HLS 14RS-234 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 273
BY REPRESENTATIVE GEYMANN
BESE: (Constitutional Amendment) Abolishes State Board of Elementary and Secondary
Education (BESE), transfers BESE duties, functions, and responsibilities to the state
superintendent of education, and provides for election of the state superintendent
A JOINT RESOLUTION1
Proposing to amend Article IV, Section 20, Article VII, Sections 10.1(C)(1) and (3) and2
(D)(2)(introductory paragraph) and 10.8(C)(3)(a) and (c), and Article VIII, Sections3
2, 4, 5(D)(introductory paragraph), 9(B), 10(A), 13(A) and (B), and 15 of the4
Constitution of Louisiana and to repeal Article IV, Section 22(A)(2) and Article VIII,5
Section 3 of the Constitution of Louisiana, relative to the administration of6
elementary and secondary education, including governance and funding; to abolish7
the State Board of Elementary and Secondary Education and to transfer the powers,8
duties, and functions of the board to the state superintendent of education; to require9
that the state superintendent of education be elected by the electors of the state; to10
remove provisions authorizing the legislature to provide by law for appointment of11
the state superintendent of education; to require the state superintendent to develop12
and propose to the legislature a minimum foundation program formula; to permit13
legislative amendment of the formula and to require funding of the formula most14
recently adopted by the legislature; to provide for implementation; to provide for15
submission of the proposed amendment to the electors; and to provide for related16
matters.17
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members18
elected to each house concurring, that there shall be submitted to the electors of the state of19 HLS 14RS-234 ORIGINAL
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Louisiana, for their approval or rejection in the manner provided by law, a proposal to1
amend Article IV, Section 20 of the Constitution of Louisiana, to read as follows:2
§20. Appointment of Officials; Merger, Consolidation of Offices and Departments3
Section 20. After the first election of state officials following the effective4
date of this constitution, the legislature may provide, by law enacted by two-thirds5
of the elected members of each house, for appointment, in lieu of election, of the6
commissioner of agriculture, the commissioner of insurance, the superintendent of7
education, the commissioner of elections, or any of them. In that event, the8
legislature shall prescribe qualifications and method of appointment and by similar9
vote, may provide by law for the merger or consolidation of any such office, its10
department, and functions with any other office or department in the executive11
branch. No action of the legislature pursuant hereto shall reduce the term or12
compensation of any incumbent elected official. By law enacted by two-thirds of the13
elected members of each house, the legislature may reestablish any such office as14
elective and, in that event, shall prescribe qualifications. 15
Section 2. Be it resolved by the Legislature of Louisiana, two-thirds of the members16
elected to each house concurring, that there shall be submitted to the electors of the state of17
Louisiana, for their approval or rejection in the manner provided by law, a proposal to18
amend Article VII, Sections 10.1(C)(1) and (3) and (D)(2)(introductory paragraph) and19
10.8(C)(3)(a) and (c) of the Constitution of Louisiana, to read as follows:20
§10.1. Quality Trust Fund; Education21
Section 10.1.22
* * *23
(C) Reports; Allocation. (1) The State Board of Elementary and Secondary24
Education state superintendent of education and the Board of Regents shall annually25
submit to the legislature and the governor not less than sixty days prior to the26
beginning of each regular session of the legislature a proposed program and budget27
for the expenditure of the monies in the Support Fund. Proposals for such28
expenditures shall be designed to improve the quality of education and shall29 HLS 14RS-234 ORIGINAL
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specifically designate those monies to be used for administrative costs, as defined1
and authorized by law.2
* * *3
(3) The legislature shall appropriate the total amount intended for higher4
educational purposes to the Board of Regents and the total amount intended for5
elementary and secondary educational purposes to the State Board of Elementary and6
Secondary Education which boards state superintendent of education. The Board of7
Regents and the state superintendent of education shall allocate the monies so8
appropriated to the programs as previously approved by the legislature.9
* * *10
(D) Disbursement; Higher Education and Elementary and Secondary11
Education.12
* * *13
(2) The treasurer shall disburse not more than fifty percent of the monies in14
the Support Fund as that money is appropriated by the legislature and allocated by15
the State Board of Elementary and Secondary Education state superintendent of16
education for any or all of the following elementary and secondary educational17
purposes:18
* * *19
§10.8. Millennium Trust20
Section 10.8. Millennium Trust21
* * *22
(C) Appropriations. 23
* * *24
(3) Appropriations from the Education Excellence Fund shall be limited as25
follows:26
