Could the Louisiana Legislature correct errors in the school funding formula sent to it for approval?

Plain-English summary

The Louisiana Board of Elementary and Secondary Education had adopted a Minimum Foundation Program funding formula, but the legislative instrument prepared for approval contained technical errors or omissions. BESE's president and the Superintendent of Education asked for corrections so House Concurrent Resolution No. 104 would match the formula the board had actually adopted. The Senate president asked whether the Legislature could make those changes.

The 1998 attorney general opinion said it could, on those facts. The office relied on the two officials' assurance that the requested revisions were purely technical and would conform the instrument to BESE's adopted formula. It distinguished that correction from a substantive amendment: under Art. VIII, §13(B), the Legislature could return the formula and recommend an amended version, but the board would have to consider and resubmit it for legislative approval.

Currency note

This opinion was issued in 1998. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Legislators at the time

The opinion allowed the requested technical corrections to the instrument in this particular situation because they preserved the formula BESE had adopted. It did not treat the correction as authority for the Legislature to write a different formula itself.

Education board officials at the time

The opinion treated BESE's constitutional authority to adopt the formula as central. The board's president and the superintendent represented that the proposed changes would bring the resolution into conformity with the board's actual decision.

Common questions

Q: Could the Legislature fix errors in the 1998 funding-formula resolution?
A: The attorney general's office said yes to the specific technical changes requested by BESE's president and the superintendent to reflect the board's adopted formula.

Q: Could legislators amend the formula on their own?
A: The opinion read the constitution to let the Legislature return a formula and recommend changes, while leaving adoption and resubmission of an amended formula to BESE.

Q: Why did the officials' assurance matter?
A: The office relied on their statement that the revisions were purely technical and would state correctly the formula BESE had adopted. That was the basis for allowing corrections to the legislative instrument.

Background and statutory framework

The opinion applied Art. VIII, §13(B) of the Louisiana Constitution, which assigned BESE the task of developing and adopting a school funding formula for legislative approval. The board's formula was introduced as House Concurrent Resolution No. 104 in June 1998. Before committee review, BESE identified errors or omissions in the instrument and requested revisions. The office concluded that corrections reflecting BESE's existing formula preserved the constitutional allocation of authority.

Citations and references

• Art. VIII, §13(B) (BESE formula adoption and legislative approval, as quoted in the opinion)
• House Concurrent Resolution No. 104 (1998 legislative instrument discussed in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/98-0251

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

~:~t~te o~ ~ouisi~n~
One American Place
301 Mare Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CIVIl DIVISION
TEL.: (504) 342-7013
FAX: (504) 342-2090
BATON ROUGE
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

June 5, 1998

OPINION NUMBER 98-251

96 SCHOOLS & SCHOOL DISTRICTS - Fiscal Management, Department Securities & Taxation

La. Cont. Art. VIII, §13(B)

Because the Superintendent of Education and the Honorable Randy L. Ewing, President
President of BESE have assured you that the
Louisiana State Senate
adjustments requested by BESE are purely technical in
P. O. Box 94183
nature and serve only to conform and state correctly the
Baton Rouge, LA 70804-9183
intent of the formula adopted by BESE, the Legislature
would have the authority to make technical corrections in this particular situation.
Dear Senator Ewing:

This office is in receipt of your recent request for an opinion in which you present the following question for review:

Does the Legislature have the authority to make adjustments to the legislative instrument used to approve the State Board of Elementary and Secondary Education adopted minimum foundation program formula in order to conform the formula in the instrument with the formula adopted by the Board?

May the legislature rely on the attached letter signed by the Superintendent and the Board President as authority from the board to make such changes?

From the documents which you provided to this office, it is my understanding that the Board of Elementary and Secondary Education adopted a formula for the Minimum Foundation Program in accordance with Art. VIII, Sec. 13(B) of the Louisiana Constitution of 1974. This formula was introduced on June 2, 1998 as House Concurrent Resolution No. 104. However, prior to Resolution No. 104’s being reviewed by the House Education Committee, BESE discovered that there were several technical errors or omissions in the document which had been provided to the House Education Committee. Because of this discovery, the Superintendent of Education and the BESE President requested specific technical revisions in House Concurrent Resolution No.
104 in order that the Resolution would correctly conform with the document BESE originally adopted.

Page 2

OPINION NO. 98-251
Hon. Randy L. Ewing
Page -2-

Art. VIII, §13(B) states in pertinent part:

The State Board of Elementary and Secondary Education or its successor shall develop and adopt a formula which shall be used to determine the cost of a minimum foundation program of education in all public elementary and secondary schools as well as to equitably allocate the funds to parish and city school systems. Such formula shall provide for a contribution by every city and parish school system. Prior to approval of the formula by the legislature, the legislature may return the formula adopted by the board to the board and may recommend to the board an amended formula for consideration by the board and submission to the legislature for approval.

It is clear from Art. VIII, §13(B) that the State Board of Elementary and Secondary Education has the constitutional authority to adopt a formula for the legislature’s approval. Although the Legislature may return the formula adopted by the Board, the Legislature may only recommend to the Board an amended formula for consideration by the Board and for resubmission to the Legislature for approval.

To allow the BESE requested changes appears to this office to protect the Board’s constitutional authority to adopt a formula for the legislature’s approval. In this factual situation, in order to preserve the actual formula adopted by BESE the Legislature would have the authority to make these technical changes. The changes are requested by BESE in order to bring the formula into conformity with the formula BESE originally adopted. Because the Superintendent of Education and the President of BESE have assured you that the adjustments requested by BESE are purely technical in nature and serve only to conform and state correctly the intent of the formula adopted by BESE, the Legislature would have the authority to make technical corrections in this particular situation.

I trust the foregoing has been helpful and has answered your concerns. If you have any other questions, please do not hesitate to contact us.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

By:
JAM~ C. HRDLICKA
Assistant Attorney General

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