reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1105 - Course Property [Formerly LAC 25:XI.505]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall intentionally remove,
				damage, destroy, or disturb course property or the property of another course
				visitor, without the consent of the owner. Such "property" shall include but is
				not limited to structures, signs, movables, markers, natural features, holes,
				grass or other plants or landscaping, or wildlife.
B. Smoking is prohibited except in designated
				areas. No outside alcoholic beverages are allowed on course property.
C. No person shall throw, drop, deposit,
				discard, permit the intentional or accidental ejection, emission, or escape of,
				or otherwise dispose of litter upon course property.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1107 - Golfing Etiquette [Formerly LAC 25:XI.507]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All golfers must use proper golfing
				etiquette at all times. This includes but is not limited to maintaining the
				proper pace of play and allowing incoming groups to play through if necessary.
				Golfers should repair divots in the fairway and ball marks on greens.
B. Proper attire, including shirt and shoes,
				must be worn by all golfers at all times. Proper attire for men includes
				sleeved and collared or semi-collared shirts; hemmed non-denim pants or shorts
				April 1-October 31 (denim acceptable November 1-March 31 at the discretion of
				the pro shop staff); and soft-spike shoes. Proper attire for women includes
				collared or semi-collared shirts; hemmed non-denim pants, shorts, or skirts;
				and soft-spike shoes.
C. Groups of
				more than five golfers will only be allowed to play in a group together on the
				course with special permission from the director. Single golfers will only be
				allowed if the course is clear or with special permission from the
				director.
D. Children under 6 years
				old are not allowed on the course without special permission from the director.
				When on a golf cart, children between and including age 6 to age 16 must be
				accompanied by an adult.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1109 - Disorderly Conduct [Formerly LAC 25:XI.509]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Disorderly or boisterous conduct is
				forbidden.
B. The director is
				authorized to control the use and consumption of alcoholic beverages on the
				course. The consumption of alcoholic beverages may be allowed to the extent
				that such activity does not adversely affect the use and enjoyment of the
				course by others.
C. No loud or
				otherwise disruptive pets will be allowed at the course. The director or other
				authorized course employees will have discretion to determine which pets are
				not allowed. Owners will be responsible for their pets, including keeping the
				pets under control, cleaning up after the pets, and the payment of restitution
				for any damage caused by the pets.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1111 - Business Solicitation [Formerly LAC 25:XI.511]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person may sell or offer for sale any
				merchandise or service at the course without the written consent of the
				assistant secretary, subject to applicable laws, rules, and policies of the
				state.
B. No person may distribute,
				post, place, or erect any advertising device at the course without the written
				consent of the assistant secretary, subject to applicable laws, rules, and
				policies of the state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1113 - Trespass [Formerly LAC 25:XI.513]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall enter course property
				except at designated public access points or unless possessing permission from
				authorized agents of the course.
B.
				No person shall enter the course when the course is closed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1115 - Vehicle Use [Formerly LAC 25:XI.515]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions of the Louisiana Highway
				Regulatory Act (R.S. 32:1
				et seq.) and any rules and regulations promulgated thereunder shall be enforced
				on course property.
B. Automobiles,
				trucks, motorcycles, bicycles, recreation vehicles, or any other wheeled
				vehicles, excluding golf carts, must be operated only on those roads, lanes, or
				byways designated for vehicular traffic unless otherwise specifically
				authorized by the director.
C. Golf
				carts must be driven only on the cart paths at tees and greens. Golf carts may
				not be driven in the heavy rough areas.
D. Vehicles, including recreational vehicles,
				motorcycles, and trailers, shall be parked only in designated parking areas
				unless otherwise specifically authorized by the director or his
				designees.
E. No person shall
				operate a vehicle in excess of the posted speed limit.
F. No unauthorized person may remove any
				barrier to gain access to a restricted area.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1117 - Fines and Enforcement [Formerly LAC 25:XI.517]