(a) Fifteen percent of monies available for appropriation in any fiscal year27
from the Education Excellence Fund shall be appropriated to the state superintendent28
of education for distribution on behalf of all children attending private elementary29 HLS 14RS-234 ORIGINAL
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and secondary schools that have been he has approved by the State Board of1
Elementary and Secondary Education, both academically and as required for such2
school to receive money from the state.3
* * *4
(c) Appropriations may be made for independent public schools which have5
been approved by the State Board of Elementary and Secondary Education state6
superintendent of education or any city, parish, or other local school system and for7
alternative schools and programs which are authorized and approved by the State8
Board of Elementary and Secondary Education state superintendent of education but9
are not subject to the jurisdiction and management of any city, parish, or local school10
system, to provide for an allocation for each pupil, which shall be the average11
statewide per pupil amount provided in each city, parish, or local school system12
pursuant to Subsubparagraphs (d) and Subsubparagraph (e) of this Subparagraph.13
* * *14
Section 3. Be it resolved by the Legislature of Louisiana, two-thirds of the members15
elected to each house concurring, that there shall be submitted to the electors of the state of16
Louisiana, for their approval or rejection in the manner provided by law, a proposal to17
amend Article VIII, Sections 2, 4, 5(D)(introductory paragraph), 9(B), 10(A), 13(A) and (B),18
and 15 of the Constitution of Louisiana, to read as follows:19
§2. State Superintendent of Education20
Section 2.(A) There shall be a state superintendent of education for public21
elementary and secondary education who, subject to provisions for appointment in22
lieu of election set forth in Article IV, Section 20, of this constitution, shall be23
elected for a term of four years. If the office is made appointive, the State Board of24
Elementary and Secondary Education shall make the appointment. He shall be the25
administrative head of the Department of Education and shall implement the policies26
of the State Board of Elementary and Secondary Education department and the laws27
affecting schools under its his jurisdiction. The qualifications and other powers,28
functions, duties, and responsibilities of the superintendent shall be as provided for29 HLS 14RS-234 ORIGINAL
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statewide elected officials in Article IV, Section 2 of this constitution and further1
qualifications shall be provided by law.2
§3. State Board of Elementary and Secondary Education3
Section 3. (A) Creation; Functions. The State Board of Elementary and4
Secondary Education is created as a body corporate. It (B) The superintendent shall5
supervise and control the public elementary and secondary schools and special6
schools under its his jurisdiction and shall have budgetary responsibility for all funds7
appropriated or allocated by the state for those schools, all as provided by law. The8
board superintendent shall have other powers, duties, and responsibilities as provided9
by this constitution or by law, but shall have no control over the business affairs of10
a city, parish, or other local public school board or the selection or removal of its11
officers and employees; however, the board superintendent shall have the power to12
supervise, manage, and operate or provide for the supervision, management, and13
operation of a public elementary or secondary school which has been determined to14
be failing, including the power to receive, control, and expend state funds15
appropriated and allocated pursuant to Section 13(B) of this Article, any local16
contribution required by Section 13 of this Article, and any other local revenue17
available to a school board with responsibility for a school determined to be failing18
in amounts that are calculated based on the number of students in attendance in such19
a school, all in the manner provided by and in accordance with law.20
(B)(1) Membership; Terms. The board shall consist of eleven members,21
eight of whom shall be elected from single-member districts, which shall be22
determined as provided by law, and three of whom shall be appointed by the23
governor from the state at large, with consent of the Senate. Members shall serve24
terms of four years, which shall be concurrent with the term of the governor.25
(2) No person who has served as a member of the board for more than two26
and one-half terms in three consecutive terms shall be elected or appointed to the27
board for the succeeding term. This Subparagraph shall not apply to any person28
elected or appointed to the board prior to the effective date of this Subparagraph
1
,29 HLS 14RS-234 ORIGINAL
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except that it shall apply to any term of service of any such person that begins after1
such date.2
(C) Vacancy. A vacancy in the office of an elected member, if the remaining3
portion of the term is more than one year, shall be filled for the remainder of the term4
by election, as provided by law. Other vacancies shall be filled for the remainder of5
the term by appointment by the governor.6
§4. Approval of Private Schools7
