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Regular Session, 2010
SENATE BILL NO. 737
BY SENATOR NEVERS (BY REQUEST)
EDUCATION DEPARTMENT. Provides for the restructuring and reorganization of the
state Department of Education. (gov sig)
AN ACT1
To amend and reenact R.S. 17:24(D) and R.S. 36:642(B),(C), and (D)(1), 643(A),645(A)(4)2
and (5) and (B)(1)(a)(iii), and to repeal R.S. 36:648 and 649, relative to elementary3
and secondary education; to provide relative to the structure and organization of the4
state Department of Education; to provide relative to the powers, duties, and5
functions of the state superintendent of education and the State Board of Elementary6
and Secondary Education; to grant the state superintendent and the state board7
greater authority and discretion with respect to the development and implementation8
of plans for the restructuring or reorganization of the Department of Education; to9
delete provisions that legislatively prescribe the offices within the Department of10
Education and the name, purposes, and functions of offices within the department;11
to delete provisions that require each office within the Department of Education be12
headed by an assistant superintendent appointed by the superintendent and confirmed13
by the Senate; to provide for an effective date; and to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 17:24(D) is hereby amended and reenacted to read as follows:16
§24. State Department of Education; creation; divisions; reorganization17 SB NO. 737
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* * *1
D.(1) The superintendent may review the goals, programs, services, and2
responsibilities of the department and prepare a plan to restructure and reorganize3
the department, subject to the approval of the board of any restructuring or4
reorganization plan. Any plan approved by the board may be implemented upon5
such schedule as recommended by the superintendent and approved by the board6
notwithstanding the provisions of Chapter 15 of Title 36 of the Louisiana Revised7
Statutes of 1950 and any other contrary provisions of law.8
(2) Any restructuring or reorganization of the department implemented9
pursuant to this Subsection may shall remain in effect until after adjournment of the10
regular session of the legislature occurring after the plan has been approved by the11
board unless if no legislative action is required or if legislation which amends the12
law has been enacted to provide for the same structure or organization as contained13
in the approved plan. If legislative action is required to provide for the same14
structure or organization as contained in the approved plan and no such15
enactment occurs, the department shall revert to the organizational structure16
mandated by Chapter 15 of Title 36 of the Louisiana Revised Statutes of 1950,17
including any relevant amendments.18
(3) Legislative action is required when the plan approved by the board19
eliminates, merges, or consolidates existing offices or establishes new offices.20
* * *21
Section 2. R.S. 36:642(B), (C), and (D)(1), 643(A), 645(A)(4) and (5) and22
(B)(1)(a)(iii) are hereby amended and reenacted to read as follows:23
§642. Department of Education; creation; domicile; composition; purposes and24
functions25
* * *26
B. The Department of Education, through its offices, officers, and27
management boards shall, in accordance with law, provide for the education of the28
people of the state and shall be the agency through which the state administers the29 SB NO. 737
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functions of the superintendent of education, the Board of Elementary and Secondary1
Education, the Board of Regents, the Board of Trustees for State Colleges and2
Universities Board of Supervisors for the University of Louisiana System, the3
Board of Supervisors of Louisiana State University and Agricultural and Mechanical4
College, and the Board of Supervisors of Southern University and Agricultural and5
Mechanical College, and the Board of Supervisors for Community and Technical6
Colleges, as provided by the constitution and laws of this state and this Title.7
C.(1) The Department of Education shall be composed of the executive office8
of the superintendent, the office of management and finance, the office of student9
and school performance, the office of quality educators, the office of school and10
community support, the technical college system, special school district number one,11
and such other offices as shall may be created by law.12
(2) Whenever the superintendent determines that the administration of the13
goals, programs, services, and functions of the department may be more efficiently14
performed by restructuring or reorganizing the department or by eliminating,15
merging, or consolidating existing offices or establishing new offices, he shall16
present a plan therefor to the legislature for its approval by statute prepare a plan17
to restructure and reorganize the department and present it to the board. Any18
plan approved by the board may be implemented upon such schedule as19
recommended by the superintendent and approved by the board,20
notwithstanding the provisions of Chapter 15 of Title 36 of the Louisiana21
Revised Statutes of 1950 and any other provisions of law to the contrary.22
(3) Whenever the superintendent determines that the administration of23
the goals, programs, services, and functions of the department may be more24
efficiently performed by eliminating, merging, or consolidating existing offices25
or establishing new offices, the superintendent shall present a plan therefor to26
the legislature for its approval by statute.27
(4) Any restructuring or reorganization of the department implemented28
