Louisiana. Constitutional Convention (1973).

Records of the Louisiana Constitutional Convention of 1973 (Volume 4) online

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12 and have budgetary responsibility for all funds appropriated
Ig or allocated by the state for all public elementary and

14 secondary schools and special schools under its jurisdiction,

15 as provided by law. The board shall have such other specific
Ifl powers, duties, and responsibilities as are provided by law,

17 but shall have no control over the business affairs of

18 parish and municipal school boards or the selection or re-

19 moval of their officers and employees.

20 (B) Membership; Terms. The board shall consist of three

21 members who shall be appointed by the governor, with the

22 consent of the Senate from the state at large, and eight
28 members who shall be elected from single-member districts
24 to be determined by the legislature. All members shall serve

26 overlapping terms of six years, following the initial terms
28 which shall be determined by the governor or the legislature,

27 as the case may be, in a manner as to effectuate this

28 purpose.

29 (C) Vacancies. Vacancies occurring for any cause prior

80 to the expiration of the term shall be filled by appointment

81 by the governor for the remainder of the unexpired term.
32 Members shall serve without pay except for such per diem

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1 and expenses as shall be fixed by the legislature.

2 Section 5. Qualifications and Certification of Teachers

3 Section 5. The board shall prescribe and provide for the

4 qualifications to be met by teachers and for the certification

5 of teachers of public elementary and secondary and special

6 schools.

7 Section 6. Approval of Private Schools; Effect

8 Section 6. The board shall approve private elementary,

9 secondary, and proprietary schools whose sustained curricu-

10 lum is of a quality equal to that prescribed for similar public

11 schools. The certificates issued by private schools so approved

12 shall carry the same privileges as those issued by the state

13 public schools.

14 Section 7. Board of Regents

15 Section 7. (A) Board of Regents; establishment. There is

16 created a body corporate known as the Board of Regents.

17 The board shall plan, coordinate, and have budgetary re-

18 sponsibility for all public higher education and shall have

19 such other powers, duties, and responsibilities as are pro-

20 vided in this Section and by law.

21 (B) Board membership ; terms. The members of the board

22 shall be appointed by the governor with the consent of the

23 Senate for overlapping terms of six years, following initial

24 terms which shall be fixed by law. Two of the members shall

25 be residents of each of the congressional districts into which

26 the state is divided, and one member shall be from the state

27 at large.

28 (C) Board members; per diem and expenses. The mem-

29 bers of the Board of Regents, Board of Supervisors of

30 Louisiana State University and Agricultural and Mechanical

31 College, Board of Trustees for State Colleges and Universi-

32 ties, and any other board created pursuant to this Article

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1 shall serve without pay, but the legislature may fix the per

2 diem and expenses to be paid to them.

8 (D) Vacancies. A vacancy occurring prior to the expira-

4 tion of the term shall be filled for the remainder of the

5 unexpired term by appointment by the governor, with the

6 consent of the Senate.

7 (E) Powers of the board. (1) The board shall have co-

8 ordinating responsibilities as it relates to the elementary

9 and secondary educational curricula. (2) The board shall

10 have the following powers, duties, and responsibilities with

11 re.=pect to all puDlic ii sl.tutions of higher education and
x2 post-sec, . Jary vocational-technical training and career ed-

13 ucation :

14 (a) To revise or eliminate any existing degree program,

15 department of instruction, division, or similar subdivision.

16 (b) To approve, disapprove, or modify any proposed degree

17 program, department of instruction, division, or similar sub-
13 division.

19 (c) To study the need for and feasibility of any new

20 institution of post-secondary education, including branches

21 of institutions and conversion of two-year institutions to

22 institutions offering longer courses of study. If the creation

23 of a new institution is proposed, or an additional manage-

24 ment board for an institution or group of institutions is

26 proposed, or a proposal is made to transfer an existing
28 institution from one board to another, the board shall re-

27 port its findings and recommendations within one year to the

28 legislature. Only after this written report has been filed, or
28 if no report is filed within one year, the legislature may

80 take affirmative action on such a proposal by vote of two-

81 thirds of the membership of each house.

