La. Admin. Code tit. 28 § CXLV-1301

Current through Register Vol. 50, No. 11, November 20, 2024

Section CXLV-1301 - Jurisdictional Responsibility for the Maintenance and Repair of School Facilities

A. The RSD shall have the right to use any school building and all facilities and property otherwise part of the school and recognized as part of the facilities or assets of the school prior to its placement in the recovery school district and shall have access to such additional facilities as are typically available to the school, its students, and faculty and staff prior to its placement in the RSD.

B. The use of schools and facilities by the RSD shall be unrestricted except that in the case of the transfer of schools pursuant to R.S. 17:10.5, the RSD shall not be responsible for to provide for extensive repairs to the buildings or facilities that would be considered a capital expense. Such extensive repairs shall be provided by the governing authority of the city, parish, or other local public school system or other public entity from which the school facilities were transferred. The RSD shall be responsible only for the routine maintenance and repairs to buildings and facilities transferred pursuant to R.S. 17:10.5.

C. In the case of the transfer of schools into the RSD pursuant to R.S. 17.10.7, the RSD shall acquire with the transfer of the schools all the rights and responsibilities of ownership regarding all land, buildings, facilities, and other property that is part of the school being transferred, except that the RSD may not transfer the ownership of the land or usable buildings constructed on the land to another, except as provided by R.S. 17:1990(B)(4)(b)(iv); save returning the land and such buildings to the stewardship of the prior system. The RSD may lease land or property, dispose of property other than the land as is necessary to properly manage the operation of the schools, rebuild school buildings, or renovate school buildings.

D. The RSD may sell, lease, or otherwise dispose of, at public or private sale, for cash or on terms of credit, any moveable property it owns that is not used and, in the judgment of the RSD, is not needed in the operation of any school or schools within its jurisdiction.

E. The RSD shall comply with all applicable state laws and regulations and all ordinances and regulations as may be enacted and adopted by the governing authority of the local governmental subdivision in which the property of the schools that RSD has jurisdiction over is located, including building and fire safety code regulations, until such property is returned to the prior system or otherwise disposed of by the RSD.

F. In the case of the transfer of schools into the RSD pursuant to R.S. 17:10.7, no building should be destroyed pursuant to the authority of the RSD unless destruction has been approved by the Office of Facility Planning of the Division of Administration.

La. Admin. Code tit. 28, § CXLV-1301

Promulgated by the Board of Elementary and Secondary Education, LR 37:1377 (May 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10), R.S. 17:10.5(A)(1), R.S. 17:10.7(A)(1), R.S. 17:1990(A)(2), R.S. 17:1990(B)(4), and R.S. 17:1990(B)(4)(b)(ii).