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Regular Session, 2014
HOUSE BILL NO. 980
BY REPRESENTATIVE NANCY LANDRY
SCHOOLS: Provides for the structure and organization of governance of the school system
in Lafayette Parish, including a commission to propose a plan therefor and for voter
approval
AN ACT1
To enact R.S. 17:62.1, relative to the governance of the public school system in Lafayette2
Parish; to provide for a commission to propose a plan or alternate plans for the3
structure and organization of governance of the public school system in the parish,4
upon petition of ten thousand electors of the parish and approval by a resolution by5
the Lafayette City-Parish Council, or by a majority of the mayors of municipalities6
in Lafayette Parish, or by the Lafayette City-Parish president; to provide for the7
powers and duties of the commission; to provide for the plan to become effective8
subject to approval of the electors of the parish; to provide for reappointment and9
reconvening of the commission; and to provide for related matters.10
Notice of intention to introduce this Act has been published11
as provided by Article III, Section 13 of the Constitution of12
Louisiana.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 17:62.1 is hereby enacted to read as follows:15
ยง62.1. Lafayette Parish school system governance; commission to propose plan;16
voter approval17
A. The electors of Lafayette Parish may provide for the structure and18
organization of the governance of the parish school system as provided in this19
Section.20
B.(1) The Lafayette Parish School System Governance Commission is21
created; however, the commission membership shall be appointed and the22 HLS 14RS-686 ORIGINAL
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commission shall exercise its powers and perform its duties and responsibilities only1
if ten thousand electors of Lafayette Parish request the appointment of the2
commission by petition as provided in this Subsection and appointment of the3
commission is approved in accordance with one of the following Subparagraphs:4
(a) A majority of the Lafayette City-Parish Council adopt a resolution5
requesting the appointment of the commission. Upon its adoption, the Lafayette6
City-Parish Council shall transmit a copy of the resolution to the secretary of state.7
(b) At least three of the mayors of municipalities in Lafayette Parish,8
including the mayors of the cities of Broussard, Carencro, Scott, and Youngsville9
and the town of Duson, sign a statement requesting the appointment of the10
commission. If at least three of the mayors of municipalities in Lafayette Parish sign11
a statement requesting the appointment of the commission, they shall transmit a copy12
of the signed statement to the secretary of state.13
(c) The Lafayette City-Parish president signs a statement requesting the14
appointment of the commission. If the Lafayette City-Parish president signs a15
statement requesting the appointment of the commission, he shall transmit a copy of16
the signed statement to the secretary of state.17
(2) In order to comply with the requirements of Paragraph (1) of this18
Subsection, a petition shall be prepared in accordance with R.S. 18:3 and shall also19
contain the following:20
(a) A statement of the powers and duties of the commission as provided in21
this Section.22
(b) A summary of provisions for the membership of the commission as23
provided in this Section.24
(c) The names of two or more chairpersons for the petition who shall serve25
as agents for the petitioners in all legal matters, including the receipt of notices.26
Notice will be sufficient if served on any one of the chairpersons.27
(3) All electors of Lafayette Parish shall be eligible to sign the petition.28 HLS 14RS-686 ORIGINAL
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(4) The signatures of electors must reasonably correspond with their1
signatures on file in the office of the registrar of voters.2
(5) More than one copy of the petition may be circulated and signatures of3
electors on any copy of the petition shall be counted as part of the required ten4
thousand signatures.5
(6) Any elector may withdraw his name from the petition by filing a signed6
statement of withdrawal with the registrar of voters at any time before the registrar7
of voters certifies that ten thousand electors of the parish have signed the petition.8
(7) When the proponents of the petition for commission appointment believe9
they have the required ten thousand signatures, they shall file the petition with the10
registrar of voters for the parish. The registrar of voters shall determine if ten11
thousand or more of the electors of Lafayette Parish have signed the petition. If the12
registrar of voters determines that less than ten thousand electors of the parish have13
signed the petition, he shall notify the petition chairpersons, and the proponents of14
the appointment of the commission shall have an additional sixty days within which15
they can obtain additional signatures on the petition to meet the requirement of ten16
thousand signatures. If they fail to obtain the required number of signatures within17
sixty days, the commission shall not be appointed and shall not exercise its powers18
and perform its duties and responsibilities as provided in this Section.19
(8) If the registrar of voters determines that the required ten thousand20
electors of the parish have signed the petition, upon the initial presentation or upon21
the expiration of the sixty-day period for obtaining additional signatures, the registrar22
of voters shall issue a certificate stating that ten thousand or more of the electors of23
the parish have signed the petition. The registrar of voters shall forward this24
certificate to secretary of state.25
(9) Upon receipt of the registrar of voters' certificate and the required26
documentation of at least one of the requests for appointment of the commission as27