82 (d) To formulate and make timely revision of a master

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1 plan for higher education and post-secondary vocational-

2 technical training and career education. As a minimum, the

3 plan shall include a formula for the equitable distribution

4 of funds to the institutions of higher education of the state.

5 (e) To require the Board of Supervisors of Louisiana
(( State University and Agricultural and Mechanical College,
7 the Board of Trustees for State Colleges and Universities,
g and any other board hereafter created pursuant to this Sec-
9 tion to submit to it, at times specified by it, their annual

10 budget proposals for the operational and capital needs of

11 each institution under the control of each. The Board of
IS Regents shall submit its recommendations on budgets for
18 all institutions of higher education and post-secondary vo-

14 cational-technical training and career education in the state.

15 It shall recommend priorities for capital construction and
18 improvements.

17 (F) Powers not vested. Powers of management over pub-

18 lie institutions of higher education and post-secondary vo-
10 cational-technical training and career education not spe-

20 cifically vested in the Board of Regents by this Section are

21 reserved to the Board of Supervisors of Louisiana State
2t University and Agricultural and Mechanical College and to
29 the Board of Trustees for State Colleges and Universities
24 as to the institutions under the control of each or to any
26 board created pursuant to this Section.

26 Section 8. Board of Trustees for State Colleges and Uni-

27 versities

28 Section 8. (A) Creation; Powers. There is created a body

29 corporate known as the Board of Trustees for State Colleges

30 and Universities which, subject to the powers vested in the

31 Board of Regents by this Article, shall have :

32 (1) Supervision and management of all state colleges and

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1 universities except those included under the management

2 of the Board of Supervisors of Louisiana State University

3 and Agricultural and Mechanical College, and any other

4 board hereafter created pursuant to this Article.

5 (2) Unless and until the legislature shall provide other-

6 wise, supervision and management of all public institutions

7 of vocational-technical training and career education at

8 post-secondary levels.

9 (B) Board Membership; Terms. The members of the

10 board shall be appointed by the governor, with the consent

11 of the Senate, for overlapping terms of six years following

12 initial terms which shall be fixed by law. Two of the mem-

13 bers shall be residents of each of the congressional districts

14 into which the state is divided, and one member shall be

15 from the state at large.

16 (C) Vacancies. A vacancy occurring prior to the expira-

17 tion of the term shall be filled for the remainder of the

18 unexpired term by appointment by the governor, with the

19 consent of the Senate.

20 Section 9. Board of Supervisors of Louisiana State Uni-

21 ver.sity and Agricultural and Mechanical College

22 Section 9. (A) Creation; Powers. There is created a body

23 corporate, known as the Board of Supervisors of Louisiana

24 State University and Agricultural and Mechanical College,

25 which subject to the powers vested in the Board of Regents,

26 shall supervise and manage the institutions and statewide

27 agricultural and other programs administered through the

28 Louisiana State University and Agricultural and Mechanical

29 College system.

30 (B) Membership; Terms. The members of the board shall

31 be appointed by the governor, with the consent of the Senate,

32 for overlapping terms of six years following initial terms

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1 which shall be fixed by law. Two of the members shall be

2 residents of each of the congressional districts into which

8 the state is divided, and one member shall be from the state

4 at large.

5 (C) Vacancies. A vacancy occurring prior to the expira-

6 tion of the term shall be filled for the remainder of the

7 unexpired term by appointment by the governor, with the
g consent of the Senate.

9 Section 10. Minority Representation

IQ Section 10. An appropriate number of citizens from the

\l predominant minority race of the state shall be included on

12 the State Board of Elementary and Secondary Education,

13 the Board of Regents, the Board of Supervisors of Louisiana

14 State University and Agricultural and Mechanical College,

15 the Board of Trustees for State Colleges and Universities,

16 and any other board created pursuant to this Article.

