§7. Duties, functions, and responsibilities of board
In addition to the authorities granted by R.S. 17:6 and any powers, duties, and
responsibilities vested by any other applicable laws, the board shall:
(1) Pay the per diem and expenses of the board and its members and the salaries and
expenses, including but not necessarily restricted to facilities, equipment, and supplies, of
its staff out of funds appropriated or otherwise made available for the operating and
administrative expenses of the board.
(2)(a) Adopt a minimum foundation program and adopt a formula for the equitable
allocation of minimum foundation funds to parish and city school systems. In adopting such
program and formula, funding shall be at the pupil-teacher ratio of twenty students to one
classroom teacher for kindergarten through grade three and twenty-five students to one
classroom teacher for grades four through six, or as provided for in the general appropriation
bill with the ultimate goal of twenty students to one classroom teacher for kindergarten
through grade three and twenty-five students to one classroom teacher for grades four
through six. However, if less than the total amount of funds necessary to implement the
pupil-teacher ratios provided herein is appropriated in the general appropriation bill, the
money appropriated on the basis of the regular education portion of the minimum foundation
formula shall be applied first to meeting the ratios established for classroom teachers for
kindergarten and then for classroom teachers to meet the ratios for each succeeding grade.
Any additional classroom teaching positions generated in meeting the ratio requirements
shall not be used in computing authorized administrative position allotments. The board
shall adopt such program and formula for each ensuing fiscal year in a timely manner so that
the program and formula may be submitted to the Joint Legislative Committee on the Budget
in accordance with R.S. 17:22(2)(d).
(b) Repealed by Acts 2022, No. 374, §2.
(c) The State Board of Elementary and Secondary Education shall be responsible for
all planning functions for the Department of Education, including collection, analysis and
interpretation of all data, information, test results, evaluations, and other indicators that are
used to formulate policy, identify areas of concern and need, and serve as the basis for short-range and long-range planning. Such planning shall include assembling data, conducting
appropriate studies and surveys, and sponsoring research and development activities
designed to provide information about educational needs and the effect of alternative
educational practices.
(d) The State Board of Elementary and Secondary Education shall establish within
the Department of Education, office of management and finance, a program of fiscal
accountability for purposes of providing an audit, evaluation, and a computerization of the
data submitted by local school systems and used in the determination of the cost of the
minimum foundation program for public elementary and secondary education and in the
equitable distribution of funds provided for the minimum foundation program for public
elementary and secondary education. The board shall annually report, not later than March
fifteenth, the findings of the audit and evaluation, with recommendations for improvement,
to the committees on education of the House of Representatives and the Senate. The audit
and evaluation shall consider the minimum performance standards established by the
legislature, the State Board of Elementary and Secondary Education, and the state
Department of Education.
(e) The State Board of Elementary and Secondary Education shall develop and
implement an integrated information system for educational management. The system shall
support, as feasible, the management decisions to be made in each office of the state
Department of Education and at the individual school and district levels. Similar data
elements among offices and levels shall be compatible. The system shall be based on an
overall conceptual design; the information needed for such decisions, including fiscal,
student, program, personnel, facility, community, evaluation, and other relevant data; and the
relationship between cost and effectiveness. The system shall be managed and administered
by the state superintendent of education and shall include a district subsystem component to
be administered at the local school system level, with input to the state level. Each local
school system with a unique management information system shall assure that compatibility
exists between its unique system and the district component of the state system to the extent
that all data required as input to the state system shall be made available in the appropriate
input format.
(f)(i) In addition to any other requirements of the minimum foundation program
formula as most recently adopted by the State Board of Elementary and Secondary Education
and approved by the legislature, the state board shall require each city, parish, or other local
public school board to expend funds generated by applying the weighted factors contained
in such formula for economically disadvantaged students, career and technical education
course units, special education students other than gifted and talented students, and gifted and
talented students on personnel, professional services, instructional materials, equipment, and
supplies that serve the unique needs of students who generate such funds and to submit
annually a written report to the State Board of Elementary and Secondary Education that
details the types of activities on which these funds were expended to serve the needs of the
weighted students at all schools that serve such students. The information contained in such
annual report shall be published on the state Department of Education website in an easily
understandable format.
(ii) The State Board of Elementary and Secondary Education shall offer guidance and
technical assistance to each city, parish, or other local public school board in making
strategic fiscal decisions that promote improved student achievement. Such guidance and
technical assistance shall include but not be limited to the identification of best practices in
school finance that promote efficiency, economies of scale, and the use of comparative data
to improve spending and educational outcomes.
(iii) The State Board of Elementary and Secondary Education shall annually publish
revenue and expenditure data, including but not limited to the allocation and expenditure of
funds generated by the minimum foundation program, local revenues, and federal grants, for
each city, parish, or other local public school board by district and by school level, to the
extent possible, in an easily understandable format on the state Department of Education
website. Such data shall include but not be limited to comparative per pupil expenses
reported by the school system for personnel, transportation, and other major categories of
common expenditures as determined by the state Department of Education. Student
membership counts and any weighted student counts generated by student need
characteristics as provided in the minimum foundation program formula, calculations of the
amounts of minimum foundation program funding allocated to each city, parish, or other
local public school board through the minimum foundation program, amounts provided to
and removed from calculations for each city, parish, or other local public school board
including the source of funding shifts between city, parish, or other local public school
boards, and expenditures of funds by school systems relative to the amounts generated by the
weighted student characteristics and factors through the formula applied to city, parish, or
other local public school boards shall also be reported.
(iv) The State Board of Elementary and Secondary Education shall establish a system
for the uniform collection and reporting of all data required by this Subparagraph.
