HLS 13RS-985 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 597
BY REPRESENTATIVE SEABAUGH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS/CHOICE: Provides for the Student Scholarships for Educational Excellence
Program
AN ACT1
To amend and reenact R.S. 17:158(A)(1) and Part I of Chapter 43 of Title 17 of the2
Louisiana Revised Statutes of 1950, comprised of R.S. 17:4011 through 4025,3
relative to school choice; to provide relative to the Student Scholarships for4
Educational Excellence Program; to provide relative to program eligibility and5
participation requirements for students and schools; to provide relative to selection6
and enrollment of eligible students; to provide relative to funding and payments to7
eligible schools including eligible nonpublic schools; and to provide for related8
matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 17:158(A)(1) and Part I of Chapter 43 of Title 17 of the Louisiana11
Revised Statutes of 1950, comprised of R.S. 17:4011 through 4025, are hereby amended and12
reenacted to read as follows:13
§158. School buses for transportation of students; employment of bus operators;14
alternative means of transportation; improvement of school bus turnarounds15
A.(1) Except as provided by Subsection H of this Section and in accordance16
with the requirements of Subsection F of this Section, each city, parish, and other17
local public school board shall provide free transportation for any student attending18
a school of suitable grade approved by the State Board of Elementary and Secondary19
Education within the jurisdictional boundaries of the local board if the student20 HLS 13RS-985 ORIGINAL
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resides more than one mile from such school. This requirement shall not apply to1
any student attending a nonpublic school pursuant to R.S. 17:4011 through 4025.2
* * *3
PART I. STUDENT SCHOLARSHIPS FOR4
EDUCATIONAL EXCELLENCE PROGRAM5
§4011. Short title6
This Chapter shall be known and may be cited as the "Student Scholarships7
for Educational Excellence Act".8
§4012. Legislative findings9
The legislature finds and declares that:10
(1) It is in the public interest that all Louisiana schoolchildren receive the11
best education that its citizens can provide, and the state of Louisiana has the right,12
responsibility, duty, and obligation to accomplish the objective of quality education13
for all Louisiana children.14
(2) Attendance of children at nonpublic schools constitutes compliance with15
the objectives of Louisiana's compulsory attendance law; nonpublic schools in16
Louisiana make a significant educational and economic contribution towards17
meeting the goal of a quality education for every Louisiana school child; and18
Louisiana has recognized and encouraged that contribution through providing19
textbooks and transportation to students attending approved nonpublic schools for20
many decades.21
(3) Effective nonpublic schools exist in Louisiana's school systems.22
(4) Nonpublic schools can offer a quality education to students and it is in23
the public interest to offer students in all systems the means of accessing the24
educational opportunities offered by nonpublic schools by providing them with25
scholarships to attend such schools.26
(5) Academically acceptable public schools can serve as quality alternatives27
for students attending low-performing public schools.28 HLS 13RS-985 ORIGINAL
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(6) It is the intent of this Chapter to create additional options for all children,1
including those with special needs or requiring special education services.2
(7) Any delay in implementation of this Chapter would work to the detriment3
of children.4
§4013. Definitions5
As used in this Chapter, unless otherwise clearly indicated, the following6
terms mean:7
(1) "Department" means the state Department of Education.8
(2) "Eligible student" means a student who resides in Louisiana, is a member9
of a family with a total income that does not exceed two hundred fifty percent of the10
current federal poverty guidelines as established by the federal office of management11
and budget, and who meets any one of the following criteria:12
(a) Is entering kindergarten and has enrolled in the local school system in13
which the public school he would have otherwise attended is located or in a school14
under the jurisdiction of the Recovery School District. Each local school system or15
the Recovery School District shall conduct its annual kindergarten enrollment16
process and shall report such enrollment to the department prior to the program17
enrollment process.18
(b) Was enrolled in a public school in Louisiana on October first and on19
February first of the most recent school year pursuant to the definition of student20
membership established by the state board for purposes of the minimum foundation21
program formula, and such school received a letter grade of "C", "D", or "F" or any22
variation thereof, for the most recent year pursuant to the school and district23
accountability system.24
(c) Received a scholarship pursuant to this Chapter in the previous school25
year.26
(3) "Participating school" means a nonpublic school that meets program27
requirements and seeks to enroll scholarship recipients pursuant to this Chapter or28
a public school that meets program requirements and seeks to enroll scholarship29 HLS 13RS-985 ORIGINAL
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recipients pursuant to this Chapter subject to any court-ordered desegregation plan1
in effect for the school system in which the public school is located.2
(4) "Program" means the Student Scholarships for Educational Excellence3
Program.4
(5) "Scholarship" means the funds awarded to a parent or other legal5
guardian on behalf of an eligible student to attend a participating public or nonpublic6
school pursuant to this Chapter.7
(6) "Scholarship recipient" means an eligible student who is awarded a8
scholarship pursuant to this Chapter.9
§4014. Student Scholarships for Educational Excellence Program; creation10
The Student Scholarships for Educational Excellence Program is hereby11
created and shall be administered by the department.12
§4015. Program administration13
In administering the program pursuant to this Chapter, the department shall:14
(1) Determine student eligibility for scholarships.15