provided in Subparagraphs(1)(a), (b), or (c) of this Subsection, the secretary of state28
shall transmit a copy of the registrar of voters' certificate and such documentation of29 HLS 14RS-686 ORIGINAL
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a request or requests for appointment of the commission pursuant to1
Subparagraphs(1)(a), (b), or (c) of this Subsection to each member of the2
commission designated in Subparagraphs (C)(1)(d) and (e) of this Section and to3
each appointing authority of other members as provided in Subsection C of this4
Section, together with a copy of this Section.5
C.(1) If the requirements of Subsection B of this Section are met and the6
commission is to be appointed, the commission shall be comprised of the following7
members, each of whom shall be a resident and a qualified voter of Lafayette Parish:8
(a) Three members appointed by the Lafayette City-Parish president, two of9
whom shall reside within the city of Lafayette and one of whom shall reside outside10
of the city of Lafayette.11
(b) One member appointed by the Lafayette City-Parish Council.12
(c) One member appointed jointly by a majority of the mayors of the cities13
of Broussard, Carencro, Scott, and Youngsville and the town of Duson.14
(d) The president of the University of Louisiana at Lafayette, or his designee.15
(e) The chancellor of South Louisiana Community College, or his designee.16
(f) One member, who shall be a parent whose child or children are attending17
or have attended public school in Lafayette Parish within the preceding five years,18
appointed jointly by a majority of the members of the House of Representatives of19
the Legislature of Louisiana who represent House Districts 31, 39, 43, 44, and 45.20
(g) One member, who shall be a parent whose child or children are attending21
or have attended public school in Lafayette Parish within the preceding five years,22
appointed jointly by the members of the Senate of the Legislature of Louisiana who23
represent Senate Districts 23 and 24.24
(h) One member appointed by the Greater Lafayette Chamber of Commerce.25
(i) One member appointed by the Greater Southwest Louisiana Black26
Chamber of Commerce of Lafayette.27 HLS 14RS-686 ORIGINAL
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(j) One member, who shall be a current or former public school teacher,1
principal, or vice principal of a Lafayette Parish school, appointed jointly by the2
Lafayette Parish Association of Educators and the Louisiana Federation of Teachers.3
(k) One member, who shall be a current or former public school teacher,4
principal, or vice principal of a Lafayette Parish school, appointed jointly by the5
Lafayette Education Foundation and the Lafayette Chapter of A+PEL (Associated6
Professional Educators of Louisiana).7
(2) The secretary of state shall facilitate and coordinate the appointment of8
commission members as provided in this Section.9
(3) In the event that any member of the commission is not appointed within10
thirty days after the secretary of state sends the appointing authorities a copy of this11
Section as required by Subsection B of this Section, the Lafayette City-Parish12
president shall, within thirty days thereafter, make any initial appointments not filled13
by the appointing authorities designated in Paragraph (1) of this Subsection in14
accordance with the provisions of this Subsection. The secretary of state shall notify15
any appointing authority that failed to make an appointment of any appointment16
made by the Lafayette City-Parish president pursuant to this Paragraph.17
(4) Any vacancy in the membership of the commission shall be filled within18
thirty days of such vacancy by appointment in the manner provided for the19
appointment of the member whose position becomes vacant.20
D. The commission shall convene for its initial meeting upon call of the21
secretary of state, such meeting to be held within ninety days after the secretary of22
state sends the appointing authorities a copy of this Section as required by23
Subsection B of this Section. Commission members shall serve without24
compensation. The commission shall elect a chairman and such other officers as it25
deems necessary from the membership of the commission by majority vote of its26
total membership.27
E. The commission shall adopt rules to govern its own procedure. Such rules28
shall provide for public hearings and other means to receive comments and29 HLS 14RS-686 ORIGINAL
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suggestions from the citizens of the parish. Unless a quorum is present, the1
commission shall not take any binding or final action on any item. A quorum shall2
be defined as a majority of the total membership of the commission. The approval3
of a majority of the members present and voting, a quorum being present, shall be4
required for commission action; however, the approval of a majority of the total5
membership shall be required for the commission to take official action to adopt a6
plan or alternative plans for the structure and organization of the governance of the7
parish school system for submission to the electors of the parish.8
F. The commission may receive and expend funds for commission purposes9
and shall maintain records of funds received and expenditures in commission10
records. All proposed expenditures shall have prior approval of the commission or11
the commission may delegate such authority to an executive committee or other12
committee of the commission.13
G. The commission shall have authority to employ such experts, employees,14
and consultants as it may deem necessary to assist the commission in the discharge15
of its responsibilities to the extent that funds are made available.16
H.(1) It is the intention of the legislature that the electors of Lafayette Parish17
shall have wide latitude, subject to the provisions of Article VIII, Section 9(C) of the18
Constitution of Louisiana, in adopting a plan for the structure and organization of19
governance for the parish school system to serve the needs of the parish community.20
To that end, the commission may propose either a single plan or alternative plans for21
the structure and organization of the governance of the parish school system which22
alternative plans may consist alternative entire plans, alternative provisions for any23
plan, or a combination of these.24
(2)(a) As authorized by Article VIII, Section 9(C) of the Constitution of25
Louisiana, the plan or alternative plans for the structure and organization of school26
system governance may provide for:27 HLS 14RS-686 ORIGINAL
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(i) Composition and selection of a school board or it may provide otherwise1
for a school system governing authority and for the structure and organization of2
system governance.3
(ii) The management and administration of the school system, including such4
provisions as may be required to implement the plan of governance.5
(iii) School system administrators; however, the chief executive officer or6
chief administrative officer shall be subject to provisions of law relative to7
superintendents of schools.8
(iv) Extension of terms of members of the parish school board and for9
election or other selection of a school system governing authority or administrators.10
(v) Distribution of federal, state, and local education funds.11
(b) The plan or plans may include other provisions deemed necessary or12
appropriate by the commission.13
I. The commission shall prepare a plan or alternative plans for the structure14
and organization of governance of the parish school system. When completed the15
commission shall file such plan or alternative plans with the secretary of state and16
the governor and shall submit copies thereof to the Lafayette Parish School Board17
and the Lafayette City-Parish Council. The commission shall file such plan or18
alternative plans no later than two years after the commission meets for the first time.19
J.(1) The plan or alternative plans proposed by the commission shall be20
submitted to the electors of Lafayette Parish at a special election that shall be called21
and held on a date provided in the Louisiana Election Code and as provided in such22
code. The commission shall include in the proposed plan or plans provisions for23
placement of a proposition or propositions on the ballot for approval or rejection by24
the electors. If the commission provides for submission of two or more alternative25
entire plans, it shall structure the ballot to allow the voter to select one of the26
alternative entire plans or to reject all of such plans. The election shall be called by27
the governor not later than thirty days after the date the plan or alternative plans are28
filed with him by the commission. The election on the proposition or propositions29 HLS 14RS-686 ORIGINAL
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shall be held within six months from the date of such filing. The commission shall1
provide for informing the public about the provisions of the commission proposals.2
Within ten days after the governor calls the election, the secretary of state shall cause3
a full text of the plan or alternative plans of government to be printed and published4
as a paid political advertisement in the official journal of Lafayette Parish. The cost5
of such election and the cost of the required advertisement shall be paid as election6
expenses apportioned as provided in the Louisiana Election Code and expenses7
attributable to the propositions placed on the ballot as provided in this Section shall8
be paid from funds available to the commission.9
(2) If a majority of the votes cast on the respective proposition or10
propositions at such election are in favor of the plan proposed by the commission or11
are in favor of an alternative plan or alternative provisions so proposed, a certified12
copy of the plan as approved, including any alternative provisions approved, shall13
be filed with the secretary of state, and it shall become effective at such time or times14
as may be provided in the plan as finally approved.15
(3) Any elections required by the plan as approved shall be held as provided16
in the plan and in accordance with the Louisiana Election Code.17
K. This Section shall constitute standing authority for the electors of18
Lafayette Parish to provide for the structure and organization of the governance of19
the parish school system. Subject to the provisions of Subsection B of this Section,20
a new petition may be circulated, new commission members may be appointed, and21
the commission may be reconvened and exercise the powers and duties provided in22
this Section to propose a plan or plans, including alternative provisions, for the23
structure and organization of the governance of the parish school system as provided24
in this Section.25
Section 2. This Act shall take effect and become operative if and when the proposed26
amendment of Article VIII of the Constitution of Louisiana contained in the Act which27
originated as House Bill No. 593 of this 2014 Regular Session of the Legislature is adopted28
at a statewide election and becomes effective. No petition shall be submitted to the registrar29 HLS 14RS-686 ORIGINAL
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of voters within three years after a commission is appointed nor within one year after a1
petition has been submitted to the registrar of voters and the registrar finds that the2
petitioners have failed to obtain the required signatures.3
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)]
Nancy Landry HB No. 980
Abstract: Provides for a commission to propose a plan(s) for the structure and organization
of governance of the public school system in Lafayette Parish, upon petition of
10,000 electors of the parish and approval of specified public officials and provides
for the plan to become effective subject to voter approval.
