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§5.  Board of Regents

Section 5.(A)  Creation; Functions.  The Board of Regents is created as a body corporate.  It shall plan, coordinate, and have budgetary responsibility for all public postsecondary education and shall have other powers, duties, and responsibilities provided in this Section or by law.

(B)(1)  Membership; Terms.  The board shall be composed of fifteen members, of whom two members shall be from each congressional district and the remaining member or members shall be from the state at large appointed by the governor, with consent of the Senate, for overlapping terms of six years, following initial terms which shall be fixed by law.  The board should be representative of the state's population by race and gender to ensure diversity.

(2)  No person who has served as a member of the board for more than two and one-half terms in three consecutive terms shall be appointed to the board for the succeeding term.  This Subparagraph shall not apply to any person appointed to the board prior to the effective date of this Subparagraph,1 except that it shall apply to any term of service of any such person that begins after such date.

(C)  Vacancy.  A vacancy occurring prior to the expiration of a term shall be filled for the remainder of the unexpired term by appointment by the governor, with consent of the Senate.

(D)  Powers.  The Board of Regents shall meet with the State Board of Elementary and Secondary Education at least twice a year to coordinate programs of public elementary, secondary, vocational-technical, career, and higher education.  The Board of Regents shall have the following powers, duties, and responsibilities relating to public institutions of postsecondary education:

(1)  To revise or eliminate an existing degree program, department of instruction, division, or similar subdivision.

(2)  To approve, disapprove, or modify a proposed degree program, department of instruction, division, or similar subdivision.

(3)(a)  To study the need for and feasibility of creating a new institution of postsecondary education, which includes establishing a branch of such an institution or converting any non-degree granting institution to an institution which grants degrees or converting any college or university which is limited to offering degrees of a lower rank than baccalaureate to a college or university that offers baccalaureate degrees or merging any institution of postsecondary education into any other institution of postsecondary education, establishing a new management board, and transferring a college or university from one board to another.

(b)  If the creation of a new institution, the merger of any institutions, the addition of another management board, or the transfer of an existing institution of higher education from one board to another is proposed, the Board of Regents shall report its written findings and recommendations to the legislature within one year.  Only after the report has been filed, or after one year from the receipt of a request for a report from the legislature if no report is filed, may the legislature take affirmative action on such a proposal and then only by law enacted by two-thirds of the elected members of each house.

(4)  To formulate and make timely revision of a master plan for postsecondary education.  As a minimum, the plan shall include a formula for equitable distribution of funds to the institutions of postsecondary education.

(5)  To require that every postsecondary education board submit to it, at a time it specifies, an annual budget proposal for operational needs and for capital needs of each institution under the control of each board.  The Board of Regents shall submit its budget recommendations for all institutions of postsecondary education in the state.  It shall recommend priorities for capital construction and improvements.

(E)  Powers Not Vested.  Powers of management over public institutions of postsecondary education not specifically vested by this Section in the Board of Regents are reserved to the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Trustees for State Colleges and Universities, the Board of Supervisors of Community and Technical Colleges, and any other such board created pursuant to this Article, as to the institutions under the control of each.

Acts 1998, 1st Ex. Sess., No. 169, §1, approved Oct. 3, 1998, eff. Dec. 10, 1998; Acts 1998, 1st Ex. Sess., No. 170, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998; Acts 2008, No. 935, §1, approved Nov. 4, 2008, eff. Dec. 8, 2008; Acts 2012, No. 870, §1, approved Nov. 6, 2012, eff. Dec. 10, 2012.

1Dec. 8, 2008.