RS 17:1964 Board of directors; creation; membership; terms; powers, duties, and functions; voting; compensation - Louisiana Statutes

§1964.  Board of directors; creation; membership; terms; powers, duties, and functions; voting; compensation

A.  There is hereby created a board of directors for the school, sometimes hereinafter referred to as the "board".  The board shall be composed of twenty-four members as follows:

(1)  The president of the state board or his designee.

(2)  The state superintendent or his designee.

(3)  The commissioner of higher education or his designee.

(4)  The assistant superintendent of special education for the department or his designee.

(5)  The assistant superintendent for academic programs for the department or his designee.

(6)  The dean of education of Northwestern State University of Louisiana at Natchitoches.

(7)  Two members of the House Committee on Education who shall be appointed by the chairman of that committee.

(8)  Two members of the Senate Committee on Education who shall be appointed by the chairman of that committee.

(9)  The president of the Louisiana Superintendent's Association.

(10)  The president of the Louisiana Association for the Gifted and Talented.

(11)  One teacher who shall be a member of the faculty of the school and who shall be elected by the members of such faculty.

(12)  Eight persons who shall be appointed by the governor.  Each appointment by the governor shall be submitted to the Senate for confirmation.

(13)  The section chief for gifted and talented services within the office of special education services of the department.

(14)  One teacher who shall be appointed by the state superintendent from the state at large and confirmed by the Senate.

(15)  The president of the Louisiana School of Math, Science, and the Arts Alumni Association or his designee.

B.  The terms of the members of the board shall be for four years and shall run concurrently with the terms of all statewide elected officials.  The terms of the initial members shall commence with their appointment and shall end when their successors take office on the second Monday of March, 1984, however, members may succeed themselves.

C.  The board is hereby authorized to:

(1)  Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private person or agency and comply with rules and regulations governing grants from the federal government or from any other person or agency, which are not in contravention of the constitution and laws.

(2)  Purchase land and equipment and make improvements to facilities necessary for the use of the school, in accordance with applicable law.

(3)  Lease land or other property belonging to it or to the school, subject to approval of the commissioner of administration and in accordance with law.

(4)  Sell or exchange land or other real property not needed for school purposes, but only when specifically authorized by law and then only in accordance with the procedures provided in R.S. 41:892 for the sale of unused school lands.  The sale shall be authorized by resolution adopted by the board, and the act of sale shall be signed by the president of the board or such other person to whom the signing may be delegated by the board in the authorizing resolution.

(5)  Adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of the business of the board.

(6)  Award certificates and issue diplomas for successful completion of programs of study.  All such certificates and diplomas shall be in addition to a regular high school diploma which shall be issued by the state board in accordance with the provisions of R.S. 17:6(11) to any student who successfully completes the program of study adopted by the board.

(7)  Enter into contracts and agreements which have been recommended by the director, in accordance with applicable law, and to the extent that funds are specifically appropriated therefor, with other public agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting education in the school.  This shall not preclude the board from entering into other such contracts and agreements that it may deem necessary to carry out its duties and functions.

(8)  Perform such other functions as are necessary to the supervision and control of those phases of education under its supervision and control.

(9)  The board shall delegate to the director such of its powers and duties as it deems appropriate to aid the director in the efficient administration of his responsibility for the implementation of the policies of the board.

D.  In addition to the authorities granted herein and any powers, duties, and responsibilities vested by any other applicable laws, the board shall:

(1)  Adopt rules, regulations, and policies necessary for the efficient operation of the school.

(2)  Establish criteria to be used in determining eligibility of applicants for enrollment.

(3)  Determine subjects and extracurricular activities to be offered.  Such subjects shall initially be subject to approval by the state board, and thereafter, changes in the subjects shall be subject to approval by the state board.

(4)  Select a director who shall be the chief administrative officer of the school and who shall administer the rules, regulations, and policies adopted by the board pursuant hereto.  The director shall also be the chief administrative officer of the board and shall be responsible for all the administrative functions, duties, and needs of the board.  Until such time as the board selects a director, the state superintendent of education shall serve as the chief administrative officer of the board and shall be responsible for the duties of the director as they relate to the board.  The state superintendent of education shall relinquish such administrative duties to the director when such director officially assumes his duties with the board.