Proposed law creates the Lafayette Parish School System Governance Commission to
propose a plan(s) for the structure and organization of governance of the public school
system in Lafayette Parish, but provides that the commission will be appointed and exercise
its powers and duties only upon petition of 10,000 electors of the parish and approval by one
of the following:
(1)A majority of the Lafayette City-Parish Council.
(2)At least three of the mayors of municipalities in Lafayette Parish, including
Broussard, Carencro, Scott, Youngsville, and Duson.
(3)The Lafayette City-Parish president.
Proposed law provides for the petition, including provisions for contents, eligibility of all
parish electors to sign, circulation of multiple copies, withdrawal of a signature before the
registrar of voters certifies that 10,000 electors have signed the petition, certification of
signatures by the registrar, an additional 60 days to obtain signatures if less than 10,000
electors have signed after petitioners request the registrar to certify the petition, and
submission by the registrar to the secretary of state of a certificate that 10,000 electors have
signed.
Proposed law requires the secretary of state, upon receipt of the registrar of voters' certificate
and documentation of approval of a majority of the city-parish council, or at least three
mayors of municipalities in the parish, or the city-parish president, to transmit a copy of the
registrar of voters' certificate and such documentation and a copy of proposed law to
members of the commission designated by proposed law and to appointing authorities of
other members to be appointed as provided by proposed law.
Proposed law provides for commission members as follows, all of whom must be residents
and qualified voters of Lafayette Parish:
(1)Three members appointed by the Lafayette City-Parish president, two of whom shall
reside within the city of Lafayette and one of whom shall reside outside of the city
of Lafayette.
(2)One member appointed by the Lafayette City-Parish Council. HLS 14RS-686 ORIGINAL
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(3)One member appointed jointly by a majority of the mayors of the cities of Broussard,
Carencro, Scott, and Youngsville and the town of Duson.
(4)The president of the University of Louisiana at Lafayette, or his designee.
(5)The chancellor of South Louisiana Community College, or his designee.
(6)One member, who shall be a parent whose child or children are attending or have
attended public school in Lafayette Parish within the preceding five years, appointed
jointly by a majority of the members of the House of Representatives of the
Legislature of Louisiana who represent House Districts 31, 39, 43, 44, and 45.
(7)One member, who shall be a parent whose child or children are attending or have
attended public school in Lafayette Parish within the preceding five years, appointed
jointly by the members of the Senate of the Legislature of Louisiana who represent
Senate Districts 23 and 24.
(8)One member appointed by the Greater Lafayette Chamber of Commerce.
(9)One member appointed by the Greater Southwest Louisiana Black Chamber of
Commerce of Lafayette.
(10)One member, who shall be a current or former public school teacher, principal, or
vice principal of a Lafayette Parish school, appointed jointly by the Lafayette Parish
Association of Educators and the Louisiana Federation of Teachers.
(11)One member, who shall be a current or former public school teacher, principal, or
vice principal of a Lafayette Parish school, appointed jointly by the Lafayette
Education Foundation and the Lafayette Chapter of A+PEL (Associated Professional
Educators of Louisiana).
