Chapter I

BESE and/or Board -the Board of Elementary and Secondary Education as created by the Louisiana constitution and the Louisiana Revised Statutes . Constitution -the constitution of the state of Louisiana Ex Officio -denoting or relating to the persons who are members by virtue of s…

A. These rules shall take effect upon final adoption by the board and in accordance with the Administrative Procedure Act (APA). These rules shall expire upon adoption of other rules by the board in accordance with the APA. Notes La. Admin. Code tit. 28 , § I-105 Promulgated by t…

A. Capital Projects 1. All requests for new capital construction or renovation projects submitted by board entities, including the recovery school district, shall comply with all applicable state laws, all applicable regulations issued by the Division of Administration, and all B…

A. Purchasing. Entities under the jurisdiction of the board shall comply with all applicable federal and state laws, rules, regulations, and board policy which govern the purchase of goods and services. B. Auditing 1. Entities under the jurisdiction of the board shall submit to a…

A. General Policies 1. The LDE, including the special school district and the recovery school district, and all entities under the jurisdiction of the board shall submit all budget requests for all funds (state, federal, self-generated, etc.) to the board for review and approval.…

A. MFP: General Provisions 1. Board Adoption a. The state superintendent of education shall prepare and recommend to the board for adoption a minimum foundation formula for the equitable allocation of funds to local school systems for the operation of their educational programs. …

A. All public education funds, in particular all state and federal monies, shall be allocated and expended in compliance with applicable federal and state laws, regulations, and policies. Any public employee of the board office who knowingly recommends or authorizes contract awar…

A. All regulatory policies and procedures adopted in response to state statutory requirements, most noticeably Louisiana Revised Statutes, Title 17, are contained in bulletins. Regulatory policies and procedures must be adopted by BESE as Rules through the rulemaking process set …

A. Rule - each agency statement, guide, or requirement for conduct or action, exclusive of those regulating only the internal management of the agency and those purporting to adopt, increase, or decrease any fees imposed on the affairs, actions, or persons regulated by the agency…

A. Rules may be amended by an affirmative vote of six BESE members at any regular meeting of the board or at any special meeting where the proposed amendment is included on the agenda. The text of any proposed amendment shall be submitted, in writing, to the board and received by…

A. State plans, consolidated state applications, and/or other eligibility documents are state policies and procedures adopted in accordance with federal regulations and/or administrative procedures for the operation of a specific federal program. Such policies and procedures are …

A. In accordance with R.S. 49:953(C)(1) , any interested person may petition the board's executive director in writing to adopt a new rule or amend or repeal an existing rule contained within the Louisiana Administrative Code , Title 28. B. The petition shall include: 1. the peti…

A. Upon receipt, a petition for rulemaking shall be reviewed for completeness, as prescribed in LAC 28:I.1309. If found complete, the petition shall be processed in accordance with this Section. B. Within 90 days of receipt of the petition for rulemaking, the executive director, …

A. In accordance with R.S 17:4035.1 , if an LEA denies the student enrollment request of a prospective student for an intradistrict transfer, the parent or legal custodian of the student may request that BESE review the denied transfer request. B. Requests for appeal shall be sub…

A. Upon receipt, the LEA student transfer request shall be reviewed for completeness. If found complete, the BESE agency will immediately forward a letter of acknowledgment and the appeal shall be processed in accordance with this Section. B. Within 90 days of receipt of the stud…

A. The board may award an honorary diploma to qualifying students who left high school before graduating to serve in the United States Armed Forces during World War II, the Korean Conflict, or the Vietnam War. 1. Veterans shall meet the following criteria to be eligible for an ho…

A. Permanent Trust Fund. The Kevin P. Reilly, Sr Louisiana education quality trust fund (permanent trust fund), effective January 1, 1987, is a trust fund for education, established by La. Const. art. VII , §10.1 and R.S. 17:3801 et seq. 1. - 7. Repealed. B. Support Fund 1. The L…

A. The following terms apply to this Subpart. 8(g) Advisory Council -an advisory council to BESE, which operates in accordance with LAC 28:I.503.C.1. 8(g) Program and Budget -consists of broad classifications of funding methods and/or programs and the total amount of money the bo…

A. The composition, duties, and responsibilities of the 8(g) Advisory Council are in accordance with LAC 28:I.503.C.1. 1. - 4. Repealed. Notes La. Admin. Code tit. 28 , § I-2301 Promulgated by the Board of Elementary and Secondary Education, LR 38:3143 (December 2012), Amended LR…

A. Expenditure of Support Fund Monies. The board will conduct at least one hearing annually to receive public input, ideas, and suggestions for programs and objectives for the expenditure of support fund money for elementary and secondary schools. B. Conduction of Public Hearings…

A. Every fiscal year, the board will establish the 8(g) program and budget for expenditure of support fund monies which are anticipated to become available in the following fiscal year. Notes La. Admin. Code tit. 28 , § I-2701 Promulgated by the Board of Elementary and Secondary …

A. Annual Support Fund Priorities. In accordance with La. Const. art. VII , §10.1 and R.S. 17:3801 et seq., the board: 1. will establish support fund priorities on an annual basis for the disbursement of funds; and 2. may specify types of educational programs or projects that wil…

A. The board, in its sole discretion, may: 1. allot a specific amount or a percentage of support fund monies for expenditures necessary to implement specific statewide educational projects mandated by the board; and 2. issue general or specific requests for projects for the devel…

A. Program Administration. The board will determine the percentage of anticipated support fund revenues which will be set aside to pay for costs associated with the administration of the 8(g) program in accordance with R.S. 17:3802 . Such administrative set-aside will not exceed …

