Louisiana. Constitutional Convention (1973).

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

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majority is eligible to serve as a joror. The supreme court
by rule shall provide for the selection of jurors.

Section 39. Grand Jury

Section 39. There shall be a grand jury or grand juries
in each parish whose duties and responsibilities shall be
provided by law and whose qualifications shall be as pro-
vided in Section 38 of this Article. The secrecy of the
proceedings, including the identity of the witnesses appear-
ing, shall be provided for by law.



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[48]



Constitutional Convention of Louisiana of 1973
CC-1001

1 COMMITTEE PROPOSAL No. 7—

2 Introduced by Delegate Aertker, Chairman, on behalf of
g the Committee on Education and Welfare and Delegates
^ Armentor, Carmouche, Corne, Cowen, Flory, Grier, Haynes,
g Hernandez, Landry, Leithman, Lennox, Rachal, Riecke, Rob-
g inson, Segura, Silverberg, Sutherland, Thistlethwaite, Toca
fj and Wisham :

8 A PROPOSAL

9 Making provisions for education and necessary provisions
20 with respect thereto.

11 Be it adopted by the Constitutional Convention of Lou-

12 isiana of 1973:

13 ARTICLE IX. EDUCATION

14 Section I. Educational Goals

15 Section 1. The goal of the public educational system shall

16 be to provide at all stages of human development, learning

17 environments and e.\periences that are humane, just, and

18 designed to promote e.xcellence in order that every individ-

19 ual may be afforded the opportunity to develop to his full

20 potential.

21 Section 2. Public Educational System

22 Section 2. The legislature shall provide for the education

23 of the people of the state and shall establish and maintain

24 a public educational system consisting of all public schools

25 and institutions of learning supported in whole or in part

26 by state funds, the funds of any political subdivision

27 thereof, or both.

28 Section 3. State Board of Elementary and Secondary Ed-

29 ucation

30 Section 3. (A) Creation; function. There is created a body

31 corporate, known as the State Board of Elementary and

32 Secondary Education. The board shall supervise, control,

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CC-1001

C. P. No. 7

1 and have budgetary responsibility for all funds appropriated

9 or allocated by the state for all public elementary and sec-

3 ondary schools and special schools under its jurisdiction, as

4 provided by law. The board shall have such other specific

5 powers, duties, and responsibilities as are provided by law,

6 but shall have no control over the business affairs of par-

7 ish and municipal school boards or the selection or removal

8 of their officers and employees.

9 (B) Membership; terms. The board shall consist of seven

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

11 consent of the Senate, from the state at large, and an addi-

12 tional number of members equal to the number of congres-
18 sional districts into which the state is divided, one of whom

14 shall be elected from each of such districts, as provided by

15 law. All members shall serve overlapping terms of six years,
ig following the initial terms which shall be determined by the

17 governor or the legislature, as the case may be, in a manner

18 as to effectuate this purpo.se.

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

20 to the expiration of the term shall be filled by appoint-

21 ment by the governor for the remainder of the unexpired

22 term. Members shall serve without pay except for such per
28 diem and expenses as shall be fixed by the legislature.

24 Section 4. State Superintendent of Public Elementary and

25 Secondary Education

26 Section 4. (A) Term. There shall be a state superintendent

27 of public education for elementary and secondary education,

28 who shall be elected for a term of four years. He shall be

29 the ex officio secretary of the board and shall serve as its

80 chief executive officer.

81 (B) Qualifications. The state superintendent shall possess

82 the qualifications required of parish school superintendents

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CC-1001

C. p. No. 7

1 aiui such additional qualifications as may be fixed by law.

2 (C) Functions. The powers, duties, responsibilities, and

3 salary of the state superintendent of public education shall

4 be prescribed by law.

5 (D) Vacancy. A vacancy in the office of state superinten-
£ dent of public education for any cause except expiration
7 of the term shall be filled by the governor for the re-
g mainder of the unexpired term.

9 Section 5. Qualifications and Certification of Teachers

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

11 qualifications to be met by teachers and for the certifica-

12 tion of teachers of public elementary and secondary and

13 special schools.

14 Section 6. Approval of Private Schools ; Effect

15 Section 6. The board may approve private schools whose

16 sustained curriculum is of a quality equal to that prescribed

17 for similar public schools. The certificates issued by private

18 schools so approved shall carry the same privileges as

19 those issued by the state public schools.

20 Section 7. Board of Regents

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

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

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

24 sponsibility for all public higher education and shall have

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

26 vided in this Section and by law.

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

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

29 Senate for overlapping terms of six years, following initial

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

31 shall be residents of each of the congressional districts into

32 which the state is divided, and one member shall be from

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CC-1001

C. P. No. 7

1 the state at large.

