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Regular Session, 2011
HOUSE BILL NO. 588
BY REPRESENTATIVES CARMODY AND TUCKER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HIGHER EDUCATION: Provides for the governance, management, and supervision of
public postsecondary education institutions
AN ACT1
To amend and reenact R.S. 36:651(D) and to enact Chapter 5-C of Title 17 of the Louisiana2
Revised Statutes of 1950, comprised of R.S. 17:1891 through 1899.12, relative to the3
management of public postsecondary education in Louisiana; to create the Louisiana4
Postsecondary Education Board of Trustees and to abolish the Board of Regents, the5
Board of Supervisors of Louisiana State University and Agricultural and Mechanical6
College, the Board of Supervisors of Southern University and Agricultural and7
Mechanical College, the Board of Supervisors of the Community and Technical8
Colleges and the Board of Supervisors for the University of Louisiana System; to9
provide for the powers and duties of the Louisiana Postsecondary Education Board10
of Trustees; to provide for implementation and transition; and to provide for related11
matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. Chapter 5-C of Title 17 of the Louisiana Revised Statutes of 1950,14
comprised of R.S. 17:1891 through 1899.12, is hereby enacted to read as: 15
CHAPTER 5-C THE LOUISIANA POSTSECONDARY EDUCATI ON16
BOARD OF TRUSTEES17
PART I. ORGANIZATION, POWERS, AND RESPONSIBILITIES18
§1891. Board of Trustees; creation; membership; terms of office; vacancies;19
responsibilities20 HLS 11RS-245 ORIGINAL
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A. The Louisiana Postsecondary Education Board of Trustees, referred to1
hereinafter in this chapter as the board or the board of trustees, is created as a body2
corporate. The board shall set and implement policy for postsecondary education.3
B. The board shall be composed of fifteen members appointed by the4
governor with the consent of the Senate, who are electors of the state. Members5
shall be appointed in such manner that at least one but no more than two shall be6
residents of each congressional district. 7
C. The terms of the members shall be six years, except that the terms of the8
initial members shall be as provided in R.S. 17:3122. Members shall serve until their9
successors are appointed and take office.10
D. A vacancy occurring prior to the expiration of a term shall be filled for11
the unexpired portion of the term within thirty days after the date on which the12
vacancy occurs by appointment by the governor, with the consent of the Senate.13
Within twenty-four hours after being informed of a vacancy on the board, the14
chairman of the board or the officer exercising his duties shall notify the governor15
by certified mail of the vacancy and the effective date thereof.16
E. The board shall be the representative of public higher education17
institutions of similar size and degree program and be responsible for providing18
advice and recommendations concerning higher education to the governor and the19
legislature.20
§1891.1. Student membership on the board21
A. There shall be one student member of the Board of Regents. The student22
member shall be elected to the board by and from the membership of a council23
composed of the student body presidents-elect of the colleges and universities under24
the jurisdiction of the board. The board shall establish procedures for the election25
of the student member by the newly elected council of student body presidents. The26
newly elected council of student body presidents shall meet upon the call of the27
incumbent student member. Such meeting shall occur after the spring election of all28 HLS 11RS-245 ORIGINAL
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student body presidents of the member colleges and universities and before May1
thirty-first of each year.2
B. The student member shall be elected for a one-year term beginning on3
June first of each year. The student member shall serve until his successor takes4
office.5
C. The student member shall have all the privileges and rights of other board6
members and shall receive the same per diem, travel, and other expenses as other7
members of the board.8
D. A vacancy in the office of the student member shall be filled for the9
unexpired portion of the term in the manner provided in Subsection A herein and as10
otherwise provided by the board.11
§1892. Domicile; organization and meetings of board; rules12
A. The board shall be domiciled in the city of Baton Rouge, parish of East13
Baton Rouge.14
B. The members of the board shall elect from among their number a15
chairman and a vice-chairman and such other officers as they deem necessary, whose16
terms shall be as fixed by the board.17
C. Eight members of the board shall constitute a quorum for the transaction18
of business and all official action of the board shall require the favorable vote of a19
majority of the members of the board.20
D.(1) The board shall adopt rules for the transaction of its business and shall21
keep an accurate record of all of its proceedings and official actions. All papers,22
documents and records appertaining to the board shall be filed at the domicile of the23
board.24
(2) All rules adopted by the board, exclusive of those regulating only the25
internal management of the board's affairs, and those adopted in exercising and26
fulfilling its duties and functions as specifically enumerated in Article VIII, Section27
5(D) of the Louisiana Constitution, shall be adopted in accordance with the28
Administrative Procedure Act.29 HLS 11RS-245 ORIGINAL
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(3) The board shall submit a copy of any order, rule, regulation, plan,1
agreement, policy, or recommendation that is not adopted in accordance with the2
provisions of the Administrative Procedure Act to the Senate Committee on3
Education and the House Committee on Education, along with the written reasons4
and explanations therefor and a summary report of the proceedings of any public5
hearings conducted prior to the adoption of such order, rule, regulation, plan, policy,6
or recommendation.7
E. The board shall meet on or before the second Monday in January of each8
year, at other times as fixed by the board, or upon call of the chairman. The board9
shall meet at least twice yearly with the State Board of Elementary and Secondary10
Education in accordance with the provisions of Paragraph D of Section 5 of Article11
VIII of the Louisiana Constitution of 1974.12
F. The first meeting of the board shall be held in Baton Rouge on the call of13
the governor within ten days after the appointment by the governor of initial14
members of the board. In no event shall the first meeting of the board be held later15
than June 1, 2012.16
§1892.1. Internet broadcast of board and committee meetings; archives17
A. The board shall broadcast over the Internet live audio and video streams18
of all its board and committee meetings held in Baton Rouge.19
B. All meetings broadcast in accordance with Subsection A of this Section20
shall be recorded, archived, and made accessible to the public for at least one year21
after the date of the meeting.22
C. The provisions of this Section shall apply to all meetings of the board and23
its committees, but shall not apply to executive sessions held in accordance with the24
Louisiana Open Meetings Law as provided in R.S. 42:11 et seq.25
D. The audio and video records created pursuant to this Section shall not be26
construed in a manner to be the official record, or any part of the official record, of27
the proceedings of a meeting of the board or any of its committees.28 HLS 11RS-245 ORIGINAL
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E. If the board is precluded from fulfilling the requirements of this Section1
due to a technical problem beyond its control, or when the only meeting room2
available lacks the equipment necessary to facilitate Internet broadcast, the failure3
to broadcast or record the proceedings of a meeting of the board or any of its4
committees shall not be construed to be a violation of the provisions of this Section.5
§1893. Commissioner of higher education; appointment; qualifications; powers,6
duties and functions; compensation7
A. The board of trustees shall appoint a commissioner of higher education8
