La. Admin. Code tit. 28 § CXV-1319

Current through Register Vol. 50, No. 9, September 20, 2024

Section CXV-1319 - Advisory Council on Student Behavior and Discipline

A. Functions. The function of an advisory council is to advise the board, directly or through its committees, in the discharge of policymaking, supervisory control, and budgetary duties and responsibilities. Specific functions of an advisory council are determined by the establishing statute or policy. Advisory councils deal exclusively with matters referred by the board or the LDE. Matters referred to advisory councils include external input regarding funding decisions, policy matters reviewed for local impact, bulletin revisions containing policies or supervisory controls, and matters particular to a council for which it was created. The LDE staff provides the board with a statewide and nationwide perspective on certain issues, while advisory councils respond from a local or community perspective.

B. Composition. Unless otherwise provided by state or federal law, each advisory council of the board is created by board policy. The policy determines the size of the council membership; the appointing authority; the persons, organizations, affiliations, or interest groups to be represented on a council; and the length of term.

C. Advisory Council on Student Behavior and Discipline (ACSBD) Established

1. Authority per R.S. 17:253 and BESE policy.

2. Function and responsibilities:

a. Provide guidance and recommendations to BESE and LDE regarding best practices in providing support to public school local governing agencies (LEA) in the adoption and implementation of the school master plan for student behavior and discipline in accordance with R.S. 17:252.

b. Members of the council shall annually elect a new chair and vice-chair from among the membership by the first convening meeting of the fiscal year.

c. Staff to support the ACSBD shall be provided by the LDE.

d. The council shall meet at least three times annually, and meetings shall be called and agendas set by the chair.

3. The membership of the ACSBD shall consist of 29 members.

a. Ex-officio representatives or a designee:

i. state superintendent of education;

ii. Secretary of Louisiana Department of Health;

iii. Families and Friends of Louisiana's Incarcerated Children, executive director;

iv. Urban League of Louisiana, president;

v. MetroMorphosis, president;

vi. Louisiana Psychological Association, president;

vii. Louisiana School Counselors Association, president.

b. Appointed representatives:

i. Louisiana Association of Principals, principal or assistant principal, one each from:

(a). elementary level;

(b). middle school level;

(c). high school level.

ii. Louisiana Association of School Superintendents, one each from:

(a). LEA superintendent;

(b). child welfare and attendance officer;

(c). safe and drug-free schools coordinator;

(d). pupil appraisal coordinator.

iii. Louisiana Developmental Disabilities Council,

(a). Three members, parent of a child who presents challenging behavior, two of whom shall be a parent of a child with exceptionalities, other than gifted and talented; and

(b). One additional member.

iv. Louisiana Advocacy Center;

v. Louisiana School Boards Association;

vi. Louisiana Council of Juvenile and Family Court Judges;

vii. Louisiana Federation of Teachers, classroom teacher;

viii. Louisiana Association of Educators, classroom teacher;

ix. Associated Professional Educators of Louisiana, classroom teacher;

x. Southern Poverty Law Center;

xi. Louisiana Association of Public Charter Schools;

xii. Louisiana Center for Children's Rights;

xiii. Louisiana Parent Teacher Association;

xiv. Louisiana Association of Special Education Administrators, director of special education.

4. The advisory council shall annually submit a report to the Senate Committee on Education, the House Committee on Education, and BESE regarding the results and recommendations with respect to the implementation of school master plans for improving student behavior and discipline as provided in R.S. 17:252.

D. General Council Membership Information

1. Terms. Unless otherwise provided by state or federal law, persons appointed to the council shall serve at the pleasure of the recommending authority. A council member may be removed without cause by the appointing authority at any time. Appointees must maintain employment and qualifications appropriate to the organizational category represented. Upon retirement, employment in a different capacity, or otherwise failure to maintain eligibility requirements, the member shall become ineligible to continue to serve and shall be replaced.

2. Vacancies. A vacancy in an appointed position shall occur if an appointee, for any reason, is unable to serve the full extent the appointed term. Appointments to fill temporary vacancies shall be considered interim appointments. Interim appointments may be made by the superintendent of education or the BESE president.

3. Expenses. Members shall not be entitled to reimbursement for travel expenses.

4. Proxy. Any person serving on an advisory council who cannot attend a scheduled meeting may designate a person to attend as the proxy, contingent upon the consent of the appointing authority, and the council chair shall be notified.

5. Quorum. Unless otherwise provided, a quorum is a simple majority of the total membership. In the absence of a quorum, the advisory council may take unofficial action, but minutes shall indicate that the recommendations are being presented without the required quorum. When known prior to an agenda being posted that a quorum is unlikely, the council chair shall be so notified and the meeting may be canceled.

6. Action/Quorum. Official council action requires that matters submitted by motion are duly seconded. The chair states the motion and calls for discussion and public comment. All official actions of the group shall require the favorable vote of a simple majority of the members present. Proxies are not included for the purpose of establishing a quorum.

7. Voting. All voting shall be by voice vote, except when taken by roll call vote or when a member requests that his/her vote be recorded in the official record. A roll call vote shall be taken on any motion if requested by the chair. Roll call votes shall be taken alphabetically, except that the presiding officer or chair shall have the option of voting last or may exercise the right to refrain from voting. Proxies do not retain voting privileges.

8. Attendance Policy

a. Appointed members are expected to attend all scheduled meetings of an advisory body. Unless otherwise provided, if a member is unable to attend a meeting, a request for an excused absence should be submitted to the council chair or the LDE staff liaison one week prior to the meeting. A proxy may be named by the appointed member to serve for a total of three meetings. A council member shall be removed and the seat declared vacant if the member is no longer a legal resident of Louisiana, fails to remain active in or is no longer employed by the appointing organization or agency represented, or misses more than two meetings, unless excused prior to the meeting by the council chair.

b. The appointing authority for each member shall be notified immediately following each scheduled meeting indicating the unexcused absence of the appointee. The notification should include:

i. name of council member and council on which serving;

ii. date of the meeting; and

iii. board policy on attendance.

E. Meetings

1. Advisory councils shall meet as scheduled in order to consider referrals from the board or the LDE. Special meetings shall be by direction of the board, and emergency meetings may be called at the discretion of the BESE executive director and LDE.

2. Regular meeting dates shall be scheduled to convene one year in advance and shall be determined by the executive director, LDE, or a designee of either. The council shall schedule meetings upon the call of the chairperson, but not less than once quarterly.

3. Agendas of regularly scheduled council meetings shall be distributed to the members by the LDE staff at least 7 calendar days in advance of a meeting. All meetings shall be conducted in accordance with Louisiana open meetings law R.S. 42:11 et seq. In the event that no items have been referred to an advisory council for consideration, there are no items pending on an advisory council agenda, and the LDE has no items to bring forward to the advisory council at least 10 days prior to a scheduled meeting, the meeting shall be cancelled and the members shall be notified of the cancellation.

4. In accordance with R.S. 42:19, the agenda may be amended upon unanimous approval of the members present and subject to other provisions of the statute.

5. Except where listed herein, the business in advisory councils shall be conducted in accordance with Robert's Rules of Order.

6. Motions passed by an advisory council shall be made as a main motion and must be duly seconded. All motions must be voted upon and roll call votes may be requested by any of the membership in attendance at a meeting.

7. Requests from advisory councils for data or reports must be made in the form of a motion, requesting that the board direct the LDE or BESE staff to provide such information to the council making the request.

8. All meetings of advisory councils shall be considered official functions of the board to assist in the execution of board responsibilities and duties.

La. Admin. Code tit. 28, § CXV-1319

Promulgated by the Board of Elementary and Secondary Education, LR 482096 (8/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6.1 and R.S. 17:253.