Louisiana Administrative Code › Title 28 - EDUCATION › Part I - BESE/8(g) Operations › Subpart 1 - Board of Elementary and Secondary Education › Chapter 13 - Regulatory Documents › Subchapter A - Regulatory Documents › Section I-1303 - Rulemaking

Current through Register Vol. 50, No. 6, June 20, 2024
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, which has
					 general applicability and the effect of implementing or interpreting
					 substantive law or policy, or which prescribes the procedure or practice
					 requirements of the agency.
Rule
includes, but is not limited
					 to, any provision for fines, prices or penalties, the attainment or loss of
					 preferential status, and the criteria or qualifications for licensure or
					 certification by an agency. A
rule
may be of general
					 applicability even though it may not apply to the entire state, provided its
					 form is general and it is capable of being applied to every member of an
					 identifiable class. The term includes the amendment or repeal of an existing
					 rule but does not include declaratory rulings or orders or any fees.
B. All rules adopted by the board must be
					 adopted in accordance with the Louisiana Administrative Procedure Act
					 (APA).
C. The following process
					 must be followed for adoption of a new policy, the amendment of an existing
					 policy, or the repeal of an existing policy.
1. The board approves a proposed Rule to be
					 advertised as a Notice of Intent. The Notice of Intent approval will serve as
					 authorization for the BESE executive director to submit the Notice of Intent to
					 the Division of Administration's Office of the State Register to be published
					 in the
Louisiana Register
for final adoption as a Rule at the
					 expiration of the required 90-day advertisement period, if no public comments
					 are received relevant to said Notice of Intent. If comments are received
					 regarding the Notice of Intent, the comments will be considered by the board
					 prior to final adoption as a Rule (refer to Subparagraphs 2.e-2.f.ii of this
					 Subsection).
2. Following approval
					 of a proposed Rule to be advertised as a Notice of Intent:
a. the appropriate LDE/BESE staff is
					 requested to submit proposed policy language, a Family Impact Statement, a
					 Poverty Impact Statement, a Small Business Analysis, a Provider Impact
					 Statement, a Public Comments paragraph, a Public Hearing paragraph (if
					 applicable), a Fiscal and Economic Impact Statement (FEIS), and comparison
					 language to the board recorder for processing;
b. These documents are submitted to the
					 Legislative Fiscal Office (LFO) for approval.
c. after the FEIS is approved by the LFO, the
					 board recorder prepares the Notice of Intent in compliance with statutory
					 specifications and submits it to the
Office of the State
					 Register
for publication in the
Louisiana Register
. A
					 report regarding the Rule is also submitted to the appropriate legislative
					 committees;
d. Upon publication of
					 the Notice of Intent in the
Louisiana Register
, a period of 90
					 days must elapse before the Notice of Intent can be adopted as a final Rule.
e. Any public comments received
					 during the comment period are forwarded to the LDE/board office, to the
					 appropriate BESE committee, and to the appropriate legislative committees for
					 consideration.
f. In the event that
					 substantive changes are made to the Notice of Intent as a result of the public
					 comments received, the board can choose to:
i. approve for final adoption only those
					 Sections that will not be changed as a result of the public comments and
					 re-advertise as Notice of Intent only those Sections requiring substantive
					 change; or
ii. not approve the
					 Notice of Intent for final adoption, and begin the entire process
					 anew.
3. The
					 deadline for submission of information for publication in the
Louisiana
					 Register
is the tenth of the month unless the tenth falls on a weekend
					 or holiday, in which case the deadline will be the last business day prior to
					 the tenth of the month.