2022 Regular Session ENROLLED
SENATE BILL NO. 192
BY SENATORS BOUDREAUX, BARROW, BERNARD, BOUIE, CARTER, FIELDS,
FOIL, HARRIS, LUNEAU, MCMATH, FRED MILLS, MIZELL,
PRICE, SMITH, TARVER AND WARD AND REPRESENTATIVES
COUSSAN, FREIBERG, GAINES, GLOVER, JEFFERSON, JENKINS,
JORDAN, LAFLEUR, LARVADAIN, LYONS, NEWELL, PIERRE,
SELDERS, THOMPSON, WHITE AND WILLARD
1 AN ACT
2 To enact R.S. 17:3138.10 and R.S. 36:651(K)(10), relative to postsecondary education for
3 students with intellectual and developmental disabilities; to establish the
4 Postsecondary Inclusive Education Fund as a special fund in the state treasury; to
5 provide for the purposes of the fund; to create and provide for the Postsecondary
6 Inclusive Education Advisory Council; to require annual reports with respect to the
7 fund; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 17:3138.10 is hereby enacted to read as follows:
10 §3138.10. Louisiana Postsecondary Inclusive Education Fund; Postsecondary
11 Inclusive Education Advisory Council
12 A.(1)(a) The Louisiana Postsecondary Inclusive Education Fund,
13 referred to in this Section as the "fund", is hereby created within the state
14 treasury as a special fund for the purpose of funding an approved
15 comprehensive inclusive postsecondary education program at each public
16 postsecondary education institution in the state in order to provide pathways
17 to postsecondary degree, certificate, and apprenticeship programs designed to
18 increase independent living and employment opportunities for students with
19 intellectual and developmental disabilities.
20 (b) An approved inclusive education program, referred to in this Section
21 as an "inclusive program", shall mean a federally approved comprehensive
22 transition and postsecondary program offered at a Louisiana public
ACT No. 682
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1 postsecondary institution.
2 (2) Any money donated to the fund or appropriated to the fund by the
3 legislature shall be deposited in the fund. Monies in the fund shall be invested
4 in the same manner as monies in the general fund. Interest earned on
5 investment of monies in the fund shall be credited to the fund.
6 (3) Monies in the fund shall be appropriated to the Board of Regents for
7 distribution to public postsecondary institutions only for:
8 (a) The creation, operation, and expansion of inclusive programs.
9 (b) Technical assistance in creating or expanding inclusive programs.
10 (c) Dissemination of information on inclusive programs in Louisiana to
11 students with intellectual or developmental disabilities and the parent or
12 guardian of the students.
13 (4) Any funds distributed to an institution that remain unexpended or
14 unobligated at the end of the fiscal year shall remain in the fund and, subject to
15 appropriation, be available for use in the subsequent fiscal year by an
16 institution for the purposes as provided in this Section.
17 (5) Funding shall be distributed by the Board of Regents to a public
18 postsecondary education management board only upon the certification by the
19 board, on behalf of the receiving institution, that the institution has or is
20 creating an inclusive program and that all funds shall be used by the institution
21 for the inclusive program.
22 (6) The fund is in addition to, and separate from, other monies
23 appropriated or allocated to any public postsecondary education management
24 board. Allocations from the fund shall not be included in the Board of Regents'
25 funding formula calculation, nor shall they supplant any state general fund
26 allocations to institutions. The availability of the fund shall not in any way
27 substitute, limit, or otherwise affect the allocation of any funds otherwise
28 available to those institutions under state or federal laws.
29 B.(1) The Postsecondary Inclusive Education Advisory Council, referred
30 to in this Section as the "council", is hereby created under the auspices of the
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1 Board of Regents for the purpose of advising the board with respect to inclusive
2 programs and methods to fund and expand inclusive programs in the state.
3 (2) The council shall assist the Board of Regents in:
4 (a) Identifying existing inclusive programs capable of providing technical
5 assistance to institutions creating or expanding inclusive programs and
6 developing a method to provide grants for such technical assistance.
7 (b) Developing an annual application process for public postsecondary
8 institutions to request funds to create or expand inclusive programs.
9 (c) Reviewing applications and determining the amount of funds to
10 distribute for each inclusive program.
11 (d) Determining a method to distribute information about inclusive
12 programs to students and their families.
