HLS 10RS-253 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 216
BY REPRESENTATIVE FOIL
SCHOOLS/CHOICE: Provides for a school choice pilot program for certain students with
exceptionalities
AN ACT1
To enact Part II of Chapter 43 of Title 17 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 17:4031, relative to the establishment of a school choice pilot3
program in certain parishes for certain students with exceptionalities; to provide for4
the purpose of the program; to provide program eligibility requirements for5
participating students and nonpublic schools; to provide for program administration,6
implementation, and reporting; to provide for effectiveness; and to provide for7
related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Part II of Chapter 43 of Title 17 of the Louisiana Revised Statutes of 1950,10
comprised of R.S. 17:4031, is hereby enacted to read as follows:11
PART II. SCHOOL CHOICE PILOT PROGRAM12
ยง4031. School choice; students with exceptionalities; pilot program; establishment;13
purpose; student eligibility; nonpublic school eligibility; administration;14
implementation; reporting15
A. The purpose of the pilot program established in this Section is to provide16
certain students with exceptionalities the opportunity to attend schools of their17
parents' choosing that provide educational services that specifically address the needs18
of such students.19 HLS 10RS-253 ORIGINAL
HB NO. 216
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B.(1) The School Choice Pilot Program for Certain Students with1
Exceptionalities, hereinafter referred to as the "program", is hereby established as a2
two-year pilot program in each parish having a population in excess of one hundred3
ninety thousand persons according to the most recent federal decennial census. The4
program shall be implemented beginning with the 2010-2011 school year.5
(2) Any student who meets all of the following criteria is an eligible student:6
(a) The student is a student with an exceptionality as defined in R.S.7
17:1942, excluding any student who is deemed to be gifted or talented.8
(b) The student is residing within a pilot program parish.9
(c) The student is eligible to attend public school and is entering10
kindergarten or grades one through eight.11
C.(1) The state Department of Education, hereafter in this Part referred to as12
the "department", shall administer and provide for implementation of the program13
pursuant to rules and regulations developed and adopted for such purpose by the14
State Board of Elementary and Secondary Education in accordance with the15
Administrative Procedure Act. Such rules and regulations shall include procedures16
and guidelines permitting a parent or guardian of an eligible student who chooses to17
enroll the student in an eligible nonpublic school as provided in Subsection D of this18
Section to apply for and receive an educational certificate, which is to be applied to19
the cost of educational services offered by the school and which is redeemable by the20
school from the department. The value of each certificate shall be determined by the21
department; the value shall be equivalent to fifty percent of the per pupil allocation22
of state funds to the city, parish, or other local public school district in which the23
eligible student is residing for that school year.24
(2) Any cost of educational services above the amount of the certificate25
issued to the parent or guardian shall not be paid by the state.26
D. To be eligible to participate in the program and accept eligible students27
for enrollment in the program, a nonpublic school shall meet all of the following28
criteria:29 HLS 10RS-253 ORIGINAL
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(1) Be approved by the State Board of Elementary and Secondary Education1
pursuant to R.S. 17:11 and have been so approved for the school year prior to the2
school's participation in the program.3
(2) Comply with the criteria set forth in Brumfield, et al. v. Dodd, et al. 4254
F. Supp. 528.5
E. The department shall submit a report to the House Committee on6
Education and the Senate Committee on Education by not later than August 1, 2011,7
on the implementation of the program. The report shall include but shall not be8
limited to the number of eligible students participating in the program, the name of9
each participating nonpublic school, the number of eligible students each such school10
enrolled for participation in the program, and the department's recommendations as11
to whether the pilot program should continue on a pilot basis or be implemented12
statewide after the initial two-year pilot has ended.13
Section 2. The Louisiana State Law Institute is authorized and directed to designate14
R.S. 17:4011 through 4025 as Part I of Chapter 43 of Title 17 of the Louisiana Revised15
Statutes of 1950, to be entitled "Student Scholarships for Educational Excellence Program".16
The Louisiana State Law Institute is further authorized and directed to change the title of17
Chapter 43 to "School Choice Scholarships".18
Section 3. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If21
vetoed by the governor and subsequently approved by the legislature, this Act shall become22
effective on the day following such approval.23
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Foil HB No. 216
Abstract: Establishes the School Choice Pilot Program for Certain Students with
Exceptionalities in certain parishes beginning with the 2010-2011 school year.
Provides program eligibility requirements for students and participating nonpublic HLS 10RS-253 ORIGINAL
HB NO. 216
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are additions.
schools. Provides for program administration and implementation by the state Dept.
of Education.
Proposed law establishes the School Choice Pilot Program for Certain Students with
Exceptionalities as a two-year pilot program beginning with the 2010-2011 school year in
any parish with a population in excess of 190,000 according to the most recent federal
decennial census.
Provides for student eligibility as follows:
(1)The student is a student with an exceptionality as defined in present law (R.S.
17:1942(B)), except gifted or talented students.
(2)The student is residing in a pilot program parish.
(3)The student is eligible to attend public school and is entering kindergarten or grades
one through eight.
Provides for nonpublic school eligibility as follows:
(1)Be approved by the State Board of Elementary and Secondary Education and have
been so approved for the school year prior to the school's participation in the
program.
(2)Comply with the criteria set forth in Brumfield, et al. v. Dodd, et al. 425 F. Supp.
528.
Provides for program administration and implementation by the state Dept. of Education
pursuant to rules and regulations adopted by the State Board of Elementary and Secondary
Education. Provides that such rules and regulations shall include procedures and guidelines
permitting a parent or guardian of an eligible student who chooses to enroll the student in
an eligible nonpublic school to apply for and receive an educational certificate for the cost
of educational services offered by the school. Specifies that the value of each certificate
shall be determined by the department and shall be an amount equivalent to 50% of the per
pupil allocation of state funds to the local public school district in which the eligible student
is residing for that school year. Requires that any cost above the amount of the certificate
issued to the parent or guardian shall not be paid by the state.
Requires the department to submit a report to the House and Senate education committees
by Aug. 1, 2011, on the implementation of the program. Requires certain information to be
contained in the report including the department's recommendations as to whether the pilot
program should continue on a pilot basis or be implemented statewide.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:4031)