pursuant to this Subsection shall remain in effect after adjournment of the29 SB NO. 737
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regular session of the legislature occurring after the plan has been approved by1
the board if no legislative action is required or if legislation which amends the2
law has been enacted to provide for the same structure or organization as3
contained in the approved plan. If legislative action is required to provide for4
the same structure or organization as contained in the approved plan and no5
such enactment occurs, the department shall revert to the organizational6
structure mandated by Chapter 15 of Title 36 of the Louisiana Revised Statutes7
of 1950, including any relevant amendments.8
D.(1) In accordance with their constitutional mandate, the Board of Regents,9
the Board of Trustees for State Colleges and Universities Board of Supervisors for10
the University of Louisiana System, the Board of Supervisors of Louisiana State11
University and Agricultural and Mechanical College, and the Board of Supervisors12
of Southern University and Agricultural and Mechanical College, the Board of13
Supervisors of Community and Technical Colleges, and the State Board of14
Elementary and Secondary Education shall be responsible for performing their15
respective functions of education in the state of Louisiana, and each such board shall16
retain all of its powers, duties, and responsibilities as provided by the constitution17
and by law.18
* * *19
§643. Officers of the department; compensation for one office only20
A. The officers of the department shall be the superintendent of education,21
the deputy superintendent for management and finance, the deputy superintendent,22
if a deputy superintendent is appointed, and an assistant superintendent for each23
office of the department. With the exception of the superintendent of education,24
each of them shall be selected as provided in this Title. They shall perform functions25
as provided in this Title. If a deputy superintendent is appointed, he shall be the first26
assistant to the superintendent appointed pursuant to Article IV, Section 13 of the27
constitution. If a deputy superintendent is not appointed, the superintendent shall28
appoint his first assistant to the office of deputy superintendent for management and29 SB NO. 737
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finance or to one of the offices of assistant superintendent.1
* * *2
§645. Powers and duties of superintendent of education3
A. In addition to the functions, powers, and duties otherwise vested in the4
superintendent by law, he shall:5
* * *6
(4) Organize, plan, supervise, direct, administer, execute, and be responsible7
for the functions and programs vested in the department in the manner and to the8
extent provided by this Title, notwithstanding any other provision of law to the9
contrary.10
(5) Except for agencies transferred as provided in R.S. 36:801.1, and except11
for provisions of the constitution to the contrary, act as the sole agent of the state or,12
in necessary cases, designate the deputy superintendent or one of the offices13
within the department or its assistant superintendent, to cooperate with the federal14
government and with other state and local agencies in matters of mutual concern and15
in the administration of federal funds granted to the state or directly to the16
department or an office thereof to aid in the furtherance of any function of the17
department and its offices. For this purpose he may take such actions, in accordance18
with applicable state law, necessary to meet such federal standards as are established19
for the administration and use of such federal funds, except as otherwise specifically20
provided in this Title or by the constitution and laws of this state.21
* * *22
B. The superintendent shall have authority to:23
(1)(a)24
* * *25
(iii) Transfer the personnel of the department as necessary for the efficient26
administration of the department and its goals, programs, and services.27
* * *28
Section 3. R.S. 36:648 and 649 are hereby repealed.29 SB NO. 737
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Section 4. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Present law (R.S. 17:24(D)) provides that the state superintendent of education may review
the responsibilities of the Department of Education and prepare a plan to restructure and
reorganize the department, subject to BESE approval. Provides that any plan approved by
the board may be implemented upon a schedule recommended by the state superintendent
and approved by the board, notwithstanding any provision of law to the contrary.
Proposed law retains present law but also authorizes the state superintendent to additionally
review the department's goals and programs.
Present law provides that any restructuring or reorganizing of the department may remain
in effect until after adjournment of the regular legislative session occurring after the plan
was approved by BESE, unless legislation amending the law was enacted to provide for the
same structure or organization as in the BESE approved plan. Provides that if there is no
such enactment, the department shall revert to the organizational structure mandated by law.
Proposed law instead provides that a department restructuring/reorganization plan shall
remain in effect after adjournment of the regular legislative session occurring after BESE
approves such plan if no legislative action is required or if legislation amending the law has
been enacted that provides for the same elements of the plan. Provides that if legislative
action is required to provide for the same structure/organization as contained in the approved
plan and such enactment does not occur, the department shall revert to the organizational
structure mandated by law.