2 (C) Board members; per diem and expenses. The members

3 of the Board of Regents, Board of Supervisors of Louisi-

4 ana State University and Agricultural and Mechanical Col-

5 lege. Board of Trustees for State Colleges and Universi-

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

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

8 diem and expenses to be paid to them.

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

10 tion of the term shall be filled for the remainder of the un-

11 expired term by appointment by the governor, with the con-

12 sent of the Senate.

13 (E) Powers of the board. (1) The board shall have coordi-

14 nating responsibilities as it relates to the elementary and

15 secondary educational curricula. (2) The board shall have

16 the following powers, duties, and responsibilities with re-

17 spect to all public institutions of higher education and post-
18 secondary vocational-technical training and career educa-

19 tion:

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

21 department of instruction, division, or similar subdivision.

22 (b) To approve, disapprove, or modify any proposed de-

23 gree program, department of instruction, division, or similar

24 subdivision.

25 (c) To study the need for and feasibility of any new in-

26 stitution of post-secondary education, including branches of

27 institutions and conversion of two-year institutions to insti-

28 tutions offering longer courses of study. If the creation of

29 a new institution is proposed, or an additional management

30 board for an institution or group of institutions is proposed,

31 or a proposal is made to transfer an existing institution from

32 one board to another, the board shall report its findings and

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«JC-1001

C. p. No. 7

X recommendations within one year to the legislature. Only

2 after this written report has been filed, or if no report is filed

3 within one year, the legislature may take affirmative ac-

4 tion on such a proposal by vote of two-thirds of the mem-

5 bership of each house.

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

7 plan for higher education and post-secondary vocational-

8 technical training and career education. As a minimum,

9 the plan shall include a formula for the equitable distribu-

10 tion of funds to the institutions of higher education of the

11 state.

12 (e) To require the Board of Supervisors of Louisiana
18 State University and Agricultural and Mechanical College,
14 the Board of Trustees for State Colleges and Universities,
16 and any other board hereafter created pursuant to this

16 Section to submit to it, at times specified by it, their annual

17 budget proposals for the operational and capital needs of

18 each institution under the control of each. The Board of

19 Regents shall submit its recommendations on budgets for

20 all institutions of higher education and post-secondary

21 vocational-technical training and career education in the

22 state. It shall recommend priorities for capital construction
28 and improvements.

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

25 lie institutions of higher education and post-secondary

26 vocational-technical training and career education not spe-

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

28 reserved to the Board of Supervisors of Louisiana State

29 University and Agricultural and Mechanical College and to

30 the Board of Trustees for State Colleges and Universities

31 as to the institutions under the control of each or to any

32 board created pursuant to this Section.

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CC-1001
C. p. No. 7

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

2 versities

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

4 corporate known as the Board of Trustees for State Col-

5 leges and Universities which, subject to the powers vested
g in the Board of Regents by this Article, shall have :

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

g universities except those included under the management

9 of the Board of Supervisors of Louisiana State University

IQ and Agricultural and Mechanical College, and any other

11 board hereafter created pursuant to this Article.

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

13 wise, supervision and management of all public institutions

14 of vocational-technical training and career education at post-
15 secondary levels.

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

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

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

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

20 bers shall be residents of each of the congressional districts

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

22 from the state at large.

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

24 tion of the term shall be filled for the remainder of the un-
26 expired term by appointment by the governor, with the con-

26 sent of the Senate.

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

28 versity and Agricultural and Mechanical College

29 Section 9. (A) Creation; Powers. There is created a body
80 corporate, known as the Board of Supervisors of Louisiana

31 State University and Agricultural and Mechanical College,

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

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CC-1001

C. p. No. 7

1 shall supervise and manage the institutions and statewide j

2 agricultural and other programs administered through the 2

3 Louisiana Stete University and Agricultural and Mechani- 3

4 cal College system. 4

5 (B) Membership; Terms. The members of the board shall 5

6 be appointed by the governor, with the consent of the g

7 Senate, for overlapping terms of six years following initial 7

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

9 shall be residents of each of the congressional districts 9

10 into which the state is divided, and one member shall be ^q

1 1 from the state at large. 11
j^2 (C) Vacancies. A vacancy occurring prior to the expira- 12