(2) Receive notice of intent from schools seeking to participate in the16
program which shall include the number of available seats per grade and whether the17
school elects to offer an enrollment preference to a student based on the parish in18
which the student resides, and qualify such schools for participation in the program.19
For eligible public schools, the notice of intent shall be submitted by the principal20
of the school with the approval of the local superintendent. The local school board21
shall delegate the authority to participate in the program to the local superintendent.22
(3)(a) Accept applications from parents or legal guardians of eligible23
students and award scholarships to eligible students. Each application shall indicate24
the parent or legal guardian's choice or choices of participating schools.25
(b) In the event there are more eligible students who submit applications than26
there are available seats at participating schools for any grade, the department shall27
conduct a random selection process to award scholarships that provides each eligible28
student an equal opportunity for selection. Only after each student who attended or29 HLS 13RS-985 ORIGINAL
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otherwise would be attending a public school that received a letter grade of "D" or1
"F" or any variation thereof has been placed at a participating school which the2
parent or legal guardian indicated as a choice on the eligible student's application3
shall a student who attended a public school that received a letter grade of "C" or any4
variation thereof be entered into the random selection process. At such time, each5
student who attended or otherwise would be attending a public school that received6
a letter grade of "C" or any variation thereof shall be provided an equal opportunity7
for selection into that particular participating school. However, the department may8
give preference to the following:9
(i) Siblings of students already enrolled in the participating school.10
(ii) Students enrolled in the Nonpublic School Early Childhood Development11
Program at the participating school.12
(iii) Participating students transferring from an ineligible school pursuant to13
this Section.14
(iv) Students residing in the parishes as indicated pursuant to the notice of15
intent, if applicable.16
(c) For the purposes of the random selection process, twins, triplets,17
quadruplets, and other such multiple births shall constitute one individual.18
(4) Notify parents or legal guardians of eligible students who applied for19
scholarships whether they have been awarded a scholarship and placed at a particular20
participating school. The scholarship recipient shall be placed through the random21
selection process and according to his indicated preferences as provided in Paragraph22
(3) of this Section. For the purposes of this Section, a unified enrollment system23
administered by the Recovery School District may be considered the random24
selection process. The department shall continue the random selection process until25
each seat is filled according to the time line established by the department.26
(5) Remit scholarship payments to participating schools on behalf of a27
scholarship recipient.28 HLS 13RS-985 ORIGINAL
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(6) Receive independent financial audits from participating nonpublic1
schools as required by R.S. 17:4022(3).2
(7) Annually publish the following information for all schools participating3
in the program:4
(a) The most recent aggregate average proficiency rates on state assessments5
for scholarship recipients enrolled at each participating school.6
(b) A list of all public schools with a letter grade of "C", "D", or "F", or any7
variation thereof.8
(c) The rate at which scholarship recipients finish the highest grade level9
offered at a participating school, by entering cohort.10
(d) The retention rate for scholarship recipients.11
(f) The percentage of parents or legal guardians of scholarship recipients12
who are satisfied with the participating school.13
(8)(a) Place any participating school that fails to comply with the audit14
provisions pursuant to R.S. 17:4022(3) on probation for a period of one year during15
which such school shall not be permitted to enroll additional scholarship recipients.16
(b) If such school is not in full compliance by the end of the one-year17
probationary period, the school shall be ineligible to participate in the program until18
such time as the department has determined that the school is in full compliance.19
(c) The department shall assist any scholarship recipient attending a school20
that is ineligible to participate in the program in transferring to another participating21
school, provided such school has sufficient capacity at the appropriate grade level.22
(9) On or before August 1, 2012, develop criteria for participation that23
includes an accountability system for participating students at participating schools.24
After August 1, 2012, the accountability system shall not be altered except by an act25
of the legislature.26
§4016. Scholarship amounts; funding27
A. The state board shall allocate annually from the minimum foundation28
program an amount per pupil to each participating school equal to the amount29 HLS 13RS-985 ORIGINAL
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allocated per pupil to the local school system in which the scholarship recipient1
resides, considering all student characteristics. This amount shall be counted toward2
the equitable allocation of funds appropriated to parish and city school systems as3
provided in Article VIII, Section 13(B) of the Constitution of Louisiana. For a4
participating school that charges tuition, if the maximum amount of tuition plus5
incidental or supplementary fees that are charged to non-scholarship students6
enrolled in such school and any costs incurred in administering the tests required7
pursuant to R.S. 17:4023 is less than the amount allocated per pupil to the local8
school system in which the student resides, any remaining funds shall be returned to9
the state or to the local school system in which the scholarship recipient attended or10
otherwise would be attending public school for that year according to the pro rata11
share for the per pupil amount each year as determined by the minimum foundation12
