36:651

Title 36. Organization of Executive Branch of State Government

Chapter 15. Department of Education

36:651 Transfer of boards, commissions, departments, and agencies to Department of Education; boards, commissions, and agencies within Department of Education

A. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to the “secretary” shall refer to the state superintendent of education, references to the “undersecretary” shall refer to the deputy superintendent for the office of management and finance, and references to an “assistant secretary” shall refer to a deputy superintendent.

B. The following agencies are hereby transferred to the Department of Education and shall exercise and perform their powers, duties, functions, and responsibilities as provided in R.S. 36:801:

(1) The Louisiana Educational Television Authority (R.S. 17:2501 et seq.).

(2) The office of instructional technology (R.S. 17:3921 et seq.).

C. The following agencies are transferred to and hereafter shall be within the Department of Education as provided in R.S. 36:801.1:

(1) The Board of Supervisors for the University of Louisiana System (Article VIII, Section 6 of the Constitution of Louisiana; R.S. 17:1831 et seq. and 3201 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that apply to the board).

(2) The Board of Regents (Article VIII, Section 5 of the Constitution of Louisiana; R.S. 17:3121 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that apply to the board).

(3) The Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (Article VIII, Section 7 of the Constitution of Louisiana; R.S. 17:1453 et seq. and 3201 et seq. and other provisions of the Louisiana Revised Statutes of 1950 that apply to the board).

(4) The Board of Supervisors of Southern University and Agricultural and Mechanical College (Article VIII, Section 7 of the Constitution of Louisiana; R.S. 17:1851 et seq. and 3201 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that apply to the board).

(5) The Board of Supervisors of Community and Technical Colleges (Article VIII, Section 7.1 of the Constitution of Louisiana; R.S. 17:1871 et seq. and 3201 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that apply to the board).

(6) The board of directors for the New Orleans Center for Creative Arts (R.S. 17:1970.21 et seq.).

(7) The board of directors of Thrive Academy (R.S. 17:1971 et seq.).

(8) Repealed by Acts 2022, No. 592, § 3(B), eff. June 18, 2022.

(9) The board of directors for the Jimmy D. Long, Sr. Louisiana School for Math, Science, and the Arts (R.S. 17:1961 et seq.).

(10) The Quality Science and Mathematics Council (R.S. 17:371 et seq.).

(11) The Governor’s Program for Gifted Children (R.S. 17:1989.1 et seq.).

(12) The Special School District and its board of directors (R.S. 17:1945 and 1945.1).

(13) The École Pointe-au-Chien board of directors (R.S. 17:1977.1 et seq.).

D. The State Board of Elementary and Secondary Education (Article VIII, Section 3 of the Constitution of Louisiana; R.S. 17:1 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that apply to the board) is hereby transferred to and hereafter shall be within the Department of Education as provided in R.S. 36:801, except that the board shall be authorized to employ, appoint, remove, assign, and promote such personnel as are necessary for the board to perform its functions as provided by law and by the Constitution of Louisiana and the superintendent shall administer and implement all programs provided or authorized for the board, except as otherwise provided by law or by the Constitution of Louisiana, in accordance with the policies, rules, and regulations established by the board in accordance with the provisions of the Constitution of Louisiana and applicable laws.

E. The following agencies are placed within the Department of Education and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:802:

(1) The Recovery School District (R.S. 17:1990).

(2) The Louisiana Environmental Education Commission (R.S. 17:202).

F. The following agencies are transferred to and hereafter shall be within the Department of Education as provided in R.S. 36:901 et seq.:

(1) The College and Career Readiness Commission (R.S. 17:3951).

(2) The Agricultural Education Commission (R.S. 17:185.4).

(3) The ABLE Account Advisory Council (R.S. 17:3089).

(4) The task force on student proficiency (R.S. 17:24.4(I)).

(5) The Early Childhood Care and Education Commission (R.S. 17:407.101).

(6) The Cybersecurity Education Management Council (R.S. 17:3138.9).

(7) The Computer Science Education Advisory Commission (R.S. 17:187.3).

(8) The Louisiana Literacy Advisory Commission (R.S. 17:410.11).

