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ACT No. 515
Regular Session, 2010
HOUSE BILL NO. 216
BY REPRESENTATIVES FOIL, THIBAUT, AND WILLIAMS AND SENATORS
APPEL, DUPLESSIS, LAFLEUR, AND LONG
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
two-year pilot program in each parish having a population in excess of one hundred21
ninety thousand persons according to the most recent federal decennial census. The22
program shall be implemented beginning with the 2011-2012 school year.23
(2) Any student who meets all of the following criteria is an eligible student:24 ENROLLEDHB NO. 216
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(a) The student has been evaluated by a local education agency as defined1
in R.S. 17:1942, is determined to be in need of services for autism, a mental2
disability, emotional disturbance, developmental delay, other health impairment,3
specific learning disability, or traumatic brain injury, and has an Individual4
Education Plan or a services plan in accordance with Title 34 of the Code of Federal5
Regulations Part 300.37.6
(b) The student is residing within a pilot program parish.7
(c) The student is eligible to attend public school and is entering8
kindergarten or grades one through eight.9
(d) The student is not deemed to be gifted or talented.10
C.(1) The state Department of Education, hereafter in this Part referred to as11
the "department", shall administer and provide for implementation of the program12
pursuant to rules and regulations developed and adopted for such purpose by the13
State Board of Elementary and Secondary Education in accordance with the14
Administrative Procedure Act. Such rules and regulations shall include procedures15
and guidelines permitting a parent or guardian of an eligible student who chooses to16
enroll the student in an eligible nonpublic school as provided in Subsection D of this17
Section to apply for an educational certificate, which is to be applied to the cost of18
educational services offered by the school and which is redeemable by the school19
from the department upon verification from the school that the student is enrolled in20
the school. The value of each certificate shall be determined by the department; the21
value shall be equivalent to fifty percent of the per pupil allocation of state funds to22
the city, parish, or other local public school district in which the eligible student is23
residing for that school year but shall not exceed the amount of tuition charged by24
the eligible nonpublic school. The funds to be paid for a certificate shall be divided25
into four equal payments to be made to each participating school in September,26
November, February, and May of each school year. Payments shall be based on per27
pupil count dates as determined by the department.28
(2) Any cost of educational services above the amount of the certificate29
issued to the parent or guardian shall not be paid by the state.30 ENROLLEDHB NO. 216
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D.(1) To be eligible to participate in the program and accept eligible students1
for enrollment in the program, a nonpublic school shall meet all of the following2
criteria:3
(a) Be approved by the State Board of Elementary and Secondary Education4
pursuant to R.S. 17:11 and have been so approved for the school year prior to the5
school's participation in the program.6
(b) Comply with the criteria set forth in Brumfield, et al. v. Dodd, et al. 4257
F. Supp. 528.8
(c) Has existed and provided educational services to students with9
exceptionalities as defined in R.S. 17:1942, excluding students deemed to be gifted10
or talented, for at least two years prior to participation in the program and such11
provision of services shall be pursuant to an established program in place at the12
school that includes instruction by teachers holding appropriate certification in13
special education or other appropriate education or training as defined by the14
department and that is in accordance with a student's Individual Education Plan and15
rules and regulations developed as required in this Section.16
(2) In accordance with time lines as determined by the department, each17
eligible nonpublic school choosing to participate in the program shall inform the18
department of the types of student exceptionalities as defined in R.S. 17:1942 that19
the school is willing to serve. Each school may determine the number of eligible20
students it will accept in any year of program participation and may establish criteria21
for enrollment of students. Each school shall have discretion in enrolling eligible22
students for participation in the program and no school shall be required to accept23
any eligible student.24
(3) No eligible nonpublic school shall require any student seeking to enroll25
and participate in the program to take an entrance examination.26
(4) Prior to enrollment, each eligible nonpublic school shall inform the27
parent or guardian of an eligible student of all rules, policies, and procedures of such28
school including but not limited to academic policies and disciplinary policies and29
procedures. Enrollment of an eligible student in the school shall constitute30 ENROLLEDHB NO. 216
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acceptance of such rules, policies, and procedures by the parent or guardian1
individually and on behalf of the eligible student. An eligible student may be2
expelled from the school in accordance with the school's discipline policies or may3
be disqualified from enrollment if the student is no longer eligible for the program4
as determined by the department.5
(5) Enrollment of eligible students shall be completed not later than April6
thirtieth of the school year prior to the year of participation by the school, and the7
school shall submit a list of all eligible students enrolled in the school to the8
department not later than June first of such year.9
E. The department shall submit a report to the House Committee on10
Education and the Senate Committee on Education not later than August 1, 2012, on11
the implementation of the program. The report shall include but shall not be limited12
to the number of eligible students participating in the program, the name of each13
participating nonpublic school, the number of eligible students each such school14
enrolled for participation in the program, and the department's recommendations as15
to whether the pilot program should continue on a pilot basis or be implemented16
statewide after the initial two-year pilot has ended.17
Section 2. The Louisiana State Law Institute is authorized and directed to designate18
R.S. 17:4011 through 4025 as Part I of Chapter 43 of Title 17 of the Louisiana Revised19
Statutes of 1950, to be entitled "Student Scholarships for Educational Excellence Program".20
The Louisiana State Law Institute is further authorized and directed to change the title of21
Chapter 43 to "School Choice Scholarships".22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: