The People, LLC emailed Rep. Schroder today to ask for assistance in securing a veto of BESE's policy of requiring parents/students to complete FAFSA or LOSFA applications or a waiver in order for students to be able to graduate. A copy of the email & resolution draft follow:
"Dear John:
We are writing to you regarding HB 985 which you have proposed in response to the new BESE regulation requiring high school students to complete the FAFSA in order to graduate. While we appreciate your attempt to alleviate a horrible decision made by BESE, we suggest what we believe to be a more direct and effective approach by filing a Concurrent Resolution.
Since BESE's new regulation already stands in violation of law, there is no reason for anyone to expect this problem to be corrected by simply passing another law. Act 837, which you so earnestly worked with us to draft and pass during the 2014 session, prohibits officials and school employees from requiring the collection of certain information. By requiring students to complete the FAFSA, school officials will be requiring the collection of family income and student social security numbers which are violations under the Act.
The legislature, through the Administrative Procedures Act, maintains its lawmaking authority by reserving its ability to veto rules and regulations passed by boards, commissions, and agencies of the state:
§969. Legislative veto, amendment, or suspension of rules, regulations, and fees
In addition to the procedures provided in R.S. 49:968 for review of the exercise of the rulemaking authority delegated by the legislature to state agencies, as defined by this Chapter, the legislature, by Concurrent Resolution, may suspend, amend, or repeal any rule or regulation or body of rules or regulations, or any fee or any increase, decrease, or repeal of any fee, adopted by a state department, agency, board, or commission.
Since a Concurrent Resolution can be filed at anytime during session, we ask that you consider filing such an instrument in order to effectively eliminate the BESE requirements by vetoing the rule which becomes effective as of tomorrow, April 20, 2016.
Passage of this resolution will prevent our tax dollars from being flushed down the drain through the processing of applications that will never be used. With state agencies, boards, and commissions often behaving as if laws do not exist, your sponsorship will present this legislature with the most important opportunities of upholding the integrity of Act 837 and defending our children's right to privacy once again.
After working so closely with you for so many hours over so many months, we know the drill: "Write it up!" You will find attached a draft resolution that may be suitable. We urge you to file this or, if insufficient to eliminate the rule, to file an otherwise effective Concurrent Resolution to achieve the veto we are requesting. We ask that you file the resolution with haste in order to allow sufficient time for the instrument to move through both chambers.
Angela & Karen
The People, LLC"
We are writing to you regarding HB 985 which you have proposed in response to the new BESE regulation requiring high school students to complete the FAFSA in order to graduate. While we appreciate your attempt to alleviate a horrible decision made by BESE, we suggest what we believe to be a more direct and effective approach by filing a Concurrent Resolution.
Since BESE's new regulation already stands in violation of law, there is no reason for anyone to expect this problem to be corrected by simply passing another law. Act 837, which you so earnestly worked with us to draft and pass during the 2014 session, prohibits officials and school employees from requiring the collection of certain information. By requiring students to complete the FAFSA, school officials will be requiring the collection of family income and student social security numbers which are violations under the Act.
The legislature, through the Administrative Procedures Act, maintains its lawmaking authority by reserving its ability to veto rules and regulations passed by boards, commissions, and agencies of the state:
§969. Legislative veto, amendment, or suspension of rules, regulations, and fees
In addition to the procedures provided in R.S. 49:968 for review of the exercise of the rulemaking authority delegated by the legislature to state agencies, as defined by this Chapter, the legislature, by Concurrent Resolution, may suspend, amend, or repeal any rule or regulation or body of rules or regulations, or any fee or any increase, decrease, or repeal of any fee, adopted by a state department, agency, board, or commission.
Since a Concurrent Resolution can be filed at anytime during session, we ask that you consider filing such an instrument in order to effectively eliminate the BESE requirements by vetoing the rule which becomes effective as of tomorrow, April 20, 2016.
Passage of this resolution will prevent our tax dollars from being flushed down the drain through the processing of applications that will never be used. With state agencies, boards, and commissions often behaving as if laws do not exist, your sponsorship will present this legislature with the most important opportunities of upholding the integrity of Act 837 and defending our children's right to privacy once again.
