SLS 12RS-1637 ORIGINAL
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Regular Session, 2012
SENATE BILL NO. 720
BY SENATOR DORSEY-COLOMB
POSTSECONDARY ED. Provides relative to postsecondary education institutions that have
declared financial exigency. (gov sig)
AN ACT1
To amend and reenact R.S. 17:3139.3(B), relative to postsecondary education; to provide2
relative to certain postsecondary education institutions that have declared financial3
exigency; to preserve the role, scope, and mission of such institutions; to provide for4
recovery of such institutions that have declared financial exigency; to provide5
relative to the performance agreements of such institutions; to require the approval6
by the Joint Legislative Committee on the Budget of any modifications to such7
performance agreements; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:3139.3(B) is hereby amended and reenacted to read as follows:10
ยง3139.3. Annual review; revocation; modification11
* * *12
B.(1) The Board of Regents may lower the established targets for13
performance objectives contained in an institution's performance agreement only in14
the event extraordinary circumstances prevent the institution from meeting such15
targets, including as provided in Paragraph (2) of this Subsection. Such16
modifications shall be subject to approval by the Joint Legislative Committee on the17 SB NO. 720
SLS 12RS-1637 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Budget. The Board of Regents, in consultation with the institution and its1
management board, may raise, at the time of the annual review, the established2
targets for performance objectives contained in an institution's performance3
agreement to continue institutional progress and shall notify the House Committee4
on Education and the Senate Committee on Education, in writing, of any such5
increases.6
(2)(a) It is the purpose of this Paragraph to preserve the role, scope, and7
mission of any public institution of postsecondary education which declares8
financial exigency and to which the provisions of this Part apply.9
(b) Upon a declaration of financial exigency by any public institution of10
postsecondary education as approved by its management board, the Board of11
Regents shall lower the established targets for performance objectives as12
contained in the institution's performance agreement in the event the institution13
is unable to meet its initial targets, for a period not to exceed beyond the end of14
the fiscal year following the year in which financial exigency was declared.15
(c) As the financial resources of such an institution in financial exigency16
are insufficient to adequately support academic programs and faculty, the17
institution shall retain any limited operational autonomy, as provided in R.S.18
17:3139.5, that was granted to such institution prior to the date of approval of19
the institution's management board of the declaration of financial exigency,20
provided that the institution meets the lower targets set forth in the modified21
performance agreement as required by Subparagraph (b) of this Paragraph.22
(d) Any modifications of the initial performance agreement shall be23
subject to approval by the Joint Legislative Committee on the Budget.24
(e) Following the period specified in Subparagraph (b) of this Paragraph,25
the Board of Regents, in consultation with the institution and its management26
board, may raise the established targets for performance objectives contained27
in an institution's performance agreement to continue institutional progress and28
shall notify the Senate Committee on Education and the House Committee on29 SB NO. 720
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Education, in writing, of any such increases.1
Section 2. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sherri H. Breaux.
DIGEST
Present law, pursuant to the La. Granting Resources and Autonomy for Diplomas Act
(GRAD Act), authorizes the Board of Regents to lower the established targets for
performance objectives contained in an institution's performance agreement only in the event
extraordinary circumstances prevent the institution from meeting such targets. Provides for
such modifications to be subject to approval by the Joint Legislative Committee on the
Budget. Further authorizes the Board of Regents, in consultation with the institution and its
management board, to raise, at the time of the annual review, the established targets for
performance objectives contained in an institution's performance agreement to continue
institutional progress. Requires notification to Senate and House committees on education,
in writing, of any such increases.
Proposed law retains present law.
Proposed law, upon a declaration of financial exigency by any public postsecondary
education institution, requires the Board of Regents to lower the established targets for
performance objectives as contained in the institution's performance agreement in the event
the institution is unable to meet its initial targets, for a period not to exceed beyond the end
of the fiscal year following the year in which financial exigency was declared.
Proposed law provides that as the financial resources of such an institution in financial
exigency are insufficient to adequately support academic programs and faculty, the
institution shall retain any limited operational autonomy that was granted to such institution
prior to the date of approval of the institution's management board of the declaration of
financial exigency, provided that the institution meets the lower targets set forth in the
modified performance agreement. Requires approval of any such modifications by the Joint
Legislative Committee on the Budget.
Proposed law authorizes the Board of Regents, as provided in present law, to raise the
established targets for performance objectives contained in an institution's performance
agreement at the time of the annual review. Requires a written report to the Senate and
House education committees.
Provides that the purpose of proposed law is to preserve the role, scope, and mission of any
public institution of postsecondary education which declares financial exigency.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3139.3(B))