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Regular Session, 2014
HOUSE BILL NO. 192
BY REPRESENTATIVE PEARSON
SCHOOLS/CHOICE: Provides relative to the Student Scholarships for Educational
Excellence (voucher) Program, including scholarship amounts, funding, and
eligibility requirements for kindergarten students
AN ACT1
To amend and reenact R.S. 17:4013(2)(a) and 4016(A) and (B)(2) and to repeal R.S.2
17:4016(C), relative to the Student Scholarships for Educational Excellence3
Program; to provide relative to program funding, for scholarship amounts, and for4
eligibility for kindergarten students; to provide relative to enrollment of kindergarten5
students in the public school system; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:4013(2)(a) and 4016(A) and (B)(2) are hereby amended and8
reenacted to read as follows:9
§4013. Definitions10
As used in this Chapter, unless otherwise clearly indicated, the following11
terms mean:12
* * *13
(2) "Eligible student" means a student who resides in Louisiana, is a member14
of a family with a total income that does not exceed two hundred fifty percent of the15
current federal poverty guidelines as established by the federal office of management16
and budget, and who meets any one of the following criteria:17
(a) Is entering kindergarten and has enrolled in the local school system in18
which the public school he would have otherwise attended is located received a letter19
grade of "C", "D", or "F" or any variation thereof for the most recent school year20 HB NO. 192
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pursuant to the school and district accountability system. or in a school under the1
jurisdiction of the Recovery School District. Each local school system or the2
Recovery School District shall conduct its annual kindergarten enrollment process3
and shall report such enrollment to the department prior to the program enrollment4
process.5
* * *6
§4016. Scholarship amounts; funding7
A. The state board shall allocate annually from the minimum foundation8
program funds appropriated or otherwise available for the program an amount per9
pupil to each participating school equal to the amount allocated per pupil as provided10
in the minimum foundation program formula to the local school system in which the11
scholarship recipient resides, considering all student characteristics. This amount12
shall be counted toward the equitable allocation of funds appropriated to parish and13
city school systems as provided in Article VIII, Section 13(B) of the Constitution of14
Louisiana. For a participating school that charges tuition, if the maximum amount15
of tuition plus incidental or supplementary fees that are charged to non-scholarship16
students enrolled in such school and any costs incurred in administering the tests17
required pursuant to R.S. 17:4023 is less than the amount to be allocated per pupil18
to the local school system in which the student resides, any remaining funds shall be19
returned to the state or to the local school system in which the scholarship recipient20
attended or otherwise would be attending public school for that year according to the21
pro rata share for the per pupil amount each year as determined by the minimum22
foundation program for the local school system in which the scholarship recipient23
attended or otherwise would be attending public school for that year. the24
participating school as provided in this Subsection, then the amount allocated per25
pupil to such school shall equal the sum of such maximum tuition amount, such26
incidental or supplementary fees charged to non-scholarship students, and such27
testing costs.28
B.29
* * *30 HB NO. 192
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(2) The parent or legal guardian may make a parental placement to receive1
special education and related services from a participating nonpublic school that has2
demonstrated the capacity to offer such services. In such case, the nonpublic school3
may charge a higher tuition for students receiving such services, and the state board4
shall allocate annually from the minimum foundation program funds appropriated5
or otherwise available for the program an amount per pupil to each participating6
nonpublic school equal to a special education tuition amount based on the cost of7
providing special education services identified for that student to the participating8
nonpublic school. This amount shall be in addition to the participating nonpublic9
school's maximum scholarship payment as described in Subsection A of this Section,10
but the total of the payment and the special education tuition shall not exceed the11
amount that would be allocated pursuant to the minimum foundation program12
formula for that student to the local school system if the student otherwise would be13
attending public school.14
* * *15
Section 2. R.S. 17:4016(C) is hereby repealed in its entirety.16
Section 3. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
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)]
Pearson HB No. 192
Abstract: Relative to the Student Scholarships for Educational Excellence (voucher)
Program, provides relative to program funding, scholarship amounts, and scholarship
eligibility for kindergarten students.
Present law provides for a voucher program known as the Student Scholarships for
Educational Excellence Program administered by the state Dept. of Education. Provides for
scholarships to be awarded to eligible students to attend public and nonpublic schools that HB NO. 192
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volunteer to participate in the program and meet certain eligibility requirements. Present law
provides that an eligible student is one residing in La. from a family with a total income not
exceeding 250% of the current federal poverty guidelines who meets one of the following
criteria:
(1)Is entering kindergarten and has enrolled in the local school system in which the
public school he would have otherwise attended is located or in a school under the
jurisdiction of the Recovery School District.
(2)Was enrolled in a La. public school during the most recent school year and the
school had a letter grade of "C", "D", or "F".
(3)Received a scholarship the previous school year.
Proposed law retains present law except specifies, with respect to eligibility for a student
entering kindergarten, that the public school he would otherwise have attended must have
received a letter grade of "C", "D", or "F" or any variation thereof for the most recent school
year.
Present law provides that each voucher recipient is a member of the local public school
system and each kindergarten student must enroll with the school system in which he would
otherwise be attending school. Requires each local school system and the Recovery School
District to conduct an annual kindergarten enrollment process and report such enrollment
to the department prior to the voucher program enrollment process. Proposed law repeals
present law.
Present law provides that minimum foundation program (MFP) funds be allocated per
participating student 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. VIII, §13). For participating schools that
charge tuition, if the maximum tuition plus fees charged to non-scholarship students plus
costs incurred for administering school and district accountability system tests required by
the program (R.S. 17:4023) is less than the amount allocated per pupil to the local school
system where the student resides, requires that 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.
Present case law holds that the diversion of MFP funds to nonpublic schools is
unconstitutional, Louisiana Federation of Teachers, et al v State of Louisiana, et al, 118
So.3d 1033, 2013-0120 (La. 5/7/13).
Proposed law provides instead that funds appropriated or otherwise available for the purpose
be allocated per participating student to each participating school in an amount equal to the
per-pupil amount allocated in the MFP to the local school system where the participating
student resides. Removes provision that the amount be counted toward the equitable
allocation of funds appropriated to local school systems as provided in present constitution
(Art. VIII, §13). Provides that for participating schools that charge tuition, if the maximum
tuition plus fees charged to non-scholarship students plus costs incurred for administering
school and district accountability system tests is less than the amount to be allocated per
pupil to the participating school, then the amount allocated per pupil to such school shall
equal the sum of such maximum tuition amount, such incidental or supplementary fees
charged to non-scholarship students, and such testing costs.
Present law provides that parents of special education students receiving scholarships may
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 HB NO. 192
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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.
Proposed law retains present law except requires funds appropriated or otherwise available
for the purpose, instead of MFP funds, to be allocated for this purpose. Also clarifies that
the total of the payment and the special education tuition shall not exceed the amount that
would be allocated pursuant to the MFP formula for that student to the local school system
if the student otherwise would be attending public school.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:4013(2)(a) and 4016(A) and (B)(2); Repeals R.S. 17:4016(C))