(v) For the purposes of this Subparagraph, the term "city, parish, or other local public
school board" shall mean the governing authority of any public elementary or secondary
school.
(3) Exercise budgetary responsibility and allocate for expenditure by the schools and
programs under its jurisdiction all monies appropriated or otherwise made available for
purposes of the board and of such school and programs.
(4) Prescribe a process for the review, adoption, procurement, and distribution of free
textbooks and other materials of instruction for the children of this state at the elementary
and secondary levels and at all other schools and programs under its jurisdiction for which
the legislature provides funds, in accordance with law.
(5)(a) Approve courses of study and prepare and adopt rules and regulations for the
discipline of students and the governance of the public elementary and secondary schools and
other public schools and programs under its jurisdiction, which shall not be inconsistent with
law and which shall be enforced by the city, parish, and other local public school boards and
the local school superintendents; however, the board shall have no control over the business
affairs of a city, parish, or other local public school board or the selection or removal of its
officers and employees.
(b)(i) Prepare and adopt rules and guidelines for the appropriate use of seclusion,
physical restraint, and mechanical restraint of students with exceptionalities as defined in
R.S. 17:1942, in accordance with the Administrative Procedure Act.
(ii) The rules and guidelines adopted pursuant to Item (i) of this Subparagraph shall
not be applicable to a student who has been deemed to be gifted or talented unless the student
has been identified as also having a disability.
(6)(a)(i) Prescribe the qualifications and provide for the certification of teachers in
accordance with applicable law, which qualifications and requirements shall ensure that
certification shall be a reliable indicator of the minimum current ability and proficiency of
the teacher to educate at the grade level and in the subjects to which the teacher is assigned.
(ii) Additionally, whenever there is a qualification or condition established by law
or board policy, or both, that a teacher holding a regular teacher certificate which is valid for
three years shall comply with, in order for the teacher to be issued a permanent regular
teacher certificate, and it is not possible for a teacher at a nonpublic school to comply with
such qualification or condition due to the teacher being employed at a nonpublic school, the
board shall establish an alternative method or process by which the nonpublic school teacher
may meet such qualification or condition. A teacher employed in a nonpublic school who
meets the qualifications or conditions pursuant to the alternative method or process
established pursuant to this Item shall be issued a permanent regular teacher certificate which
shall be valid for all purposes in this state and under all the same conditions as if it had been
issued to a teacher who complied with the qualifications or conditions as otherwise
established by law or board policy. Prior to establishing an alternative method or process,
the board shall direct the nonpublic school commission to formulate, develop, and
recommend to the board the alternative method or process by which the nonpublic school
teacher may meet the qualification or condition, and the method or process established by
the board shall be consistent with the recommendations of the nonpublic school commission.
(b)(i) A person applying for initial certification as a teacher in a public school shall
have passed satisfactorily an examination, which shall include pedagogical knowledge and
knowledge in his area of specialization, as a prerequisite to the granting of such certificate.
However, a person who is employed as a foreign language teacher in a Certified Foreign
Language Immersion Program pursuant to R.S. 17:273.2, and who is not otherwise eligible
to receive state authorization to teach through participation in the Foreign Associate Teacher
Program, shall not be required to pass the examination required by this Subparagraph, but
shall at least have a baccalaureate degree and shall be subject to all provisions of state law
relative to background checks and criminal history review applicable to the employment of
public school personnel.
(ii) Any person certified to teach in another state who applies for certification to
teach in the public schools of Louisiana shall be required to pass satisfactorily the
examination which is administered in accordance with the provisions of this Paragraph as
a prerequisite to the granting of such certification. However, a teacher certified in another
state who meets all other requirements for a Louisiana certificate granted to out-of-state
graduates except for the satisfactory passage of the examination shall be granted a three-year
provisional certificate.
(iii) Any teacher who holds a valid out-of-state teaching certificate and has at least
three years of successful teaching experience in another state as determined by the board
shall not be required to take the examination or to submit any examination scores from any
examination previously taken in another state as a prerequisite to the granting of certification
in Louisiana. Upon application and verification of successful teaching experience in another
state by the board, the teacher shall be granted a valid standard Louisiana teaching certificate
provided the teacher meets all other requirements for background checks and criminal history
reviews as may be required by law and board policy.
(iv) The examination shall be administered to each student in a teacher education
program at a public college or university in Louisiana prior to graduation and shall be
administered to other applicants at any time such examination is offered. The board shall
prescribe other qualifications and requirements and shall consider other factors.
(v) The state superintendent of education shall administer the policy of the board. In
administering the policy, the superintendent shall choose the appropriate testing instrument,
shall conduct all necessary research to validate the applicability of the instrument to teacher
education programs within the state of Louisiana, and shall conduct all necessary research
to determine the level at which the examination is satisfactorily completed. During the
conduct of the research and in the preparation of the testing instrument, the superintendent
shall meet with and consider the suggestions of individual classroom teachers,
representatives of teacher organizations, deans of education of the public colleges and
universities of the state, and representatives of each of the governing boards for higher
education.
(vi) Any applicant seeking certification may apply for and take any required test or
tests without limitation as to the frequency of applications or testing.
(vii) The state superintendent of education shall annually submit a report to the
House Committee on Education and the Senate Committee on Education relative to the
examination administered pursuant to this Paragraph. Such report shall include but not be
limited to the following: the number of persons to whom the examination was administered,
the educational background and teaching experience of such persons, the number of persons
successfully completing the examination, the effectiveness of the examination, and any
suggestions for improving the examination.