17 Section 11. Boards ; Dual Membership Prohibited

18 Section 11. No person shall be eligible to simultaneously

19 serve on more than one board created by or pursuant to this

20 Article.

21 Section 12. Parish School Boards; Parish Superintendents

22 Section 12. (A) Parish School Boards. The legislature shall

23 create parish school boards and shall provide for the election

24 of the members of such boards.

25 (B) Parish Superintendents. Each parish board shall elect

26 a superintendent of parish schools. The State Board of

27 Elementary and Secondary Education shall fix the qualifi-

28 cations and prescribe the duties of the parish superintendent,

29 who need not be a resident of the parish in which he serves.

30 Section 13. Recognition of Existing Boards and Systems;

31 Consolidation

32 Section 13. (A) Recognition of Boards and Systems. Parish

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1 and city school board systems, in existence on the effective

2 date of this constitution, by virtue of special or local legis-

3 lative acts or previous constitutional provisions, are hereby

4 recognized, subject to control by and supervision of the

5 State Board of Elementary and Secondary Education and

6 the power of the legislature to enact laws affecting them.

7 (B) Consolidation. Two or more school systems may be

8 consolidated under procedures enacted by the legislature,

9 subject to approval of a majority of the qualified electors

10 voting in each system affected in an election called for that

11 purpose.

12 Section 14. Appropriations ; Boards

13 Section 14. The legislature shall appropriate funds for

14 the operating and administrative expenses of the boards

15 created pursuant to this Article.

16 Section 15. Appropriations ; Higher Education

17 Section 15. Appropriations for the institutions of higher

18 education and post-secondary vocational-technical training

19 and career education shall be made to their respective

20 managing boards. The appropriations shall be administered

21 by the managing boards and used solely for the operations

22 of the institution for which designated in the appropriations.

23 Section 16. Funding; Elementary and Secondary Educa-

24 tion ; Apportionment

25 Section 16. (A) State Funds. State funds for the education

26 of the school children of this state at the elementary and

27 secondary levels shall be derived from the sources and shall

28 be apportioned to the parish and city school boards in the

29 manner hereinafter set forth :

30 First: After dedication of annual amounts required by

31 this constitution to be deducted from the first moneys

32 available to the State Severance Tax Fund, and after de-

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1 duction of not to exceed five hundred thousand dollars per

2 annum to pay for the costs of collecting this tax and ad-
q ministering the laws pertaining to the conservation of the
A natural resources of the state, out of the first moneys com-
5 prising the residue then existing in the fund, the legislature
g shall appropriate funds to supply free school books and
rj other materials of instruction prescribed by the State Board
g of Elementary and Secondary Education to the children of
Q this state at the elementary and secondary levels. After July

2Q first of each year, the state treasurer shall set up a fund for

22^ the payment of the amounts set forth in Paragraph (A) of

22 this Section. When sufficient funds have accumulated in the

J3 fund for the payment of the moneys required for the pur-

24 poses above mentioned including school books and materials

25 of instruction, then, before the tenth day of each month, the
2g state treasurer shall transfer to a fund in the state treasury

27 designated as the State Elementary and Secondary Educa-

28 tion Fund such balances as have accrued.

29 Second: The proceeds of particular taxes now or here-

20 after levied by the legislature and dedicated, appropriated,

21 or otherwise made available to the State Elementary and

22 Secondary Education Fund or for the support of public
28 schools.

24 Third: Such other funds as the legislature has provided

25 or hereafter provides for the education of the school children

26 of Louisiana.

27 (B) Allocation of Funds. The funds specified in Para-

28 graph (A) hereof shall be apportioned as follows :

29 (1) Minimum program. There shall be appropriated from

30 the State Public School Fund and from the State General
81 Fund sufficient funds to insure a minimum program of
32 education in all public elementary and secondary schools.

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1 The minimum program of education to be maintained in all

2 parish and city school systems shall be established by the
I State Board of Elementary and Secondary Education. The

4 board shall adopt formulas and procedures for the distribu-
¬І tion of these funds to the several school boards.

