EXECUTIVE ORDER KBB 05-69

Suspension of Rules and Regulations for Proprietary Schools


WHEREAS, pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., a state of emergency/disaster was declared through Proclamation No. 48 KBB 2005, as amended by Proclamation No. 54 KBB 2005, and Proclamation No. 53 KBB 2005, as amended by Proclamation No. 60 KBB 2005;

WHEREAS, such Act also confers upon the governor of the state of Louisiana emergency powers to deal with emergencies and disasters, including those caused by fire, flood, earthquake or other natural or man-made causes, to ensure that preparations of this state will be adequate to deal with such emergencies or disasters, and to preserve the lives and property of the citizens of the state of Louisiana;

WHEREAS, Hurricane Katrina and its aftermath, and Hurricane Rita struck the state of Louisiana causing severe flooding and damage to the southern part of the state, which has threatened the safety, health, and security of the citizens of the state of Louisiana, along with private property and public facilities;

WHEREAS, R.S. 29:724 authorizes the governor, during a state of emergency, to suspend the provisions of any state regulatory statute prescribing procedures for conducting state business, or the orders, rules or regulations of any state agency, if strict compliance with the provision of any statute, order, rule or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency and authorizes the direction and transfer of personnel and functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services;

WHEREAS, the Board of Regents, created under Section 5 of Article VIII of the Louisiana Constitution, as amended, is a post-secondary education board that oversees, among other things, proprietary schools within the state of Louisiana;

WHEREAS, the rules currently followed by the Board of Regents governing proprietary schools pursuant to its authority under R.S. 17:3141.1, et seq., unless suspended, may hinder the delivery of emergency services as well as further contribute to the economic emergency existing in the affected areas of our state; and

WHEREAS, the Board of Regents has requested the suspension of the regulations governing proprietary schools and authorizing the commissioner of higher education to adopt and implement interim rules for the licensing of proprietary schools;

NOW THEREFORE I, KATHLEEN BABINEAUX BLANCO, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: The rules and regulations governing proprietary schools followed by the Board of Regents pursuant to its authority under R.S. 17:3141.1, et seq., are hereby suspended.

SECTION 2: The commissioner of higher education is hereby authorized and directed to adopt and implement interim rules for the licensing of proprietary schools, not inconsistent with all applicable laws regulations not suspended herein.

SECTION 3: This Order is effective upon signature and shall continue in effect for sixty (60) days, unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 24th day of October, 2005.

Kathleen Babineaux Blanco
Governor

ATTEST BY
THE GOVERNOR
Al Ater
Secretary of State