Presentation on theme: "Louisiana’s Current Legal Framework of Postsecondary Education: An Overview of Legal Authority and Responsibilities October 24, 2011."— Presentation transcript:
Louisiana’s Current Legal Framework of Postsecondary Education: An Overview of Legal Authority and Responsibilities October 24, 2011
Management Boards: Management powers not vested in Regents; supervision and management of institutions Legislature: Appropriate funds to Management Boards; enact laws to supplement authority of Regents and Management Board and on other education matters Governor: Appoint members to Regents and Management Boards; set goals and priorities; carry out other executive powers Regents: Statewide planning, coordination, budgetary responsibility, Leadership and direction, capital outlay ranking and budget recommendations to governor and legislature
Constitutional allocation of powers, duties and roles ► Regents: Statewide planning, coordination, budgetary control and other enumerated powers of statewide leadership and direction ► Management Boards of LSU System, Southern, UL System: Management powers not vested in Regents remain with management boards, including management and supervision of institutions under control of each system ► Legislature: Appropriation authority and other legislative powers
Regents: Constitutional Functions (Article VIII, §5) ► Planning, coordination, budgetary responsibility for higher ed ► Represent the postsecondary education system ► Formulate and revise Master Plan ► Study merger of institutions, creation of new institutions and management boards; if one is proposed, make written recommendations within 1 year ► Develop and adopt funding formula ► Approve/eliminate degree programs, departments, etc. ► Formulate and recommend operating and capital budget
Management Boards: Constitutional Functions (Art. VIII, §§ 6-7.1) ► Management powers not specifically vested in Regents, including day to day supervision and operation, remain with Management Boards. §5 (E) ► UL System: institutions not managed by LSU System, Southern or LCTCS. §6 ► LSU System and Southern. §7 ► LCTCS: community, vo-tech, associate- degree-only institutions. §7.1
Appropriation Powers and Process under the Constitution ► Legislature appropriates funds to the Management Boards. §11 ► Each Management Board administers funds appropriated to it as provided by law. §12 ► Regents adopts funding formula, receives Management Boards’ budget proposals for each institution, submits budget recommendations and capital outlay rankings to governor and legislature; no authority to appropriate funds or make recommendations binding
Key Concerns and Questions ► Unclear lines of authority in critical areas ► What does “budgetary responsibility” mean? ► How to ensure accountability ► How to reflect master plan and funding formula priorities in appropriation of funds ► How to align those priorities with management boards’ distribution and expenditures once they get appropriations ► How to ensure fiscal viability of institutions and avoid adverse impact on educational services
Statutory Framework ► Consistent with the Constitution, Legislature has enacted laws governing each of the above entities and functions (Title 17) LSU A&M: R.S. 17:1421 – 1607 LCTCS: R.S. 17: 1871 – 1875; 1821-1825; 1991-2048.61 Southern: R.S. 17:1851-1855.2 Regents: R.S. 17:3121-3139 Proprietary Schools: R.S. 17:3141.1-3141.19
Regents: Important Statutory Functions ► Constitutional functions also made statutory Master Plan: formulation, timely revision, R.S. 17:3128 Represent higher ed; advise governor and legislature. R.S. 17:3121(E) Recommend budget for next year, including approved budget for current year, to governor and legislature. R.S. 17:3129; 39:32.1 Recommend priorities for capital projects. Revise/eliminate/approve/disapprove/modify existing program, department, division, or similar units of public institutions. R.S. 17:3125, 3126 Study need/feasibility of new institution or branches, conversion of 2-year institutions to 4-year institutions. R.S. 17:3127
Regents: Key Statutory Functions (Contd.) ► Formulate tuition and fee policy for public institutions and systems. R.S. 17:3129.5. ► Develop guidelines for distribution of funds appropriated from Higher Education Initiatives Fund. R.S. 17:3129.6. ► Develop student financial aid plan that supports Master Plan. R.S. 17:3129.7 ► Along with BESE, provide for articulation. R.S. 17:3129.8 ► Implement articulation & transfer programs. R.S. 17:3161 ► Develop and administer accountability process for evaluation of public institutions. R.S. 17:3134. ► Provide for dual enrollment program. R.S. 17:3137 ► Enter into GRAD Act agreements with public institutions. R.S. 17:3139.
Regents: Other Statutory Functions ► Appoint a commissioner of higher education to administer and implement board programs and policies. R.S. 17:3123.1. ► Survey state colleges and universities for the purpose of establishing incubator facilities on qualified campuses.... R.S. 17:3128.1 ► Require management boards to adopt and implement common core courses that articulate across institutions, taking into consideration the accreditation criteria of the institution receiving the credit. R.S. 17:3129.1. ► Develop in collaboration with institutions and management boards, a program from the enrollment of Louisiana full-time classroom teachers and vocational-technical school instructors in courses of instruction for college credit offered on the main campus of said institutions, on a tuition-free basis, where space is available and where the applicant teacher or instructor meets any prerequisite course requirements and all other requirements of this Section....R.S. 17:3129.3. ► Administer Proprietary School law. R.S. 17:3141.1-3141.19
Management Board’s Statutory Functions ► Supervise, manage and oversee operations of institutions under their respective jurisdictions. R.S. 17:3218, 17:3351 ► Organize structure of system and institutions. R.S. 17:3301 ► Award certificates, confer degrees, and issue diplomas; identify its core curricula. R.S. 17:3165 ► Employ and approve employment, fix salaries, duties and functions of officers, faculty, personnel. R.S. 17:3302-3305 ► Oversee financial operations of schools. R.S. 17:3351
Management Board’s: Statutory Functions (Contd.) ► Under R.S. 17:3351, day-to-day operational control includes: The right to recover debts owed; Raise donations and other funds, federal grants, etc. Receive and expend funds according to the master plan for higher education Incur or issue debt with Bond Commission approval Determine student fees, subject to legislative approval Establish criteria for tuition waivers Purchase land & buildings, subject to Regents approval Sell, lease, exchange surplus property as allowed by law
Legal Concerns: Uncertainty in Critical Areas BoR powers v. Management Board powers Unclear lines of authority between BoR’s constitutional powers and “as provided by law” and Management Boards’ “management powers not specifically vested in BoR” Can the legislature supplement BoR’s powers if they are not “management powers”? What does “budgetary responsibility” extend to? What do “planning” and “coordination” extend to?
Legal Concerns: Uncertainty in Critical Areas (Contd.) ► Budgeting powers: though BoR has statewide planning and coordination powers and budgetary responsibility under the constitution, its budget recommendations not binding ► BoR’s statewide planning and coordination get “scrambled” in the appropriations process through institution-specific or regional interests ► Post-appropriation process: appropriations made directly to management boards; no way to enforce adherence to BoR’s recommendations on allocation to institutions and expenditures ► Unclear lines of authority even in dire circumstances such as financial exigency; no effective means to avoid adverse impact on educational services and fiscal viability
Factors to Consider ► Any recommendation on a single board has to address: Legal consequences of consolidating assets, liabilities and obligations of various distinct legal entities (i.e., different management boards) Fundamental difference between day-to-day operational functions and the long-term, statewide planning functions
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