program for the local school system in which the scholarship recipient attended or13
otherwise would be attending public school for that year.14
B.(1) If a scholarship recipient enrolled in a participating nonpublic school15
would have been entitled to receive special education services in the public school16
he would otherwise be attending, his parent or legal guardian shall acknowledge in17
writing, as part of the enrollment process that the parent or legal guardian agrees to18
accept only such services as are available to all students enrolled in the nonpublic19
school.20
(2) The parent or legal guardian may make a parental placement to receive21
special education and related services from a participating nonpublic school that has22
demonstrated the capacity to offer such services. In such case, the nonpublic school23
may charge a higher tuition for students receiving such services, the state board shall24
allocate annually from the minimum foundation program an amount per pupil to each25
participating nonpublic school equal to a special education tuition amount based on26
the cost of providing special education services identified for that student to the27
participating nonpublic school. This amount shall be in addition to the participating28
nonpublic school's maximum scholarship payment as described in Subsection A of29 HLS 13RS-985 ORIGINAL
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this Section but the total of the payment and the special education tuition shall not1
exceed the amount allocated for that student to the local school system if the student2
otherwise would be attending public school.3
(3)(a) A participating nonpublic school shall not discriminate against a child4
with special educational needs during the program admissions process. However,5
as a nonpublic school, a participating school is required to offer only those services6
that it already provides or such services as necessary to assist students with special7
needs that it can provide with minor adjustments. A nonpublic school may partner8
with the local school system to provide special education services.9
(b) Information regarding the services a participating school is able to and10
shall provide, the services the local school system is able to and shall provide, and11
the services the local school system currently provides to children with special needs12
who are enrolled in a nonpublic school shall be made available by the department to13
parents and legal guardians prior to the enrollment process.14
(4) To be determined to have demonstrated capacity to offer special15
education services pursuant to Paragraph (2) of this Subsection, a participating16
nonpublic school shall meet all of the following criteria:17
(a) Has existed and provided educational services to students with18
exceptionalities as defined in R.S. 17:1942, excluding students deemed to be gifted19
or talented, for at least two years prior to participation in the program and such20
provision of services shall be pursuant to an established program in place at the21
school that includes instruction by teachers holding appropriate certification in22
special education or other appropriate education or training as defined by the23
department and that is in accordance with a student's Individual Education Plan.24
(b) In accordance with time lines as determined by the department, inform25
the department of the types of student exceptionalities as defined in R.S. 17:1942(B)26
that the school is able to serve.27
C. Each scholarship recipient is a member of the local school system in28
which he attended or otherwise would be attending public school for that school29 HLS 13RS-985 ORIGINAL
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year. Prior to the program enrollment process and in accordance with a time line1
specified by the department for this purpose, students entering kindergarten shall2
enroll in the membership of the local school system in which they otherwise would3
be attending public school for that school year. Each local school system shall4
conduct its annual kindergarten enrollment process in accordance with the5
department's time line and shall report such enrollment to the department prior to the6
program enrollment process.7
§4017. Payment of scholarships8
A. The department shall transfer scholarship payments to each participating9
school on behalf of the responsible city or parish school district. No locally levied10
school district tax revenues shall be transferred to any participating school located11
outside of the school district where the tax is levied or any participating nonpublic12
school within the district.13
B. The amount to be paid for a scholarship shall be divided into four equal14
payments to be made to each participating school in September, December,15
February, and May of each school year. Payments shall be based on per pupil count16
dates as determined by the department. No refunds shall be made to the department17
or to the parent or legal guardian if the scholarship recipient withdraws from the18
program or is otherwise not enrolled prior to the next count date. The school in19
which the scholarship recipient is enrolled on the next count date shall receive the20
next payment.21
§4018. Student eligibility22
Scholarship recipients shall remain eligible to receive scholarships in each23
succeeding year that they remain enrolled in a participating school through grade24
twelve. Eligibility shall continue if a recipient transfers from one participating25
school to another participating school.26
§4019. District eligibility27
A covered district that is eligible for inclusion in the program on June 25,28
2008, shall be considered a covered district for the duration of the program.29 HLS 13RS-985 ORIGINAL
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§4020. School participation; application1
A. Participation in this program by a school is voluntary, and nothing in this2
Chapter shall be construed to authorize any additional regulation of participating3
schools beyond that specifically authorized by this Chapter.4
B. Any school that wishes to participate in the program and enroll5
scholarship recipients annually shall notify the department of its intent to participate6
in the program by February first of the previous school year; except that for the7
2012-2013 school year, a school that seeks to participate in the program shall notify8