G. The State Department of Education (R.S. 17:24 as provided in Act No. 274 of the 1975 Regular Session of the Legislature) is hereby abolished and its powers, duties, functions, and responsibilities are transferred to the superintendent of education of the Department of Education and hereafter shall be exercised and performed as provided in R.S. 36:921 et seq.

H. The public colleges and universities, the vocational-technical schools of the state, and all special schools under the jurisdiction of any agency transferred to the department are hereby transferred into the Department of Education and shall be governed as provided by the constitution and laws of this state.

I. The advisory councils to postsecondary vocational-technical schools (R.S. 17:1998) are transferred to and hereafter shall be within the Department of Education but shall retain their function of advising the Board of Supervisors of Community and Technical Colleges.

J. The Advisory Commission on Proprietary Schools (R.S. 17:3140.1 et seq.) is placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided in R.S. 36:801. However, the commission shall exercise all powers, duties, functions, and responsibilities provided or authorized for the commission by the Constitution of Louisiana and laws, and particularly the provisions of R.S. 17:3140.1 through 3140.17, and shall exercise all such powers, duties, functions, and responsibilities in the manner and to the extent so provided or authorized. The agency shall be under the jurisdiction of the Board of Regents, and the Board of Regents shall have such powers, duties, functions, and responsibilities relative to the agency as otherwise provided by law. All personnel employed or assigned to administer and implement the powers, duties, functions, and responsibilities of the agency shall be employees of the Board of Regents. Except as otherwise provided by law, the Board of Regents shall perform and administer all functions of the agency which are in the nature of accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management.

K. The following agencies are placed within the Department of Education and shall perform and exercise their powers, duties, functions, and responsibilities as provided by law:

(1) Statewide Articulation and Transfer Council (R.S. 17:3162).

(2) Process Technology Advisory Board (R.S. 17:3398.2).

(3) Louisiana Tuition Trust Authority (R.S. 17:3093 et seq.).

(4) Governing board of the Louisiana Cancer Research Center of LSU Health Sciences Center in New Orleans/Tulane Health Sciences Center (R.S. 17:1922 et seq.).

(5) Louisiana State University Health Sciences Center Health Maintenance Organization (R.S. 22:2181 et seq.).

(6) Louisiana Science, Technology, Engineering, and Mathematics Advisory Council (R.S. 17:4071).

(7) Advisory Council on Historically Black Colleges and Universities (R.S. 17:3138.7).

(8) Louisiana Hall of Fame for the Arts election board (R.S. 17:1815).

(9) Repealed by Acts 2022, No. 231, § 4.

(10) Postsecondary Inclusive Education Advisory Council (R.S. 17:3138.11).

L. (1) The following agencies are placed within the Department of Education as provided by Paragraph (2) of this Subsection and shall exercise all powers, duties, functions, and responsibilities provided or authorized for such agencies by the Constitution of Louisiana and laws and shall exercise all such powers, duties, functions, and responsibilities in the manner and to the extent so provided or authorized:

(a) The Louisiana Health Works Commission (R.S. 17:2048.51).

(b) The Nursing Supply and Demand Council (R.S. 37:1007).

(2) The agencies transferred by this Subsection shall be under the jurisdiction of the Board of Regents, and the Board of Regents shall have such powers, duties, functions, and responsibilities relative to the agencies as otherwise provided by law. All personnel employed or assigned to administer and implement the powers, duties, functions, and responsibilities of the agencies shall be employees of the Board of Regents. Except as otherwise provided by law, the Board of Regents shall perform and administer all functions of the agencies which are in the nature of accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management.

M. The Louisiana Student Financial Assistance Commission (R.S. 17:3021 et seq.) is hereby abolished and its powers, duties, functions, and responsibilities are hereby transferred to the Board of Regents. All reference in law to the Louisiana Student Financial Assistance Commission shall refer to the Board of Regents.