to administer and implement board programs and policies and who shall possess such9
qualifications and have such other powers, functions, duties, and responsibilities as10
established by the board or as provided by law.11
B. The commissioner of higher education shall be appointed by a two-thirds12
vote of the total membership of the board and shall be subject to confirmation by the13
Senate.14
C. The salary of the commissioner of higher education shall be determined15
by the board, subject to the approval of the Joint Legislative Committee on the16
Budget.17
§1894. System office; functions; powers18
A.(1) The Board of Trustees shall employ a support staff. The Commissioner19
of Higher Education shall be its head. Management decisions only of a significant20
import shall require a board vote.21
(2) The Board of Trustees shall be responsible for all planning functions of22
its system office; however, it shall delegate the day-to-day management of the23
institutions under its control to the commissioner. The commissioner shall be24
responsible for the day-to-day management of postsecondary institutions.25
B.(1) The support staff shall be domiciled in the same geographic location26
as the board. It shall possess certain divisions to manage the institutions under the27
control of the board, which shall include personnel, legal, facilities, information28 HLS 11RS-245 ORIGINAL
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technology, finance, academic planning. It shall have an office overseeing data,1
policy, and performance.2
(2) In addition, it shall possess divisions by institutional classification to be3
headed by a deputy commissioner. These divisions will manage the operations of4
similar type institutions with the purpose of maximizing resources, exercising5
economies of scale, and preserving role, scope, and mission of their respective6
constituent institutions. The level at which these divisions provide such management7
shall reflect the operational needs of constituent institutions, providing a single8
managerial entity when appropriate.9
§1895. Power to disapprove; approve; or modify; service regions, establishment10
A. The board of trustees shall have the power to approve, disapprove, or11
modify a proposed degree program, department of instruction, division or similar12
subdivision.13
B. No college or university may institute a new degree program or14
department of instruction, division, or similar subdivision without the final approval15
of the board.16
C.(1) The Board of Trustees shall formulate and establish geographic regions17
of the state in order to maximize the use of the instructional and physical resources18
of existing state postsecondary educational institutions and regionally accredited19
independent postsecondary educational institutions and to provide broad citizen20
access to the education and training services provided by such institutions. The21
board shall establish the regions such that at least one public institution of higher22
education which awards baccalaureate degrees shall be within the geographic23
boundaries of or shall be assigned by the board to each region.24
(2)(a) The board shall evaluate the instructional and physical resources of25
such existing institutions within each region, including the resources of existing26
higher education institutions, and shall assure maximum use thereof before27
recommending the creation of any new postsecondary institution within the region.28
The board may provide for the use within a region of existing resources from outside29 HLS 11RS-245 ORIGINAL
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the region before recommending the creation of any new postsecondary institution1
within the region.2
(b) Such evaluation shall also be used by the board to create efficiencies,3
increase student access, enhance academic quality, further the goals established by4
the master plan for postsecondary education, and for any other purpose that will5
serve to advance postsecondary education in each region and the state as a whole.6
(c) The board shall adopt such policies and take such actions deemed7
appropriate and necessary to maximize the use of all resources available to support8
and promote postsecondary education in the state.9
§1896. Power with respect to new institutions10
The board shall have the power to study the need for and feasibility of11
creation of any new institution of post-secondary education, including branches of12
institutions and conversion of institutions that grant primarily associate degrees to13
institutions offering longer courses of study.14
§1897. Power to formulate master plan; mission establishment15
A. The board shall formulate and make timely revision of a master plan for16
postsecondary education. As a minimum, the plan shall include a formula for17
equitable distribution of funds to the institutions of postsecondary education. The18
board shall submit its plan and formula for funding to the governor and the19
legislature.20
B.(1) After consultation the chancellor, and the president of each public21
institution of public postsecondary education, the board shall devise, describe, and22
establish a mission for each such institution. Each mission statement shall be23
reviewed periodically and shall be individually revised as often as is necessary to24
achieve and maintain the institutional balance necessary to diversity, access, and25
excellence.26
(2) The board shall make such recommendations for legislative or27
gubernatorial action necessary to support the development of each institution as28
provided in its mission statement. Annually, the board shall report to the legislature29 HLS 11RS-245 ORIGINAL
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and the governor on the status of higher education relative to the mission statements,1
including in such report all revisions since the last report and any recommendations2
for legislative or gubernatorial action.3
(3) Each mission statement devised pursuant to this Section shall include a4
description of:5
(a) The intended role and scope of each institution, describing with some6
specificity its geographic service area, the student population intended to be served,7
and regional collaboration between institutions including course articulation and the8
transfer of students.9
(b) Its public service contribution.10
(c) Its academic and research goals, particularly describing programs being11
emphasized.12
(d) Its contribution toward, and proper role in, the collective goals of public13
higher education of diversity, access, and excellence.14
§1898. Power to recommend budget15
A. The Board of Trustees may require that each public postsecondary16
education institution submit to it, at a time it specifies, an annual budget proposal for17
the institution's operational and capital needs.18
B.(1) The board shall submit to the governor and to the legislature its budget19
recommendations for all institutions of higher learning in the state. The budget20
recommendation shall be based in part on institutional performance in accordance21
with R.S. 17:3139.22
(2)(a) The board shall submit to the governor and to the legislature the23
priorities for capital construction and improvements for all institutions of higher24
learning in the state. At the same time as it submits such priorities, the board shall25
submit its recommendations for the budget for capital construction and26
improvements to the governor and the legislature.27
(b) The legislature shall consider the recommendations of the board28
regarding the budget for capital construction and improvements. The29 HLS 11RS-245 ORIGINAL
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recommendations of the board shall be considered prior to adoption of the capital1
construction budget by the legislature for projects from the priority list submitted by2
the board.3
C. The legislature shall appropriate funds for the operating and4
administrative expenses of the state boards created by or pursuant to Article VIII of5
the Constitution of Louisiana. Appropriations for the institutions of postsecondary6
education shall be made to board of trustees. The funds appropriated shall be7
administered by the board and used solely as provided by law.8
D.(1) Pursuant to Subsection A of this Section, the board shall require, as a9
part of any annual budget proposal submitted to it by an institution for its operational10
