Louisiana Department of Education
Employee Policies
Policy No. AP 5.1
Effective Date: 10/2004
PREPARATION FOR BESE MEETINGS/ACTIVITIES
1.
State Board Meeting
The State Board of Elementary and Secondary Education meets on the third
Thursday of January, February, April, May, June, August, September, and
October, and the first Thursday of December. Except under special
circumstances, the Board does not meet in March, July, or November.
Board Committee meetings are held on Tuesday and Wednesday preceding
Board Thursday.
2.
Referrals/Requests for Information
No later than the Monday following each Board meeting, the State Board
Office sends all items referred by the SBESE and any requests for
information to the Deputy Superintendent of Education for dissemination
to the appropriate Department Staff.
3.
Agendas
On the Monday following each Board meeting, the State Board Office sends
to the Department copies of DRAFT agendas for the next month’s
committee meetings, along with timelines for the Department to submit
backup material for each item on the agendas.
From this information, the Deputy Superintendent of Education’s Office
sets Department timelines and disseminates information to appropriate
offices. It is imperative that these timelines are followed. Once staff has
received the DRAFT agendas and referrals, they must review all agenda
items for accuracy and inform the Deputy Superintendent’s Office of any
discrepancies. The Deputy Superintendent’s Office submits to the Board
Office all appropriate changes and/or corrections to each committee
agenda.
The Board Office then prepares a FINAL agenda for each Committee and
submits them to the Deputy Superintendent’s Office.
The Deputy
Superintendent’s Office disseminates copies of the final agenda for each
committee to all Cabinet members and the Legal Office.
4.
Executive Recommendations
Department staff must prepare and submit to the Deputy Superintendent’s
Office, a completed executive recommendation form with backup
information attached for each Department agenda item/issue to come
before the Board and its committees each month.
All offices must use the Department Executive Recommendation Form.
The executive recommendation form must be completed using clear,
simple language. The focus should be on providing sufficient information,
clearly written so that whoever reads the recommendation understands
the issue being addressed, as well as the action being requested. Executive
recommendations should be proofed for content and accuracy and must
be signed by the originating assistant superintendent, the Deputy
Superintendent, and the Superintendent of Education.
Executive recommendations, supporting materials, and items for the
regular Board agenda are normally due to the Deputy Superintendent 2 ½
weeks prior to the Board meeting.
5.
Notices of Intent and Rules
Recommendations to change regulatory documents (bulletins and
standards) must be advertised as Notices of Intent and as Rules in the
Louisiana Register in accordance with the Administrative Procedure Act
(APA), R.S. 49:950 et seq.
A Rule becomes part of the Louisiana
Administrative Code (LAC), the official compilation of administrative rules
published by agencies and boards in the state of Louisiana, when it is
promulgated in the Louisiana Register. “Notice of Intent” and “Bulletin
Item – Bulletin:” (located in the shaded area of the Executive
Recommendation Form) should be checked and the Bulletin number
indicated. Additional information required is as follows:
a. The authority citation (statutory or constitutional authority) for items
adding, amending, or deleting provisions of the Louisiana
Administrative Code (bulletins within the Code or to non-bulletin
Sections within the Code);
b. When applicable, proper citation regarding placement within the
Louisiana Administrative Code or bulletin must be supplied (code
chapter, section, subsection, paragraph or subparagraph, etc.); and
c. Proper complete statement or restatement of the proposed amendment,
addition, or deletion to the Louisiana Administrative Code or bulletin.
This will allow a complete full reprint of the provision. The Board
Office assigns bulletin numbers.
6.
A. Committee Agenda Items
In order to place an item on a committee agenda, the item must first be
submitted to the full Board for referral to the appropriate committee for
the next meeting of the committee.
B.
Regular Board Agenda Items
Regular Board Executive Recommendations and backup are to be
submitted to the Deputy Superintendent two weeks prior to the BESE
meeting.
C.
Emergency Addendum Items
Items for the Emergency Addendum are prepared and submitted after the
deadline for the regular Board agenda has passed. Emergency items are
to be discussed with the Deputy Superintendent at the monthly Cabinet
meeting. The final deadline for submitting the Emergency Addendum is
noon on the Tuesday before the Board meets. These items are also
prepared on the Executive Recommendation Form, just as items for the
regular Board agenda are prepared.
D. Ceremonial/Special Recognition Items
The Executive Director of BESE must be consulted regarding
Ceremonial/Special Recognition Items. These items should be limited to
recipients of state or national honors. Requests are submitted through
the Deputy Superintendent. Presentations should be brief and handled
by SDE staff, not honorees.
7.
Agenda Item Backup
Committee and Board
The Deputy Superintendent submits Committee and Board agenda item
backup to the Board office on Monday of the week preceding Board week.
When an office submits a bound document or a document too large or
cumbersome to reproduce as agenda backup, 25 copies must be
submitted (with each copy clearly labeled with the Committee name and
agenda item number) to the Board Office for mailing to Board members
prior to the Committee or Board meeting and for distribution to Board
members and BESE staff on the date of the respective Committee or
Board meeting.
Board members have directed that Board and Committee agenda item
backup documentation or informational handouts pertaining to agenda
items be provided to them well in advance of meetings to allow time for
review of this information. SDE staff is discouraged from passing out
agenda item backup documentation or informational handouts pertaining
to agenda items on the day of Committee or Board meetings unless
specifically directed to do so by the Board/Committee.
Advisory Council
Backup for Advisory Council agenda items is due on the Monday
following Board week. When an office submits a bound document or a
document too large or cumbersome to reproduce, the BESE staff assigned
to that Advisory Council should be consulted regarding the number of
copies needed.
8.
Special Events
SDE Staff should notify the Executive Director of BESE when Board
members are invited to attend and/or make presentations at special
events during Board week. Notification should include the name, date,
time, and place of event.
9.
Unofficial Committee Minutes
Unofficial Committee Minutes are forwarded to the Deputy
Superintendent’s Office as soon as they are finalized by BESE staff on
Wednesday evening prior to the full Board meeting on Thursday and are
intended for internal use only. SDE staff should review the unofficial
Committee minutes, reporting any concerns, errors, discrepancies, etc. to
the BESE staff person assigned to the Committee in question before the
BESE meeting begins. These minutes are not official until the Board
approves them on Thursday. After the Board approves the Committee
minutes, they become the official minutes of the Board and any
amendments must be approved by the full Board.
10.
Fiscal and Economic Impact Statement
Fiscal and Economic Impact Statements are fiscal statements sent each
month to the Legislative Fiscal Office for regulatory policy changes
adopted by the Board which require advertisement in the Louisiana
Register.
When a request is made for an item to be adopted as an Emergency Rule,
the Department must submit to the Board Office, within five working
days after the Board meeting in which the item was adopted, a statement
as to the reason this item needs to be advertised as an Emergency Rule.
Note: Fiscal and Economic Impact Statements are not due at this
time – only the statement for emergency adoption.
Fiscal Economic Impact Statements are due to the Board Office ten (10)
working days prior to the 20th of the month. Therefore, unless otherwise
informed, Fiscal and Economic Impact Statements must be submitted to
the Deputy Superintendent of Management and Finance eleven (11)
working days prior to the 20th of the month.
Preparing Fiscal Impact Statements and Family Impact Statements
A. Fiscal and Economic Impact Statements and Family Impact Statements
are required for policy changes adopted by the Board which require
advertisement in the Louisiana Register.
1. The SBESE staff notifies the Department by a letter to the
Deputy Superintendent for Management and Finance of those
motions that will require a Fiscal and Economic Impact
Statement and a Family Impact Statement.
2. A copy of this letter is routed to all Offices and Divisions within
the Department with a required due date for completion.
3. The Fiscal and Economic Impact Statements are completed on
forms created by the Legislative Fiscal Office.
4. The Family Impact Statements are completed on forms created
by the Legislative Fiscal Office.
5. The following materials are required:
(a) The original PRINTED copy and COPY ON DISK of the
FAMILY IMPACT STATEMENT (LA R.S. 49:953 and 972).
(b) The original PRINTED copy and COPY ON DISK of the
FISCAL AND ECONOMIC IMPACT STATEMENT.
(c) A printed copy of the COMPARISON (if there is a
comparison copy). This copy includes the strikeouts
and underlines.
(d) A PRINTED copy and COPY ON DISK of the PROPOSED
POLICY. (This is the policy that will appear in the
Louisiana Register.)
NOTE: The proposed policy change must be submitted in
Microsoft Word.
6. The Impact Statements are reviewed by the Office of the Deputy
Superintendent for Management and Finance and, when
finalized, are signed and forwarded to the SBESE for submission
to the Legislative Fiscal Office.
7. Any changes requested by the Legislative Fiscal Office are
completed by the affected office, resubmitted to the Deputy
Superintendent for Management and Finance (both a printed
copy and a copy on disk of the revised document are required)
for review and signature, and then resubmitted to the SBESE for
forwarding to the Legislative Fiscal Office.
B. If Fiscal Impact Statements are not submitted by the due date for
completion, the responsible Office/Division must provide the
Office of the Deputy Superintendent for Management and Finance
with the status of the preparation of the Fiscal and Economic
Impact Statement within 30 days.
Regulation Process
The Louisiana Legislature has granted exclusive authority to the Board of
Elementary and Secondary Education (BESE) to exercise supervision and control
over Louisiana’s public elementary and secondary schools and special schools
under its jurisdiction. R.S. 17:6(A). In keeping with that responsibility, the
Legislature granted to BESE the exclusive authority to promulgate regulations
necessary or proper for the conduct of the business of the Board. R.S.
17:6(A)(10).
The Department of Education does not have authority to
promulgate regulations, but instead is authorized only to assist Louisiana’s
local public school officials and the elementary and secondary schools in their
efforts to comply with duly promulgated regulations. R.S. 17:22(6).
R.S. 49:953 provides that duly promulgated rules are effective upon their
publication in the Louisiana Register after the act of adoption. The exceptions
to this requirement are if a later date is required by statute or specified in the
rule, the later day is effective, or in the instance of an emergency rule. R.S.
49:953(B). No proposed regulation submitted to BESE may be implemented by
the Department prior to its legal effective date.
Reference: Deputy Superintendent’s Office
EXECUTIVE SUMMARY AND RECOMMENDATIONS
Receive & Refer
Action
Information
/
Contact Person:
Phone Number:
Office:
COMMITTEE AGENDA
Item #
Title:
RECOMMENDATION:
Summary of recommendation or proposed changes:
Implications of proposed recommendation -- benefits and problematic areas:
Notice of Intent
Emergency Adoption -- Reason:
Bulletin Item -- Bulletin:
Administrative Code
Code Reference:
Authority Note:
Division Director
Assistant Superintendent
Deputy Superintendent
State Superintendent
(MO/YR)