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Regular Session, 2010
HOUSE BILL NO. 216
BY REPRESENTATIVES FOIL, THIBAUT, AND WILLIAMS
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; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Part II of Chapter 43 of Title 17 of the Louisiana Revised Statutes of9
1950, comprised of R.S. 17:4031, is hereby enacted to read as follows:10
PART II. SCHOOL CHOICE PILOT PROGRAM11
ยง4031. School choice; students with exceptionalities; pilot program; establishment;12
purpose; student eligibility; nonpublic school eligibility; administration;13
implementation; reporting14
A. The purpose of the pilot program established in this Section is to provide15
certain students with exceptionalities the opportunity to attend schools of their16
parents' choosing that provide educational services that specifically address the needs17
of such students.18
B.(1) The School Choice Pilot Program for Certain Students with19
Exceptionalities, hereinafter referred to as the "program", is hereby established as a20 HLS 10RS-253 REENGROSSED
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two-year pilot program in each parish having a population in excess of one hundred1
ninety thousand persons according to the most recent federal decennial census. The2
program shall be implemented beginning with the 2011-2012 school year.3
(2) Any student who meets all of the following criteria is an eligible student:4
(a) The student has been evaluated by a local education agency as defined5
in R.S. 17:1942, is determined to be in need of services for autism, a mental6
disability, emotional disturbance, developmental delay, other health impairment,7
specific learning disability, or traumatic brain injury, and has an Individual8
Education Plan or a services plan in accordance with Title 34 of the Code of Federal9
Regulations Part 300.37.10
(b) The student is residing within a pilot program parish.11
(c) The student is eligible to attend public school and is entering12
kindergarten or grades one through eight.13
(d) The student is not deemed to be gifted or talented.14
C.(1) The state Department of Education, hereafter in this Part referred to as15
the "department", shall administer and provide for implementation of the program16
pursuant to rules and regulations developed and adopted for such purpose by the17
State Board of Elementary and Secondary Education in accordance with the18
Administrative Procedure Act. Such rules and regulations shall include procedures19
and guidelines permitting a parent or guardian of an eligible student who chooses to20
enroll the student in an eligible nonpublic school as provided in Subsection D of this21
Section to apply for an educational certificate, which is to be applied to the cost of22
educational services offered by the school and which is redeemable by the school23
from the department upon verification from the school that the student is enrolled in24
the school. The value of each certificate shall be determined by the department; the25
value shall be equivalent to fifty percent of the per pupil allocation of state funds to26
the city, parish, or other local public school district in which the eligible student is27
residing for that school year but shall not exceed the amount of tuition charged by28
the eligible nonpublic school. The funds to be paid for a certificate shall be divided29 HLS 10RS-253 REENGROSSED
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into four equal payments to be made to each participating school in September,1
November, February, and May of each school year. Payments shall be based on per2
pupil count dates as determined by the department.3
(2) Any cost of educational services above the amount of the certificate4
issued to the parent or guardian shall not be paid by the state.5
D.(1) To be eligible to participate in the program and accept eligible students6
for enrollment in the program, a nonpublic school shall meet all of the following7
criteria:8
(a) Be approved by the State Board of Elementary and Secondary Education9
pursuant to R.S. 17:11 and have been so approved for the school year prior to the10
school's participation in the program.11
(b) Comply with the criteria set forth in Brumfield, et al. v. Dodd, et al. 42512
F. Supp. 528.13
(c) Has existed and provided educational services to students with14
exceptionalities as defined in R.S. 17:1942, excluding students deemed to be gifted15
or talented, for at least two years prior to participation in the program and such16
provision of services shall be pursuant to an established program in place at the17
school that includes instruction by teachers holding appropriate certification in18
special education or other appropriate education or training as defined by the19
department and that is in accordance with a student's Individual Education Plan and20
rules and regulations developed as required in this Section.21
(2) In accordance with time lines as determined by the department, each22
eligible nonpublic school choosing to participate in the program shall inform the23
department of the types of student exceptionalities as defined in R.S. 17:1942 that24
the school is willing to serve. Each school may determine the number of eligible25
students it will accept in any year of program participation and may establish criteria26
for enrollment of students. Each school shall have discretion in enrolling eligible27
students for participation in the program and no school shall be required to accept28
any eligible student.29 HLS 10RS-253 REENGROSSED
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(3) No eligible nonpublic school shall require any student seeking to enroll1
and participate in the program to take an entrance examination.2
(4) Prior to enrollment, each eligible nonpublic school shall inform the3
parent or guardian of an eligible student of all rules, policies, and procedures of such4
school including but not limited to academic policies and disciplinary policies and5
procedures. Enrollment of an eligible student in the school shall constitute6
acceptance of such rules, policies, and procedures by the parent or guardian7
individually and on behalf of the eligible student. An eligible student may be8
expelled from the school in accordance with the school's discipline policies or may9
be disqualified from enrollment if the student is no longer eligible for the program10
as determined by the department.11
(5) Enrollment of eligible students shall be completed not later than April12
thirtieth of the school year prior to the year of participation by the school, and the13
school shall submit a list of all eligible students enrolled in the school to the14
department not later than June first of such year.15
E. The department shall submit a report to the House Committee on16
Education and the Senate Committee on Education not later than August 1, 2012, on17
the implementation of the program. The report shall include but shall not be limited18
to the number of eligible students participating in the program, the name of each19
participating nonpublic school, the number of eligible students each such school20
enrolled for participation in the program, and the department's recommendations as21
to whether the pilot program should continue on a pilot basis or be implemented22
statewide after the initial two-year pilot has ended.23
Section 2. The Louisiana State Law Institute is authorized and directed to designate24
R.S. 17:4011 through 4025 as Part I of Chapter 43 of Title 17 of the Louisiana Revised25
Statutes of 1950, to be entitled "Student Scholarships for Educational Excellence Program".26
The Louisiana State Law Institute is further authorized and directed to change the title of27
Chapter 43 to "School Choice Scholarships".28 HLS 10RS-253 REENGROSSED
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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 2011-2012 school year.