Section 4. Upon application by a private elementary, secondary, or8
proprietary school with a sustained curriculum or specialized course of study of9
quality at least equal to that prescribed for similar public schools, the State Board of10
Elementary and Secondary Education state superintendent of education shall approve11
the private school. A certificate issued by an approved private school shall carry the12
same privileges as one issued by a state public school. 13
§5. Board of Regents14
Section 5.15
* * *16
(D) Powers. The Board of Regents shall meet with the State Board of17
Elementary and Secondary Education state superintendent of education at least twice18
a year to coordinate programs of public elementary, secondary, vocational-technical,19
career, and higher education. The Board of Regents shall have the following powers,20
duties, and responsibilities relating to public institutions of postsecondary education:21
* * *22
§9. Parish School Boards; Parish Superintendents 23
Section 9.24
* * *25
(B) Superintendents. Each parish board shall elect a superintendent of parish26
schools. The State Board of Elementary and Secondary Education state27
superintendent of education shall fix the qualifications and prescribe the duties of the28 HLS 14RS-234 ORIGINAL
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parish superintendent. He The parish superintendent need not be a resident of the1
parish in which he serves.2
§10. Existing Boards and Systems Recognized; Consolidation 3
Section 10.(A) Recognition. Parish and city school board systems in4
existence on the effective date of this constitution are recognized, subject to control5
and supervision by the State Board of Elementary and Secondary Education state6
superintendent of education and the power of the legislature to enact laws affecting7
them. 8
* * *9
§13. Funding; Apportionment10
Section 13.(A) Free School Books. The legislature shall appropriate funds11
to supply free school books and other materials of instruction prescribed by the State12
Board of Elementary and Secondary Education state superintendent of education to13
the children of this state at the elementary and secondary levels.14
(B) Minimum Foundation Program. The State Board of Elementary and15
Secondary Education, state superintendent of education or its successor, shall16
annually develop and adopt propose to the legislature a formula which shall be used17
to determine the cost of a minimum foundation program of education in all public18
elementary and secondary schools as well as to equitably allocate the funds to parish19
and city school systems. Such formula shall provide for a contribution by every city20
and parish school system. Prior to approval adoption of the formula by the21
legislature, the legislature may return the formula adopted by the board to the board22
and may recommend to the board an amended formula for consideration by the board23
and submission to the legislature for approval. amend the formula. The legislature24
shall annually appropriate funds sufficient to fully fund the current cost to the state25
of such a program as determined by applying the approved formula adopted by the26
legislature in order to insure a minimum foundation of education in all public27
elementary and secondary schools. Neither the The governor nor the legislature may28
shall not reduce such appropriation, except that the governor may reduce such29 HLS 14RS-234 ORIGINAL
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appropriation using means provided in the act containing the appropriation provided1
that any such reduction is consented to in writing by two-thirds of the elected2
members of each house of the legislature. The funds appropriated shall be equitably3
allocated to parish and city school systems according to the formula as adopted by4
the State Board of Elementary and Secondary Education, or its successor, and5
approved by the legislature prior to making the appropriation. Whenever the6
legislature fails to approve adopt the formula most recently adopted proposed by the7
board, state superintendent of education, or its successor, with or without8
amendment, the last formula adopted by the board, or its successor, and approved by9
the legislature shall be used for the determination of the cost of the minimum10
foundation program and for the allocation of funds appropriated.11
* * *12
§15. Members of State Board of Elementary and Secondary Education; beginning13
and end of terms Implementation of Election of State Superintendent;14
Abolition of State Board of Elementary and Secondary Education15
Section 15. In order to effectuate the terms of office as provided in Article16
VIII, Section 3(B), the successors in office to the elected members whose terms end17
in 1980 and 1982 shall be elected for terms which shall end at noon on the second18
Monday in March in 1984, and thereafter the successors in office to those members19
shall be elected and shall take office at the same time as the governor. The successor20
in office to the elected member whose term ends in 1984 shall be elected for a term21
which shall end at noon on the second Monday in March in 1988, and thereafter the22
successor in office to that member shall be elected and shall take office at the same23
time as the governor. The successors in office to the appointed members whose24