5 (2) Other state funds. Any other funds provided by the
7 legislature for the support of public schools shall be ap-
g portioned and distributed in accordance with a formula es-
9 tablished by the State Board of Elementary and Secondary

10 Education, except as otherwise specifically provided for by

11 the law appropriating the funds.

12 (3) Other Funds. Any funds for the education of the
Ig school children of Louisiana from any other source shall be

14 distributed in the manner determined by the State Board of

15 Elementary and Secondary Education, subject, however, to
Ig the terms of the laws governing such funds or the lawful

17 stipulations of the source of the funds.

18 (C) Local Funds. The local funds for the support of

19 elementary and secondary public schools shall be derived

20 from the following sources :

21 First: Each parish school board, the parish of Orleans

22 excepted, and no other parochial or municipal authority ex-
28 cept as otherwise specifically provided for in this consti-
24 tution, shall levy annually an ad valorem maintenance tax

26 of five mills, or as much thereof as is necessary, on all prop-
20 erty subject to such taxation within the parish.

27 Second: The provisions of Paragraph (C) First above

28 shall not apply to property within a municipality which is

29 exempt from parochial taxation. In lieu of that the govern-

80 ing authority of each of these municipalities shall levy a tax

81 annually and shall collect and pay, to the parish school
32 board in which such municipality is situated, out of the

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1 proceeds of the general ad valorem tax for municipal

2 purposes, such an amount as shall equal the rate of five
o mills levied hereunder by the parish school board.

A The provisions of Paragraph (C) First shall not apply to

c municipalities which under constitutional or legislative

(? authority are actually operating, maintaining, and support-

17 ing a separate city system of public schools. In lieu of such

Q tax, however, the school board in each such municipality

Q shall levy an annual tax of five mills on the dollar on the

jQ assessed valuation of all property within the municipality.

11 The proceeds thereof shall be used exclusively for the support

1 2 of the public schools.

1 Q Third : The Orleans Parish School Board shall levy annual-

14 ly a tax not to exceed thirteen mills on the dollar on the

ig assessed valuation of all property within the city of New

ic Orleans assessed for city taxation and shall certify the fact

jY to the governing authority of the city. The governing author-

jg ity shall cause said tax to be entered on the tax rolls of the

jg city and collected in the manner and under the conditions

20 aid with the interest and penalties prescribed by law for

21 city taxes. The money thus collected shall be paid daily to

22 the Orleans Parish School Board.

23 Fourth: For giving additional support to the public ele-

24 mentary and secondary schools, any parish, school district,

25 or subschool district, or any municipality which supports a

26 separate city system of public schools may levy ad valorem

27 taxes for specific purposes, when authorized by a majority

28 of the electors voting in the parish, municipality, district, or

29 subdistrict, in an election called for the purpose. The amount,

30 duration, and purpose of such taxes shall be in accord with

31 any limitations imposed by the legislature. No such tax shall

32 be levied for a period longer than ten years, except that any

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1 tax levied to pay the costs of bonds or other debts incurred

2 shall be levied and collected until the principal and interest
8 on the bonds or other debts have been paid.

4 Fifth: The legislature may provide for additional sources

5 of local support for elementary and secondary schools.

6 (D) Monroe, Bogalusa; Treatment as Parishes. For the

7 effects and purposes of the provisions of this entire Section,

8 the municipalities of Monroe, in Ouachita Parish, and Bog-

9 alusa in Washington Parish, and no other, shall be regarded

10 as, and treated upon the same basis and shall have the same

11 authority as though they were separate parishes instead of
18 municipalities.

18 (E) Ouachita Parish. The school board of Ouachita Parish

14 shall not be required to pay to the city of Monroe out of the

16 public funds any per capita for children residing without the
18 limits of said city and who may attend the schools main-

17 tained by the city of Monroe under its legislative charter.