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to any other penalty provided
				by law, persons violating these rules and regulations are subject to
				administrative fines for each violation, eviction from the course, and/or
				restitution to the DCRT for damages incurred.
B. At the director's discretion, any person
				who is evicted from the course for disciplinary reasons may be banned from the
				course for one year.
C. If a person
				is delinquent in paying for damage incurred, the DCRT reserves the right to
				refuse privileges to that person pending receipt of such restitution.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1119 - Operating Schedule [Formerly LAC 25:XI.519]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The course operating schedule will be set
				at the discretion of the director based on user demand, course conditions,
				budgetary reductions, legislative mandates, construction and maintenance,
				availability of staff and other resources, and other relevant factors. The
				hours of operation will be posted at the course.
B. The director may direct the closing of the
				course to public use when or if any natural or man-made occurrence has
				affected, or is expected to affect, the operation and management of the course
				to a degree normal public use and enjoyment are altered, or when such use might
				impair the health, safety, and well-being of the public or the course
				employees.
C. The director may also
				close portions of the course for reasons provided in Subsections A or B or for
				any other relevant factor.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1121 - Course Fees [Formerly LAC 25:XI.521]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fees
The maximum fees that may be charged for
							 reservations or use of the course and its services and facilities are as
							 follows, taxes not included:
Maximum Fee
Greens fee per golfer, including shared cart and
							 range balls
$75
Second tee time
$40/per golfer
Annual pass
$2800
Driving range
$15/hour
Cart rental, 18 holes
$18/rider
Cart rental, 9 holes
$10/rider
B.
				From time to time, as deemed appropriate by the assistant secretary or his
				designee, special programs, rates, discounts on course fees, or package deals
				may be offered in order to promote the course or encourage visitation, e.g., on
				weekdays or during off-peak golfing months.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1123 - Reservation Policy [Formerly LAC 25:XI.523]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Tee time reservations will be taken one
				month in advance. A credit card or other form of deposit will be required to
				secure a time. Reservations will be accepted only from persons 18 years of age
				or older.
B. Groups will be allowed
				to book two, three, four, or five players per time slot. On weekends and
				holidays, groups will only be allowed to book fivesomes after 10 a.m.
C. Cancellation of reservations must be made
				at least 24 hours in advance. Cancellations made within 24 hours of the
				scheduled tee time might be subject to a 50 percent surcharge. A change of
				reservation date or time will be considered a cancellation and treated
				accordingly.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1125 - Refunds [Formerly LAC 25:XI.525]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rain checks will be issued at the
				discretion of the director for unfavorable changes in weather conditions, so
				long as the conditions stay unfavorable for golfing for more than 30 minutes.
				Credit will be given only for the percentage of holes not completed.
B. Refunds will not be issued to persons
				evicted for violations of these rules.
C. Refunds will not be issued to persons who
				choose to leave the course as a result of inclement weather before the director
				has decided that the change in weather will persist for more than 30
				minutes.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1127 - Tournament Procedure [Formerly LAC 25:XI.527]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fees
The maximum deposit fees that may be charged
							 for tournament reservations are as follows:
Maximum Fee
Under 20 Players
$100
21-50 Players
$200
Over 51 Players
$300
1. Deposit fees
				may be waived at the director's discretion for a group that previously hosted a
				successful tournament.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1129 - Golf Cart Rental [Formerly LAC 25:XI.529]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A valid driver's license is required to
				rent a golf cart. The renter must be able to safely use the cart while it is
				under his control.
B. Carts must be
				returned immediately after completion of play, in as good condition as
				originally rented. Any person who damages a golf cart under his or her rental
				control agrees to pay for necessary repairs.
C. Any person who rents a golf cart agrees to
				hold the course harmless for any damage caused to any person or the cart by its
				operation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part IX - Office of State Parks › Chapter 11 - Black Bear Golf Course › Section IX-1131 - Golfer Safety [Formerly LAC 25:XI.531]

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the first sign of lightning in the
				immediate area, a course representative will drive course to communicate
				suspension of play. Those who remain on the course after the lightning warning
				is given will be playing at their own risk.
B. All persons must exercise reasonable care
				while using course facilities and follow safety rules at all times. Each person
				assumes liability for his or her own safety, and the DCRT will not be
				responsible for accident or injury to any person or to others caused by that
				person's own recklessness.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:204.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part XI - Office of the Secretary › Chapter 1 - Byways › Section XI-101 - Segmentation of Louisiana Byways