13 tion of the term shall be filled for the remainder of the I3

14 unexpired term by appointment by the governor, with the 14

15 consent of the Senate. 15

16 Section 10. Minority Representation 16

17 Section 10. An appropriate number of citizens from the I7

18 predominant minority race of the state shall be included jg

19 on the State Board of Elementary and Secondary Education, I9

20 the Board of Regents, the Board of Supervisors of Louisiana 20

21 State University and Agricultural and Mechanical College, 21

22 the Board of Trustees for State Colleges and Universities, 22

23 and any other board created pursuant to this Article. 23

24 Section 11. Boards; Dual Membership Prohibited 24

25 Section 11. No person shall be eligible to simultaneously 25

26 serve on more than one board created by or pursuant to 26

27 this Article. 27

28 Section 12. Parish School Boards; Parish Superintendents 28

29 Section 12. (A) Parish School Boards. The legislature 29

30 shall create parish school boards and shall provide for the 30

31 election of the members of such boards. 31

32 (B) Parish Superintendents. Each parish board shall elect 32

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CC-1001
C. P. No. 7

a superintendent of parish schools. The State Board of
Elementary and Secondary Education shall fix the qualifi-
cations and prescribe the duties of the parish superinten-
dent, who need not be a resident of the parish in which
he serves.

Section 13. Recognition of Existing Boards and Systems;
Consolidation

Section 13. (A) Recognition of Boards and Systems. Parish
and city school board systems, in existence on the effective
date of this constitution, by virtue of special or local legis-
lative acts or previous constitutional provisions, are hereby
recognized, subject to control by and supervision of the
State Board of Elementary and Secondary Education and
the power of the legislature to enact laws affecting them.

(B) Consolidation. Two or more school systems may be
consolidated under procedures enacted by the legislature,
subject to approval of a majority of the qualified electors
voting in each system affected in an election called for
that purpose.

Section 14. Appropriations; Boards

Section 14. The legislature shall appropriate funds for
the operating and administrative expenses of the boards
created pursuant to this Article.

Section 15. Appropriations; Higher Education

Section 15. Appropriations for the institutions of higher
education and post-secondary vocational-technical training
and career education shall be made to their respective man-
aging boards. The appropriations shall be administered by
the managing boards and used solely for the operations
of the institution for which designated in the appropriations.

Section 16. Funding; Elementary and Secondary Schools;
Apportionment

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C. p. No. 7

1 Section 16. (A) State Funds. State funds for the support

2 of the public schools of elementary and secondary levels

3 shall be derived from the sources and shall be apportioned

4 to the parish and city school boards in the manner here-

5 inafter set forth:

6 First: After dedication of annual amounts required b.v

7 this constitution to be deducted from the first moneys avail-

8 able to the State Severance Tax Fund, and after deduction

9 of not to exceed five hundred thousand dollars per annum

10 to pay for the costs of collecting this tax and administering

11 the laws pertaining to the conservation of the natural re-

12 sources of the state, out of the first moneys comprising the
18 residue then existing in the fund, the legislature shall ap-

14 propriate funds to supply free school books and other mater-

15 ials of instruction prescribed by the State Board of Elemen-

16 tary and Secondary Education. After July first of each year,

17 the state treasurer shall set up a fund for the payment

18 of the amounts set forth in Paragraph (A) of this Section.

19 When sufficient funds have accumulated in ths fund for

20 the payment of the moneys required for the purposes above

21 mentioned including school books and materials of in-

22 struction, then, before the tenth day of each month, the

23 state treasurer shall transfer to a fund in the state treasury

24 designated as the State Public School Fund such balances

25 as have accrued.

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

27 after levied by the legislature and dedicated, appropriated,

28 or otherwise made available to the State Public School

29 Fund or for the support of public schools.

80 Third: Such other funds as the legislature has provided

31 or hereafter provides for the support of public schools.

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

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CC-1001
C. P. No. 7

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

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

3 the State Public School Fund and from the State General

4 Fund sufficient funds to insure a minimum program of

5 education in all public elementary and secondary schools.
g The minimum program of education to be maintained in
7 all parish and city school systems shall be established by
g the State Board of Elementary and Secondary Education.
9 The board shall adopt formulas and procedures for the

10 distribution of these funds to the several school boards.

11 (2) Other state funds. Any other funds provided by the

12 legislature for the support of public schools shall be ap-

13 portioned and distributed in accordance with a formula es-
24 tablished by the State Board of Elementary and Secondary
15 Education, except as otherwise specifically provided for by
15 the law appropriating the funds.

27 (3) Other funds. Any funds for public education from

18 any other source shall be distributed in the manner deter-

19 mined by the State Board of Elementary and Secondary

20 Education, subject, however, to the terms of the laws govern-

21 ing such funds or the lawful stipulations of the source of

22 the funds.

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

24 elementary and secondary public schools shall be derived

25 from the following sources :

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

27 excepted, and no other parochial or municipal authority

28 except as otherwise specifically provided for in this consti-

29 tution, shall levy annually an ad valorem maintenance tax

30 of five mills, or as much thereof as is necessary, on all

31 property subject to such taxation within the parish.