(5)  Determine faculty and staff positions necessary for the efficient operation of the school and select personnel for such positions.

(6)  Prepare and adopt an annual budget necessary for the continued operation of the school.

(7)  Pay the expenses of the board and its members and the salaries and expenses, including but not necessarily restricted to facilities, equipment, and supplies of the faculty and staff of the school out of funds appropriated or otherwise made available for the operating and administrative expenses of the board and the school.

(8)  Exercise budgetary responsibility and allocate for expenditure by the school and programs under its jurisdiction all monies appropriated or otherwise made available for purposes of the board and of such school and programs.

(9)  Prescribe and select for use in the school free school books and other materials of instruction for children enrolled in the school and programs under its jurisdiction for which the legislature provides funds.  Wherever practical, the board shall select the same school books and other materials of instruction as are adopted by the state board.

(10)  Prepare and adopt or approve programs of study and rules, bylaws, and regulations for the discipline of students and for the government of the school and programs under its jurisdiction, which shall not be inconsistent with law and which shall be enforced by the staff and faculty of the school.  Such programs of study shall initially be subject to approval by the state board, and thereafter, any changes in such programs of study shall be subject to approval by the state board.

(11)  Notwithstanding any provisions of law to the contrary, prescribe the qualifications and provide for the certification of teachers.  Such qualifications shall initially be subject to approval by the state board, and thereafter, any changes in such qualifications shall be subject to approval by the state board.

(12)  Notwithstanding any provision of law to the contrary, especially R.S. 17:441 et seq., adopt rules and regulations under which faculty members may become permanent employees of the school.

(13)  Develop and adopt a formula or system under which students shall be admitted.  Such formula or system shall be sufficient to insure that at least one qualified applicant for admission from within the geographical boundaries of each city and parish school system shall be admitted to the school each year.  If no qualified applicant from a city or parish public school system applies for admission, then the slot(s) available to that school system shall be lost to that system for that school year and shall be reallocated by the board to provide for the admission of qualified applicants from other public systems.

(14)  Adopt rules and regulations to provide for the evaluation of any applicant who has not been evaluated but who meets all other criteria for participation in the program.

(15)(a)  Impose room, board, and other fees for all full-time students, with the provision that any student who is incapable of paying such fees due to economic hardship shall be exempt from or subject to reduction of the requirements of this Paragraph.

(b)  Effective June 1, 2000, and in accordance with the provisions of Article VII, Section 2.1(A) of the Constitution of Louisiana, the board may increase the amount of any or all of the following fees imposed for students attending the school up to the following maximum amounts:

(i)  For room and board for the regular school year, one thousand dollars per year.

(ii)  For security deposit, one hundred fifty dollars per year.

(iii)  For computer use, twenty-five dollars per year.

(iv)  For science laboratory for juniors and seniors, twenty-five dollars per year.

(c)  Additionally, the board may impose a new room and board fee for students attending the school during a summer session, and such fee shall not exceed four hundred dollars per student per summer session.

(16)  Establish criteria to be used in determining those students who shall be exempt from the requirements of Paragraph (15) of this Subsection.

(17)  Develop and adopt a policy providing for sabbatical leave for certified employees in accordance with the provisions of R.S. 17:1170 et seq.

E.  Ten members of the board shall constitute a quorum for the transaction of business, and all official action of the board shall require the favorable vote of a majority of those members present and voting.  All members of the board, including ex officio members, shall be voting members.

F.  Members of the board shall be compensated for all actual vouchered expenses incurred in the performance of their duties and functions as required by this Chapter.  Such expenses shall be paid by the Division of Administration from funds appropriated therefor by the legislature and upon the warrant of the board.

G.  The board of directors shall serve as the local educational agency for the school.

Added by Acts 1981, No. 932, §1, eff. Sept. 1, 1982.  Amended by Acts 1982, No. 151, §1, eff. July 12, 1982; Acts 1985, No. 89, §1; Acts 1986, No. 292, §1; Acts 1999, No. 698, §1; Acts 2000, 1st Ex. Sess., No. 19, §1, eff. June 1, 2000; Acts 2004, No. 503, §1, eff. June 25, 2004; Acts 2008, No. 362, §1.