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Regular Session, 2012
HOUSE BILL NO. 911
BY REPRESENTATIVE FOIL
SCHOOLS/CHOICE: Provides relative to the School Choice Pilot Program for Certain
Students with Exceptionalities
AN ACT1
To amend and reenact the heading of Part II of Chapter 43 of Title 17 of the Louisiana2
Revised Statutes of 1950 and R.S. 17:4031(A), (B), (C)(1), and (E), relative to the3
School Choice Pilot Program for Certain Students with Exceptionalities; to remove4
the limitation that the program be a two-year pilot program; to provide relative to5
student eligibility; to increase the value of the educational certificates issued to6
parents of eligible students; to remove certain reporting requirements; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. The heading of Part II of Chapter 43 of Title 17 of the Louisiana Revised10
Statutes of 1950 and R.S. 17:4031(A), (B), (C)(1), and (E) are hereby amended and11
reenacted to read as follows: 12
PART II. SCHOOL CHOICE PILOT PROGRAM13
ยง4031. School choice program; students with exceptionalities; pilot program;14
establishment; purpose; student eligibility; nonpublic school eligibility;15
educational certificates; administration; implementation; reporting16
A. The purpose of the pilot program established in this Section is to provide17
certain students with exceptionalities the opportunity to attend schools of their18
parents' choosing that provide educational services that specifically address the needs19
of such students.20 HLS 12RS-292 ORIGINAL
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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 2011-2012 school year.5
(2) Any student who meets all of the following criteria is an eligible student:6
(a) The student has been evaluated by a local education agency as defined7
in R.S. 17:1942, is determined to be in need of services for autism, a mental8
disability, emotional disturbance, developmental delay, other health impairment,9
specific learning disability, or traumatic brain injury, and has an Individual10
Education Plan or a services plan in accordance with Title 34 of the Code of Federal11
Regulations Part 300.37.12
(b) The student is residing within a pilot program parish.13
(c) The student is eligible to attend public school and is entering14
kindergarten or grades one through eight.15
(d) (c) The student is not deemed to be gifted or talented.16
C.(1) The state Department of Education, hereafter in this Part referred to as17
the "department", shall administer and provide for implementation of the program18
pursuant to rules and regulations developed and adopted for such purpose by the19
State Board of Elementary and Secondary Education in accordance with the20
Administrative Procedure Act. Such rules and regulations shall include procedures21
and guidelines permitting a parent or guardian of an eligible student who chooses to22
enroll the student in an eligible nonpublic school as provided in Subsection D of this23
Section to apply for an educational certificate, which is to be applied to the cost of24
educational services offered by the school and which is redeemable by the school25
from the department upon verification from the school that the student is enrolled in26
the school. The value of each certificate shall be determined by the department; the27
value shall be equivalent to fifty seventy-five percent of the per pupil allocation of28
state funds to the city, parish, or other local public school district in which the29 HLS 12RS-292 ORIGINAL
HB NO. 911
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eligible student is residing for that school year but shall not exceed the amount of1
tuition charged by the eligible nonpublic school. The funds to be paid for a2
certificate shall be divided into four equal payments to be made to each participating3
school in September, November, February, and May of each school year. Payments4
shall be based on per pupil count dates as determined by the department.5
* * *6
E. The department shall submit a report to the House Committee on7
Education and the Senate Committee on Education not later than August 1, 2012, on8
the implementation of the program. The report shall include but shall not be limited9
to the number of eligible students participating in the program, the name of each10
participating nonpublic school, and the number of eligible students each such school11
enrolled for participation in the program, and the department's recommendations as12
to whether the pilot program should continue on a pilot basis or be implemented13
statewide after the initial two-year pilot has ended.14
Section 2. This Act shall be implemented beginning with the 2013-2014 school year.15
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. 911
Abstract: Relative to the School Choice Pilot Program for Certain Students with
Exceptionalities, removes the limitation that the program be a two-year pilot
program; provides relative to student eligibility requirements regarding residency
and grade; and increases the value of the educational certificates issued to parents of
eligible students.
Present 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
parishes with a population in excess of 190,000 (currently, Caddo, Calcasieu, East Baton
Rouge, Jefferson, Lafayette, Orleans, and St. Tammany). Provides for student eligibility
including that the student is determined to be in need of special education services for
specified exceptionalities, is residing within a pilot program parish, and is entering
kindergarten or grades one through eight. Provides for nonpublic school eligibility,
requirements, and authority. Provides for program administration and implementation by
the state Dept. of Education pursuant to rules and regulations of the State Board of
Elementary and Secondary Education. Permits parents/guardians of eligible students to
apply for educational certificates for the cost of educational services offered by eligible
nonpublic schools. 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 HLS 12RS-292 ORIGINAL
HB NO. 911
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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.
Requires the department to submit a report to the House and Senate education committees
by Aug. 1, 2012, on the implementation of the program including certain information and
recommendations.
Proposed law retains present law except as follows:
(1)Removes the limitation that the program be a two-year pilot program.
(2)Removes the eligibility requirement that a student is residing within a pilot program
parish.
(3)Removes the eligibility requirement that a student is entering kindergarten or grades
1-8.
(4)Increases the maximum value of the educational certificate from 50% of the per
pupil allocation of state funds as specified in present law to 75% of such allocation.
(5)Removes requirement that the department's report include recommendations to
continue the program on a pilot basis or implement the program statewide.
(Amends the heading of Part II of Ch. 43 of Title 17 of the L.R.S. of 1950 and R.S.
17:4031(A), (B), (C)(1), and (E))