13 (3)(a) The council shall be composed of the following members:
14 (i) Two members with expertise in postsecondary educational
15 programming for students with intellectual and developmental disabilities,
16 appointed by the governor.
17 (ii) The commissioner of higher education or his designee.
18 (iii) A director of an inclusive program appointed by the chairman of the
19 Senate Committee on Education.
20 (iv) A director of an inclusive program appointed by the chairman of the
21 House Committee on Education.
22 (v) The president of the Louisiana State University System or his
23 designee.
24 (vi) The president of the Southern University System or his designee.
25 (vii) The president of the University of Louisiana System or his designee.
26 (viii) The president of the Louisiana Community and Technical College
27 System or his designee.
28 (ix) The executive director of the Louisiana Developmental Disabilities
29 Council or his designee.
30 (x) The director of the Louisiana Rehabilitation Services or his designee.
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1 (xi) An alumnus of an inclusive program appointed by the Louisiana
2 Developmental Disabilities Council.
3 (xii) The parent or legal guardian of a student who is enrolled in or who
4 has completed an inclusive program appointed by the Louisiana Developmental
5 Disabilities Council.
6 (xiii) The superintendent of the Special School District or his designee.
7 (b) Any member selecting a designee shall select the designee from his
8 respective system, agency, office, or association who has expertise in transitional
9 postsecondary educational services.
10 (4) A vacancy in the membership of the council shall be filled in the same
11 manner as the original appointment.
12 (5) Members of the council shall elect a chairman, vice chairman, and
13 other officers as they consider necessary.
14 (6) The members of the council shall serve without compensation, except
15 for per diem or reimbursement of expenses to which they may be entitled as
16 members of the constituent organizations.
17 (7)(a) The council shall meet upon the call of the chairman or of a
18 quorum of the members of the council.
19 (b) The chairman shall give at least seven day's notice to the members
20 of the council of the time and place where each meeting will be held.
21 (c) The commissioner of higher education shall, no later than
22 September 1, 2022, convene the first meeting of the council.
23 (8) A majority of the members of the council shall constitute a quorum
24 for the transaction of business.
25 (9) The council shall be domiciled in Baton Rouge but may hold public
26 meetings elsewhere in the state.
27 C.(1) By February first of each year, the Board of Regents, with
28 assistance from the council, shall submit a report to the Senate Committee on
29 Education, the Senate Committee on Finance, the House Committee on
30 Education, and the House Committee on Appropriations.
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1 (2) The report shall include:
2 (a) A detailed accounting of the fund.
3 (b) The following information for each program that received a
4 distribution from the fund:
5 (i) The name of the program.
6 (ii) The name of the institution housing the program.
7 (iii) The amount provided to the program from the fund for the current
8 academic year and in total.
9 (iv) Whether the program is operational or in development. If the
10 program is in development, the date the program will begin offering services to
11 students shall be reported.
12 (v) The student capacity of the program, both in the current academic
13 year and the upcoming academic year.
14 (vi) The actual number of students enrolled in the program.
15 (vii) The number of students, if any, on a waiting list for the program.
16 (viii) A description of the services offered through the program.
17 (ix) The number of students that completed the program, both during
18 the prior academic year and in total.
19 (x) The number and percentage of program completers who are
20 employed.
21 (xi) The number and percentage of program completers who are living
22 independently.
23 (xii) The purpose for which monies from the fund were requested.
24 (c) Details on each technical assistance grant provided from the fund.
25 (d) Recommendations for additional money for the fund, if any.
26 (3) Each public postsecondary education management board shall report
27 to the Board of Regents the information necessary for the Board of Regents to
28 complete the report.
29 (4) The report shall be posted on the Board of Regents' website.
30 Section 2. R.S. 36:651(K)(10) is hereby enacted to read as follows:
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1 §651. Transfer of boards, commissions, departments, and agencies to Department of
2 Education; boards, commissions, and agencies within Department of
3 Education
4 * * *
5 K. The following agencies are placed within the Department of Education
6 and shall perform and exercise their powers, duties, functions, and responsibilities
7 as provided by law:
8 * * *
9 (10) Postsecondary Inclusive Education Advisory Council (R.S.
10 17:3138.10).
11 * * *
12 Section 3. This Act shall become effective upon signature by the governor or, if not
13 signed by the governor, upon expiration of the time for bills to become law without signature
14 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
15 vetoed by the governor and subsequently approved by the legislature, this Act shall become
16 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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