terms end in 1980 and 1982 shall be appointed for terms which shall end at noon on25
the second Monday in March in 1984, and thereafter the successors in office to those26
members shall be appointed for terms which shall be concurrent with the term of the27
governor making the appointment. The successor in office to the appointed member28
whose term ends in 1984 shall be appointed for a term which shall end at noon on29 HLS 14RS-234 ORIGINAL
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the second Monday in March in 1988, and thereafter the successors in office to that1
member shall be appointed for terms which shall be concurrent with the term of the2
governor making the appointment. (A)(1) The provisions of this Section shall3
become part of the constitution and shall become effective on January 1, 2015.4
(2) The provisions of Article IV, Section 20, Article VII, Sections 10.1(C)(1)5
and (3) and (D)(2)(introductory paragraph) and 10.8(C)(3)(a) and (c), and Sections6
2, 4, 5(D)(introductory paragraph), 9(B), 10(A), and 13(A) and (B) of this Article7
and the repeal of Article IV, Section 22(A)(2) and Section 3 of this Article, all as8
ratified in 2014, shall become part of this constitution and shall become effective on9
the second Monday in January of 2016.10
(B) There shall be an appointed state superintendent of education until the11
second Monday in January of 2016, when an elected superintendent shall assume the12
office. The state superintendent of education who will take office on the second13
Monday in January of 2016 shall be elected at the time for election of members of14
the legislature in 2015.15
(C) The members of the State Board of Elementary and Secondary Education16
in office on the day this amendment is ratified by the electors of the state or their17
successors shall continue in office through the day before the second Monday in18
January of 2016; however, any vacancy occurring prior to such date shall be filled19
for the remainder of the unexpired term by appointment by the governor, with the20
consent of the Senate. No election for members of the board shall be held at the21
gubernatorial elections of 2015.22
(D) The minimum foundation program formula in effect on the second23
Monday in January of 2016 shall remain in effect until a new formula is adopted24
pursuant to Section 13 of this Article as ratified in 2014.25
Section 4. Be it resolved by the Legislature of Louisiana, two-thirds of the members26
elected to each house concurring, that there shall be submitted to the electors of the state of27
Louisiana, for their approval or rejection in the manner provided by law, a proposal to repeal28
Article IV, Section 22(A)(2) and Article VIII, Section 3 of the Constitution of Louisiana.29 HLS 14RS-234 ORIGINAL
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Section 5. Be it further resolved that this proposed amendment shall be submitted1
to the electors of the state of Louisiana at the statewide election to be held on November 4,2
2014.3
Section 6. Be it further resolved that on the official ballot to be used at said election4
there shall be printed a proposition, upon which the electors of the state shall be permitted5
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall6
read as follows:7
Do you support an amendment to abolish the State Board of Elementary and8
Secondary Education; to transfer the board's powers and responsibilities to9
the state superintendent of education; to provide that the state superintendent10
of education shall be elected by the voters of the state; to authorize the state11
superintendent to develop and propose a minimum foundation program12
formula to the legislature; to provide for legislative amendment and adoption13
of the formula? (Effective on the second Monday in January of 2016, except14
for transitional provisions, which are effective on January 1, 2015.) (Amends15
Article IV, Section 20, Article VII, Sections 10.1(C)(1) and (3) and16
(D)(2)(introductory paragraph) and 10.8(C)(3)(a) and (c), and Article VIII,17
Sections 2, 4, 5(D)(introductory paragraph), 9(B), 10(A), 13(A) and (B), and18
15; Repeals Article IV, Section 22(A)(2) and Article VIII, Section 3)19
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)]
Geymann HB No. 273
Abstract: Abolishes the State Board of Elementary and Secondary Education (BESE),
transfers its functions to the state superintendent of education, requires the statewide
election of the superintendent and removes legislative authority to make this position
appointive, provides for proposal of MFP formula by the superintendent and
adoption of the MFP formula by the legislature, and authorizes the legislature to
amend the MFP formula.
State Board of Elementary and Secondary Education (BESE) - Abolition
Present constitution creates and provides for the State Board of Elementary and Secondary
Education (BESE), composed of eight members elected from single-member districts and HLS 14RS-234 ORIGINAL
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three members appointed by the governor with Senate consent who serve terms concurrent
with the governor. Proposed constitutional amendment abolishes BESE effective at the end
of the current term. Provides that members in office on the day the amendment is ratified
and their successors shall continue in office until then and that any vacancy before then be
filled by the governor.