Proposed law provides that legislative action relative to a BESE approved plan to restructure
or reorganize the Department of Education shall be required when the plan eliminates,
merges, or consolidates existing offices or establishes new offices.
Present law (R.S. 36:642) provides that the Department of Education shall be composed of
the following offices:
1. Executive office of the superintendent.
2. Office of management and finance.
3. Office of student and school performance.
4. Office of quality educators.
5. Office of school and community support.
6. Technical college system. SB NO. 737
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7. Special school district number one.
8. Other offices as shall be created by law.
Proposed law deletes all statutorily prescribed offices, other than the executive office of the
superintendent and the office of management and finance, and specifies that the department
shall be composed of the executive office of the superintendent, the office of management
and finance, and such other offices as may be created by law.
Present law provides that whenever the superintendent determines that the administration
of the functions of the department may be more efficiently performed by eliminating,
merging, or consolidating existing offices or establishing new offices, he shall present a plan
therefor to the legislature for approval by statute.
Proposed law modifies these provisions and provides that whenever the superintendent
determines that the administration of the goals, programs, services, and functions of the
department may be more efficiently performed by restructuring or reorganizing the
department or by eliminating, merging, or consolidating existing offices or creating new
offices he shall prepare a plan to restructure/reorganize the department and present it to
BESE. Provides that any such plan approved by BESE may be implemented as
recommended by the superintendent and approved by the board, notwithstanding any
provisions of law to the contrary.
Proposed law provides that when the superintendent determines that the department's goals,
programs, and functions may be more efficiently performed by eliminating, merging, or
consolidating existing offices or establishing new offices, he shall present a plan therefor to
the legislature for approval by statute.
Present law (R.S. 36:645) provides that the state superintendent of education shall organize,
plan, supervise, direct, administer, execute, and be responsible for the functions and
programs vested in the department in the manner and to the extent provided by law.
Proposed law retains present law but adds that these duties be carried out to the extent
provided in accordance with laws regarding executive branch organization "notwithstanding
any other provision of law to the contrary."
Present law provides that the state superintendent shall act as the sole agent of the state to
cooperate with the federal government and other state and local agencies and in the
administration of federal funds granted to the state or the department. Allows the
superintendent to designate one of the offices within the department or its assistant
superintendent to perform this function on his behalf if necessary.
Proposed law retains present law and additionally authorizes the state superintendent to
designate the deputy superintendent to perform these functions on his behalf.
Present law gives the superintendent the authority to transfer the personnel of the department
as necessary for the efficient administration of the department and its programs.
Proposed law retains present law and additionally authorizes the superintendent to transfer
department personnel to provide for more efficient administration of the department and its
goals, services, and programs.
Present law (R.S. 36:648) provides that each office within the Department of Education,
except the office of management and finance, shall be under the immediate supervision and
direction of an assistant superintendent who shall be appointed by the state superintendent
with the consent of the Senate. Provides that the duties of each assistant superintendent shall
be determined by the superintendent. Further provides that assistant superintendents shall
serve at the pleasure of the state superintendent and be paid a salary fixed by the state SB NO. 737
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superintendent, not to exceed the amount approved for such positions by the legislature
while in session.
Proposed law deletes these provisions.
Present law (R.S. 36:649) provides for the purposes and functions of each of the offices
within the Department of Education currently established in present law as follows:
1. The office of student and school performance shall perform the functions of the state
relating to student and school standards, assessment, accountability, and assistance,
including exceptional children.
2. The office of quality educators shall perform the functions of the state relating to
teachers and administrators, including assessment and evaluation, certification, and
staff development.
3. The office of school and community support shall perform the functions of the state
relating to student, school, and community health and nutrition programs,
transportation, community adult training programs, and postsecondary and workforce
development programs.
Proposed law deletes these provisions.
Proposed law deletes an outdated provision in present law (R.S. 36:643) that is related to a
constitutional provision applicable only to statewide elected officials which provides for the
appointment of a first assistant.
Proposed law makes technical changes to correct references to the postsecondary education
management boards.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:24(D) and R.S. 36:642(B), (C), and (D)(1), 643(A), 645(A)(4) and (5) and
(B)(1)(a)(iii); repeals R.S. 36:648 and 649)