Proposed law requires the secretary of state to facilitate and coordinate the members'
appointments. Provides that if a member is not appointed within 30 days after the secretary
of state sends the appointing authorities a copy of proposed law, the Lafayette City-Parish
president shall within 30 day make such appointments and requires the secretary of state to
notify any appointing authority that failed to make an appointment of the appointment by
the Lafayette City-Parish president.
Proposed law provides for the secretary of state to call the first meeting of the commission.
Provides that commission members shall serve without compensation. Provides for
commission officers and rules. Requires that the rules provide for public hearings and other
means to receive comments and suggestions from parish citizens. Prohibits binding action
unless a quorum is present. Requires approval of a majority of the members present and
voting, a quorum being present, for commission action, but requires approval of a majority
of the total membership for the commission to adopt a plan or alternative plans for the
structure and organization of school system governance to submit to the voters.
Proposed law authorizes the commission to receive and expend fund for commission
purposes. Requires maintenance of records of funds received and expenditures in
commission records. Requires prior approval of the commission of proposed expenditures,
but authorizes the commission to delegate such authority to an executive committee or other
committee of the commission. Authorizes the commission to employ experts, employees,
and consultants to the extent that funds are made available.
Proposed law specifies legislative intent that the electors of Lafayette Parish shall have wide
latitude, subject to Const. Art. VIII, Sec. 9(C) (see HB No. 593), in adopting a plan for the
structure and organization of governance for the parish school system to serve the needs of
the parish community. Authorizes the commission to propose either a single plan or HLS 14RS-686 ORIGINAL
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alternative plans. Specifies that alternative plans may consist alternative entire plans,
alternative provisions for any plan, or a combination of these. Provides that the plan(s) may
provide for:
(1)Composition and selection of a school board or provide otherwise for a school
system governing authority and for the structure and organization of system
governance.
(2)Management and administration of the school system, including such provisions as
may be required to implement the plan of governance.
(3)School system administrators; however, specifies that the chief executive officer or
chief administrative officer shall be subject to provisions of law relative to
superintendents of schools.
(4)Extension of terms of members of the parish school board and election or other
selection of a school system governing authority or administrators.
(5)Distribution of federal, state, and local education funds.
(6)Other provisions deemed necessary or appropriate by the commission.
Proposed law provides that the commission file the completed plan(s) with the secretary of
state and the governor and submit copies to the Lafayette Parish School Board and the
Lafayette City-Parish Council. Requires filing of plan(s) within two years after the
commission's first meeting.
Proposed law provides for submission of the plan(s) to the Lafayette Parish voters at a
special election held on a date and in accordance with the La. Election Code. Requires the
commission to include in the plan provisions for placement of a proposition(s) on the ballot.
Requires, if the commission submits two or more alternative entire plans, that the ballot
structure allow the voter to select one of the alternative entire plans or to reject all of such
plans. Provides for the governor to call the election not later than 30 days after the
commission files the plan with him and requires that the election be held within six months
from the date of such filing. Requires the commission to provide for informing the public
about the commission proposals. Requires publication of the text of the plan(s) in the parish
journal. Provides for costs of publication and costs of the election to be paid as election
expenses with expenses attributable to the ballot propositions to be paid from funds available
to the commission.
Proposed law provides that if a majority of the votes cast on the respective proposition(s) are
in favor of the plan or an alternative plan or alternative provisions, a certified copy of the
plan as approved, including any alternative provisions approved, shall be filed with the
secretary of state, and it shall become effective at such time or times as may be provided in
the plan as finally approved. Provides that any elections required by the plan as approved
shall be held as provided in the plan and in accordance with the La. Election Code.
Proposed law provides that it constitutes standing authority for the electors of Lafayette
Parish to provide for the structure and organization of the governance of the parish school
system, and that subject to the procedures in proposed law a new petition may be circulated,
new commission members may be appointed, and the commission may be reconvened to
propose a plan(s) for the structure and organization of the governance of the parish school
system. Provides that no petition shall be submitted to the registrar of voters within three
years after a commission is appointed nor within one year after a petition has been submitted
to the registrar of voters and he finds that the required signatures have not been obtained. HLS 14RS-686 ORIGINAL
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Effective if and when the proposed amendment of Article VIII of the Constitution of La.
contained in the Act which originated as House Bill No. 593 of this 2014 R.S. of the
Legislature is adopted at a statewide election and becomes effective.
(Adds R.S. 17:62.1)