(c) Any person who holds at least a master's degree in the subject area in which he
is seeking employment, or any person who meets all other certification requirements except
he failed to successfully pass the original examination but scored within ten percent of the
score required for passage, may be employed as a teacher for a period not to exceed five
years in the following manner:
(i) The state superintendent of education, upon receipt of a signed affidavit by the
president and superintendent of the school board to which such person has applied for
employment that there is no other applicant available for employment for a specific teaching
position who has met the requirements of this Section and who has agreed to participate in
a mentorship program offered by the school board, may issue an emergency teaching permit
to such person. Such permit shall be in effect for not more than five years. Each teacher
issued an emergency teaching permit who has not completed an approved teacher education
program shall be required to complete a preservice training session offered by the school
board prior to the teacher's first day of teaching students.
(ii) At any time the person who failed to pass the examination successfully passes
the examination, he shall be certified and may be employed on a permanent basis.
(iii) After five years of effective teaching evaluations pursuant to R.S. 17:3902 and
upon a signed affidavit of a superintendent of a school system recommending to employ the
person for the following school year subject to the receipt of a valid Louisiana teaching
certificate, the person shall be granted a valid standard professional level teaching certificate
by the state superintendent of education, subject only to passing all provisions of law relative
to background checks and criminal history review.
(iv) The period during which a teacher is working with an emergency teaching
permit granted under the provisions of this Paragraph shall not count toward tenure.
(d) Any examination selected by the state superintendent of education which would
supercede the examination used pursuant to Subparagraph (b) of this Paragraph and any
criteria established to determine the level at which either the examination used or any
examination selected to supercede it is satisfactorily completed shall be approved by the
State Board of Elementary and Secondary Education.
(e) The board shall not adopt any policy, rule, regulation, or other measure that limits
or restricts the number of times a temporary employment permit may be issued to any teacher
who meets all other requirements of current board policy, has applied for employment for
a specific teaching position for which there is no other applicant available for employment
who has met the requirements of this Paragraph, has the recommendation of the
superintendent of the school system employing such teacher, and has had a successful local
evaluation.
(f)(i) The board shall establish an appeals process which provides for the
circumstances under which an applicant who has been denied certification may appeal such
denial to the Teacher Certification Appeals Council, referred to in this Subparagraph as the
"council".
(ii) The council shall consist of nine members recommended by the state
superintendent of education and approved by the board as follows:
(aa) Three council members shall be college of education faculty members, each of
whom shall represent a postsecondary education institution participating in both traditional
and alternative certification programs. The Louisiana Association of Colleges for Teacher
Education, the Louisiana Association of Independent Colleges and Universities, and the
Louisiana Association of Teacher Educators shall each submit a list of three nominees. The
superintendent shall recommend one college of education faculty member from each such
list.
(bb) Three council members shall be classroom teachers. The Associated
Professional Educators of Louisiana, the Louisiana Association of Educators, and the
Louisiana Federation of Teachers shall each submit a list of three nominees. The
superintendent shall recommend one classroom teacher from each such list.
(cc) Three council members shall be certified school or system administrators. The
Louisiana Association of School Executives, the Louisiana State Association of School
Personnel Administrators, and the Louisiana Association of School Superintendents shall
each submit a list of three nominees. The superintendent shall recommend one administrator
from each such list.
(iii) Council members shall serve four-year terms after initial terms as provided in
this Item. As determined by lot at the first meeting of the council, initial terms shall be as
follows:
(aa) One college of education faculty member, one classroom teacher, and one
certified school or system administrator shall serve an initial term of two years.
(bb) One college of education faculty member, one classroom teacher, and one
certified school or system administrator shall serve an initial term of three years.
(cc) One college of education faculty member, one classroom teacher, and one
certified school or system administrator shall serve an initial term of four years.
(iv) A majority of council members, not including vacancies, shall constitute a
quorum. All actions of the council shall be approved by the affirmative vote of a majority
of the members present and voting.
(v) The council shall evaluate the appeals of persons seeking Louisiana certification,
including a review of the documents and transcripts of appellants, and shall submit a written
report of its findings to the board. A decision of the council shall be a final decision.
(vi) The council shall not consider appeals of persons who are nondegreed, lack any
examination scores required by the board for initial certification or administrative
certification, or lack fifty percent or more of required course work. The council shall not
consider requests to waive state or federal statutes pertaining to teacher certification.
(vii) The board shall establish by rules and regulations, in accordance with the
Administrative Procedure Act, all guidelines and procedures for carrying out the provisions
of this Subparagraph.
(g) The board shall develop and implement policies relative to the certification of
foreign associate teachers that include but shall not be limited to the following components:
(i) The designation by the board of the appropriate foreign language associate
teaching certificate to be granted to teachers who meet the certification requirements of the
Foreign Associate Teacher Program.
(ii) Procedures for foreign language associate teaching certificate renewal upon the
teacher's completion of a required number of continuing learning units as determined by the
board.
(iii) Testing requirements for teachers holding certain foreign language associate
teaching certificates who are pursuing a regular teaching certificate.
(iv) The expansion of languages covered under the foreign language associate
teaching certificate that will allow for growth of the Foreign Associate Teacher Program.
(v) Support for the addition of a foreign language indicator to the list of critical
certification shortage areas in the revised Teacher Preparation Accountability System to
encourage universities to increase the number of foreign language teachers who complete
teacher preparation programs.
(h) The board may issue a teaching certificate or other teaching authorization to a
person who has been convicted of or has pled nolo contendere to an offense listed in R.S.
