HLS 12RS-292 REENGROSSED
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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), and (E), relative to the School3
Choice Pilot Program for Certain Students with Exceptionalities; to remove the4
limitation that the program be a two-year pilot program; to provide relative to student5
eligibility; to remove certain reporting requirements; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. The heading of Part II of Chapter 43 of Title 17 of the Louisiana Revised9
Statutes of 1950 and R.S. 17:4031(A), (B), and (E) are hereby amended and reenacted to10
read as follows: 11
PART II. SCHOOL CHOICE PILOT PROGRAM12
ยง4031. School choice program; students with exceptionalities; pilot program;13
establishment; purpose; student eligibility; nonpublic school eligibility;14
educational certificates; administration; 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 12RS-292 REENGROSSED
HB NO. 911
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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
* * *17
E.(1) The department shall submit a report to the House Committee on18
Education and the Senate Committee on Education not later than August 1, 2012, on19
the implementation of the program. The report shall include but shall not be limited20
to the number of eligible students participating in the program, the name of each21
participating nonpublic school, and the number of eligible students each such school22
enrolled for participation in the program, and the department's recommendations as23
to whether the pilot program should continue on a pilot basis or be implemented24
statewide after the initial two-year pilot has ended.25
(2) The department shall submit a report to the House Committee on26
Education and the Senate Committee on Education not later than December 1, 2014,27
on the implementation of the program. The report shall include but shall not be28
limited to the same information required in Paragraph (1) of this Subsection and also29 HLS 12RS-292 REENGROSSED
HB NO. 911
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
shall include the department's recommendations as to whether the program should1
continue in the program eligible parishes or be implemented statewide.2
Section 2. This Act shall be implemented beginning with the 2013-2014 school year3
and shall terminate at the end of the 2014-2015 school year.4
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 and provides relative to student eligibility requirements regarding residency
and grade.
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
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 but provides
for termination at the end of the 2014-2015 school year.
(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
one through eight.
(4)Removes requirement that the department's 2012 report include recommendations
to continue the program on a pilot basis or implement the program statewide.
(5)Requires the department to submit a report by Dec. 1, 2014, in the same manner as
provided in present law and additionally requires that the report include the HLS 12RS-292 REENGROSSED
HB NO. 911
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
department's recommendations as to whether the program should continue in the
program eligible parishes or be implemented statewide.
(6)Provides that proposed law shall be implemented beginning with the 2013-2014
school year.
(Amends the heading of Part II of Chapter 43 of Title 17 of the La. Revised Statutes of 1950
and R.S. 17:4031(A), (B), and (E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Deletes proposed law increase of the value of the educational certificate to 75%
of the per pupil allocation of state funds and retains present law value as 50% of
such allocation.
House Floor Amendments to the engrossed bill.
1. Requires the department to submit a report by Dec. 1, 2014, that includes the
department's recommendations as to whether the program should continue in the
program eligible parishes or be implemented statewide.
2. Provides that the program shall terminate at the end of the 2014-2015 school
year.