§ 17:3802 — Repealed by Acts 2025, No. 385, §5, eff. July 1, 2026

NOTE: §3802 eff. until July 1, 2026, if the const. amend. contained in Acts 2025, No. 222
becomes effective.
§3802. Appropriations; procedure; limitation; administration
NOTE: Paragraph (A)(1) eff. until ratification of the const. amend. proposed by Acts 2025,
No. 222.
A.(1) Consistent with the provisions of the Constitution of Louisiana, the legislature
shall appropriate the total amount of the funds in the Louisiana Quality Education Support
Fund, hereinafter referred to as the "support fund", intended for higher educational purposes
to the Board of Regents and the total amount intended for elementary and secondary
educational purposes to the State Board of Elementary and Secondary Education itemized
by program or other recipient purpose. Such itemization shall occur in both the executive
budget and in the general appropriation bill and, except as otherwise provided by the
constitution, budget and appropriation functions shall be conducted as provided by law.
Passage of the general appropriation bill shall constitute legislative approval of the programs
or purposes to which money is appropriated.
NOTE: Paragraph (A)(1) eff. upon ratification of the const. amend. proposed by Acts 2025,
No. 222, then eff. until July 1, 2026.
A.(1) The legislature shall appropriate the total amount of the funds in the Louisiana
Quality Education Support Fund, hereinafter referred to as the "support fund", intended for
higher educational purposes to the Board of Regents and the total amount intended for
elementary and secondary educational purposes to the State Board of Elementary and
Secondary Education itemized by program or other recipient purpose. Such itemization
shall occur in both the executive budget and in the general appropriation bill and, except as
otherwise provided by the constitution, budget and appropriation functions shall be
conducted as provided by law. Passage of the general appropriation bill shall constitute
legislative approval of the programs or purposes to which money is appropriated.
(2) Appropriations shall be allocated to the recipients and warranted from the
treasury by the respective boards, as needed and in amounts, the total of which in any fiscal
year, do not exceed the total appropriation for the item. Each board shall act as a fiscal
manager for the disbursement of support fund monies, as provided in this Section and the
constitution.
B. All monies appropriated, as provided in this Section, which remain unallocated
or for which no bona fide liability exists, pursuant to R.S. 39:136.1, shall remain to the credit
of the respective board to which the money was originally appropriated to be added to the
support fund sum for appropriation in the year succeeding the determination of the actual
amount of such balance. In addition, any revenues or interest earnings which are deposited
in the support fund in any fiscal year, but were not appropriated for that year, shall remain
to the credit of the respective boards for appropriation in the succeeding year.
C.(1) Certain costs of the education boards attributable to meeting the requirements
of the constitution to select programs, develop a proposed program and budget, act as fiscal
managers in allocating funds, and other administrative responsibilities insofar as
management of the support fund are concerned are acknowledged as inherent and properly
paid out of support fund monies.
(2) Appropriations to cover such administrative costs, however, shall be limited and
regulated in order to maximize the funds available for improving the quality of education as
follows:
(a) No more than three percent of the average annual amount of actual expenditures
by each board for the most recent three previous fiscal years for which actual expenditures
are available shall be appropriated for such purposes to each board, subject to a thorough
review, with the goal of limiting such costs to those necessary and proper, by appropriate
executive agencies during the budget process and the legislature and its agencies during the
appropriation process.
(b) Appropriations for salaries and benefits shall be made only to pay persons
employed on a full time basis whose proportional time is spent in pursuit of the functions
described in Paragraph (1) of this Subsection.
(c) No costs directly attributable to a member of the Board of Regents or the State
Board of Elementary and Secondary Education, such as travel or per diem shall be paid from
support fund monies.
(d) The education funds committee shall annually review all administrative
expenditures and report to the legislature as to the efficiency of such administration as well
as to any recommended changes.
(3) The education boards may allow the use of a portion of the money allocated by
them for approved programs or purposes for the recovery of verified indirect costs relative
to such programs pursuant to procedures adopted by the boards.
(4) Costs attributable to the state treasurer exercising responsibility for the custody,
investment, and disbursement of the monies in the Kevin P. Reilly, Sr. Louisiana Education
Quality Trust Fund, and the support fund are administrative costs properly paid out of
support fund monies, and shall be paid by appropriation from the support fund. Such costs
include costs attributable to fees charged by any financial institution for providing custodial
services not to exceed two percent of amounts managed costs incurred for outside investment
managers for the investment and management of the Permanent Trust Fund not to exceed
two percent of amounts managed and other direct costs incurred by the treasurer. Other costs
related to these funds shall be paid by appropriation from the state general fund. All
appropriations made to, or upon the request of, the state treasurer, related to the management
of either the Kevin P. Reilly, Sr. Louisiana Education Quality Trust Fund, or the support fund
shall be subject to review of the education funds committee.
(5) Costs attributable to the Board of Regents and the State Board of Elementary and
Secondary Education for use of external peer-review consultants for purposes of review,
evaluation, and assessment of program proposals are recognized as costs appropriately borne
by the respective support fund programs and shall be paid from the category of expenditure
related to the program for which the review, evaluation, and assessment applies.
NOTE: §3802 eff. July 1, 2026, if the const. amend. proposed by Acts 2025, No. 222, is
ratified.
§3802. Repealed by Acts 2025, No. 385, §5, eff. July 1, 2026.

Legislative History

Acts 1989, No. 675, §1, eff. July 1, 1989; Acts 1994, 3rd Ex. Sess., No. 136, §2, eff. Jan. 1, 1995; Acts 1998, 1st Ex. Sess., No. 151, §1, eff. July 1, 1999; Acts 2001, No. 698, §1; Acts 2006, No. 703, §1, eff. June 29, 2006; Acts 2012, No. 841, §1; Acts 2013, No. 56, §1, eff. May 29, 2013; Acts 2025, No. 385, §§1, 5, eff. See Act.