15:587.1(C), who has been found to have submitted fraudulent documentation to the board
or the state Department of Education as part of an application for a teaching certificate or
other teaching authorization, or who has been found to have facilitated cheating on any state
assessment as determined by the board if all of the following conditions apply:
(i) Five years have passed from the date of entry of the person's final conviction, the
date of entry of his plea of nolo contendere, or the date of receipt of notification from the
board of its determination that he submitted fraudulent documentation or facilitated cheating
on a state assessment.
(ii) The board has received a request from the person for a formal appeal and has
conducted a review of the person's background and the person has provided letters of
recommendation to the board, all in accordance with board policies.
(iii) The offense is provided for in R.S. 40:966(A), 967(A), 968(A), 969(A), or
970(A). The board shall not grant a person who has been convicted of or has pled nolo
contendere to any other offense listed in R.S. 15:587.1(C) a teaching certificate, a teaching
authorization, or an appeal.
(i) Not later than December thirty-first of each year, the board shall submit a written
report to the Senate Committee on Education and the House Committee on Education
detailing the number of appeals filed with the board for the calendar year, the offense upon
which the appeal is based, the disposition of each appeal, and the number of teacher
certifications or other authorization to teach issued as the result of all successful appeals.
The information in the report shall be reported in aggregate and by individual school and
school system.
(7) Adopt minimum standards for the approval of each public elementary and
secondary school and special school in the state under its jurisdiction.
(8) Except as otherwise provided by law, approve nonpublic schools in accordance
with the provisions of R.S. 17:11 and any other applicable law.
(9) Meet with the Board of Regents, upon its call, to coordinate programs of public
elementary, secondary, vocational-technical, career, and higher education.
(10) The board shall promulgate rules and regulations in accordance with the
Administrative Procedure Act to establish a process for issuing a teaching authorization to
a person seeking employment as an administrator, teacher, or substitute teacher in any
school, including a public or nonpublic school that does not require a Louisiana teaching
certificate for the employment of a teacher. Such rules and regulations shall be limited to
procedures for determining if a person has submitted fraudulent documentation to the board
or the state Department of Education related to the issuance of the teaching authorization or
has facilitated cheating on any state assessment administered to students, or has been
convicted of or has pled nolo contendere to a crime listed in R.S. 15:587.1(C). The rules and
regulations shall provide that the board shall not grant a teaching authorization to any person
who has been convicted of or pled nolo contendere to any crime listed in R.S. 15:587.1(C)
other than R.S. 40:966(A), 967(A), 968(A), 969(A), and 970(A). The rules and regulations
also shall include a requirement that the board, in accordance with R.S. 42:17(A)(1), notify
the person of its intention to discuss the person's character, professional competence, or
physical or mental health in an executive session and of the person's option to require that
the board discuss such matters in an open meeting.
(11)(a) Adopt and provide for the implementation of a program under which students
enrolled or enrolling in public schools in this state are tested for dyslexia and related
disorders as may be necessary. Such program shall conform to the criteria and minimum
standards established by the Council for Learning Disabilities. The program also shall
provide that upon the request of a parent, student, school nurse, classroom teacher, or other
school personnel who has reason to believe that a student has a need to be tested for dyslexia,
such student shall be referred to the school building level committee for review and referral
to pupil appraisal for appropriate services.
(b) In accordance with the program adopted by the board, the city, and parish school
boards shall provide remediation for children with dyslexia or related disorders in an
appropriate multi-sensory, intensive phonetic, synthetic to analytic phonics, linguistic,
meaning based, systematic, language based regular education program. For those students
who are not dyslexic and who do not qualify for special education services, other appropriate
programs shall be offered to remediate their particular physical or educational disorders.
(c) The State Department of Education, by not later than January 31, 1991, shall
make recommendations to the board for the delivery and funding of services to students who
are identified as dyslexic, but do not qualify for services under the criteria of eligibility of
Bulletin 1508, the Pupil Appraisal Handbook.
(d) For the purposes of this Paragraph:
(i) "Dyslexia" shall be defined as an unexpected difficulty in reading for an
individual who has the intelligence to be a much better reader, most commonly caused by a
difficulty in phonological processing, which affects the ability of an individual to speak, read,
and spell. "Phonological processing" means the appreciation of the individual sounds of
spoken and written language.
(ii) "Related disorders" shall include disorders similar to or related to dyslexia such
as developmental auditory imperception, dysphasia, specific developmental dyslexia,
developmental dysgraphia, and developmental spelling disability.
(12)(a) Develop, adopt, and by not later than the second semester of the 1991-1992
school year, provide for the implementation of a firearm familiarity and safety pilot program
for students in grades six, seven, and eight. The purpose of the program shall be to promote
the protection and safety of children and the program shall be integrated within the current
curriculum of such students. All instruction and related supplies and materials shall be on
an age-appropriate basis.
(b) The firearm familiarity and safety pilot program shall be developed by the board
based on recommendations of the secretary of the Department of Wildlife and Fisheries or
his designee and of the state superintendent of education. The pilot program shall be made
available in not less than twenty schools throughout the state and the selection of schools to
participate in the pilot program shall include to the extent possible those schools already
using related programs and instruction provided by the Department of Wildlife and Fisheries.
(c) The board shall adopt such rules and regulations as are necessary to provide the
firearm familiarity and safety pilot program.
(13)(a) In the development of course outlines or other suggested or required
curricular or teaching material for use in middle or high schools for courses which include
material related to family life, including but not limited to Family Life and Consumer
Science Education, include the topic of adoption awareness as provided in this Paragraph.
(b) "Adoption awareness" as used in this Paragraph means specific instruction on the
benefits of adoption for families wishing to add a child, for potential adoptees, and for
persons who are pregnant or who have a child for whom they are unable to care.