and capital needs, that such proposal include recommended funding needed to make11
the facilities and learning environments at the institution accessible to persons with12
motor and sensory impairments.13
(2) The board, in consultation with the Department of Social Services and14
other appropriate persons, as determined by the board, shall develop and adopt rules15
and guidelines to be used for determining such recommended funding. Such rules16
and guidelines shall include but not be limited to an initial review and analysis, with17
an annual update thereafter, of the institution's facilities and learning environments18
from the standpoint of accessibility to persons with motor and sensory impairments.19
Such review and analysis shall include a determination as to whether or not the20
institution's facilities and learning environments are in compliance with the federal21
Americans with Disabilities Act and other applicable federal and state laws and22
agency rules and regulations.23
(3) Budget recommendations submitted annually by the board pursuant to24
Subsection B of this Section shall consider recommended funding based upon the25
institutions' recommendations made pursuant to Paragraph D(1) of this Section.26
E. The board shall formulate and adopt a formula for distribution of funds27
appropriated by the legislature for deferred maintenance. This formula shall be28 HLS 11RS-245 ORIGINAL
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effective for all institutions of postsecondary education and shall give priority to1
those institutions with preventive maintenance programs.2
F. Any formula formulated and adopted by the board for funding institutions3
of postsecondary education in the ensuing year as provided in this Section shall be4
annually reported to the Senate Committee on Education, the Senate Committee on5
Finance, the House Committee on Education, and the House Committee on6
Appropriations, not later than March fifteenth of each year.7
§1899. Power to provide for articulation8
A.(1) The Board of Trustees shall implement common core courses that9
articulate from any institution of public higher education to any other such10
institution, taking into consideration the accreditation criteria of the institution11
receiving the credit.12
(2) The board shall adopt and implement articulated units of course work13
common among specified degree programs, taking into consideration the14
accreditation criteria of the institution receiving the credit.15
(3) The board shall provide for the implementation of a computer-based16
system of articulation assessment that is accessible by all postsecondary students.17
(4) The board shall report in writing by December thirty-first of each year18
to the House and Senate Committees on Education on the extent to which the course19
articulation goals and objectives provided for by this Subsection have been achieved20
and the plan and time line to fully accomplish these purposes.21
B.(1) The board and the State Board of Elementary and Secondary22
Education, in cooperation with local school boards, shall implement articulation23
agreements that provide opportunities for secondary school students to take24
vocational-technical courses and community college courses provided by two-year25
institutions. Such opportunities shall be provided either on-site at the secondary or26
the postsecondary institution or at another location in a manner that takes into27
account cost-effectiveness for the institutions providing the instruction and28
accessibility for students.29 HLS 11RS-245 ORIGINAL
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(2) The board and the State Board of Elementary and Secondary Education1
shall report to the legislature by December thirty-first of each year on the status of2
such articulation programs, including the types of programs being offered and the3
specific number of secondary students taking advantage of such opportunities.4
§1899.1. Louisiana Higher Education Executive Advisory Committee; members;5
executive committee; meetings; functions6
A.(1) There is hereby established within the Department of Education the7
Louisiana Higher Education Executive Advisory Committee. The committee shall8
be comprised of the following members:9
(a) The commissioner of higher education, who shall serve as chairman;10
(b) The president of the Louisiana Association of Independent Colleges and11
Universities and each of its member institutions;12
(c) The chancellor or president of each institution of postsecondary13
education.14
(d) The chairman of the Workforce Investment Council.15
(2) The members of the committee may not be compensated for their16
services.17
B. The committee shall establish an executive committee, which shall consist18
of the commissioner of higher education, the president of the Louisiana Association19
of Independent Colleges and Universities, and five other members of the committee20
elected by the committee.21
C. The committee shall meet at least once annually, at the invitation of and22
at a location determined by the chairman. Special meetings may be held upon call23
of the chairman.24
D. It shall be the function of the committee to consider matters relating to25
education and to make recommendations to the board as the committee deems26
necessary.27
§1899.2. Louisiana classroom teacher and vocational-technical school instructor28
enrollment program; creation; regulations; limitations29 HLS 11RS-245 ORIGINAL
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A. The Board of Trustees shall develop, in concert with the institutions under1
its jurisdiction, a program for the enrollment of Louisiana full-time classroom2
teachers and vocational-technical school instructors in courses of instruction for3
college credit offered on the main campus of said institutions, on a tuition-free basis,4
where space is available and where the applicant teacher or instructor meets any5
prerequisite course requirements and all other requirements of this Section. The6
program shall be implemented at no additional cost to the state. However, any7
institution having a teacher or instructor enrolled pursuant to the provisions of this8
Section may count such enrollment in its computation of student credit hours. All9
fees required for enrollment, except tuition, shall be paid by the teacher or instructor.10
For purposes of this Section, "classroom teacher" shall be defined as any full-time11
classroom teacher employed by a city or parish school board and holding a valid12
Louisiana teacher's certificate, and any full-time classroom teacher employed by a13
nonpublic school approved by the State Board of Elementary and Secondary14
Education.15
B.(1)(a) The board shall adopt rules and regulations to carry out the purposes16
of the program and, prior to adoption, shall submit them to the House Committee on17
Education and the Senate Committee on Education for review and comment.18
(b) The board shall adopt rules and regulations to implement provisions19
relative to participation of vocational-technical school instructors and, prior to20
adoption, shall submit them to the House Committee on Education and the Senate21
Committee on Education for review and comment.22
(2) Such rules and regulations shall include but not be limited to the23
following:24
(a) A requirement that the appropriate administrator at the institution25
approve space availability for the program and that such approval shall be granted26
absent any documented evidence that space is not available.27
(b) A requirement that space availability shall be determined only after the28
deadline established by the institution for student schedule changes.29 HLS 11RS-245 ORIGINAL
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(c)(i) A requirement that to be eligible to participate in the program, a1
teacher or instructor shall not otherwise be eligible to enroll in such course or2
courses pursuant to the continuing education tuition exemption program established3
by the State Board of Elementary and Secondary Education.4
(ii) The State Board of Elementary and Secondary Education shall provide5
a copy of the guidelines and eligibility requirements for the continuing education6
tuition exemption program administered by the board to each institution and if any7
revisions are made to such guidelines and requirements after such time, the board8