Provides program eligibility requirements for students and participating nonpublic
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 2011-2012 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 has been evaluated by a local education agency, is determined to be in
need of services for autism, a mental disability, emotional disturbance,
developmental delay, other health impairment, specific learning disability, or
traumatic brain injury, and has an Individual Education Plan (IEP) or a services plan
in accordance with specified federal regulations.
(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.
(4)The student is not deemed to be gifted or talented.
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.
(3)Has existed and provided educational services to students with exceptionalities,
excluding gifted or talented students, for at least two years prior to participation in
the program pursuant to an established program that includes instruction by teachers
holding certification in special education or other appropriate education or training
as defined by the department and that is in accordance with a student's IEP and pilot
program rules and regulations.
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 an educational certificate for the cost of educational
services offered by the school. Requires certain verification from the school in order to
redeem the certificate. Specifies that the value of each certificate shall be determined by the HLS 10RS-253 REENGROSSED
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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 but shall not exceed the tuition amount charged by the eligible nonpublic school.
Provides that payments shall be made at four specified times and shall be based on certain
per pupil count dates. Requires that any cost above the amount of the certificate issued to
the parent/guardian shall not be paid by the state.
Relative to requirements and authority for eligible nonpublic schools, proposed law provides
that each such school:
(1)Shall inform the department of the types of student exceptionalities it is willing to
serve.
(2)May determine the number of eligible students it will accept in any year of program
participation and may establish enrollment criteria.
(3)Has discretion in enrolling eligible students.
(4)Shall not be required to accept any eligible student.
(5)Shall not require any eligible student to take an entrance examination.
(6)Prior to enrollment, shall inform the parent/guardian of an eligible student of all
rules, policies, and procedures of the school including academic policies and
disciplinary policies and procedures.
(7)Shall annually submit a list of all eligible students enrolled in the school to the
department.
Provides that enrollment of an eligible student in the school shall constitute acceptance of
the school's rules, policies, and procedures by the parent/guardian. Provides that an eligible
student may be expelled from the school or disqualified from enrollment if he is no longer
eligible for the program.
Provides that enrollment of eligible students shall be completed by April 30th of the school
year prior to the year of participation.
Requires the department to submit a report to the House and Senate education committees
by Aug. 1, 2012, 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.
(Adds R.S. 17:4031)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Changed pilot program beginning implementation date from the 2010-2011
school year to the 2011-2012 school year.
2. Relative to student eligibility, added requirement that the student shall be one
that has been evaluated by a local education agency, is determined to be in need
of services, and has an Individual Education Plan (IEP), instead of a student with
an exceptionality as defined in present law. HLS 10RS-253 REENGROSSED
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3. Relative to program procedures and guidelines permitting a parent/guardian to
apply for and receive an educational certificate, deleted "and receive".
4. Required verification from the eligible nonpublic school that the eligible student
is enrolled in the school in order to redeem an educational certificate.
5. Provided that the value of an educational certificate shall not exceed the tuition
amount charged by the eligible nonpublic school.
6. Provided for certificate payments to be made in four payments at specified times.
7. Provided that payments shall be based on certain per pupil count dates.
8. Relative to nonpublic school eligibility, added requirement that the school has
existed and provided educational services to students with exceptionalities,
excluding gifted or talented students, for at least two years prior to participation
in the program pursuant to an established program that includes instruction by
teachers certified in special education and that is in accordance with a student's
IEP and pilot program rules and regulations.
9. Added requirements and authority for eligible nonpublic schools relative to:
providing certain information to the department and parents/guardians,
determining the number of eligible students to accept, establishing enrollment
criteria, discretion in accepting and enrolling eligible students, and prohibiting
entrance exams.
10.Deleted emergency effective date provision.
House Floor Amendments to the engrossed bill.
1. Changed the definition of eligible student to a student who is determined to be
in need of services for autism, a mental disability, emotional disturbance,
developmental delay, other health impairment, specific learning disability, or
traumatic brain injury and has an IEP or a services plan in accordance with
certain federal regulations. Prior to amendment, defined eligible student as a
student in need of services and who has an Individual Education Plan.
2. Relative to nonpublic school eligibility, added that the school's established
special education program may also include instruction by teachers holding other
appropriate education or training as defined by the department rather than only
by teachers with special education certification.