(14)(a) Prepare and adopt by July 1, 1992, course requirements for high school
graduation which are sufficiently flexible to prepare students for, and to permit them to
choose to pursue preparation for, the workplace or entrance into an institution of higher
education. Prior to adoption, the board shall report in writing to the House and Senate
Committees on Education on any proposed program developed to implement the provisions
of this Paragraph in order that the committees may have the opportunity to review and
comment on any such program prior to its implementation. The parent, guardian, or legal
custodian of each student shall be provided information as required in R.S. 17:175(C)(1)(d).
Such requirements for high school graduation shall include the study of science and
mathematical skills, including algebraic concepts, in either a functional and applied format
or in a theoretical format. Any such functional and applied format or theoretical format shall
provide instruction in concepts sufficient to prepare a student to be successful on any test
required in R.S. 17:24.4 administered to high school students.
(b) Nothing in this Paragraph shall be construed to permit or require tracking of
students or authorizing a system of dual diplomas.
(15)(a) Provide guidance to city and parish school boards for delivering appropriate
educational services for public school students with identified attention deficit disorders.
Any such guidance shall be in accordance with the procedures and requirements of Section
504 of the Rehabilitation Act of 1973 and subsequent amendments, and shall include
procedures for the school building level committee to follow when a request is received from
a parent, student, school nurse, classroom teacher, or other school personnel concerning a
student who is suspected of or regarded as having an attention deficit disorder.
(b) Students receiving services under the provisions of this Paragraph shall be those
students who do not qualify for special educational services under categories such as learning
disabled, behavior disordered, and other health impaired, as defined in Bulletin 1508, the
Pupil Appraisal Handbook.
(c) The state Department of Education shall provide for:
(i) Statewide training of representatives from public city and parish school systems
on meeting the needs of students with attention deficit disorders. Such training shall include
identifying characteristics associated with attention deficit disorders, assessment techniques,
and developing appropriate accommodations and modifications in home, school, and social
environments.
(ii) A request for proposals to be issued to public city and parish school systems no
later than August 1, 1992, for four pilot programs for students with attention deficit
disorders. The pilot programs shall be selected based on criteria to be established by the
State Board of Elementary and Secondary Education, and shall include, but not be limited
to geographic location, size of the school population, and the existence of established
programs for students with attention deficit disorders in local school systems. The pilot
program shall begin in the 1992-93 school year and shall be evaluated at the conclusion of
such school year for effectiveness in meeting the needs of the students with attention deficit
disorders.
(d) The funding for the statewide training program and the four pilot programs shall
not exceed a total of ninety-seven thousand dollars. Funds not to exceed six percent of the
total program funding shall be allocated to the state Department of Education for evaluation
and oversight of the pilot programs.
(16) By December 1, 2022, develop and adopt rules and regulations requiring each
public school governing authority to annually report to the state Department of Education
information relative to the instruction of students on child assault and prevention as provided
in R.S. 17:81(Y). At a minimum, the rules and regulations shall include a requirement that
the annual report submitted by each public school governing authority include the following
information for each school under its jurisdiction:
(a) A grade-level listing of each course that includes instruction on child assault
awareness and prevention.
(b) The website location that prominently displays the number for the child
protection toll-free hotline operated by the Department of Children and Family Services.
(17) Repealed by Acts 1998, 1st Ex. Sess., No. 151, §3, eff. July 1, 1999.
(18) Repealed by Acts 2011, 1st Ex. Sess., No. 41, §2, eff. June 12, 2011.
(19) Repealed by Acts 2012, No. 643, §2.
(20)(a) Subject to the appropriation of funds for this purpose, develop, adopt, and
by not later than the beginning of the 1995-1996 school year, provide for implementation by
the State Department of Education of an annual math, science, and speech and debate
competition financial assistance awards program for eligible teams and individuals from
public and board-approved nonpublic secondary schools representing the state of Louisiana
at regional or national competitions, or both.
(b) The following guidelines, criteria, and procedures shall apply to the financial
assistance awards program provided for by this Paragraph:
(i) Financial assistance awarded pursuant to the provisions of this Paragraph shall
be used exclusively for the payment of documented and necessary expenses of eligible public
and approved nonpublic secondary school team members or individuals representing the state
of Louisiana at math, science, or speech and debate competitions at regional or national
levels, or both, including persons designated by the school's governing authority as chaperons
or coaches of such team members or individuals.
(ii) For the purposes of this Paragraph, necessary expenses shall mean competition
entry fees as well as travel, lodging, subsistence, and incidental costs directly related to
participation in math, science, or speech and debate competitions at regional or national
levels, or both. Procedures governing expenditures for travel, subsistence, lodging, and
incidental costs shall be consistent with travel regulations prescribed by the division of
administration for state executive branch employees.
(iii) A team may consist of persons representing one secondary school as the local
or district level winner or persons who are individual winners from the state at large who
have won in-state local or district level competitions and who will be competing in the same
regional or national competition, or both. The board shall provide by rule for the method of
determining the appropriate school governing authority to represent the interests of a team
composed of persons who are individual winners from the state at large who have won in-state local or district level competitions and who will be competing in the same regional or
national competition, or both.
(iv) Each winning team or individual winner from the state at large seeking a
financial assistance award shall identify a sponsor who shall be under the auspices of the
governing authority of the public or approved nonpublic secondary school.
(v) An application for a financial assistance award shall be submitted by the
governing authority of the public or approved nonpublic secondary school acting on behalf
of the sponsor of a team or individual participating at a math, science, or speech and debate
competition at the regional or national level, or both.