After working so closely with you for so many hours over so many months, we know the drill: "Write it up!" You will find attached a draft resolution that may be suitable. We urge you to file this or, if insufficient to eliminate the rule, to file an otherwise effective Concurrent Resolution to achieve the veto we are requesting. We ask that you file the resolution with haste in order to allow sufficient time for the instrument to move through both chambers.
Angela & Karen
The People, LLC"
A CONCURRENT RESOLUTION
To veto the Board of Elementary and Secondary Education (BESE) rule amending Title 28, Section 901 of Bulletin 741 effective April 20, 2016.
WHEREAS, on Dec. 2, 2015 the Louisiana Board of Elementary and Secondary Education did approve a NOI for the proposed rule change amending Title 28, Section 901 of Bulletin 741;
WHEREAS, the proposed rule change became effective on April 20, 2016;
WHEREAS, the legislature unanimously and unequivocally acknowledges the right to privacy of students in Louisiana through Act 837 of 2014; and
WHEREAS, the Act clearly defines that “family financial” information and student “social security numbers” are information of which officials and school system employees are prohibited from requiring the collection; and,
WHEREAS, family financial information and social security numbers are required information in completing a Free Application for Federal Financial Aid (FAFSA); and
WHEREAS, family financial information and social security numbers are required information in completing a Louisiana Office of Student Financial Assistance (LOSFA) application; and
WHEREAS, BESE’s rule amending Title 28, Section 901 of Bulletin 741 states that application to FAFSA or LOSFA is a requirement for high school graduation for students graduating spring 2018 and beyond; and
WHEREAS, such a requirement stands in direct violation of Act 837 and the Right to Privacy as protected under the 4th Amendment to the U.S. Constitution and within Article I, Section 5 of the Declaration of Rights under the Louisiana Constitution; and
WHEREAS, the legislature is the sole lawmaking authority as provided by the citizens of Louisiana through Article III of the Louisiana State Constitution; and
WHEREAS, R.S. 49:969 provides that “the legislature, by Concurrent Resolution, may suspend, amend, or repeal any rule or regulation or body of rules or regulations, or any fee or any increase, decrease, or repeal of any fee, adopted by a state department, agency, board, or commission…”
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby veto the BESE rule amending Title 28, Section 901 of Bulletin 741 which became effective April 20, 2016.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted to the chairman and members of the Board of Elementary and Secondary Education and to the Superintendent of Education.
To veto the Board of Elementary and Secondary Education (BESE) rule amending Title 28, Section 901 of Bulletin 741 effective April 20, 2016.
WHEREAS, on Dec. 2, 2015 the Louisiana Board of Elementary and Secondary Education did approve a NOI for the proposed rule change amending Title 28, Section 901 of Bulletin 741;
WHEREAS, the proposed rule change became effective on April 20, 2016;
WHEREAS, the legislature unanimously and unequivocally acknowledges the right to privacy of students in Louisiana through Act 837 of 2014; and
WHEREAS, the Act clearly defines that “family financial” information and student “social security numbers” are information of which officials and school system employees are prohibited from requiring the collection; and,
WHEREAS, family financial information and social security numbers are required information in completing a Free Application for Federal Financial Aid (FAFSA); and
WHEREAS, family financial information and social security numbers are required information in completing a Louisiana Office of Student Financial Assistance (LOSFA) application; and
WHEREAS, BESE’s rule amending Title 28, Section 901 of Bulletin 741 states that application to FAFSA or LOSFA is a requirement for high school graduation for students graduating spring 2018 and beyond; and
WHEREAS, such a requirement stands in direct violation of Act 837 and the Right to Privacy as protected under the 4th Amendment to the U.S. Constitution and within Article I, Section 5 of the Declaration of Rights under the Louisiana Constitution; and
WHEREAS, the legislature is the sole lawmaking authority as provided by the citizens of Louisiana through Article III of the Louisiana State Constitution; and
WHEREAS, R.S. 49:969 provides that “the legislature, by Concurrent Resolution, may suspend, amend, or repeal any rule or regulation or body of rules or regulations, or any fee or any increase, decrease, or repeal of any fee, adopted by a state department, agency, board, or commission…”
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby veto the BESE rule amending Title 28, Section 901 of Bulletin 741 which became effective April 20, 2016.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted to the chairman and members of the Board of Elementary and Secondary Education and to the Superintendent of Education.