SLS 12RS-377 ORIGINAL
Page 1 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 182
BY SENATOR NEVERS
SCHOOLS. Provides relative to school choice. (gov sig)
AN ACT1
To amend the title of Chapter 43 of Title 17 of the Louisiana Revised Statutes of 1950, to2
enact Part III of Chapter 43 of Title 17 of the Louisiana Revised Statutes of 1950, to3
be comprised of R.S. 17:4035 and 4035.1, and to enact Part IV of Chapter 43 of Title4
17 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 17:4035.55
through 4035.7, relative to school choice and school and educator accountability; to6
establish and provide for the implementation of the Louisiana Parental School7
Choice Scholarship program; to provide for definitions; to provide relative to the8
duties of the State Board of Elementary and Secondary Education and the state9
Department of Education; to provide relative to eligibility and participation10
requirements for students and schools; to provide relative to funding and payments11
to eligible schools; to provide relative to testing; to provide for reports; to provide12
relative to participation of certain non-public schools in the state school and district13
accountability system; to provide with respect to the certification and evaluation of14
teachers and administrators employed in certain non-public schools; and to provide15
for related matters.16
Be it enacted by the Legislature of Louisiana:17 SB NO. 182
SLS 12RS-377 ORIGINAL
Page 2 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 1. The title of Chapter 43 of Title 17 of the Louisiana Revised Statutes of1
1950, is hereby amended and reenacted and Part III of Chapter 43 of Title 17 of the2
Louisiana Revised Statutes of 1950, comprised of R.S. 17:4035 and 4035.1, and Part IV of3
Chapter 43 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S.4
17:4035.5 through 4035.7, are hereby enacted to read as follows:5
CHAPTER 43. SCHOOL CHOICE SCHOLARSHIPS6
* * *7
PART III. PARENTAL CHOICE8
§4035. Short title9
This Part shall be known and may be cited as the "Louisiana Parental10
School Choice Act".11
§4035.1. Parental School Choice Scholarship Program12
A. The Parental School Choice Scholarship Program is hereby created13
and shall be administered by the Department of Education.14
B. As used in this Section, unless otherwise clearly indicated, the15
following terms shall mean:16
(1) "Department" means the state Department of Education.17
(2) "Eligible student" means any child who is required to attend school18
pursuant to the provisions of R.S. 17:221.19
(3) "Participating school" means:20
(a) Every public elementary and secondary school.21
(b) Any non-public elementary and secondary school approved by the22
State Board of Elementary and Secondary Education that chooses to accept23
scholarship recipients pursuant to this Part.24
(c) Any home study program approved by the State Board of25
Elementary and Secondary Education in accordance with the provisions of R.S.26
17:236.1 that chooses to accept scholarship recipients pursuant to this Part.27
(4) "Scholarship" means the funds awarded to the parent or other legal28
guardian on behalf of an eligible student to attend a participating school29 SB NO. 182
SLS 12RS-377 ORIGINAL
Page 3 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
pursuant to this Part.1
(5) "Scholarship recipient" means an eligible student who is awarded a2
scholarship pursuant to this Part.3
C. (1) Beginning with the 2012-2013 school year, notwithstanding any4
law, rule, or regulation to the contrary, the parent or legal guardian of every5
eligible student may choose the participating school the student will attend,6
provided the requested school has sufficient capacity at the appropriate grade7
level.8
(2) The provisions of this Part shall apply regardless of school system9
boundaries and the governing authorities of all participating schools shall work10
cooperatively to ensure compliance herewith.11
(3) The authority of an eligible student's parent or legal guardian to12
choose the school the student will attend shall not be permitted and may not be13
exercised if doing so violates the order of any court of competent jurisdiction.14
D. The Department of Education shall:15
(1) Determine student eligibility for scholarships.16
(2) Establish a system to match eligible students with participating17
schools as requested by the student's parent or other legal guardian.18
(3) Remit scholarship payments to participating schools on behalf of a19
scholarship recipient.20
E.(1) The amount of the scholarship provided on behalf of a scholarship21
recipient shall be as follows:22
(a) For a scholarship recipient enrolled in a public elementary or23
secondary school, the scholarship amount shall be equal to the per pupil amount24
allocated to the governing authority of the school in which the student is25
enrolled, as contained in the Minimum Foundation Program formula.26
(b) For a scholarship recipient enrolled in a participating non-public27
elementary or secondary school, the scholarship amount shall be equal to the28
state portion of the per pupil allocation to the governing authority of the school29 SB NO. 182
SLS 12RS-377 ORIGINAL
Page 4 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
system within the boundaries of which the participating non-public school is1
located, as contained in the Minimum Foundation Program formula.2
(c) For a scholarship recipient enrolled in an approved home study3
program, the scholarship amount shall be equal to the state portion of the per4
pupil allocation to the governing authority of the school system within the5
boundaries of which the eligible student resides, as contained in the Minimum6
Foundation Program formula.7
(2) Funding for scholarships awarded to parents or other legal8
guardians of eligible students shall be provided through the Minimum9
Foundation Program formula as adopted by the State Board of Elementary and10
Secondary Education and approved by the legislature.11
F. A participating non-public school and home study program shall12