(vi) An application form shall include general information on the individual
competitor or individual team members, a documented record of the competitions in which
the individual competitor or team members have participated, including competition results,
and a reasonable estimate of expenses for which financial assistance is being sought, all of
which information shall be attested to by the sponsor for its accuracy and validity.
(vii) Upon approval, a financial assistance award shall be made to the governing
authority of the public or approved nonpublic secondary school submitting the application
for the sponsor. The school's governing authority shall serve as the fiscal agent for the team
or individual and shall be responsible for keeping appropriate records and documentation for
audit purposes of all award expenditures.
(viii) Awarded but unexpended monies shall be returned to the State Department of
Education.
(ix) The criteria for approving a financial assistance award shall consist of
thoroughness and detail of information submitted in the application process and the
qualifications and competition record of the team members or individual competitors seeking
assistance. Award criteria shall not discriminate against any student on the basis of race, sex,
religious belief, or school attendance at an approved nonpublic school.
(x) If the total dollar amount of approved financial awards for any one program year
exceeds total funds available for this purpose, award monies shall be allocated among all
approved applicants on the basis of each eligible team or individual competitor receiving the
same percentage amount of the total amount approved for the team or individual.
(c) The board shall adopt necessary rules and regulations in accordance with the
Administrative Procedure Act to implement the provisions of this Paragraph.
(d) The cost of the program provided for by this Paragraph shall not exceed fifty
thousand dollars in state general funds for the 1995-1996 Fiscal Year.
(21)(a) Annually submit to the House Committee on Education and to the Senate
Committee on Education, at the time of the board's submission to the legislature of the
proposed minimum foundation program formula, a report providing the following
information regarding actual expenditures from state general funds as well as from all
sources of funds for public elementary and secondary education purposes, on a school system
by school system basis and for the state as a whole, for the most recent year such information
is available:
(i) Expenditures, by dollar amount and by percent of total spending, for all
instructional purposes, including a subtotal for pupil support and a subtotal for instructional
support.
(ii) Expenditures, by dollar amount and by percent of total spending, for food
services.
(iii) Expenditures, by dollar amount and by percent of total spending, for other
support services.
(iv) Total expenditures.
(b) Information for the same expenditure categories as required by Subparagraph (a)
of this Paragraph also shall be reported by the amounts and by the percentages of such
spending that occur at the individual school building level compared to such expenditures
that occur at other than the school building level.
(c) Expenditure categories and subcategories provided for by Subparagraph (a) of
this Paragraph shall be defined by rule by the board and shall be consistent with expenditure
functions adopted by the board for use in its uniform accounting handbook.
(d) The report required by this Paragraph shall include for the same time period
education personnel data for the following categories both by numbers of persons employed
and by the percent such employment is of the total:
(i) Classroom teachers.
(ii) Teacher aides and paraprofessionals.
(iii) Professional/technical.
(iv) School administration.
(v) Central office administration.
(vi) Office/clerical.
(vii) Maintenance/operations.
(e) The board shall adopt necessary rules and regulations to implement the provisions
of this Paragraph.
(22) Annually submit to each member of the legislature at the time of publication an
electronic copy of the state, district, school, and parent-level progress profiles as required by
R.S. 17:3912. Upon request, the board shall provide such profiles to any legislator in the
form of a paper report.
(23)(a) Develop, adopt, and provide for the implementation of a pilot program in
eight public elementary schools as follows:
(i) Two public elementary schools from the northern region of the state.
(ii) Two public elementary schools from the southern region of the state.
(iii) Two public elementary schools from the eastern region of the state.
(iv) Two public elementary schools from the western region of the state.
(b) Participation in the pilot program shall be on a voluntary basis. If, by November
30, 1997, more than the specified number of schools volunteer to participate in the program,
then the state Department of Education shall select the schools to participate based upon
criteria as established by the department and approved by the board. Such selection of
participating schools shall include, to the extent possible, those schools which have already
departmentalized any grades at the elementary level and representation from rural, suburban,
and urban school systems throughout the state.
(c) Each school participating in the pilot program as provided in this Paragraph shall:
(i) Provide for the departmentalization, or grouping according to subject matter, of
grades one through six.
(ii) Study the outcomes of teachers who teach in specialized areas as opposed to
teachers who teach all subjects.
(iii) Create a strategic plan for improving and analyzing student achievement and
instructional methods.
(iv) Provide for a daily planning period which allows all teachers to meet to discuss
student progress in accordance with the strategic plan.
(d) The pilot program as provided in this Paragraph shall be fully implemented by
not later than August 31, 1998. After the third year of implementation, the program shall be
evaluated by the department in accordance with criteria as established by the department and
approved by the board which shall include the collection of data as to the results of the
program and student progress and based upon such evaluation, the board shall determine if
the program should be implemented on a statewide basis.
(e) The board shall adopt such rules and regulations as are necessary to provide for
and implement the pilot program as provided in this Paragraph.
(24)(a) Develop, adopt, and beginning in the summer after the 1999-2000 school
year, provide for the implementation of a pilot education and nutrition summer program
based upon the West Virginia Energy Express program. The state Department of Education,
with the approval of the State Board of Elementary and Secondary Education, shall select the
sites to participate in the pilot program, which may include school buildings. The purpose
of the program shall be to provide children from low-income families with learning
activities, social programs, and free breakfast and lunch during the summer when they are
not in school. Participation by children in the pilot program shall be on a voluntary basis.
(b) The State Board of Elementary and Secondary Education shall develop and adopt
necessary rules and regulations for the implementation of the provisions of this Paragraph
and such development shall include consultation with and participation by the cooperative
extension service at any state public college or university.
