La. Stat. tit. 17 § 3138.11
Current with changes from the 2024 legislative session effective on or before 7/1/2024, from Acts 2,3, 6-535, and 580-647
Section 17:3138.11 - Louisiana Postsecondary Inclusive Education Fund; Postsecondary Inclusive Education Advisory CouncilA.(1)(a) The Louisiana Postsecondary Inclusive Education Fund, referred to in this Section as the "fund", is hereby created within the state treasury as a special fund for the purpose of funding an approved comprehensive inclusive postsecondary education program at each public postsecondary education institution in the state in order to provide pathways to postsecondary degree, certificate, and apprenticeship programs designed to increase independent living and employment opportunities for students with intellectual and developmental disabilities. (b) An approved inclusive education program, referred to in this Section as an "inclusive program", shall mean a federally approved comprehensive transition and postsecondary program offered at a Louisiana public postsecondary institution. (2) Any money donated to the fund or appropriated to the fund by the legislature shall be deposited in the fund. Monies in the fund shall be invested in the same manner as monies in the general fund. Interest earned on investment of monies in the fund shall be credited to the fund.(3) Monies in the fund shall be appropriated to the Board of Regents for distribution to public postsecondary institutions only for: (a) The creation, operation, and expansion of inclusive programs.(b) Technical assistance in creating or expanding inclusive programs.(c) Dissemination of information on inclusive programs in Louisiana to students with intellectual or developmental disabilities and the parent or guardian of the students.(4) Any funds distributed to an institution that remain unexpended or unobligated at the end of the fiscal year shall remain in the fund and, subject to appropriation, be available for use in the subsequent fiscal year by an institution for the purposes as provided in this Section.(5) Funding shall be distributed by the Board of Regents to a public postsecondary education management board only upon the certification by the board, on behalf of the receiving institution, that the institution has or is creating an inclusive program and that all funds shall be used by the institution for the inclusive program.(6) The fund is in addition to, and separate from, other monies appropriated or allocated to any public postsecondary education management board. Allocations from the fund shall not be included in the Board of Regents' funding formula calculation, nor shall they supplant any state general fund allocations to institutions. The availability of the fund shall not in any way substitute, limit, or otherwise affect the allocation of any funds otherwise available to those institutions under state or federal laws.B.(1) The Postsecondary Inclusive Education Advisory Council, referred to in this Section as the "council", is hereby created under the auspices of the Board of Regents for the purpose of advising the board with respect to inclusive programs and methods to fund and expand inclusive programs in the state.(2) The council shall assist the Board of Regents in:(a) Identifying existing inclusive programs capable of providing technical assistance to institutions creating or expanding inclusive programs and developing a method to provide grants for such technical assistance.(b) Developing an annual application process for public postsecondary institutions to request funds to create or expand inclusive programs.(c) Reviewing applications and determining the amount of funds to distribute for each inclusive program.(d) Determining a method to distribute information about inclusive programs to students and their families.(3)(a) The council shall be composed of the following members:(i) Two members with expertise in postsecondary educational programming for students with intellectual and developmental disabilities, appointed by the governor.(ii) The commissioner of higher education or his designee.(iii) A director of an inclusive program appointed by the chairman of the Senate Committee on Education.(iv) A director of an inclusive program appointed by the chairman of the House Committee on Education.(v) The president of the Louisiana State University System or his designee.(vi) The president of the Southern University System or his designee.(vii) The president of the University of Louisiana System or his designee.(viii) The president of the Louisiana Community and Technical College System or his designee.(ix) The executive director of the Louisiana Developmental Disabilities Council or his designee.(x) The director of the Louisiana Rehabilitation Services or his designee.(xi) An alumnus of an inclusive program appointed by the Louisiana Developmental Disabilities Council.(xii) The parent or legal guardian of a student who is enrolled in or who has completed an inclusive program appointed by the Louisiana Developmental Disabilities Council.(xiii) The superintendent of the Special School District or his designee.(b) Any member selecting a designee shall select the designee from his respective system, agency, office, or association who has expertise in transitional postsecondary educational services.(4) A vacancy in the membership of the council shall be filled in the same manner as the original appointment.(5) Members of the council shall elect a chairman, vice chairman, and other officers as they consider necessary.(6) The members of the council shall serve without compensation, except for per diem or reimbursement of expenses to which they may be entitled as members of the constituent organizations.(7)(a) The council shall meet upon the call of the chairman or of a quorum of the members of the council.(b) The chairman shall give at least seven days' notice to the members of the council of the time and place where each meeting will be held.(c) The commissioner of higher education shall, no later than September 1, 2022, convene the first meeting of the council.(8) A majority of the members of the council shall constitute a quorum for the transaction of business.(9) The council shall be domiciled in Baton Rouge but may hold public meetings elsewhere in the state.C.(1) By February first of each year, the Board of Regents, with assistance from the council, shall submit a report to the Senate Committee on Education, the Senate Committee on Finance, the House Committee on Education, and the House Committee on Appropriations.(2) The report shall include:(a) A detailed accounting of the fund.(b) The following information for each program that received a distribution from the fund: (i) The name of the program.(ii) The name of the institution housing the program.(iii) The amount provided to the program from the fund for the current academic year and in total.(iv) Whether the program is operational or in development. If the program is in development, the date the program will begin offering services to students shall be reported.(v) The student capacity of the program, both in the current academic year and the upcoming academic year.(vi) The actual number of students enrolled in the program.(vii) The number of students, if any, on a waiting list for the program.(viii) A description of the services offered through the program.(ix) The number of students that completed the program, both during the prior academic year and in total.(x) The number and percentage of program completers who are employed.(xi) The number and percentage of program completers who are living independently.(xii) The purpose for which monies from the fund were requested.(c) Details on each technical assistance grant provided from the fund.(d) Recommendations for additional money for the fund, if any.(3) Each public postsecondary education management board shall report to the Board of Regents the information necessary for the Board of Regents to complete the report.(4) The report shall be posted on the Board of Regents' website. Acts 2022, No. 682, §1, eff. June 18, 2022.Added by Acts 2022, No. 682,s. 1, eff. 6/18/2022.