICHAEL JACKSON, LAFONTA, LEGER, LIGI, MILLS,
RICHMOND, STIAES, AND WILLMOTT
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 Statutes 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(B), R.S. 36:651(D)(8), and R.S. 42:1111(A)(3),6
relative to the New Orleans Center for the Creative Arts/Riverfront; to provide with7
respect to legislative intent; to provide relative to the center's placement as a state8
agency in the Department of Education; to provide for a change in the center's name;9
to provide relative to student eligibility, board membership, terms, powers, duties,10
and faculty; to provide relative to funding; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 11:701(33)(c) is hereby amended and reenacted to read as follows:13
§701. Definitions14
As used in this Chapter, the following words and phrases have the meaning15
ascribed to them in this Section unless a different meaning is plainly required by the16
context:17
* * *18
(33)19
* * *20
(c) "Teacher" shall include all nonclassified employees of the state who are21
administrators, faculty members, and other professional employees at the New22
Orleans Center for Creative Arts/Riverfront. Arts.23
* * *24 ENROLLEDHB NO. 709
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Section 2. The heading of Part II-B of Chapter 8 of Title 17 of the Louisiana Revised1
Statutes of 1950, R.S. 17:1970.21, 1970.22(1) and (2), 1970.23(A), 1970.24(A), (B)(1)(a)2
through (c) and (2)(a), (C), (E)(1)(b), (d), (i), (m), and (n) and (2)(f), 1970.25(A),3
1970.26(A)(2)(b), (B)(2), and (C)(1)(introductory paragraph) and (2), and 1970.27(B) are4
hereby amended and reenacted to read as follows:5
PART II-B. NEW ORLEANS CENTER FOR CREATI VE6
ARTS/RIVERFRONT ARTS7
§1970.21. Legislative intent8
It is the intention of the legislature to enrich the cultural life of Louisiana, to9
honor the history and past contribution of the state to the creative and performing10
arts, and to provide continuing opportunities for the development of young artists by11
preserving and enlarging a program for providing professional training to high12
school students by reorganizing the program as a state agency. It is intended that the13
center shall be established pursuant to a joint agreement between the state and the14
Orleans Parish School Board in which the school board, for a nominal annual15
amount, leases to the state the property upon which the state facility in which the16
programs of the center are operated by the Orleans Parish School Board prior to July17
1, 2000. It is intended that the center result from the transition of the creative arts18
programs incubated by the Orleans Parish School Board for high school sophomores,19
juniors, and seniors to the state-supported center. It is intended that the state shall20
make use of the facility in a manner consistent with the history, traditions, goals, and21
principles of the New Orleans Center of for Creative Arts as it existed prior to July22
1, 2000. It is intended that the center be dedicated to providing professional quality23
opportunities for training, coaching, and performing for those students who aspire24
to be artists, performers, and arts technicians and who have demonstrated an aptitude25
for such work. It is intended that the center also act as a center to provide expanded26
opportunities for the community to experience and appreciate excellence in the27
creative arts.28 ENROLLEDHB NO. 709
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§1970.22. Definitions1
As used in this Part, the following words, terms, and phrases shall have the2
meanings ascribed to them in this Section, except when the context clearly indicates3
a different meaning:4
(1) "Board" means the Board of Directors of the New Orleans Center for5
Creative Arts/Riverfront. Arts.6
(2) "Center" means the New Orleans Center for Creative Arts/Riverfront.7
Arts.8
* * *9
§1970.23. New Orleans Center for Creative Arts/Riverfront. Arts; creation;10
location; purpose; governance; relationship with the Orleans Parish School11
Board12
A. There is hereby created the New Orleans Center for the Creative13
Arts/Riverfront Arts which shall be a state center primarily for the training of high14
school sophomores, juniors, and seniors students operated in a facility owned by the15
state which was designed and built to house a program of professional quality16
training, coaching, and performing for students who aspire to be artists, performers,17
and arts technicians. which is located on land leased to the state by the Orleans18
Parish School Board for such a purpose. The center shall be operated primarily as19
a regional facility provide for the enrollment of qualified students from the parishes20
of Orleans, Jefferson, Lafourche, Plaquemines, St. Bernard, St. Charles, St. John the21
Baptist, St. Tammany, Tangipahoa, and Terrebonne. state of Louisiana. The center22
shall begin operation as a state center as provided in this Part beginning July 1, 2000.23
The center shall be an agency of state government in the state Department of24
Education as provided in R.S. 36:801.1 and shall be except as otherwise provided in25
this Part, independent of the control of the state superintendent and of all local and26
state education boards, except its the New Orleans Center for the Creative Arts board27
of directors.28
* * *29 ENROLLEDHB NO. 709
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§1970.24. Board of directors; creation; membership; terms; powers and duties;1
voting; compensation2