(c) The legislature shall appropriate necessary funding for the development and
implementation of the pilot program as provided in this Paragraph.
(d) In addition to funds made available by the legislature, the board may seek and
accept any gifts, grants, and donations, including federal funds, from whatever sources may
be available to accomplish the purposes of this Paragraph.
(25) Repealed by Acts 2014, No. 832, §8B.
(26)(a) Develop, adopt, and provide for the implementation of a visual arts
curriculum and a performing arts curriculum in public schools as follows:
(i) During the 2007-2008 school year, develop and adopt by not later than July 1,
2008, visual arts and performing arts curriculum guides that are consistent with the arts
content standards as developed and adopted by the board. The board shall consult and
collaborate with the Department of Culture, Recreation and Tourism in developing such
curriculum guides and shall include in the development of such curriculum guides the
participation of teachers who are certified in arts education and professional practicing artists
in the visual and performing arts as defined by the board, after receiving recommendations
from the Department of Culture, Recreation and Tourism for the purposes of this Paragraph.
(ii) During the 2008-2009 school year, provide professional development and
training relative to the implementation in public schools of the curriculum guides, developed
pursuant to Item (i) of this Subparagraph, to teachers, school administrators, and professional
practicing artists as defined pursuant to the provisions of Item (i) of this Subparagraph.
(iii) During the 2009-2010 school year, provide for the implementation, on a pilot
basis, of a visual arts curriculum and a performing arts curriculum that are based upon the
curriculum guides developed pursuant to the provisions of Item (i) of this Subparagraph in
public schools as selected by the board for participation.
(iv) Beginning with the 2010-2011 school year, require full implementation of the
visual arts curriculum and the performing arts curriculum for all public school students in
kindergarten through grade eight, including a requirement that sixty minutes of instruction
in the performing arts and sixty minutes of instruction in the visual arts shall be provided to
such students each school week.
(v) Beginning with the 2010-2011 school year, require that all public high schools
give instruction in the visual arts and the performing arts and that such instruction shall be
given in accordance with the curriculum guides developed pursuant to the provisions of Item
(i) of this Subparagraph.
(b) The board shall adopt necessary rules and regulations in accordance with the
Administrative Procedure Act to implement the provisions of this Paragraph.
(c) The implementation of the provisions of this Paragraph shall be subject to the
appropriation of funds by the legislature for this purpose.
(27)(a)(i) Adopt rules and regulations in accordance with the Administrative
Procedure Act prohibiting at any public elementary or secondary school interaction between
a student and school employee in any classroom, office, meeting room, or other similarly
enclosed area on school property unless during the full time of such interaction another
school employee, the student's parent, or other authorized adult is present, or the student and
employee are clearly viewable by persons outside such area through an open door or entrance
or through a window or other means that provide an unobstructed view of such interaction.
(ii) The provisions of Item (i) of this Subparagraph shall not apply to the following:
(aa) Interaction between a student and school counselor as defined in R.S. 17:3002.
(bb) Interaction between a student and school employee during the administration
of a test when the student's Individualized Education Program as defined in R.S.
17:1945(C)(2) provides for accommodations relative to testing that preclude the presence of
other individuals.
(cc) Interaction between a student and school employee engaged in the performance
of a noncomplex health procedure as defined in R.S. 17:436(A).
(dd) Interaction between a student and school nurse.
(ee) Any other interaction as determined by the state board.
(b) Rules adopted by the state board pursuant to this Paragraph shall include but not
be limited to guidelines requiring implementation, oversight, and enforcement of the
prohibition and limitations provided by Subparagraph (a) of this Paragraph by every
governing authority of a public elementary or secondary school by not later than the
beginning of the 2008-2009 school year.
(28)(a) By the beginning of the 2008-2009 school year, develop and adopt rules and
regulations requiring city, parish, and other local school boards to implement a system to
conduct exit interviews for teachers who leave their employ to ascertain their reasons for
leaving and to gather information that could prove useful in developing strategies to improve
teacher retention rates.
(b) The board shall appoint a task force to assist in developing forms and questions
to be used in the exit interview.
(c) Each city, parish, and other local public school board annually shall report on the
information gathered during the teacher exit interviews conducted in its system to the State
Board of Elementary and Secondary Education in a manner that assures complete anonymity
and confidentiality for the teacher.
(d) The State Board of Elementary and Secondary Education shall compile and
analyze the teacher exit interview information submitted by each city, parish, and other local
public school system each year and make a comprehensive report to the Senate Committee
on Education and the House Committee on Education not later than January fifteenth of each
year regarding the information collected during the prior year.
(29) Develop, adopt, and promulgate rules and regulations in accordance with the
Administrative Procedure Act which provide for the following relative to the physical abuse
of teachers and other school employees by students in city, parish, and other local public
schools:
(a) Requiring school governing authorities to keep an accurate record of each
incident of physical abuse by a student that is reported by a teacher or other school employee.
(b) Requiring school governing authorities to provide appropriate equipment to
protect teachers and other school employees from physical abuse by students.
(c) Providing support services to teachers and other school employees which afford
them the opportunity to discuss the effects of stress caused by physical abuse by students and
to identify ways to alleviate such stress.
(d) Giving any teacher or other school employee who has been a victim of physical
abuse by a student, or students, the opportunity to seek another position for which he is
certified within the same parish and in which he will not have contact with the student or
students, provided there is another position available.
(30)(a) By the beginning of the 2010-2011 school year, develop and adopt a policy
whereby students shall be allowed to accelerate their academic progress, complete all high
school graduation requirements established by the board, and receive a high school diploma
in less than four years.