the department of its intent to participate not later than June 30, 2012. The notice9
shall specify the number of seats the school will have available for scholarship10
recipients at each grade level and the maximum amount of tuition attributable to each11
available seat, as applicable.12
§4021. School eligibility13
A. To be eligible to participate in the program, a nonpublic school shall meet14
all of the following criteria:15
(1) Be approved, provisionally approved, or probationally approved by the16
State Board of Elementary and Secondary Education pursuant to R.S. 17:11.17
(2) Comply with the criteria set forth in Brumfield, et al. v. Dodd, et al. 42518
F. Supp. 528.19
(3) Enrollment of scholarship recipients in a participating school that has20
been approved, provisionally approved, or probationally approved for less than two21
years shall not exceed twenty percent of such school's total student enrollment.22
B. To be eligible to participate in the program, a public school shall have23
received a letter grade of "A" or "B", or any variation thereof, for the most recent24
school year pursuant to the school and district accountability system.25
C. Scholarship recipients enrolled in a participating school that fails to meet26
the eligibility criteria established in this Section may transfer to another participating27
school for the succeeding school year without loss of eligibility, and such recipients28
shall be given preference for enrollment at other participating schools.29 HLS 13RS-985 ORIGINAL
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§4022. Participating schools; requirements1
Each participating school shall:2
(1) Use an open admissions process in enrolling scholarship recipients in the3
program and shall not require any additional eligibility criteria other than those4
specified in R.S. 17:4013(2).5
(2) Within ten business days of the first day of school as determined by the6
participating school, notify the department of scholarship recipients enrolled.7
(3) Submit to the department an independent financial audit of the school8
conducted by a certified public accountant who has been approved by the legislative9
auditor. Such audit shall be accompanied by the auditor's statement that the report10
is free of material misstatements and fairly presents the participating school's11
maximum tuition or actual cost of educating a student pursuant to R.S. 17:4016. The12
audit shall be limited in scope to those records necessary for the department to make13
scholarship payments to the participating school and shall be submitted to the14
legislative auditor for review and investigation of any irregularities or audit findings.15
The participating school shall return to the state any funds that the legislative auditor16
determines were expended in a manner inconsistent with state law or program17
regulations. The cost of such audit shall be paid by the department from funds18
appropriated by the legislature to implement the provisions of this Chapter.19
(4) Accept the scholarship amounts provided to scholarship recipients as full20
payment of all educational costs, including incidental or supplementary fees that are21
charged to all enrolled students including but not limited to meals, field trips, and22
before- or after-school care.23
(5) Allow scholarship recipients to remain enrolled in the school for the24
duration of the school year at no additional cost to the state or the recipients' parents25
or legal guardians if the school voluntarily withdraws from the program. However,26
a scholarship recipient may be expelled from the school according to the school's27
discipline policy and the school shall report such dismissal to the department within28
two business days of such dismissal. If funding is not available to continue the29 HLS 13RS-985 ORIGINAL
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program, the participating school shall allow a scholarship recipient to remain1
enrolled in such school, provided such recipient meets the school's requirements for2
continued enrollment and his parent or legal guardian assumes responsibility for3
paying the tuition and fees charged to all students enrolled in the school.4
(6) Prior to enrollment, inform the parent or legal guardian of a scholarship5
recipient of any and all rules, policies, and procedures of such school, including but6
not limited to academic policies, disciplinary rules, and procedures of the school.7
Enrollment of a scholarship recipient in a participating school constitutes acceptance8
of any such rules, policies, and procedures of such school.9
§4023. Testing10
A participating nonpublic school shall ensure that scholarship recipients are11
administered all examinations required pursuant to the school and district12
accountability system at the prescribed grade levels and that the results of such13
examinations are provided to parents or legal guardians.14
§4024. Reports15
The department annually shall report to the Senate Committee on Education,16
the House Committee on Education, and the Joint Legislative Committee on the17
Budget regarding the implementation of the program, including the number of18
eligible students receiving scholarships, a list of participating schools and the19
number of scholarship recipients each such school enrolled, and aggregate test result20
data for the scholarship recipients enrolled in each participating school.21
§4025. Rules; severability22
A. The State Board of Elementary and Secondary Education shall adopt and23
promulgate rules and regulations in accordance with the Administrative Procedure24
Act to implement the provisions of this Chapter.25
B. If any provision of this Chapter or the application thereof is held invalid,26
such invalidity shall not affect other provisions or applications of this Chapter which27
can be given effect without the invalid provisions or applications, and to this end the28
provisions of this Chapter are hereby declared severable.29 HLS 13RS-985 ORIGINAL
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C. The severability provision hereof shall be broadly construed so as to give1
effect to each and every possible provision or application of this Chapter which is not2
specifically held invalid, unlawful, or unconstitutional.3
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)]
Seabaugh HB No. 597
Abstract: Provides for the Student Scholarships for Educational Excellence (vouchers)
Program.
