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§3.  State Board of Elementary and Secondary Education

Section 3.(A)  Creation; Functions.  The State Board of Elementary and Secondary Education is created as a body corporate.  It shall supervise and control the public elementary and secondary schools and special schools under its jurisdiction and shall have budgetary responsibility for all funds appropriated or allocated by the state for those schools, all as provided by law.  The board shall have other powers, duties, and responsibilities as provided by this constitution or by law, but 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; however, the board shall have the power to supervise, manage, and operate or provide for the supervision, management, and operation of a public elementary or secondary school which has been determined to be failing, including the power to receive, control, and expend state funds appropriated and allocated pursuant to Section 13(B) of this Article, any local contribution required by Section 13 of this Article, and any other local revenue available to a school board with responsibility for a school determined to be failing in amounts that are calculated based on the number of students in attendance in such a school, all in the manner provided by and in accordance with law.

(B)(1)  Membership; Terms.  The board shall consist of eleven members, eight of whom shall be elected from single-member districts, which shall be determined as provided by law, and three of whom shall be appointed by the governor from the state at large, with consent of the Senate.  Members shall serve terms of four years, which shall be concurrent with the term of the governor.

(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 elected or appointed to the board for the succeeding term.  This Subparagraph shall not apply to any person elected or appointed to the board prior to the effective date of this Subparagraph1, except that it shall apply to any term of service of any such person that begins after such date.

(C)  Vacancy.  A vacancy in the office of an elected member, if the remaining portion of the term is more than one year, shall be filled for the remainder of the term by election, as provided by law.  Other vacancies shall be filled for the remainder of the term by appointment by the governor.

Amended by Acts 1979, No. 800, §1, approved Oct. 27, 1979, eff. Dec. 1, 1979; Acts 1998 1st. Ex. Sess., No. 170, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998; Acts 2003, No. 1293, §1, approved Oct. 4, 2003, eff. Nov. 6, 2003; Acts 2008, No. 935, §1, approved Nov. 4, 2008, eff. Dec. 8, 2008.

1Dec. 8, 2008.