A. There is hereby created a New Orleans Center for Creative3
Arts/Riverfront Board of Directors Arts board of directors to govern and provide for4
the management of the center.5
B.(1) The board of directors shall be composed of thirteen persons as6
follows:7
(a)(i) Two persons Effective until June 30, 2012, two members appointed by8
the Orleans Parish School Board, whose terms shall expire on June 30, 2012.9
(ii) Effective July 1, 2012, and thereafter, two members as follows:10
(aa) One member appointed by the Orleans Parish School Board. He may11
be replaced by resolution of the school board.12
(bb) The state superintendent of education.13
(b)(i) Three persons Effective until June 30, 2010, two members appointed14
by the governor, neither of whom is serving as the vice president of the board upon15
the effective date of this Act and at least one of whom shall be a member of a16
minority racial group in the state, whose terms shall expire on June 30, 2010.17
(ii) Effective July 1, 2010, and thereafter, two members appointed by the18
governor, at least one of whom shall be a member of a minority racial group in the19
state.20
(iii)(aa) Effective until June 30, 2012, one person appointed by the governor21
and serving as the vice president of the board upon the effective date of this Act,22
whose term shall expire on June 30, 2012.23
(bb) Effective July 1, 2012, and thereafter, one person appointed by the24
governor who shall be from outside the greater New Orleans region.25
(c) Six persons shall be appointed by the governor from among nominees for26
such appointment as follows:27
(i)(aa) One person Effective until June 30, 2010, one member from among28
nominees submitted by the mayor of the city of New Orleans and identified by him29
as a professional creative artist, whose term shall expire on June 30, 2010.30 ENROLLEDHB NO. 709
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(bb) Effective July 1, 2010, and thereafter, one member from among1
nominees submitted by the mayor of the city of New Orleans.2
(ii)(aa) One person Effective until June 30, 2012, one member from among3
nominees submitted either by the presidents of Dillard University, Xavier University,4
and Southern University at New Orleans, acting jointly either personally or by a5
person designated from among their most senior university colleagues, or by one6
such president or his designee for one term alternated with the other presidents or7
their designees for subsequent terms, as decided by them jointly , whose term shall8
expire on June 30, 2012.9
(bb) Effective July 1, 2012, and thereafter, 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.15
(iii)(aa) Two persons Effective until June 30, 2012, two members from16
among nominees submitted by the New Orleans Center for the Creative Arts17
Institute, whose terms shall expire on June 30, 2012.18
(bb) Effective July 1, 2012, and thereafter, two members from among19
nominees submitted by the New Orleans Center for Creative Arts Institute.20
(iv)(aa) Two persons Effective until June 30, 2010, two members from21
among nominees submitted by the parents association or the faculty or the alumni22
association of the New Orleans Center for Creative Arts/Riverfront Arts as decided23
by such organizations, whose terms shall expire on June 30, 2010.24
(bb) Effective July 1, 2010, and thereafter, two members as follows:25
(I) One member from among nominees submitted by the faculty and26
employed as at least a half-time faculty member.27
(II) One member who is an alumnus or alumna of the center selected from28
among nominees submitted by the president/chief executive officer of the center.29
* * *30 ENROLLEDHB NO. 709
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(2)(a) Each set of nominees shall contain ranked nominations and not less1
than twice the number of nominees as there are positions to be filled on the board by2
appointment from among them.3
* * *4
C.(1) Except as otherwise provided for the initial members, all board5
members shall serve a four-year term and may be reappointed subject to the6
nomination process.7
(2) The term successor of each initial member shall expire on June 30, 2004,8
regardless of when originally appointed. be appointed in the same manner as his9
predecessor unless otherwise provided.10
(3) Members of the board shall continue to serve until replaced.11
* * *12
E.(1) The board shall perform or direct the performance of all of the13
following in compliance with the provisions of this Part, including the expression of14
the intentions of the legislature:15
* * *16
(b) Establish uniform Monitor criteria to be used in determining the17
eligibility of applicants for enrollment.18
* * *19
(d) Transfer or employ faculty, staff, and center administrators. Hire and20
evaluate the president or chief executive officer to manage the center.21
* * *22
(i) Notwithstanding any provisions of law to the contrary, prescribe the23
qualifications and provide for the regular and ancillary certification of academic24
teachers. and artist/teachers. Such qualifications for academic faculty members shall25
initially be subject to approval by the state board, and thereafter, any changes in such26
qualifications shall be subject to approval by the state board.27
* * *28
(m) Adopt rules, regulations, and policies necessary to establish a grievance29
procedure that shall guarantee a fair hearing and a fair and objective resolution of30 ENROLLEDHB NO. 709
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complaints on grievances by any nonclassified employee by the president or chief1