Present law provides for the Student Scholarships for Educational Excellence Program.
Provides that eligible students are those residing in La. from families with a total income not
exceeding 250% of the current federal poverty guidelines and who are entering kindergarten,
were enrolled in a La. public school that had a letter grade of C, D, or F, or received a
scholarship the previous school year. Provides that eligible participating schools are public
and nonpublic schools throughout La. that meet program requirements.
Provides that the state Dept. of Education will conduct the random selection process and
authorizes enrollment preferences to students enrolled in the Nonpublic School Early
Childhood Development Program at the participating school, students transferring from an
ineligible school, and students residing in parishes as may be specified by eligible
participating schools. Provides that after students from "D" and "F" public schools are
placed in participating schools, students from "C" schools shall be entered into the random
selection process. Requires parents to indicate their choices of participating schools and
requires that scholarship recipients be placed according to the indicated preferences.
Provides that a participating nonpublic school has to have been approved for more than two
years in order to admit scholarship recipients as more than 20% of total enrollment.
Requires minimum foundation program (MFP) funds be allocated to each participating
school in an amount equal to the per-pupil amount allocated to the local school system where
the participating student resides. Provides that the amount be counted toward the equitable
allocation of funds appropriated to local school systems as provided in present constitution
(Art. 8, §13). For participating schools that charge tuition, requires that under certain
circumstances, any remaining funds be returned to the state or to the local public school
system according to the pro rata share for the annual per-pupil amount as determined by the
MFP. Provides that scholarship recipients be considered public school students for MFP
funding purposes.
Permits parents of special education students receiving scholarships to make a parental
placement to receive special education services from a nonpublic school that has
demonstrated capacity to offer the services. Allows participating nonpublic schools to
charge higher tuition for special education students. Requires MFP funds be allocated to
each participating school in a per-pupil amount equal to a special education tuition amount
which is in addition to the nonpublic school's maximum scholarship payment. Prohibits the
total of the payment and the special education tuition from exceeding the amount allocated
for that student to the local school system.
Requires the department to develop an accountability system for participating students at
participating schools and prohibits any change to such system except by an Act of the
legislature. Further requires the department to annually publish certain student test result HLS 13RS-985 ORIGINAL
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data, a list of public schools with certain letter grades, cohort graduation rates, retention
rates, and parental satisfaction rates for participating schools as applicable. Provides that
local school boards shall delegate authority to participate in the program to the local
superintendent. Requires participating nonpublic schools to provide parents with the results
of the state examinations required to be administered to scholarship recipients. Exempts
scholarship recipients attending participating nonpublic schools from present law that
requires local school boards to provide free transportation to students who reside more than
one mile from school.
Permits scholarship recipients to remain eligible to receive scholarships in each succeeding
year that they remain enrolled in a participating school through grade 12. Allows for
enrollment preferences to siblings of scholarship recipients. Requires participating
nonpublic schools to ensure that scholarship recipients are administered all examinations
required pursuant to the state's school and district accountability program. Provides for
administration of the program by the state Dept. of Education in accordance with rules and
regulations adopted by the State Board of Elementary and Secondary Education (BESE).
Requires the department annually to report to the House and Senate education committees
and the Joint Legislative Committee on the Budget on the implementation of the program
including specified information.
Proposed law retains present law.
(Amends R.S. 17:158(A)(1) and 4011 - 4025)