A. Annual 8(g) Program and Budget Summary. A summary of the adoption of the annual 8(g) program and budget: 1. will be posted on the BESE website; 2. contains educational objectives, broad classifications of funding methods, and/or programs to receive budgetary priorities, includ…

A. Application Submittal Time Frame. Applications for support fund monies may be submitted by eligible applicants for the following periods of time: 1. for periods of less than one fiscal year; 2. for periods which correspond with the beginning and ending dates of one fiscal year…

A. Funding. Funding determinations will be finalized by the board for projects to be funded as of July 1. B. Notification. Applicants will be notified of the disposition of projects following approval by the board. Notes La. Admin. Code tit. 28 , § I-2723 Promulgated by the Board…

A. Projects which anticipate across-the-board increases in the per-student allocation for instructional materials are not eligible for funding in this category, since such allocations will be addressed by the board on a statewide basis. B. An example of projects eligible for supp…

A. The program must clearly demonstrate that appropriate implementation will result in improved student achievement at the elementary/secondary level. B. In the program, there must be a clear correlation between the activities to be implemented and the results to be achieved. Not…

A. An eligible applicant may receive funding for a program which is limited to educational research. 1. - 2. Repealed. B. The following requirements apply to an applicant seeking funds for a "pilot program" and include, but are not limited to, the following. The applicant must: 1…

A. School Remediation Programs. School remediation programs must: 1. be designed for a specific target population that is clearly identified; 2. substantiate, by provision of educational performance data acceptable to the board, the need of the target population; 3. included in t…

A. Eligible projects for foreign language instruction programs in elementary and secondary schools must: 1. be designed for a specific target population that is clearly identified; 2. offer foreign language instruction designed to improve overall academic performance of students;…

A. Each grantee shall submit a claim for reimbursement, in the form prescribed by the board. Grantees may request reimbursement of expenditures on a monthly basis. B. Claims for reimbursement must conform to the budget approved by the board for each project. C. Budget amendments …

A. The Department of Education will submit to the board a quarterly report showing all expenditures in each project no later than 30 days after the close of each quarter. Notes La. Admin. Code tit. 28 , § I-2903 Promulgated by the Board of Elementary an d Secondary Education in L…

A. Each recipient of support funds (which is not a public or quasi-public entity that is a budget unit of the state) must provide a written report to the BESE office concerning the use of funds and progress on meeting goals and objectives of the project by March 1. Notes La. Admi…

A. Each support fund grantee shall submit a final programmatic report to the board within 60 days after the close of a project period. The final programmatic report must include, but will not be limited to, the following: 1. benefits achieved by the program; 2. evidence of compli…

A. The Board of Elementary and Secondary Education is created as a body corporate. It shall supervise and control the public elementary and secondary schools under its jurisdiction and shall have budgetary responsibility of all funds appropriated or allocated by the state for tho…

A. The board shall consist of 11 members. One member shall be a resident of and shall be elected by the electors of each of the BESE districts. With consent of the senate, three members shall be appointed by the governor from the state at large. Members shall serve terms of four …

A. The board shall elect a president, a vice-president, and a secretary-treasurer from its membership whose terms of office are fixed by the board, not to exceed one year. These officers shall assume their duties at the board meeting immediately following their election. B. The p…

A. The board exercises its supervision and control over the public elementary and secondary schools under its jurisdiction, and exercises its budgetary responsibility for all funds appropriated or allocated by the state for public elementary, and secondary schools placed under it…

A. Appointment 1. The state superintendent shall be appointed by a two-thirds vote of the total membership of the board, subject to confirmation by the senate. 2. The board shall enter into a contract with the state superintendent that delineates the terms and conditions of emplo…

A. Functions of the Special School District 1. The special school district is a local education agency that includes Louisiana Schools for the Deaf (LSD) and Louisiana School for Visually Impaired (LSVI) and the special school programs, an education service agency. The special sc…

A. Establishment 1. The recovery school district is established as an intermediate educational unit administered by the LDE, subject to the approval of the board, to provide an appropriate education for children attending any public elementary or secondary school operated under t…

A. The board shall employ staff to discharge the constitutional and statutory functions of the board as policymaker for elementary and secondary education. B. The executive director shall be selected and appointed by the board and shall serve as the agency head responsible for al…

A. As a means of assisting the board in the exercise of its powers and responsibilities as defined in the constitution and by law, committees are created. B 1. Academic Goals and Instructional Improvement Committee. The following are examples of issues that will be considered by …

A. Functions. In general, the function of an advisory council is to advise the board, directly or through its committees, in the discharge of its policymaking, supervisory control, and budgetary duties and responsibilities. Specific functions of an advisory council are determined…

A. Special advisory groups may be created by the board with a limited charge and scope to study a specific topic as referred by the board. Such groups shall adhere to all advisory council officers, membership, and meetings policies, as described for BESE Advisory Councils. The fo…

A. BESE is an agency identified in R.S. 42:17.2(I) to which open meetings via electronic means shall not apply. B. Public notice for a meeting shall include the contact information of the agency representative to whom a disability accommodation request may be submitted. C. Where …

A. Compliance with the Open Meetings Law. All meetings of the board, its committees, and advisory councils shall be conducted according to provisions of the Open Meetings Law. B. Public Notice. Public notices for regular and special meetings of the board, its committees, and its …

A. These rules and any amendment adopted in conformity with these provisions shall govern the operating procedures of the Board of Elementary and Secondary Education (BESE), its officers and staff, its committees and advisory councils, and the State Superintendent of Education of…