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Regular Session, 2011 ENROLLED
SENATE BILL NO. 80
BY SENATOR NEVERS AND REPRESENTATI VE AUSTIN BADON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 36:642(C)(1), 643, 645(A)(5), 646, 648, and 649, to enact R.S.2
36:648.1, to repeal R.S. 17:23 and Chapter 34 of Title 17 of the Louisiana Revised3
Statutes of 1950, comprised of R.S. 17:3781 through 3784, and to repeal R.S.4
36:647, relative to the Department of Education; to provide relative to the offices5
within the department and their functions; to provide relative to the titles of the6
officers of the department; to provide relative to the appointment and duties of the7
deputy superintendent of education; to remove provisions relative to the purposes8
and functions of certain offices; to remove duplicative and outdated provisions; to9
delete provisions relative to the establishment, governance, programs, and services10
of the regional education service centers; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 36:642(C)(1), 643, 645(A)(5), 646, 648, and 649 are hereby amended13
and reenacted and R.S. 36:648.1 is hereby enacted to read as follows: 14
§642. Department of Education; creation; domicile; composition; purposes and15
function16
* * *17
C.(1) The Department of Education shall be composed of the executive office18
of the superintendent, the office of management and finance, the office of student19
and school performance, the office of quality educators, the office of school and20
community support, the technical college system literacy, the office of science,21
technology, engineering, and mathematics, the office of college and career22
readiness, the office of departmental support, the office of innovation, special23
school district number one, and such other offices as shall be created by law.24
* * *25
§643. Officers of the department; compensation for one office only26
A. The officers of the department shall be the superintendent of education,27
ACT No. 302 SB NO. 80 ENROLLED
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the deputy superintendent of education, the deputy superintendent for1
management and finance, the deputy superintendent, if a deputy superintendent is2
appointed, and an assistant deputy superintendent for each office of the department.3
With the exception of the superintendent of education, each of them shall be selected4
as provided in this Title. They shall perform functions as provided in this Title. If5
a The deputy superintendent is appointed, he shall be the first assistant to the6
superintendent appointed pursuant to Article IV, Section 13 of the constitution. If7
a deputy superintendent is not appointed, the superintendent shall appoint his first8
assistant to the office of deputy superintendent for management and finance or to one9
of the offices of assistant superintendent.10
B. No person serving as a superintendent, deputy superintendent, deputy11
superintendent for management and finance, or assistant deputy superintendent shall12
receive any additional salary from the state other than that salary which he receives13
by virtue of serving in any one of such offices.14
C. Notwithstanding any provision herein to the contrary, subject to approval15
of the superintendent, any person serving as deputy superintendent for management16
and finance, deputy superintendent or assistant deputy superintendent may receive17
additional compensation for part-time services rendered as an instructor in post-18
secondary educational institutions, or as a member of the National Guard.19
* * *20
§645. Powers and duties of superintendent of education21
A. In addition to the functions, powers, and duties otherwise vested in the22
superintendent by law, he shall: 23
* * *24
(5) Except for agencies transferred as provided in R.S. 36:801.1, and except25
for provisions of the constitution to the contrary, act as the sole agent of the state or,26
in necessary cases, designate one of the offices within the department or its assistant27
deputy superintendent, to cooperate with the federal government and with other state28
and local agencies in matters of mutual concern and in the administration of federal29
funds granted to the state or directly to the department or an office thereof to aid in30 SB NO. 80 ENROLLED
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the furtherance of any function of the department and its offices. For this purpose he1
may take such actions, in accordance with applicable state law, necessary to meet2
such federal standards as are established for the administration and use of such3
federal funds, except as otherwise specifically provided in this Title or by the4
constitution and laws of this state.5
* * *6
§646. Deputy superintendent7
There may shall be a deputy superintendent of the department, who shall be8
appointed by the superintendent with consent of the Senate and who shall serve at9
the pleasure of the superintendent at a salary fixed by the superintendent which10
salary shall not exceed the amount approved for such position by the legislature11
while in session. If appointed, the The deputy superintendent shall be the first12
assistant of the superintendent of education. The duties and functions of the deputy13
superintendent shall be determined and assigned by the superintendent. He shall14
serve as acting superintendent in the absence of the superintendent as provided by15
law.16
* * *17
§648. Assistant deputy superintendents18
A. Each office within the Department of Education, except the office of19
management and finance, shall be under the immediate supervision and direction of20
an assistant deputy superintendent, who shall be appointed by the superintendent21
with consent of the Senate. Each shall serve at the pleasure of the superintendent and22
shall be paid a salary which shall be fixed by the superintendent which salaryand23
shall not exceed the amount approved for such position by the legislature while in24
session.25
B. Except as otherwise expressly provided in this Title, the duties and26
functions of each office and its assistant deputy superintendent shall be determined27
by the superintendent, and all of such duties and functions shall be exercised under28
the direct supervision and control of the superintendent.29
D. C. Each assistant deputy superintendent shall exercise all powers and30 SB NO. 80 ENROLLED
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authority granted to him in this Title subject to the overall direction and control of1
the superintendent.2
§648.1. Special school district number one; administration3
A. Special school district number one shall be under the administration4
and supervision of a state director who shall be appointed by the state5
superintendent of education, subject to confirmation by the Senate.6
B. The salary of the state director of special school district number one7
shall be fixed by the state superintendent and shall not exceed the amount8
approved for such position by the legislature while in session.9
C. The state director of special school district number one shall exercise10
his duties and functions under the direct supervision and control of the state11
superintendent of education.12
§649. Offices; purposes and functions relating to elementary and secondary13
education14
A. The purposes for which the offices in the Department of Education are15
created shall be as set forth in this Section.16
B. The office of student and school performance shall perform the functions17
of the state relating to student and school standards, assessment, accountability, and18
assistance, including exceptional children literacy shall perform the functions of19
the state relating to reading and writing, all in accordance with applicable law.20
C. The office of quality educators shall perform the functions of the state21
relating to teachers and administrators, including assessment and evaluation,22
certification, and staff development science, technology, engineering, and23
mathematics shall perform the functions of the state relating to science,24
technology, engineering, and numeracy, all in accordance with applicable law.25
D. The office of school and community support shall perform the functions26
of the state relating to student, school, and community health and nutrition programs,27
and transportation programs college and career readiness shall perform the28
functions of the state relating to dropout prevention and preparing students for29
college or career and technical education, all in accordance with applicable law.30 SB NO. 80 ENROLLED
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E. The office of management and finance shall perform the functions of1
the state relating to accounting and budget control, procurement and contract2
management, management and program analysis, grants management, and3
personnel management, all in accordance with applicable law.4
F. The office of departmental support shall perform the functions of the5
state relating to parental options, charter schools, federal programs, nutritional6
programs, foreign language programs, standards, assessments, and7
accountability, and information management, all in accordance with applicable8
law.9
G. The office of innovation shall perform the functions of the state10
relating to teacher preparation, certification, and professional development,11
school leadership, support to local school districts, and school improvement, all12
in accordance with applicable law.13
* * *14
Section 2. R.S. 17:23 and Chapter 34 of Title 17 of the Louisiana Revised Statutes15
of 1950, comprised of R.S. 17:3781 through 3784, are hereby repealed.16
Section 3. R.S. 36:647 is hereby repealed.17
Section 4. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: