Louisiana Administrative Code › Title 28 - EDUCATION › Part CXLV - Bulletin 129-The Recovery School District › Chapter 13 - Property Management › Section CXLV-1301 - Jurisdictional Responsibility for the Maintenance and Repair of School Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The RSD
				shall have the right to use any school building and all facilities and property
				otherwise part of the school and recognized as part of the facilities or assets
				of the school prior to its placement in the recovery school district and shall
				have access to such additional facilities as are typically available to the
				school, its students, and faculty and staff prior to its placement in the
				RSD.
B. The use of schools and
				facilities by the RSD shall be unrestricted except that in the case of the
				transfer of schools pursuant to
				R.S.
				17:10.5, the RSD shall not be responsible for
				to provide for extensive repairs to the buildings or facilities that would be
				considered a capital expense. Such extensive repairs shall be provided by the
				governing authority of the city, parish, or other local public school system or
				other public entity from which the school facilities were transferred. The RSD
				shall be responsible only for the routine maintenance and repairs to buildings
				and facilities transferred pursuant to
				R.S.
				17:10.5.
C. In the case of the transfer of schools
				into the RSD pursuant to R.S. 17.10.7, the RSD shall acquire with the transfer
				of the schools all the rights and responsibilities of ownership regarding all
				land, buildings, facilities, and other property that is part of the school
				being transferred, except that the RSD may not transfer the ownership of the
				land or usable buildings constructed on the land to another, except as provided
				by
				R.S.
				17:1990(B)(4)(b)(iv); save
				returning the land and such buildings to the stewardship of the prior system.
				The RSD may lease land or property, dispose of property other than the land as
				is necessary to properly manage the operation of the schools, rebuild school
				buildings, or renovate school buildings.
D. The RSD may sell, lease, or otherwise
				dispose of, at public or private sale, for cash or on terms of credit, any
				moveable property it owns that is not used and, in the judgment of the RSD, is
				not needed in the operation of any school or schools within its
				jurisdiction.
E. The RSD shall
				comply with all applicable state laws and regulations and all ordinances and
				regulations as may be enacted and adopted by the governing authority of the
				local governmental subdivision in which the property of the schools that RSD
				has jurisdiction over is located, including building and fire safety code
				regulations, until such property is returned to the prior system or otherwise
				disposed of by the RSD.
F. In the
				case of the transfer of schools into the RSD pursuant to
				R.S.
				17:10.7, no building should be destroyed
				pursuant to the authority of the RSD unless destruction has been approved by
				the Office of Facility Planning of the Division of Administration.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:6(A)(10),
				  R.S.
				  17:10.5(A)(1),
				  R.S.
				  17:10.7(A)(1),
				  R.S.
				  17:1990(A)(2),
				  R.S.
				  17:1990(B)(4), and
				  R.S.
				  17:1990(B)(4)(b)(ii).