shall provide the revised guidelines and requirements to each institution on a timely9
basis.10
(iii) Upon receipt of the guidelines and requirements for the continuing11
education tuition exemption program as provided in Item (ii) of this Subparagraph,12
each institution shall be responsible for determining eligibility for enrollment in the13
program as provided by this Section.14
(iv) Any teacher who is otherwise eligible for the program as provided by15
this Section and who is denied enrollment into the continuing education tuition16
exemption program as provided by the State Board of Elementary and Secondary17
Education due to insufficient funding for the program for the semester or quarter in18
which the teacher applies, shall be eligible to participate in the program as provided19
by this Section.20
(d) A requirement limiting the course enrollment of a classroom teacher or21
instructor pursuant to the provisions of this Section to not more than six credit hours22
for any one semester or its equivalent for attendance at any institution operating on23
a quarter system. There shall be no limitation on course enrollment during summer24
sessions.25
(e) A requirement that participation in the program by a classroom teacher26
or vocational-technical school instructor during any one school year shall obligate27
such teacher to practice his profession as a classroom teacher in the elementary or28
secondary schools of the state and such instructor to practice his profession as an29 HLS 11RS-245 ORIGINAL
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instructor in the state vocational-technical schools for at least the subsequent school1
year.2
§1899.3. Louisiana Education Tuition and Savings Plan and Fund3
A. The Board of Trustees, or its successor, is authorized to formulate,4
develop, adopt, implement, then manage and otherwise administer the Louisiana5
Education Tuition and Savings Plan, which shall be comprised of an education6
savings program based on issuance of interest-bearing education notes. Prior to7
adoption by the board, the board shall submit the proposed plan in writing to the8
House and Senate Committees on Education for review and comment.9
B. The board may adopt appropriate and necessary rules, regulations, and10
program guidelines to implement an education savings program based on issuance11
by the state of interest bearing education notes. Such rules, regulations, and program12
guidelines shall be consistent with the provisions of this Section relating to the13
education savings plan and shall include but not be limited to the following:14
(1) The program shall be designed to allow parents and other eligible15
participants to purchase, at a discounted rate, interest bearing education notes issued16
by the state in the name of a qualified beneficiary and redeemable for permitted17
educational expenses incurred by the beneficiary upon acceptance by and18
matriculation at any public or private institution of higher education in the state.19
(2) Eligible participants shall include parents, family members, and other20
persons, within or without the state; however, the qualified beneficiary shall be a21
Louisiana resident at the time of purchase of the note. The program shall include22
provisions setting forth the circumstances and terms under which a purchaser of an23
education note may substitute one qualified person for another as a beneficiary.24
(3) The education notes shall be marketed in various denominations,25
including one thousand dollar denominations, shall have from five to twenty-two26
year maturities, and shall pay accrued interest upon maturity as provided for by the27
program.28 HLS 11RS-245 ORIGINAL
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(4) Interest earned by the purchaser on an education note shall be exempt1
from Louisiana income tax.2
(5) The program shall provide that if a qualified beneficiary is not admitted3
to a state public or private institution of higher education or chooses to attend an out-4
of-state higher education institution, the purchaser of the education note may redeem5
the note, minus administrative fees, with a substantial penalty applied to the return6
of accrued interest which shall be provided for by the rules.7
(6) The program shall permit a purchaser of an education note to redeem the8
note upon the death or permanent and total disability of the qualified beneficiary9
without penalty. The program also shall provide for other circumstances when the10
education note is not or cannot be used for permitted purposes.11
C.(1) There shall be established in the state treasury as a special permanent12
fund the Louisiana Education Tuition and Savings Fund, hereinafter referred to as13
the "Tuition and Savings Fund". The fund shall be comprised of separate accounts14
for the Louisiana Student Tuition Assistance and Revenue Trust Program established15
in Chapter 22-A of this Title and for the educational savings program authorized by16
this Section. A "Savings Enhancement Fund" shall be established as a special17
permanent sub-account within the Louisiana Student Tuition Assistance and18
Revenue Trust Program Account. As budgeted by the Louisiana Tuition Trust19
Authority, the legislature shall annually appropriate state general funds to be20
deposited by the state treasurer in the Savings Enhancement Fund. Monies in the21
Savings Enhancement Fund shall be used, as appropriated, to make earnings22
enhancements to the beneficiaries of eligible education savings accounts established23
under the Louisiana Student Tuition Assistance and Revenue Trust Program by24
Chapter 22-A of this Title. All revenues and interest earnings generated pursuant to25
programs of the Louisiana Education Tuition and Savings Plan and the Louisiana26
Student Tuition Assistance and Revenue Trust Program shall be credited to their27
respective fund accounts or sub-accounts. The monies in this fund shall be used28
solely to finance the permitted educational benefits provided by the respective29 HLS 11RS-245 ORIGINAL
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programs. All unexpended and unencumbered monies in fund accounts and their1
respective sub-accounts at the end of a fiscal year shall remain in such fund accounts2
or sub-accounts and be available for appropriation in the next fiscal year. The3
monies in the fund shall be invested by the state treasurer in accordance with state4
law and as provided for by program rules, regulations, and guidelines, and interest5
earned on the investment of these monies shall be credited to the respective fund6
accounts or sub-accounts, following compliance with the requirement of Article VII,7
Section 9(B) of the constitution relative to the Bond Security and Redemption Fund.8
However, principal deposited by account owners and interest earned thereon is not9
public money and therefore is not subject to the requirements of Article VII, Section10
9(B) of the constitution.11
(2) The legislature shall make yearly appropriations from the respective12
account and sub-account, if applicable, to the board for the purposes established in13
this Section and to the Louisiana Tuition Trust Authority for the purposes established14
in Chapter 22-A of this Title.15
§1899.4. State tuition and fee policy; Board of Trustees; study and formulate;16
legislative approval of authority to increase tuition or fees; implementation;17
reports18
A. The Board of Trustees shall study and formulate a state tuition and fee19
policy which shall be applicable to each public postsecondary education institution20
and system in the state. The board shall take into consideration the cost of education21
provided by each type of institution, the proportion of such costs typically paid by22
students, the economic status of the citizens of the state of Louisiana, the overall23
rates of increase in public postsecondary education costs and tuition, the existing24
status of tuition and fees in Louisiana relative to its peer states, and other pertinent25
factors as may be determined by the board. The tuition and fee policy shall establish26
a framework for the imposition of student tuition and fees by the respective27
postsecondary education management boards. The delegation of authority to the28
postsecondary education management boards to establish tuition and fees in29 HLS 11RS-245 ORIGINAL
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are additions.