executive officer and, if necessary, the board.2
(n) Applicable to nonclassified employees of the New Orleans Center for3
Creative Arts/Riverfront Arts who were employed by the Orleans Parish School4
Board at the New Orleans Center for the Creative Arts prior to July 1, 2000, provide5
for the availability of health insurance coverage and benefits that result in no6
diminishment of coverage or benefits over the health insurance coverage and benefits7
available to such employees as Orleans Parish school employees at the time of the8
transfer or provide sufficient additional salary to compensate for any diminishment.9
* * *10
(2) The board may:11
* * *12
(f) Award certificates for successful completion of programs of study. All13
such certificates shall be in addition to a regular high school diploma which shall be14
issued by the state board in accordance with the provisions of R.S. 17:6(11) to any15
student who successfully completes the program of study adopted by the state board.16
The center may grant a state-issued high school diploma to any student who17
successfully meets minimum high school graduation requirements as established by18
the state board.19
* * *20
§1970.25. Eligibility of students; auditions21
A. The center shall primarily admit high school sophomores, juniors, and22
seniors. students.23
* * *24
§1970.26. Administration, faculty, staff; classification status; benefits25
A.26
* * *27
(2)28
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(b) Any classified employee who was an employee of the Orleans Parish1
School Board at the New Orleans Center for Creative Arts prior to July 1, 2000, who2
continues as an employee of the New Orleans Center for Creative Arts/Riverfront3
Arts beginning July 1, 2000, may, by not later than October 1, 2000, elect to continue4
as a member of the retirement system of which he was a member prior to July 1,5
2000. Such election shall be in writing and a copy shall be provided to both the6
Louisiana State Employees' Retirement System and the system in which he is7
electing to continue as a member. If no such election is made, the employee shall8
be a member of the Louisiana State Employees' Retirement System.9
B.10
* * *11
(2) Any employee of the New Orleans Center for the Creative12
Arts/Riverfront Arts as established in this Part who was employed by the Orleans13
Parish School Board at the New Orleans Center for the Creative Arts prior to July14
1, 2000, shall be permitted, at the recommendation of the primary center15
administrator, to transfer to the employment of the Board of Directors of the New16
Orleans Center for the Creative Arts/Riverfront and will be compensated using a17
salary scale similar to the one used at the Louisiana School for Math, Science and the18
Arts. Arts.19
C.(1) The following laws may be made applicable to any nonclassified20
employee and shall be applicable to each nonclassified employee of the New Orleans21
Center for Creative Arts/Riverfront Arts who was employed by the Orleans Parish22
School Board at the New Orleans Center for the Creative Arts prior to July 1, 2000,23
to the same degree as such provisions apply generally and subject to revision by law:24
* * *25
(2) Notwithstanding the provisions of Subparagraphs (b) through (g) of26
Paragraph (1) of this Subsection, policies and provisions regarding leave for center27
administrators shall be determined by the board. board, including the annual28
calendar.29 ENROLLEDHB NO. 709
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§1970.27. Funding; acceptance of other funds1
* * *2
B. Nothing in this Part Section shall be so construed as to prohibit or prevent3
the board of directors of the center from accepting federal funds or monies from any4
corporation or other private contributor for use in establishing center facilities,5
operating the center, maintaining the center, or providing programs by the center.6
Section 3. R.S. 36:651(D)(8) is hereby amended and reenacted to read as follows:7
§651. Transfer of boards, commissions, departments, and agencies to Department8
of Education; boards, commissions, and agencies within Department of9
Education10
* * *11
D. The following agencies, as defined by R.S. 36:3, are transferred to and12
hereafter shall be within the Department of Education as provided in R.S. 36:801.1:13
* * *14
(8) The New Orleans Center for Creative Arts/Riverfront Arts and its board15
of directors (R.S. 17:1970.21-1970.27).16
* * *17
Section 4. R.S. 42:1111(A)(3) is hereby amended and reenacted as follows:18
§1111. Payment from nonpublic sources19
A.20
* * *21
(3) Any supplementary compensation or benefits provided to a member of22
the faculty, administration, or staff of the New Orleans Center for Creative23
Arts/Riverfront Arts from funds or property accruing to the benefit of the center24
pursuant to the approval of the board of directors for use as provided in R.S.25
17:1970.27 through a foundation organized to support the center which is chartered26
specifically to provide aid to the center in a philanthropic manner shall be deemed27
for purposes of this Subsection as a supplement to his compensation to which he is28
duly entitled. Such a supplement shall not, however, be considered as regular29 ENROLLEDHB NO. 709
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compensation from his governmental employer nor shall it form any basis for1
governmentally supported benefits.2
* * *3
Section 5. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: