LAC 28:XI.103
LAC 28:XI.103. Accountability Council (formerly Accountability Commission)
Cite as La. Admin. Code tit. 28, pt. XI, § 103
A. Accountability Council (Formerly the Accountability Commission) Established.
1. Authority-per BESE policy;
2. Referrals and responsibilities:
a. advise the board regarding accountability issues and the state Every Student Succeeds Act (ESSA) Plan;
b. consider all matters referred by the board or the LDE; and
c. function as follows:
i. serve as the state Committee of Practitioners to conform to requirements in Title I of the Elementary and Secondary Education Act (ESEA) and to perform such duties of the committee to review, before publication, proposed or final State rule or regulation pursuant to Title 1;
ii. review rules and regulations that govern federal programs in Louisiana, noting that members shall be advised of substantial revisions in the federal programs supported through Louisiana’s ESEA waiver; and
iii. advise the LDE on policy development of the state, district, and school accountability system.
d. The majority of the Accountability Council (AC) membership must be representatives of local educational agencies and shall consist of no fewer than nineteen voting members, all subject to approval or ratification of the board, as follows:
i. BESE appointments
(a). Educator, nominated by BESE president.
(b). BESE member, nominated by BESE President.
(c). LEA Administrator, appointed by BESE from list provided by State Superintendent of Education.
(d). Nonpublic School Representative, nominated by BESE President.
(e). Local Educational Agency Representative, appointed by BESE from list provided by State Superintendent of Education.
(f). Parent, nominated by BESE president.
(g). Postsecondary Education Representative, appointed by BESE from list provided by State Superintendent of Education.
(h). School Board Member, nominated by BESE president.
(i). Community Representative, nominated by BESE president.
(j). Community Representative, nominated by BESE president.
ii. State Superintendent of Education appointments
(a). Educator.
(b). LEA Administrator.
(c). Charter School Representative.
(d). District Superintendent.
(e). Pupil Appraisal Representative.
(f). Principal Representative.
iii. Association nominations
(a). Associated Professional Educators of Louisiana Representative, nominated by association leadership.
(b). Louisiana Association of Educators Representative, nominated by association leadership.
(c). Louisiana Federation of Teachers Representative, nominated by association leadership.
B. General Membership Information
1. Terms. Unless otherwise provided by state or federal law, persons appointed by board members shall serve at the pleasure of the recommending authority. Persons appointed by organizations and agencies other than BESE shall serve terms determined by the appointing authority and ratified by the board. 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.
3. Proxy. Any person serving on an advisory council who cannot attend a scheduled meeting may designate a person to attend as proxy.
4. Quorum. Unless otherwise provided, a quorum is a simple majority of the total membership. 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.
5. Action/Quorum. Official council action requires that matters submitted to the council by motion are duly seconded. The chair states the motion and calls for discussion and public comment. All official actions of the council shall require the favorable vote of a majority of the members present. Proxies cannot be included for the purpose of establishing a quorum.
6. 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.
7. Attendance Policy
a. Appointed members are expected to attend all scheduled meetings of an advisory body. 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 resigns.
C. Chair
1. The AC shall have one chairperson appointed by the State Superintendent of Education and ratified by the board.
2. The appointed chair shall preside at all meetings of the AC, shall perform such duties as may be required by the council, and shall be a nonvoting member.
D. Meetings
1. The council shall meet as scheduled in order to consider referrals from the board or the LDOE.
2. Regular meeting dates shall be scheduled one year in advance.
3. Agendas of regularly scheduled council meetings shall be distributed to council members by the LDOE staff at least seven calendar days in advance of a meeting. All council 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 for consideration, there are no items pending, and the LDOE has no items to bring forward to the 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.