18 Section 17. Tulane University

19 Section 17. The Tulane University of Louisiana, located

20 in New Orleans, is hereby recognized as created and to be

21 developed in accordance with provisions of the Legislative

22 Act No. 43 approved July 5, 1884.
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funs': I tut i (Ilia I CenvLnlioti of Louisiana of 1973

coMMmni. PKoi'dSAL i;irini;i< 7

Introduced by Delegate Acrtkc-r, Oialrnan, on behalf of the
Committee on Education and V.'clfare and Delegates
Carmouchc , Cowen, Flory, Hernandez, Landry, Sepura,
Silverberp, This tic thwaitc , Toca, and Wiaham

A PROPOSAL

Making provisions for education and necessary provisions with

respect thereto.
Be it adopted by the Constitutional Convention of Louisiana

of 1973:

ARTICLE IX. EDUCATION
Preamble

The goal of the public educational system shall
be to provide, at all stages of human development, learning en-
vironments and experiences that are humane, just, and designed
to promote excellence in order that every individual may be
afforded an equal opportunity to develop to his full potential.

Section 2. Public Educational System

Section 2. The legislature shall provide for the educa-
tion of the people of the state and shall establish and main-
tain a public educational system.

Section 3. State Superintendent of Public Elementary
and Secondary Education

Section 3. (A) Term. Subject to the provisions for
appoinLncnt , in lieu of election, as set forth in Article IV,
Section 23, there shall bo a state superintendent of public
education for elementary nnd secondary educ.itlon, vjho shall
be clectL'J for a tern of four yenrs. The (lowers, functions,
duties, respoiisllii 1 U Ics , and dual 1 fl c.Tt Ions of the siiperl ntcn-



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dent shall be fixed by law. In addition, he shall he

the adnilnlstr.Ttlvc he. id of the Department of I'.ducatlon

for the iinplcmcnlalloii of the policies of the State

Board of F.lcmentary and Secondary Education and the laws

affecting the schools under its jurisdiction.

Section 4. State Hoard of Elementary and Secondary
Education.

Section 4. (A) Creation; Function. There is created
a body corporate, known as the State Board of Elementary
and Secondary Education. The board shall supervise, control,
and have budgetary respoasibillty for all funds appropriated
or allocated by the state for all public elementary and
secondary schools and special schools under its jurisdiction,
as provided by law. In the event the office of State Super-
intendent of Public Elementary and Secondary Education is made
appointive, such appointment shall be made by the State Board
of Elementary and Secondary Education. The board shall have
such other specific powers, duties, and responsibilities as
are provided by this constitution or by law, but shall have
no control over the business affairs of parish and municipal
school boards or the selection or removal of their officers
and employees.

(B) Membership; Terms. The board shall consist of three
members who shall be appointed by the governor, with the
consent of the Senate from the state at large, and eight
members who shall be elected from single-member districts to
be determined by the legislature. All members shall serve
overlapping terms of six years, following the initial terms
which shall be fixed by law.

(C) Vacancies. Vacancies occurring for any cause prior
to the expiration of the term shall be filled by appointment
by the governor; however, if at the time the vacancy occurs
the unexpired portion of the term rf any elected member is
more tl.an one year, the vacancy sl.ali be filled by election
as provided bv law. Members sli.il 1 serve without pay except



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for sucli per diem and expenses nr. sliall be fixed liy lIic

lcp.isl.it urc .

Section 6. Approval of I'rlvatc Schools; l-ffect
Section 6. Tlie board shall, upon application, approve
private elementary, secondary, and proprietary schools whose
sustained curriculum or specialized course of study Is of a
quality equal to or better than tliat prescribed for similar
public schools. The certificates issued by private schools so
approved shall carry the same privileges as those issued by tlie
state public schools.

Section 7. Board of Regents

Section 7. (A) Board of Regents; establishment. There
is created a body corporate knou-n as the Board of Regents.
The board shall plan, coordinate, and have budgetary re-
sponsibility for all public higher education and shall have
such other powers, duties, and responsibilities as are pro-
vided in this Section and by law.

(B) Board membership; terms. The board shall consist

of fifteen electors appointed by the governor, with the consent
of the Senate, for overlapping terms of six years, following
initial terms which shall be fixed by law. There shall be at
least one member, and no more than two members, appointed
from each of the several congressional districts.



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 10 of 65)