Acts 1977, No. 83, § 1, eff. June 22, 1978. Amended by Acts 1978, No. 75, § 1; Acts 1978, No. 135, § 3; Acts 1979, No. 557, § 2; Acts 1979, No. 559, § 2; Acts 1980, No. 207, § 2; Acts 1980, No. 236, § 3; Acts 1981, No. 873, § 1, eff. Sept. 11, 1981; Acts 1981, No. 932, § 2, eff. Sept. 1, 1982; Acts 1982, No. 698, § 1; Acts 1984, No. 275, § 2; Acts 1984, No. 757, § 2, eff. July 13, 1984; Acts 1984, No. 758, § 2, eff. July 13, 1984; Acts 1984, No. 759, § 2, eff. July 13, 1984; Acts 1984, No. 834, § 2, eff. July 13, 1984; Acts 1985, No. 354, § 2, eff. July 9, 1985; Acts 1986, No. 146, § 2, eff. July 2, 1986; Acts 1986, No. 873, § 2; Acts 1986, No. 1074, § 2, eff. July 17, 1986; Acts 1987, No. 198, § 2, eff. June 19, 1987; Acts 1987, No. 934, § 2, eff. July 20, 1987; Acts 1988, No. 945, § 2; Acts 1989, No. 377, § 2, eff. June 29, 1989; Acts 1989, No. 406, § 1; Acts 1990, No. 621, § 2, eff. July 19, 1990; Acts 1990, No. 1067, § 2, eff. July 27, 1990; Acts 1991, No. 1036, § 2, eff. July 26, 1991; Acts 1992, No. 328, § 2, eff. June 17, 1992; Acts 1992, No. 970, § 2, eff. July 9, 1992; Acts 1992, No. 1093, § 2; Acts 1993, No. 778, § 2, eff. June 22, 1993; Acts 1995, No. 1228, § 2, eff. June 29, 1995; Acts 1997, No. 478, § 2, eff. June 30, 1997; Acts 1999, No. 595, § 2, eff. June 30, 1999; Acts 2000, 1st Ex.Sess., No. 60, § 3, eff. July 1, 2000; Acts 2003, No. 9, § 2, eff. Nov. 6, 2003; Acts 2005, No. 233, § 2, eff. June 29, 2005; Acts 2006, No. 223, § 2, eff. June 2, 2006; Acts 2006, No. 462, § 2, eff. June 15, 2006; Acts 2008, No. 534, § 2, eff. June 30, 2008; Acts 2009, No. 309, § 2, eff. July 1, 2009; Acts 2009, No. 409, § 3, eff. July 1, 2009; Acts 2009, No. 421, § 2; Acts 2010, No. 525, § 3, eff. June 24, 2010; Acts 2010, No. 861, § 17; Acts 2011, No. 163, § 2; Acts 2011, No. 187, § 2, eff. June 24, 2011; Acts 2012, No. 596, § 1, eff. July 1, 2012; Acts 2012, No. 811, § 11, eff. July 1, 2012; Acts 2013, No. 320, § 1, eff. June 17, 2013; Acts 2013, No. 327, § 1; Acts 2013, No. 378, § 2, eff. June 18, 2013; Acts 2014, No. 450, § 2, eff. June 4, 2014; Acts 2014, No. 791, § 10; Acts 2015, No. 411, § 2, eff. July 1, 2015; Acts 2016, No. 314, § 3(B); Acts 2016, No. 577, § 2, eff. Aug. 1, 2016; Acts 2016, No. 604, § 2; Acts 2016, No. 672, § 2, eff. July 1, 2017; Acts 2017, No. 374, § 3, eff. June 23, 2017; Acts 2017, No. 392, § 2, eff. June 23, 2017; Acts 2018, No. 236, § 2, eff. May 15, 2018; Acts 2018, No. 381, § 2; Acts 2018, No. 455, § 2, eff. May 23, 2018; Acts 2018, No. 639, § 2; Acts 2019, No. 238, § 2; Acts 2019, No. 437, § 2; Acts 2020, No. 57, § 2; Acts 2020, No. 180, § 2, eff. June 11, 2020; Acts 2021, No. 20, § 5; Acts 2021, No. 468, § 2, eff. July 1, 2021; Acts 2022, No. 454, § 2, eff. June 15, 2022; Acts 2022, No. 541, § 2, eff. June 17, 2022; Acts 2022, No. 682, § 2, eff. June 18, 2022; Acts 2023, No. 208, § 2, eff. June 8, 2023.