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A. Repealed by Acts 2012, No. 811, § 17, eff. July 1, 2012.

B. 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, references to an “assistant secretary” shall refer to a deputy superintendent.

C. The Louisiana Educational Television Authority (R.S. 17:2501 et seq.) is transferred to and hereafter shall be within the Department of Education as provided in R.S. 36:801.

D. The following agencies, as defined by R.S. 36:3, 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 1974 Louisiana Constitution; 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) Board of Regents (Article VIII, Section 5 of the 1974 Constitution; R.S. 17:3121 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes that apply to the board.)

(3) Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (Article VIII, Section 7 of the 1974 Constitution; R. S. 17:1453 et seq. and 3201 et seq. and other provisions of the Louisiana Revised Statutes that apply to the board.)

(4) Board of Supervisors of Southern University and Agricultural and Mechanical College (Article VIII, Section 7 of the 1974 Constitution; 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 1974 Louisiana Constitution; 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(6) Repealed by Acts 2014, No. 452, § 2, eff. June 4, 2014; Acts 2014, No. 832, § 8(B).

(7) Repealed by Acts 2005, No. 428, § 3, eff. July 1, 2005.

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

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

(10) The Health Education Authority of Louisiana (R.S. 17:3051 et seq.).

E. The State Board of Elementary and Secondary Education (Article VIII, Section 3 of 1974 Louisiana Constitution; 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. 36:801.2.

F. The Recovery School District (R.S. 17:1990) is placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:802.

G. The following agencies, as defined by R.S. 36:3, are transferred to and hereafter shall be within the Department of Education as provided in Part III of Chapter 22 of this Title:

(1) The Task Force on Textbooks and Instructional Materials (R.S. 17:8.3)

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

(3) The Remedial Education Commission (R.S. 17:3138.1).

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

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

(6) Repealed by Acts 2018, No. 455, § 4, eff. March 1, 2019.

<Par. (G)(7) effective until Dec. 31, 2019. See italic note following this section.>

(7) The Technology Strategy Task Force (R.S. 17:3921.3).

<Par. (G)(8) effective until March 31, 2020. See italic note following this section.>

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

H. The State Department of Education (R.S. 17:24 as provided in Acts 1975, No. 274) 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 Part IV of Chapter 22 of this Title.

I. 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.

J. 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.

K. Repealed by Acts 2012, No. 811, § 17, eff. July 1, 2012.

L. The Advisory Commission on Proprietary Schools (R.S. 17: 3141.1 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. 36:801.5.

M. Repealed by Acts 2016, No. 314, § 1(B).

N. Repealed by Acts 2012, No. 251, § 11; Acts 2012, No. 811, § 17, eff. July 1, 2012.

O. The Louisiana Hall of Fame for the Arts election board (R.S. 17:1815) is placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities as provided by law.

P. The Task Force on Student Proficiency (R.S. 17:24.4(I)) is placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred under the provisions of Part III of Chapter 22 of this Title.

Q. The Jimmy D. Long, Sr. Louisiana School for Math, Science, and the Arts and its board of directors (R.S. 17:1961 et seq.) is placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.1.

R. Repealed by Acts 2012, No. 251, § 7(B).

S. The Louisiana Fire and Emergency Training Commission (R.S. 40:1541) shall be within the Department of Education as provided in R.S. 40:1541.

T. 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. 17:3091 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) The Louisiana Science, Technology, Engineering, and Mathematics Advisory Council (R.S. 17:4071).

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

U. The office of instructional technology (R.S. 17:3921 et seq.) is placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:801.

V. Repealed by Acts 2012, No. 251, § 3; Acts 2012, No. 811, § 17, eff. July 1, 2012.

W. Repealed by Acts 2009, No. 438, § 2.

X. Repealed by Acts 2016, No. 614, § 4(B).

Y. The Quality Science and Mathematics Council (R.S. 17:371 et seq.) is placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred under the provisions of R.S. 36:801.1.

Z. The Governor’s Program for Gifted Children (R.S. 17:1989.1 et seq.) is placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.1.

AA. (1) The Louisiana Health Works Commission (R.S. 17:2048.51) is placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.5.

(2) The Nursing Supply and Demand Council (R.S. 37:1007) is placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.5.

(3) The Simulation Medical Training and Education Council for Louisiana (R.S. 17:2048.61) is placed within the Department of Education under the Louisiana Health Works Commission and shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.5.

BB. 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.

CC. Repealed by Acts 2016, No. 314, § 2(B).

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 1986, No. 146, § 2, eff. July 2, 1986; Acts 1986, No. 873, § 2; Acts 1987, No. 198, § 2, eff. June 19, 1987; Acts 1987, No. 934, § 2, eff. July 20, 1987; 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.