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

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[53]



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C. p. No. 7

I shall not apply to property within a municipality which
9 is exempt from parochial taxation. In lieu of that the govern-
o ing authority of each of these municipalities shall levy a
4 tax annually and shall collect and pay, to the parish school
r board in which such municipality is situated, out of the
g procfceUs oi the general ad valorem tax for municipal pur-
rj poscs, such an amount as shall equal the rate of five mills
o levied hereunder by the parish school board.

Q The provisions of Paragraph (C) First shall not apply
j^g to municipalities which under constitutional or legislative
1]^ authority are actually operating, maintaining, and support-

19 ing a separate city system of public schools. In lieu of such
iQ tax, however, the school board in each such municipality

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

15 assessed valuation of all property within the municipality.
- ; The proceeds thereof shall be used exclusively for the sup-

II port of the public schools.

Ig Third: The Orleans Parish School Board shall levy annual-
29 ly a tax not to exceed thirteen mills on the dollar on the

20 assessed valuation of all property within the city of New

21 Orleans assessed for city taxation and shall certify the

22 fact to the governing authority of the city. The governing

23 authority shall cause said tax to be entered on the tax

24 rolls of the city and collected in the manner and under

25 the conditions and with the interest and penalties prescribed

26 by law for city taxes. The money thus collected shall be

27 paid daily to the Orleans Parish School Board.

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

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

30 or subschool district, or any municipality which supports

31 a separate city system of public schools may levy ad valorem
82 taxes for specific purposes, when authorized by a majority

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CC-1001
C. P. No. 7

1 of the electors voting in the parish, municipality, district,

2 or subdistrict, in an election called for the purpose. The

3 amount, duration, and purpose of such taxes shall be in

4 accord with any limitations imposed by the legislature. No

5 such tax shall be levied for a period longer than ten years,

6 except that any tax levied to pay the costs of bonds or

7 other debts incurred shall be levied and collected until

8 the principal and interest on the bonds or other debts have

9 been paid.

10 Fifth: The legislature may provide for additional sources

11 of local support for elementary and secondary schools.

12 (D) Monroe, Bogalusa; Treatment as Parishes. For the
18 effects and purposes of the provisions of this entire Section,

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

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

16 as, and treated upon the same basis and .shall have the

17 same authority as though they were separate parishes in-

18 stead of municipalities.

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

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

21 the public funds any per capita for children residing with-

22 out the limits of said city and who may attend the schools

23 maintained by the city of Monroe under its legislative

24 charter.

25 Section 17. Tulane University

26 Section 17. The Tulane University of Louisiana, located

27 in New Orleans, is hereby recognized as created and to

28 be developed in accordance with provisions of the Legis-

29 lative Act No. 43 approved July 5, 1884.
30

31
32

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[54]



Reprinted as

Constitutional Convention of Louisiana of 1073
CC-1001

1 COMMITTEE PROPOSAL No. 7—

2 Introduced by Delegate Aertker, Chairman, on behalf of the

3 Committee on Education and Welfare and Delegates Car-

4 mouche, Cowen, Flory, Hernandez, Landry, Segura, Silver-

5 berg, Thistlethwaite, Toca and Wisham:

6 A PROPOSAL

7 Making provisions for education and necessary provisions

8 with respect thereto.

9 Be it adopted by the Constitutional Convention of Louisi-

10 ana of 1973 :

11 ARTICLE IX. EDUCATION

12 Section 1. Educational Goals

18 Section 1. The goal of the public educational system shall

14 be to provide, at all stages of human development, learning

15 environments and experiences that are humane, just, and

16 designed to promote excellence in order that every individual

17 may be afforded the opportunity to develop to his full

18 potential.

19 Section 2. Public Educational System

20 Section 2. The legislature shall provide for the education
SI of the people of the state and shall establish and maintain
12 a public educational system consisting of all public schools
18 and institutions of learning supported in whole or in part
14 by state funds, the funds of any political subdivision there-

16 of, or both.

10 Section 3. State Superintendent of Public Elementary and

17 Secondary Education

18 Section 3. (A) Term. There shall be a state superinten-

19 dent of public education for elementary and secondary ed-

80 ucation, who shall be appointed by the State Board of

81 Elementary and Secondary Education for a term not to

82 exceed four years.

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Engrossed

CC-1001
C. p. No. 7

J (B) Qualifications. The state superintendent shall possess

• the qualifications required of parish school superintendents

g and such additional qualifications as may be fixed by law.

4 (C) Functions. The powers, duties, responsibilities, and

I salary of the state superintendent of public education shall

g be prescribed by law.

ij Section 4. State Board of Elementary and Secondary Edu-

g cation

f Section 4. (A) Creation ; Function. There is created a body

IQ corporate, known as the State Board of Elementary and

11 Secondary Education. The board shall supervise, control,



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 9 of 65)