(b) Such policy shall encourage and support students who seek early graduation from
high school and provide for mechanisms to facilitate implementation of this early high school
graduation policy by local public schools and school systems which may include flexible
course scheduling and use of distance learning, online courses, Advanced Placement,
International Baccalaureate, and other accelerated learning programs and examinations.
(c) Each city, parish, and other local public school board shall fully implement the
provisions of the early high school graduation policy adopted by the State Board of
Elementary and Secondary Education and shall include such in its pupil progression plan.
(31)(a) Develop, adopt, and provide for the implementation of a uniform grading
scale for use in public elementary and secondary schools and other public schools and
programs under its jurisdiction, which shall be enforced by the governing authorities of
public schools and by city, parish, and other local public school superintendents except as
otherwise provided by this Paragraph.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to any
school operated by the United States Department of Defense that is located on a federal
military installation.
(32) Repealed by Acts 2022, No. 374, §2.
(33)(a) On an annual basis, provide all of the following information to the legislature
no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the board which is current as of the date of
submission to the legislature and which shows each staff position, whether filled or vacant,
that comprises the board.
(ii) The current salary of the person occupying each filled position shown on the
organizational chart.
(b) The board may submit the report required by this Paragraph in electronic format
and may submit the report at the time of submission of the progress profiles required by
Paragraph (22) of this Section.
Acts 1975, No. 274, §1; Acts 1976, No. 455, §1; Acts 1977, No. 645, §1; Acts 1977,
1st Ex. Sess., No. 16, §1, eff. Aug. 17, 1977; Acts 1979, No. 271, §§1, 2; Acts 1979, No. 644,
§1; Acts 1979, No. 729, §1; Acts 1980, No. 236, §2; Acts 1980, No. 480, §1; Acts 1980, No.
816, §1; Acts 1981, No. 619, §1, eff. Sept. 15, 1981; Acts 1981, No. 677, §1, eff. Aug. 1,
1981; Acts 1982, No. 625, §1; Acts 1983, No. 197, §1; Acts 1984, No. 290, §1, eff. July 2,
1984; Acts 1986, No. 549, §1; Acts 1988, No. 616, §1, eff. July 14, 1988; Acts 1988, No.
903, §1, eff. July 26, 1988; Acts 1990, No. 854, §1; Acts 1990, No. 1051, §1, eff. July 27,
1990; Acts 1991, No. 392, §1, eff. July 8, 1991; Acts 1991, No. 818, §1; Acts 1991, No. 983,
§1; Acts 1992, No. 386, §1, eff. June 18, 1992; Acts 1992, No. 503, §1, eff. June 22, 1992;
Acts 1992, No. 613, §1; Acts 1992, No. 1047, §1; Acts 1992, No. 1120, §1, eff. July 14,
1992; Acts 1993, No. 300, §1; Acts 1993, No. 801, §1, eff. June 22, 1993; Acts 1993, No.
914, §1, eff. July 1, 1993; Acts 1995, No. 441, §1, eff. June 17, 1995; Acts 1995, No. 508,
§1, eff. June 18, 1995; Acts 1995, No. 568, §1, eff. June 18, 1995; Acts 1997, No. 439, §1,
eff. June 22, 1997; Acts 1997, No. 451, §1, eff. June 22, 1997; Acts 1997, No. 540, §1, eff.
July 3, 1997; Acts 1997, No. 1307, §1; Acts 1998, 1st Ex. Sess., No. 151, §§1, 3, eff. July
1, 1999; Acts 1999, No. 369, §1; Acts 1999, No. 688, §1, eff. July 1, 1999; Acts 1999, No.
1373, §1, eff. July 12, 1999; Acts 2001, No. 45, §1; Acts 2003, No. 93, §1, eff. July 1, 2003;
Acts 2005, No. 103, §1; Acts 2007, No. 175, §1, eff. June 27, 2007; Acts 2007, No. 184, §1,
eff. June 27, 2007; Acts 2008, No. 359, §1, eff. June 21, 2008; Acts 2008, No. 466, §1, eff.
June 25, 2008; Acts 2009, No. 31, §1; Acts 2009, No. 43, §1; Acts 2009, No. 310, §1, eff.
July 1, 2009; Acts 2010, No. 404, §1; Acts 2010, No. 660, §1, eff. June 29, 2010; Acts 2010,
No. 669, §1, eff. June 29, 2010; Acts 2010, No. 698, §1; Acts 2010, No. 701, §1; Acts 2010,
No. 742, §1, eff. June 29, 1010; Acts 2010, No. 861, §8; Acts 2011, 1st Ex. Sess., No. 41, §2,
eff. June 12, 2011; Acts 2011, No. 328, §1, eff. June 29, 2011; Acts 2012, No. 643, §2; Acts
2013, No. 1, §1; Acts 2014, No. 832, §8B; Acts 2015, No. 389, §1, eff. July 1, 2015; Acts
2016, No. 485, §1, eff. June 13, 2016; Acts 2016, No. 557, §1; Acts 2017, No. 97, §1; Acts
2018, No. 307, §§1, 2; Acts 2018, No. 634, §1, eff. July 1, 2018; Acts 2019, No. 21, §1; Acts
2019, No. 387, §1; Acts 2019, No. 437, §1; Acts 2020, No. 206, §1; Acts 2021, No. 275, §4;
Acts 2022, No. 180, §1, eff. May 31, 2022; Acts 2022, No. 244, §1, eff. May 31, 2022; Acts
2022, No. 374, §§1, 2; Acts 2022, No. 707, §1, eff. June 18, 2022.