accordance with policies adopted by the board pursuant hereto shall not be construed1
to authorize the Board of Regents to set a specific tuition or fee.2
B. Prior to the implementation of the initial increase in fees or tuition3
pursuant to such policy, the authority for the postsecondary education management4
boards to increase tuition or fees consistent with the policy shall be approved by the5
legislature by law by the favorable vote of two-thirds of the elected members of both6
houses of the legislature. Such approval shall constitute compliance with the7
requirements of Article VII, Section 2.1 of the Constitution of Louisiana for any8
subsequent increases pursuant to the policy.9
C. The Board of Regents and each of the management boards shall report10
annually to the Joint Legislative Committee on the Budget by not later than February11
first of each year on the status of the implementation of the state tuition and fee12
policy.13
§1899.5. Higher Education Initiatives Fund14
A. The "Higher Education Initiatives Fund", hereinafter referred to in this15
Section as the "fund", is hereby created within the state treasury for the purpose of16
improvement of Louisiana's higher education institutions, including but not limited17
to improvement of university-based teaching training programs and development of18
innovative teaching strategies, development of additional distance learning university19
classrooms, including infrastructure connections and purchase of equipment, and20
enhancement of library and scientific equipment.21
B. The sources of monies deposited into the fund shall be legislative22
appropriation and grants, gifts, and donations received by the state for the purposes23
of this Section. Monies in the fund shall be subject to appropriation by the24
legislature and shall be available exclusively for higher education institutions or for25
the Board of Trustees. The board shall develop regulations and guidelines for the26
distribution and allocation of monies appropriated to the board which shall be subject27
to approval by the Joint Legislative Committee on the Budget. All unexpended and28
unencumbered monies in the fund at the end of the fiscal year shall remain in the29 HLS 11RS-245 ORIGINAL
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fund. Such monies shall be invested by the treasurer in the same manner as the1
monies in the state general fund, and all interest earned shall be credited to the fund2
following compliance with the requirements of Article VII, Section 9(B) of the3
Constitution of Louisiana, relative to the Bond Security and Redemption Fund.4
§1899.6. Development of state student financial aid plan; master plan5
The Board of Trustees shall develop and maintain a comprehensive state6
student financial aid plan that supports the Master Plan for Public Postsecondary7
Education. In developing the plan, the board shall consider all sources of financial8
aid available to students attending or seeking to attend postsecondary education9
institutions in Louisiana and the financial needs of such students. The plan shall10
contain recommendations regarding student financial aid necessary to implement the11
policies and achieve the goals and objectives defined in the Master Plan for Public12
Postsecondary Education. Prior to the implementation of such recommendations,13
they shall be reviewed and approved by the Senate Committee on Education and the14
House Committee on Education.15
§1899.7. Articulation of credits earned in secondary and postsecondary institutions16
A. The Board of Trustees and the State Board of Elementary and Secondary17
Education shall collaboratively provide for the adoption and implementation of a18
comprehensive system of articulation of Carnegie Units earned in a secondary school19
and college credit hours earned in a postsecondary institution.20
B. The Board of Trustees shall provide for the adoption and implementation21
of a comprehensive system of course articulation between all institutions of public22
higher education for all college credit units earned in such institutions.23
C.(1) The Board of Trustees and the State Board of Elementary and24
Secondary Education shall submit a written report to the Senate Committee on25
Education and the House Committee on Education not later than March fifteenth of26
each year detailing the progress made in implementing the articulation plan required27
in Subsection A of this Section.28 HLS 11RS-245 ORIGINAL
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(2) The Board of Trustees shall submit a written report to the Senate1
Committee on Education and the House Committee on Education not later than2
March fifteenth of each year detailing the progress made in implementing the3
articulation plan required in Subsection B of this Section.4
PART II. POWERS AND DUTIES OF THE BOARD OF TRUSTEES5
§1899.11. General powers, duties, and functions6
A. The Board of Trustees shall have authority to exercise power necessary7
to supervise and manage the day-to-day operations of institutions of postsecondary8
education under its control, including but not limited to the following:9
(1) Sue and be sued, including the right to recover all debts owing to the10
board or any university or college under its management, and to retain legal counsel11
therefor.12
(2)(a) In accordance with any other applicable provision of this Paragraph,13
determine the fees which shall be paid by students.14
(b)(i) In accordance with Article VII, Section 2.1 of the Constitution of15
Louisiana, each management board also shall have authority to establish tuition and16
mandatory attendance fee amounts applicable to nonresident students at an17
institution under its supervision and management that at least equal the average18
amount of annual tuition and mandatory attendance fees for the ensuing fiscal year19
applicable to nonresident students, at institutions in states comprising the Southern20
Regional Education Board, excluding Louisiana, which are in the same category as21
established by the Southern Regional Education Board. Such amounts shall be based22
on the latest available information that is obtainable by the Board of Regents from23
the regional education board.24
(ii) In accordance with Article VII, Section 2.1 of the Constitution of25
Louisiana, the Board of Trustees also shall have authority to make a total increase26
in the tuition amount applicable to resident students at an institution under its27
supervision and management such that the tuition amount for an academic year shall28 HLS 11RS-245 ORIGINAL
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not exceed the amount in effect on June 28, 2000, by more than two hundred fifty1
dollars.2
(iii)(aa) In accordance with Article VII, Section 2.1 of the Constitution of3
Louisiana, the Board of Trustees also shall have authority to make a total increase4
in the tuition amount applicable to resident students at community or technical5
institutions such that the tuition amount for an academic year, or comparable period6
of time for Louisiana Technical College, shall not exceed the amount in effect on7
June 28, 2000, by more than two hundred fifty dollars nor by more than one hundred8
dollars at Louisiana Technical College.9
(bb) Notwithstanding the limitation provided in Subitem (aa) of this Item or10
any authority provided to the board by this Subparagraph and in accordance with11
Article VII, Section 2.1 of the Constitution of Louisiana, tuition and mandatory12
attendance fee amounts established by the Board of Trustees and applicable to13
students enrolled in L. E. Fletcher Technical-Community College and Sowela14
Technical-Community College may be increased but shall not exceed the median15
amount of tuition and mandatory attendance fees applicable to students enrolled in16
other Louisiana public colleges and universities offering academic undergraduate17
degrees at the associate degree level but not baccalaureate degrees. The Board of18
Trustees shall report in writing to the House and Senate Committees on Education19
by not later than sixty days prior to the beginning of each regular legislative session20
on the purposes for which monies received from the tuition increase authorized by21
this Subitem have been expended.22
(iv) No increase in tuition or mandatory attendance fee amounts established23
pursuant to the provisions of this Subparagraph shall affect tuition for any joint24
apprenticeship program.25
(v) Prior to imposing any increase or increases in tuition or mandatory26
attendance fee amounts, or both, established pursuant to the provisions of this27
Subparagraph, the Board of Trustees shall establish criteria for waivers of such28
increase or increases in cases of financial hardship. Information about such waivers29 HLS 11RS-245 ORIGINAL
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and the criteria and procedures for obtaining a waiver shall be made available to all1
prospective students affected by the increase or increases in a timely manner such2
that the prospective student can be aware of the increase or increases and the3
availability of waivers thereto prior to the student having to make any final decision4
concerning attendance at the college or university.5
(vi) The authority granted each management board by this Subparagraph to6
establish tuition and mandatory attendance fee amounts shall include the authority7
to establish proportional amounts applicable to part-time students and to students8
enrolled for summer terms and for intersession terms.9
(vii) In accordance with Article VII, Section 2.1 of the Constitution of10
Louisiana and in addition to any other authority provided by this Subparagraph, the11
Board of Trustees may establish tuition and mandatory attendance fee amounts12
applicable to resident students at an institution under its supervision and management13
and, effective January 1, 2002, may adjust such tuition and mandatory fee amounts14
not to exceed a rate of increase of three percent annually, subject to the approval of15
the Joint Legislative Committee on the Budget. The authority granted by the16
provisions of this Item shall terminate July 1, 2005.17
(c) The Board of Trustees is authorized to establish the tuition amounts and18
other fees and charges applicable to students enrolled in the Doctor of Pharmacy19
Program at the University of Louisiana at Monroe to be consistent with tuition20
amounts and other fees charged to students in Doctor of Pharmacy Programs in states21
comprising the Southern Regional Education Board.22
(d)(i) In accordance with Article VII, Section 2.1 of the Constitution of23
Louisiana, the Board of Trustees may provide for the assessment of an operational24
fee at each institution under its management and supervision in an amount not to25
exceed four percent of the total mandatory tuition and fee amount in effect for each26
institution on August 15, 2004.27 HLS 11RS-245 ORIGINAL
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(ii) The authority by this Subparagraph to impose an operational fee shall1
include the authority to establish proportional amounts applicable to part-time2
students and to students enrolled for summer and intersession terms.3
(iii) The fee shall not be a cost that is payable by the state on behalf of any4
student who is a recipient of an award under the Taylor Opportunity Program for5
Students.6
(iv) The fee shall be in addition to any other tuition or attendance fees and7
charges established by the board, and the fee shall be paid by all students. However,8
the boards shall establish criteria for waiving the fee in cases of financial hardship9
as determined by each board. Information relative to such waivers and the criteria10
and procedures for obtaining a waiver shall be made available to all prospective11
students in a timely manner such that each student is informed of the availability of12
a waiver prior to the student making a final decision concerning attendance at any13
institution under the management and supervision of the board.14
(v) At any postsecondary institution, any excess of revenue resulting from15
the imposition of an operational fee as authorized in this Subparagraph over16
mandated costs applicable to the institution in any fiscal year shall be used by the17
institution solely for the enhancement of any instructional programs and may not be18
used to pay the salary of any university or university system administrator as is19
provided for the use of the academic excellence fee.20
(e)(i) In accordance with Article VII, Section 2.1(A) of the Constitution of21
Louisiana and in addition to any other authority provided by this Paragraph, the22
Board of Trustees may establish tuition and mandatory attendance fee amounts23
applicable to resident students at an institution under its supervision and management24
and, effective July 1, 2008, may adjust such tuition and mandatory fee amounts at25
a rate not to exceed three percent annually if the tuition and mandatory fee amount26
in effect for the institution is ten percent or less below the average or median tuition27
and mandatory fee amount of the institution's peers, at a rate not to exceed four28
percent annually if the tuition and mandatory fee amount in effect for the institution29 HLS 11RS-245 ORIGINAL
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is more than ten percent but less than twenty percent below the average or median1
tuition and mandatory fee amount of the institution's peers, or at a rate not to exceed2
five percent annually if the tuition and mandatory fee amount in effect for the3
institution is twenty percent or more below the average or median tuition and4
mandatory fee amount of the institution's peers. The Board of Trustees shall5
establish guidelines on the use of data available from the Southern Regional6
Education Board and other national sources in determining appropriate institution7
peers and peer average or median tuition and mandatory fee rates. The authority to8
increase tuition and mandatory fee amounts granted by the provisions of this9
Subparagraph shall be applicable for the 2008-2009, 2009-2010, 2010-2011, and10
2011-2012 academic years only and shall terminate June 30, 2012. Beginning with11
the 2009-2010 academic year, the authority to increase tuition and mandatory fee12
amounts granted by the provisions of this Subparagraph shall be subject to the13
approval of the Joint Legislative Committee on the Budget.14
(ii) The authority granted to the board by this Subparagraph to establish15
tuition and mandatory fee amounts shall include the authority to establish16
proportional amounts applicable to part-time students and to students enrolled for17
summer and intersession terms.18
(iii) Prior to imposing any increase or increases in tuition or mandatory19
attendance fee amounts, or both, established pursuant to the provisions of this20
Subparagraph, each management board shall establish criteria for waivers of such21
increase or increases in cases of financial hardship. Information about such waivers22
and the criteria and procedures for obtaining a waiver shall be made available to all23
prospective students affected by the increase or increases in a timely manner such24
that the prospective student can be aware of the increase or increases and the25
availability of waivers prior to the student making any final decision concerning26
attendance at the college or university.27
(3) Purchase land and purchase or construct buildings necessary for the use28
of each institution in accordance with applicable laws.29 HLS 11RS-245 ORIGINAL
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(4) Lease land or other property belonging to it or to any college or1
university within its system, in accordance with law.2
(5) Sell, transfer or exchange land or other property not needed for university3
purposes, in accordance with law.4
(6) Award certificates, confer degrees and issue diplomas certifying the5
same.6
(7) Enter into contracts and agreements with other public agencies with7
respect to cooperative enterprises and undertakings relating to or associated with8
college or university purposes and programs, in accordance with applicable laws.9
(8) Perform such other functions as are necessary or incidental to the10
supervision and management of the university system it supervises and manages.11
B. In addition to the powers and duties vested by Subsection A of this12
Section and any other applicable laws, the Board of Trustees, as soon as practicable,13
shall adopt policies and rules authorizing state colleges and universities to develop14
and conduct courses of study and curricula for inmates and personnel at state15
correctional institutions, pursuant to authorization by the Department of Public16
Safety and Corrections. The courses of study to be offered shall be developed by the17
college or university and approved by the governing board.18
C.(1) In addition to any other powers and duties authorized by this Section,19
the board shall adopt 1990, a policy requiring each institution under its supervision20
and management to report, on at least a monthly basis, the numbers and types of21
reported criminal offenses occurring on property owned or under the control of the22
institution. Such report shall be a public record. The form and content of such23
reports shall be prescribed by the management board but shall be such as to be24
acceptable for the purposes of compiling uniform crime reports. The report provided25
for by this Subsection shall be limited to those offenses included in Part I of the most26
recently published edition of the Uniform Crime Reports for the United States as27
printed by the Federal Bureau of Investigation and the United States Department of28
Justice.29 HLS 11RS-245 ORIGINAL
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(2) The policy also shall require each institution to publish in its catalog1
basic information about security procedures and practices maintained by the2
institution. Such information, to the extent not otherwise exempt by law from3
disclosure, shall include but need not be limited to the following:4
(a) The enforcement authority and training requirements for campus police5
and other security personnel.6