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Byway designations do not have to be contiguous. A specific segment of an
				existing or proposed Louisiana byway may be excluded from the Louisiana byway
				system upon the recommendation to, and determination by, the secretary of the
				Department of Culture, Recreation and Tourism (secretary) as provided by
				R.S.
				56:1948.7. The local byway authority,
				commission or entity (commission) of each respective byway may recommend to the
				secretary a de-designation or exclusion of a byway segment if said portion does
				not contain the intrinsic values of natural, recreational, archaeological,
				scenic, cultural or historical features as described in
				R.S.
				56:1948.2 and
				56:1948.3.
				The beginning and ending of any excluded segment will be at those points of
				visible change in the appearance of the adjacent features along the
				byway.
B. Local agencies,
				organizations or interested residents of the parish in which a segment of a
				proposed or existing byway area exists may petition, in writing, the local
				commission for a hearing on the exclusion of a segment of the local byway. This
				hearing shall be held within 30 days of the commission's receipt of the
				petition from the applicant, and reasonable notice of the time and date of the
				hearing shall be given to the applicant.
C. Within 10 days of the hearing, the
				commission shall submit to the secretary a resolution stating the commission's
				recommendation to either concur with or deny the applicant's request for
				exclusion. The recommendation of the commission is not a final decision on the
				issue of exclusion. All commission recommendations are forwarded to the
				secretary for his consideration and final decision. The commission's resolution
				must provide written reasons for its recommendation and shall include the
				following:
1. identification of the byway at
				issue and as designate in accordance with R.S. 56:1948 et seq.;
2. identification of the entity that proposed
				the byway in accordance with
				R.S.
				56:1948.4;
3. identification of the beginning and ending
				of the segment recommended to be excluded, measured in relation to permanent
				public features of the byway such as intersecting highways, municipal and
				parish boundaries and public buildings;
4. a description of the zoning on the
				adjacent land, including the name of the zoning authority, if zoned; or if
				unzoned, a description of the commercial or industrial activities located on
				the adjacent land, including the name of any businesses and the boundaries of
				the regularly used areas of such businesses;
5. a report of the differences between the
				segment to be excluded and the criteria for Louisiana byway designation in
				R.S.
				56:1948.2 and
				R.S.
				56:1948.3.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part XI - Office of the Secretary › Chapter 3 - Atchafalaya Trace Heritage Development Zone › Section XI-301 - Statement of Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				with Act 112 of the First Extraordinary Session of 2002 enacting the
				Atchafalaya Trace Heritage Area Development Zone and pursuant to the
				Administrative Procedure Act,
				R.S.
				49:950 et seq., the Atchafalaya Trace
				Commission adopted these rules to provide for the application, review and
				recommendation process for heritage-based cottage industries in the Atchafalaya
				Trace Heritage Area to obtain tax credits.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  25:1224.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part XI - Office of the Secretary › Chapter 3 - Atchafalaya Trace Heritage Development Zone › Section XI-303 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose and
				intent of this Chapter are:
1. to provide
				specific tax incentives for heritage-based cottage industries in the
				geographical area known as the Atchafalaya Trace Heritage Area; and
2. to assist individuals and businesses
				engaged in heritage-based commercial activities in obtaining capital and tax
				incentives through existing programs administered by federal, state, and local
				agencies.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part XI - Office of the Secretary › Chapter 3 - Atchafalaya Trace Heritage Development Zone › Section XI-307 - Application for Tax Credit or Exemption

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant for tax credits or exemptions
				under
				R.S.
				25:1226.4 shall provide the following:
1. name of business-this shall be the
				complete legal name of the business;
2. parent company, if applicable;
3. physical address:
a. principal place of business;
b. each location where significant operations
				of the business occur;
4. ownership information-this shall include
				all owners, either direct or through ownership of stock or partnership
				shares;
5. parish of residence for
				all owners listed in §307. A 4;
6. parish in which the principal place of
				business is located;
7. parish in
				which any significant operations of the business occur;
8. type of business entity;
9. contact information;
10. tax information:
a. federal tax identification number or
				social security number for all persons or entities listed in §307.
				A 4;
b. Louisiana Department of
				Revenue tax identification number;
c. Louisiana Unemployment Insurance
				identification number;
11. current employment information:
a. total number of employees:
i. full-time;
ii. part-time;
b. number of employees at each location
				listed in §307. A 3;
c. list
				of the names, job titles, and Social Security numbers of all
				employees;
12.
				description of business, including the business's use or access to cultural and
				natural heritage of the Atchafalaya Heritage Area;
13. gaming activities, if any, conducted by
				the business.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part XI - Office of the Secretary › Chapter 3 - Atchafalaya Trace Heritage Development Zone › Section XI-309 - Criteria for Reviewing Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The review board shall review the
				applications for tax credits and exemptions using the following criteria:
1. the specific cultural heritage resource or
				natural heritage resource being utilized;
2. the purpose for which the resource is
				utilized;
3. the relationship of
				that purpose or final product to the cultural heritage or natural heritage of
				the Atchafalaya Heritage Area;
4.
				the degree to which the purpose or final product relates to or expresses the
				unique character and characteristics of the Atchafalaya Heritage
				Area;
5. the location and ownership
				of the business;
6. the residence
				of the owner and each qualifying employee.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 1 - General Provisions › Section I-101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
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 the Louisiana Department of Education
				  (LDE).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 17:6(A)(10).
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 1 - General Provisions › Section I-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
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 some other position that is held.
House
-the Louisiana House of
					 Representatives.
Louisiana Department of Education
or
LDE-
the Louisiana Department of Education, the administrative
					 arm of the Board of Elementary and Secondary Education.
RSD
-the Recovery School District.
Senate
-the Louisiana Senate.
State Superintendent
-the Louisiana
					 superintendent of education, who shall be the chief administrative officer of
					 the Louisiana Department of Education and shall administer, coordinate, and
					 supervise the activities of the LDE in accordance with law, regulation, and
					 policy.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 17:6(A)(10).
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 1 - General Provisions › Section I-105 - Effective Period

Current through Register Vol. 50, No. 6, June 20, 2024
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.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:951 et
					 seq.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 3 - Composition and General Authority › Section I-301 - Creation

Current through Register Vol. 50, No. 6, June 20, 2024
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 those schools, all as provided by law. The board
				  shall have other powers, duties, and responsibilities as provided by the
				  Louisiana 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, in accordance with law, 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
				  Louisiana Constitution, Article VIII, §13, any local contribution required
				  by Article VIII, §13, 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.
AUTHORITY
					 NOTE: Promulgated in accordance with Article VIII, Section
					 3.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 3 - Composition and General Authority › Section I-303 - Membership and Terms

Current through Register Vol. 50, No. 6, June 20, 2024
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 years, which shall be concurrent with the
				  term of the governor. Members shall serve until their successors are selected
				  and take office.
B. 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.
AUTHORITY NOTE:
					 Promulgated in accordance with Article VIII, Section 3;
					 R.S.
					 17:1; and
					 R.S.
					 17:2.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 3 - Composition and General Authority › Section I-305 - Election of Officers and Their Duties

Current through Register Vol. 50, No. 6, June 20, 2024
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 president shall
				  conduct board meetings and perform duties designated by the board or by
				  statute. The president shall appoint members of committees of the board. The
				  president shall sign, on behalf of the board, contracts, agreements, and/or
				  official documents approved by the board. The president is authorized to make
				  ad hoc decisions for the board in emergency situations when the board is not in
				  regular or special session and where policies and statutes are silent. However,
				  excluding emergency contract approval outlined in
				  §1103.C.5 of this Part,
				  any such decisions that constitute an obligation, official position, or action
				  of the board are subject to ratification by the board at the next scheduled
				  meeting.
1. An emergency condition is a
				  situation which creates a threat to public health, welfare, safety, or public
				  property such as may arise by reason of floods, epidemics, riots, equipment
				  failures, or such other reason as proclaimed by the state superintendent. The
				  existence of such condition creates an immediate and serious need for action by
				  the board that cannot be met through normal board procedures and the lack of
				  which would seriously threaten:
a. the
				  functioning of Louisiana government;
b. the preservation or protection of
				  property; or
c. the health or
				  safety of any person.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 3 - Composition and General Authority › Section I-309 - State Superintendent

Current through Register Vol. 50, No. 6, June 20, 2024
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 employment. The length of the contract
				  shall be determined by the board, but may not extend past the end of the term
				  of office of the board members making the appointment, except that the contract
				  may provide that the state superintendent may serve until the succeeding board
				  has made an appointment.
3. Any
				  vacancy in the office of the state superintendent which occurs prior to the
				  expiration of the term of his/her contract shall be filled for the remainder of
				  the unexpired term by the method of appointment provided herein.
4. The board shall delegate to the state
				  superintendent such of its powers and duties as it deems appropriate to aid the
				  state superintendent in the efficient administration of his/her responsibility
				  for the implementation of the policies of the board.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 3 - Composition and General Authority › Section I-311 - The Special School District

Current through Register Vol. 50, No. 6, June 20, 2024
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
				  school district is available to all eligible students regardless of their place
				  of residence within the state.
a. LSD and
				  LSVI are state-operated schools providing educational programs and services for
				  residential and/or day students. LSD and LSVI are established to provide a free
				  appropriate public education for children with low incidence disabilities who
				  meet the admission criteria (i.e., deaf, blind, orthopedically impaired) for
				  each such special school and who are enrolled in such special school.
b. The special school programs, an education
				  service agency, provide educational services to students enrolled in
				  state-approved programs in non-traditional settings such as those provided by
				  the Department of Health's Office for Citizens with Developmental Disabilities
				  and the Office of Behavioral Health, the Office of Juvenile Justice, and the
				  Department of Public Safety and Corrections.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 3 - Composition and General Authority › Section I-313 - The Recovery School District

Current through Register Vol. 50, No. 6, June 20, 2024
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 the
				  jurisdiction and direction of any city, parish, or other local public school
				  board or any other public entity, which has been transferred to its
				  jurisdiction pursuant to
				  R.S.
				  17:10.5 or 10.7.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 3 - Composition and General Authority › Section I-315 - Board Staff

Current through Register Vol. 50, No. 6, June 20, 2024
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
				  all administrative and fiscal operations of the board.
C. The executive director shall appoint
				  unclassified administrative staff.
D. Classified staff are hired by the
				  executive director in accordance with procedures approved by the Louisiana
				  Department of Civil Service.
E. In
				  general, duties of the staff include the following:
1. provide professional staffing functions
				  for all committees of the board, including the appellate functions related to
				  the quasi-judicial actions of the board acting as the administrative agency of
				  last resort prior to regular judicial proceedings;
2. assist in the policymaking functions,
				  including the formulation and maintenance of regulating bulletins and
				  rules;
3. answer inquiries (verbal
				  and written) from and for board members;
4. provide staffing services to advisory
				  councils established by the board and educational commissions established by
				  the legislature. The board staff shall serve as secretariat to the advisory
				  councils of the board. Secretarial services shall include the preparation of
				  agenda and minutes, both of which shall be prepared according to regular office
				  procedures of the board. The executive director shall supply each advisory
				  council with a staff person who shall serve as an aide to the chair of the
				  council and serve as a representative of the executive director for the purpose
				  of coordinating activities of the advisory councils and the committees of the
				  board;
5. provide necessary support
				  services for BESE in its joint functions with the Board of Regents;
6. staff all board meetings and maintain
				  official records and notifications of board action;
7. provide oversight for the distribution and
				  monitoring of 8(g) funded programs;
8. monitor the LDE's development and
				  implementation of charter school policy and its oversight of charter schools
				  authorized by BESE;
9. testify at
				  legislative hearings, as appropriate; and
10. provide any additional support services
				  deemed necessary for the board to perform its constitutional and statutory
				  duties.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 5 - Organization › Section I-501 - Committees

Current through Register Vol. 50, No. 6, June 20, 2024
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 the Academic Goals and
				  Instructional Improvement Committee.
a.
				  Primary areas of responsibility (AOR):
i.
				  accountability, academic standards, and assessment;
(a). increasing accountability; and
(b). common standards policy
				  concepts;
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 5 - Organization › Section I-505 - Special Advisory Councils/Task Forces/Commissions/Study Groups

Current through Register Vol. 50, No. 6, June 20, 2024
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
				  following are created:
1. MFP Task Force. The
				  Task Force will be convened upon, annually and/or as needed, by the BESE chair
				  of the Administration and Finance Committee and BESE President in order to
				  advise BESE in the development of the MFP formula as it applies to the
				  distribution of funding of public schools.
a.
				  authority-per BESE policy;
b.
				  membership-28 members consisting of the following:
i. six ex-officio representatives as follows:
(a). AF committee chair (serves as task force
				  chair);
(b). two AF committee
				  members;
(c). state superintendent
				  of education;
(d). member of the
				  house;
(e). member of the
				  senate;
ii. four
				  designated (non-voting) representatives as follows:
(a). nonpublic school council
				  representative;
(b). Louisiana
				  Association of Special Education Administrators;
(c). Teachers Retirement System of
				  Louisiana;
(d). Louisiana School
				  Employees' Retirement System;
iii. eleven designated representatives as
				  follows:
(a). governor's
				  representative;
(b). Louisiana
				  School Boards Association;
(c).
				  Associated Professional Educators of Louisiana;
(d). Louisiana Association of
				  Educators;
(e). Louisiana
				  Federation of Teachers;
(f).
				  Council for a Better Louisiana;
(g). Louisiana Association of Business and
				  Industry;
(h). Public Affairs
				  Research Council of Louisiana;
(i).
				  Louisiana Association of School Business Officials;
(j). Stand for Children;
(k). Early Childhood Advisory Council
				  representative; and
iv.
				  seven BESE appointments as follows:
(a).
				  superintendent (large district);
(b). superintendent (small
				  district);
(c). charter schools
				  representative;
(d). principal
				  representative;
(e). K12 public
				  school classroom teacher;
(f).
				  public school parents.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 7 - Operations › Section I-701 - Public Meeting Notice

Current through Register Vol. 50, No. 6, June 20, 2024
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 advisory councils shall be made as required by Louisiana's Open
				  Meetings Law. A 24-hour written public notice shall be given of any regular,
				  special, or rescheduled meeting of the board, its committees, and its advisory
				  councils. The 24-hour public notice shall include the agenda, date, time, and
				  place of the meeting, as posted on the BESE website.
C. Cancellations. Cancellations of any board
				  or committee meetings shall be made after a 24-hour public notice of the
				  cancellation. In the event of the absence of a quorum at the scheduled time and
				  place of the meeting, the meeting shall be cancelled because a quorum must be
				  present in order that official business may be legally transacted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 17:6(A)(10),
					 R.S.
					 42:14, and
					 R.S.
					 42:19.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 7 - Operations › Section I-703 - Regular and Special Meeting Schedules

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S. 17 requires the board to meet in
				  regular session in January of each year and at such other times as are fixed by
				  the board.
B. The board and
				  committee meeting schedules for future calendar years are submitted to the
				  board for approval in October.
C.
				  Regular Board Meetings. Generally, regular meetings of the board shall convene
				  on the third Wednesday of the month. A simple majority of board members may
				  agree to meet on another day.
D.
				  Special Board Meetings. Special meetings of the board may be held upon call of
				  the president, and the president shall call a special meeting whenever
				  requested to do so by a majority of the total members of the board.
E. Joint Board of Regents (BOR)/BESE
				  Meetings. The Board of Regents shall meet with BESE at least twice a year to
				  coordinate programs of public elementary, secondary, vocational-technical,
				  career, and higher education.
F.
				  Regular Committee Meetings. The chair of each committee of the board shall
				  conduct regular committee meetings at such times as scheduled for consideration
				  of agenda items.
G. Special
				  Committee Meetings. Special meetings of a committee may be held upon call of
				  the committee chair, and the chair shall call a special meeting whenever
				  requested to do so by a majority of the total named members of the
				  committee.
H. Committee of the
				  Whole
1. The board may, if it so desires,
				  constitute itself as a committee rather than as a full body and proceed to
				  discuss matters as if it were in a committee, i.e., with relaxed
				  rules.
2. When the board convenes
				  itself as a Committee of the Whole, it acts as any committee. Its discussion is
				  limited to the agenda item(s), and it has no greater authority than a regular
				  committee. The board president convenes and adjourns the meeting, and each
				  committee chair presides over that portion of the meeting pertaining to the
				  issues routinely considered by his/her committee. Votes are not final, and
				  committee actions are considered to be recommendations from the committee to
				  the board.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 7 - Operations › Section I-705 - Agenda