State Superintendent of Education - Election
Present constitution provides for a superintendent of education for public elementary and
secondary education who shall be elected by the state's electors, but present constitution
authorizes the legislature to provide for the appointment, in lieu of election, of specified
elected officials, including the state superintendent, by a law enacted by a 2/3 vote of the
legislature. Provides that the legislature shall prescribe qualifications and method of
appointment should the office become appointive. Further provides that the legislature, by
a 2/3 vote, may reestablish the office as elective. (Note: Acts 1985, No. 444, which became
effective March 14, 1988, made the office of state superintendent appointive and provided
for BESE's appointment of the superintendent.)
Proposed constitutional amendment removes the office of state superintendent of education
from the list of elected offices that may be made appointive by legislative enactment.
Provides that the office remains an appointive office until the second Mon. in Jan. 2016,
when a superintendent elected in 2015 will take office.
Present constitution provides that the superintendent's qualifications shall be provided by
law. Proposed constitutional amendment provides that the superintendent's qualifications
shall be as provided by present constitution for other statewide elected officials (at least 25
years old, an elector, and citizen of La. and U.S. for at least five years) and that further
qualifications shall be provided by law. (Present law provides that the state superintendent
shall have, at minimum, the same qualifications as those required of parish superintendents.)
BESE Powers & Functions - Transfer to State Superintendent of Education
Present constitution provides for BESE powers and functions, including:
(1)Supervision and control of public elementary and secondary schools and special
schools under its jurisdiction and budgetary responsibility for all funds appropriated
or allocated by the state for those schools, all as provided by law.
(2)Approval of certain private schools.
(3)Coordination of public elementary, secondary, vocational-technical, career, and
higher education programs with the Board of Regents.
(4)Fixing of qualifications and duties of superintendents of parish schools.
(5)Control and supervision of parish and city school board systems.
(6)Prescription of school books and other materials of instruction.
Proposed constitutional amendment transfers these powers and functions to the state
superintendent. Also removes the requirement that the superintendent implement BESE
policies and provides that he shall implement policies of the state Dept. of Education and
laws affecting schools under his jurisdiction.
Minimum Foundation Program (MFP)
Present constitution requires BESE to annually develop and adopt a formula used to
determine the cost of a minimum foundation program (MFP) of education in all public HLS 14RS-234 ORIGINAL
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elementary and secondary schools and to equitably allocate the funds to public school
systems. Proposed constitutional amendment requires the state superintendent to annually
develop the formula and propose it to the legislature.
Present constitution authorizes the legislature, prior to approving the formula, to return it to
BESE and recommend an amended formula. Proposed constitutional amendment authorizes
the legislature to amend the formula prior to adopting it.
Present constitution requires that funds appropriated be allocated according to the formula
as adopted by BESE and approved by the legislature prior to making the appropriation.
Proposed constitutional amendment requires that funds appropriated be allocated according
to the formula as adopted by the legislature.
Present constitution provides that if the legislature fails to approve the formula most recently
adopted by BESE, the last formula adopted by BESE and approved by the legislature shall
be used to determine MFP cost and allocation of funds appropriated. Proposed constitutional
amendment provides that if the legislature fails to adopt the formula proposed by the
superintendent, with or without amendment, the last formula adopted by the legislature shall
be used to determine MFP cost and allocation of funds appropriated.
Education Quality Support Fund and Millennium Trust
Present constitution provides that BESE annually submit to the legislature and governor a
proposed program and budget for the expenditure of the monies in the La. Education Quality
Support Fund. Requires the legislature to appropriate the total amount intended for
elementary and secondary educational purposes to BESE, which shall allocate the monies
to the programs as previously approved by the legislature. Present constitution further
provides for the establishment in the state treasury of a special permanent trust known as the
"Millennium Trust". Authorizes appropriations to certain independent public schools and
alternative schools or programs authorized and approved by BESE. Proposed constitutional
amendment changes these references from BESE to the state superintendent.
Submission to Voters and Effectiveness
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 4, 2014.
Effective on second Mon. in Jan. 2016 except for transitional provisions, which are effective
on Jan. 1, 2015.
(Amends Const. Art. IV, §20, Const. Art. VII, §§10.1(C)(1) and (3) and (D)(2)(intro. para.)
and 10.8(C)(3)(a) and (c), and Const. Art. VIII, §§2, 4, 5(D)(intro. para.), 9(B), 10(A), 13(A)
and (B), and 15; Repeals Const. Art. IV, §22(A)(2) and Const. Art. VIII, §3)