(b) The number of security personnel employed by type, including full-time,7
part-time, and supplemental personnel.8
(c) Basic procedures for responding to emergencies or criminal actions and9
special services for the reporting of emergencies and criminal actions, such as the10
provision of an emergency telephone number for student and employee use.11
(d) The administrative office responsible for security and campus police12
services.13
(3) The policy also shall require each institution to develop and adopt written14
security rules, regulations, and procedures. Such rules, regulations, and procedures15
shall include but need not be limited to the following information:16
(a) Procedures for responding to emergencies or criminal actions.17
(b) Procedures for securing campus buildings and residence halls.18
(c) Procedures for investigating violations of criminal statutes and university19
regulations.20
(d) Procedures related to campus police and other security personnel activity21
within student housing.22
(e) Rules and regulations governing the possession and use of firearms by23
campus police and other security personnel.24
(f) Rules and regulations governing the possession and use of firearms on25
campus by employees, students, and visitors.26
(g) Security considerations used in the construction, maintenance,27
groundskeeping, and lighting of campus buildings and grounds.28
(h) Methods used to inform the campus community about security matters.29 HLS 11RS-245 ORIGINAL
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D. In addition to any other powers and duties authorized by this Section, the1
board shall adopt a policy requiring each institution under the board's supervision2
and management to include as a part of any material made available by the3
institution to students and prospective students about any course offering at the4
institution a list of other Louisiana public colleges and universities that will5
recognize a student's successful completion of such course both for academic credit6
in general and for credit toward meeting degree program requirements at the other7
institutions.8
§1899.12. Authority of institutions9
A. Subject to an initial analysis after the creation of the Board of Trustees10
of capacity by the Board of Trustees, the board may grant to each institution the11
authority to exercise power necessary to carry out the following. It is the intent of12
the legislature that the board delegate as many of these powers as practical:13
(1) Actively seek and accept donations, bequests, or other forms of financial14
assistance for educational purposes from any public or private person or agency and15
to comply with rules and regulations governing grants from the federal government16
or any other person or agency which are not in contravention of the constitution and17
laws.18
(2) Receive and expend or allocate for expenditure all monies appropriated19
or otherwise made available for its purposes according to the master plan for higher20
education.21
(3) Borrow money and issue notes, bonds or certificates of indebtedness for22
the same and pledge fees, rents and revenues to guarantee payment thereof, in23
accordance with law and with approval of the Board of Trustees and the State Bond24
Commission.25
(4) Purchase equipment, properly maintain and make improvements to26
facilities necessary for the use of the university system, in accordance with27
applicable laws.28 HLS 11RS-245 ORIGINAL
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(5) Employ or approve the employment, fix or approve the salaries, and fix1
or approve the duties and functions of personnel for the institution below the level2
of Dean or equivalent administrator in accordance with the provisions of this3
Chapter. Notwithstanding any law to the contrary, any increase in salary for an4
administrator of any public college or university or of any postsecondary education5
management board shall comply with the administrative salary policy guidelines6
adopted by the Board of Trustees. Employment, salaries, duties, and functions at the7
level of Dean or above shall be subject to Board of Trustees approval.8
(6) Review and approve curricula, programs of study, departments of9
instruction, divisions, or similar subdivisions established by the faculties of the10
university system and forward such curricula, programs of study, departments of11
instruction, divisions, or similar subdivisions to the Board of Trustees for final12
approval.13
(7) Adopt, amend or repeal rules and regulations necessary or proper for its14
business and government.15
(8) Adopt, amend or repeal rules and regulations for the government and16
discipline of students.17
(9) Affiliate with any institution giving any special course of instruction,18
upon such terms as the institution deems expedient, and with approval of Board of19
Trustees which terms may include the retention by such institution of the control of20
property, faculty and staff.21
(10) Adopt academic calendars, which shall, among other things, make22
provision for an appropriate and reasonable number of days during which academic23
teaching personnel may, with necessary approval of appropriate university officials,24
be permitted to be absent from their duty posts; the time herein provided for shall be25
in lieu of annual leave granted unclassified state employees by R.S. 42:421.26
Provided, however, when an academic teaching employee covered by this Act27
retires, or whenever any such employee dies before retirement and while holding28
membership in any retirement system to which the state contributes in whole or in29 HLS 11RS-245 ORIGINAL
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part, leaving a surviving spouse or dependent or both, who are entitled to benefits1
from the retirement system, the unused days shall be added to the employee's2
membership service in the same manner and to the same extent as if the employee3
had continued in state service until the time such number of unused days have4
elapsed, dating from the date of the employee's death.5
B. In addition to the powers and duties vested by Subsection A of this6
Section and any other applicable laws, each institution, as soon as practicable, shall7
adopt:8
(1) Bylaws setting forth the respective rights, duties and responsibilities of9
the board, the various administrative officers, and the faculty. These bylaws shall10
be specific in fixing responsibility and in describing lines of authority, without being11
so detailed as to encumber the machinery of government with undue formality.12
These bylaws may provide appropriate rules under which they may be amended from13
time to time.14
(2) Rules and regulations which may provide for:15
(a) A method of obtaining expression of faculty opinion when appointments16
are to be made to the offices of president, or head of a college or university, chief17
academic officer of a college or university, deans, directors, and heads or chairmen18
of departments. These appointments shall be made in accordance with Paragraph19
(A)(5) of this Section.20
(b)(i) The establishment, award, and continuance of fellowships,21
scholarships, and all other forms of student aid. Such rules shall be so designed as22
to promote high standards of achievement and scholarship in the respective23
recipients and to insure the award and continuance of fellowships and scholarships24
solely upon the basis of merit, and other forms of student aid strictly upon the basis25
of necessity and merit.26
(ii) Such rules and regulations may include the establishment, award, and27
continuance of tuition waivers to any student for purposes of gender equity who28
participates in an intercollegiate athletic program and who is pursuing an29 HLS 11RS-245 ORIGINAL
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undergraduate degree provided that the student meets the academic standards and1
complies with the rules and regulations of the college or university such student is2
attending relative to requirements for attendance as a full-time student. The tuition3
waivers may be offered at any campus under the jurisdiction of each management4
board; however, no management board shall issue more than an aggregate of fifty5
tuition waivers per campus during an academic year and not more than fifty percent6
of such tuition waivers shall be issued to out-of-state residents.7
(c) The administration of the various student loan funds and the granting and8
repayment of such loans. Each institution shall withhold any academic and financial9
aid transcripts of students in default on the repayment of an obligation to the10
Louisiana Student Financial Assistance Commission or its successor, until such time11
as release is authorized by the commission or its successor. Such release shall be12
dependent upon acceptable repayment arrangements being made by the defaulted13
student borrower. The rules and regulations adopted by each institution to14
implement the provisions of this Subparagraph relative to the withholding of15
academic and financial aid transcripts shall include a due process procedure16
permitting a student, if the student desires, to appear before the board prior to any17
action withholding such student's transcript.18
(d) It shall be the further duty of the institution to employ the proceeds of all19
donations, grants, subscriptions and bequests to a university, or to any school,20
college or division, or in trust therefor, so as to effectuate the purposes and accord21
with the terms and conditions of such donations, grants, subscriptions and bequests.22
Section 2. R.S. 36:651(D) is hereby amended and reenacted to read as follows:23
§651. Transfer of boards, commissions, departments, and agencies to Department24
of Education; boards, commissions, and agencies within Department of25
Education26
* * *27
D. The following agencies, as defined by R.S. 36:3, are transferred to and28
hereafter shall be within the Department of Education as provided in R.S. 36:801.1:29 HLS 11RS-245 ORIGINAL
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(1) The Board of Trustees for State Colleges and Universities(Article VIII,1
Section 6 of the 1974 Louisiana Constitution; R.S. 17:1806; R.S. 17:1831-17:1854;2
R.S. 17:3201-17:3382. 3
(2) Board of Regents Louisiana Postsecondary Education Board of Trustees4
(Article VIII, Section 5 of the 1974 Constitution of Louisiana; R.S. 17:3121-5
17:3133).6
(3) Board of Supervisors of Louisiana State University and Agricultural and7
Mechanical College (Article VIII, Section 7 of the 1974 Constitution; R.S. 17:1453;8
17:1455-1456; 17:2181-17:2193; 17:3121-17:3133).9
(4) Board of Supervisors of Southern University and Agricultural and10
Mechanical College (Article VIII, Section 7 of the 1974 Constitution; R.S. 17:3121-11
17:3133).12
(6) (2) Louisiana Systemic Initiatives Program Council (R.S. 17:2757 et13
seq.).14
(8) (3) The New Orleans Center for Creative Arts/Riverfront and its board15
of directors (R.S. 17:1970.21 - 1970.27).16
(9) (4) Louisiana Geography Education Initiative Program Council (R.S.17
17:2901 et seq.).18
* * *19
Section 3. Subpart C of Part I of Chapter 4 of Title 17 of the Louisiana Revised20
Statutes of 1950, comprised of R.S. 17:1453 through 1456, R.S. 17:1831 through 1834, 185121
through 1854, and 3121 through 3124, 3216, and 3217 are hereby repealed in their entirety.22
Section 4.(A) On January 1, 2013, the Board of Supervisors of Community and23
Technical Colleges, the Board of Supervisors of Louisiana State University and Agricultural24
and Mechanical College, the Board of Supervisors of Southern University and Agricultural25
and Mechanical College, the Board of Supervisors for the University of Louisiana System,26
and the Board of Regents are abolished. On January 1, 2013, the Louisiana Postsecondary27
Education Board of Trustees is created.28 HLS 11RS-245 ORIGINAL
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(B) For purposes of this Section, the Louisiana Postsecondary Education Board of1
Trustees shall be the "successor board" of the Board of Supervisors of Louisiana State2
University and Agricultural and Mechanical College, the Board of Supervisors of Southern3
University and Agricultural and Mechanical College, the Board of Supervisors for the4
University of Louisiana System, and the Board of Supervisors of Community and Technical5
Colleges which are referred to in this Section as the "former boards" or individually as the6
"former board". The Louisiana Postsecondary Education Board of Trustees also shall be the7
"successor board" of the Board of Regents for all institutions, schools, programs, and other8
entities placed under the jurisdiction of the Louisiana Postsecondary Education Board of9
Trustees by this Act. The Board of Regents shall be the "former board" for the respective10
successor board for institutions, schools, programs, and other entities placed under the11
jurisdiction of the respective former board.12
(C) On January 1, 2013, and thereafter, all unfinished business, references in laws13
and documents, employee s, property, obligations, and books and records of each former14
board shall be transferred as provided in this Section. Upon the abolition of each former15
board, any pending or unfinished business of the former board shall be taken over and be16
completed by the respective successor board with the same power and authorization as that17
of the former board and the respective successor board shall be the successor in every way18
to the former board for the purpose of completing such business. Any reference in laws and19
documents to the former board shall be deemed to apply to the respective successor board.20
Any legal proceeding to which the former board is a party and which is filed, initiated, or21
pending before any court on the effective date of this Section, and all documents involved22
in or affected by said legal proceeding, shall retain their effectiveness and shall be continued23
in the name of the respective successor board. All further legal proceedings and documents24
in the continuation, disposition, and enforcement of such legal proceeding shall be in the25
name of the respective successor board, and the successor board shall be substituted for the26
former board without necessity for amendment of any document. This Act shall not be27
construed so as to impair the contractual or other obligations of the former boards or of the28
state of Louisiana. All obligations of each former board shall be the obligations of the29 HLS 11RS-245 ORIGINAL
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respective successor board. The respective successor board shall be the successor in every1
way to the former board, including all of its obligations and debts. All funds heretofore2
dedicated by or under authority of the constitution and laws of this state or any of its3
subdivisions to the payment of any bonds issued for construction or improvements for any4
facility under the control of a former board shall continue to be collected and dedicated to5
the payment of those bonds, unless and until other provision is made for the payment of such6
bonds. In like manner, all other dedications and allocations of revenues and sources of7
revenues heretofore made shall continue in the same manner, to the same extent, and for the8
same purposes as were provided prior to the enactment of this Act, unless and until other9
provision is made therefor. This Act shall not be construed or applied in any way which will10
prevent full compliance by the state, or any department, office, or agency thereof, with the11
requirements of any Act of the Congress of the United States or any regulation made12
thereunder by which federal aid or other federal assistance has been or hereafter is made13
available. All books, papers, records, money, actions, and other property of every kind,14
movable and immovable, real and personal, heretofore possessed, controlled, or used by each15
former board are hereby transferred to the respective successor board. All employees16
heretofore engaged in the performance of duties of each former board, insofar as practicable17
and necessary are hereby transferred to the respective successor board and shall continue to18
perform the duties heretofore performed, subject to applicable state civil service laws, rules,19
and regulations and other applicable laws. Subject to such laws, positions in the unclassified20
service shall remain in the unclassified service.21
Section 5. Effective January 1, 2013, the Louisiana State Law Institute shall change22
references to the Board of Regents, the Board of Supervisors of Louisiana State University23
and Agricultural and Mechanical College, the Board of Supervisors of Southern University24
and Agricultural and Mechanical College, the Board of Supervisors of Community and25
Technical Colleges, and the Board of Supervisors for the University of Louisiana System in26
the Louisiana Revised Statutes of 1950 (as amended) and in other laws of the state to the27
Louisiana Postsecondary Education Board of Trustees.28 HLS 11RS-245 ORIGINAL
HB NO. 588
Page 33 of 33
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 6. This Act shall take effect and become operative if and when the proposed1
amendment of Articles IV, VII, VIII, and XIV of the Constitution of Louisiana contained2
in the Act which originated as House Bill No. 391 of this 2011 Regular Session of the3
Legislature is adopted at a statewide election to be held in 2011, and becomes effective.4
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)]
Carmody HB No. 588
Proposed law abolishes the Board of Regents, the LSU Bd. of Supervisors, the Southern
University Bd. of Supervisors, the UL System Bd. of Supervisors, and the LCTCS Bd. of
Supervisors, and creates the Louisiana Postsecondary Education Board of Trustees as the
sole governing board for postsecondary education. Provides for the powers, duties, and
functions of the board.
Effective if and when the proposed amendment of Articles IV, VII, VIII, and XIV, of the
Constitution of Louisiana contained in the Act which originated as SB 140 or HB 391 of the
2011 RS is adopted at the statewide election to be held on October 22, 2010, and becomes
effective.
(Amends R.S. 36:651(D); adds R.S. 17:1891 through 1899.12)