Current through Register Vol. 50, No. 6, June 20, 2024
A. Establishing
				  Board Agenda
1. The board recorder shall
				  prepare the agenda.
2. A board
				  member, the state superintendent, or the executive director may request that
				  any item be included thereon either at a prior meeting or within the specified
				  time before preparation and mailing of the agenda.
3. A board member, the state superintendent,
				  or the executive director must request that an item be placed on the emergency
				  agenda at least 26 hours prior to a scheduled meeting. The emergency agenda
				  must be posted publicly at least 24 hours prior to the scheduled
				  meeting.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 7 - Operations › Section I-707 - Action/Quorum

Current through Register Vol. 50, No. 6, June 20, 2024
A. Official Board
				  Action/Quorum. A quorum of the board consists of six of its members who must be
				  present in order that official business may be legally transacted. Official
				  board action requires that any matter be submitted to the board by motion duly
				  seconded. The chair states the motion and calls for discussion, after which the
				  board may act on such matter following repetition of the motion by the chair.
				  Six members of the board shall constitute a quorum for the transaction of
				  business, and all official actions of the board shall require the favorable
				  vote of a majority of the total membership.
B. Unofficial Committee Action/Quorum. A
				  quorum of a committee consists of at least two of its named members. Any board
				  member attending a committee meeting has full voting privileges and may be
				  substituted as a named member of a committee as needed to establish a quorum.
				  Unofficial committee actions require the favorable vote of a simple majority of
				  the board members present, but no less than two favorable votes are required
				  for a motion to pass.
C. Procedural
				  Rules
1. All procedural rules adopted herein,
				  or by reference, shall govern business to the extent that they are not
				  inconsistent with the Louisiana Open Meetings Law or any other applicable state
				  law.
2. All other rules and
				  procedures not modified by these guidelines shall be governed by
Robert's Rules of Order
, revised edition, to the extent that
				  such is not inconsistent with state law.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 7 - Operations › Section I-709 - Board and Committee Meeting Protocol

Current through Register Vol. 50, No. 6, June 20, 2024
A. Meetings, Recess, and Adjournment
1. A
meeting
of the board or
				  a committee of the board is a convening of a quorum of the members to receive
				  information regarding a matter or to deliberate or act on a matter over which
				  it has supervision, control, jurisdiction, or advisory power. Depending on the
				  business to be transacted, a meeting may last from a few minutes to several
				  hours and may be carried over for more than one day, if deemed necessary. A
				  meeting does not include chance meetings or social gatherings of the members of
				  the board at which there is no vote or other action taken, including formal or
				  informal polling of the members.
2.
				  A board meeting is a meeting of a majority of the total membership of the board
				  to take official action on matters before it. The president of the board shall
				  preside over the board meeting, unless absent, in which case the presiding
				  officer shall be governed by the provisions set forth in &
				  §305 herein.
3. A committee meeting is a meeting of a
				  quorum of the named committee members to consider and make recommendations on
				  matters before it. The committee chair shall preside over the committee
				  meeting, unless absent, in which case another named member of the committee
				  shall preside.
4. A
recess
is an intermission of a meeting which does not end the
				  meeting or destroy its continuity as a single gathering, and after which
				  proceedings are immediately resumed from the point of interruption.
5. An
adjournment
terminates
				  the meeting.
Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 7 - Operations › Section I-711 - Order of Business for Board Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The presiding officer shall call the
				  meeting to order and request that the executive director call the roll to
				  determine the presence of a quorum.
B. The proposed agenda shall be adopted as
				  the official order of business for the meeting, including unfinished business
				  from the preceding meeting and any emergency items, as publicly noted. The
				  agenda adopted shall not include any items that have not been posted pursuant
				  to & §701. B and the Louisiana Open Meetings Law, unless amended
				  pursuant to & §705. C
C.
				  The minutes of the preceding meeting of the board, if available, shall be
				  considered and approved.
D. The
				  board may consider ceremonial acknowledgments as determined by the presiding
				  officer. Such ceremonial acknowledgments should generally be made on behalf of
				  the board by the presiding officer and the member representing the recipient's
				  district.
E. The board shall hear
				  committee reports from the chair of the committee or his/her designee and act
				  on recommendations of the committee.
F. The board shall consider and act on other
				  items on the agenda adopted in compliance with the procedures herein, including
				  any emergency items.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 17:6(A)(10).