ensure that scholarship recipients are administered all examinations required13
pursuant to the Louisiana School and District Accountability System at the14
prescribed grade levels.15
G. The Department of Education annually shall report to the Senate16
Committee on Education, the House Committee on Education, and the Joint17
Legislative Committee on the Budget regarding the implementation of the18
program, including the number of eligible students receiving scholarships, a list19
of participating schools and the number of scholarship recipients each such20
school enrolled, and aggregate test result data for the scholarship recipients21
enrolled in each participating school.22
H. The State Board of Elementary and Secondary Education shall adopt23
and promulgate rules and regulations in accordance with the Administrative24
Procedure Act to implement the provisions of this Section.25
PART IV. SCHOOL CHOICE ACCOUNTABILITY26
§4035.5. Short Title27
This Part shall be known and may be cited as the "Louisiana School28
Choice Accountability Act".29 SB NO. 182
SLS 12RS-377 ORIGINAL
Page 5 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§4035.6. Non-public schools; participation in school and district accountability1
system; teacher and administrator certification and evaluation2
Each non-public elementary and secondary school with an enrollment3
of fifty or more students and which receives any state funds shall be required4
to participate in the Louisiana School and District Accountability System5
developed pursuant to R.S. 17:10.1 in the same manner and to the same extent6
as public elementary and secondary schools.7
§4035.7. Non-public schools; teacher and administrator certification and8
evaluation9
Each teacher and administrator employed in a non-public elementary10
and secondary school with an enrollment of fifty or more students and which11
receives any state funds shall be required to meet the same certification12
requirements and standards established for teachers and administrators in13
public elementary and secondary schools and shall be evaluated on an annual14
basis in the same manner established for teachers and administrators employed15
in public elementary and secondary schools pursuant to R.S. 17:3881 through16
3905.17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Proposed law changes the title of Ch. 43 of Title 17 of the La. Revised Statutes from "School
Choice Scholarships" to "School Choice".
Proposed law creates the La. Parental School Choice Scholarship Program as follows:
(1)Beginning with the 2012-2013 school year, the parent or legal guardian of every
child required to enroll in school pursuant to existing law may choose the school
their child will attend, be it a public school or a participating BESE approved non- SB NO. 182
SLS 12RS-377 ORIGINAL
Page 6 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
public school or home study program, provided the school requested has sufficient
capacity at the appropriate grade level. Provides that proposed law shall be
implemented regardless of school boundaries and requires the governing authorities
of all participating schools to work collaboratively to comply with proposed law.
Further provides that the authority of an eligible student's parent or legal guardian
to choose the school the student will attend shall not be permitted and may not be
exercised if doing so violates the order of any court of competent jurisdiction.
(2)Defines "participating school" as every public elementary and secondary school, and
any BESE approved non-public elementary and secondary school and home study
program that chooses to accept scholarship recipients.
(3)The Dept. of Education must:
(a)Determine student eligibility for scholarships.
(b)Establish a system to match eligible students with participating schools as
requested by the student's parent or legal guardian.
(c)Remit scholarship payments to participating schools on behalf of a
scholarship recipient.
(4)Provides for scholarship amounts as follows:
(a) For scholarship recipients enrolled in a public elementary or secondary
school, the scholarship amount shall be equal to the per pupil amount
allocated to the governing authority of the school in which the student is
enrolled, as contained in the MFP formula.
(b)For scholarship recipients enrolled in a participating non-public elementary
or secondary school, the scholarship amount shall be equal to the state
portion of the per pupil allocation to the governing authority of the school
system within the boundaries of which the participating non-public school is
located, as contained in the MFP formula.
(c) For scholarship recipients enrolled in an approved home study program, the
scholarship amount shall be equal to the state portion of the per pupil
allocation to the governing authority of the school system within the
boundaries of which the eligible student resides, as contained in the MFP
formula.
(5)Provides that funding for school choice scholarships shall be provided through the
MFP formula adopted by BESE and approved by the legislature.
Proposed law requires each non-public elementary and secondary school with an enrollment
of 50 or more students and which receives state funds to participate in the La. School and
District Accountability System in the same manner and to the same extent as public
elementary and secondary schools.
Proposed law provides that each teacher and administrator employed in a non-public
elementary and secondary school with an enrollment of 50 or more students and which
receives state funds must meet the same certification requirements and standards established
for teachers and administrators in public schools and must be evaluated on an annual basis
in the same manner established for teachers and administrators employed in public
elementary and secondary schools. SB NO. 182
SLS 12RS-377 ORIGINAL
Page 7 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Effective upon signature of the governor or lapse of time for gubernatorial
(Amends Ch. 43 of title 17 (title); adds R.S. 17:4035 and 4035.1 and 4035.5 through 4035.7)