HLS 14RS-907 ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 774
BY REPRESENTATIVE SHADOIN
SCHOOLS/CHOICE: Provides relative to the Course Choice Program
AN ACT1
To amend and reenact R.S. 17:4002.3(2) and (3)(a), 4002.4(A)(1), (2)(a), (C), and (D),2
4002.5(A) and (F), and 4002.6, and to repeal R.S. 17:4002.5(C) and (E), relative to3
the Course Choice Program; to provide relative to student eligibility and enrollment4
and course approval; to provide with respect to course amounts, funding, and5
reimbursement; to provide relative to a course catalogue and certain dual enrollment6
courses; to provide with respect to the duties of the State Board of Elementary and7
Secondary Education and public school governing authorities; to provide relative to8
definitions and rules; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 17:4002.3(2) and (3)(a), 4002.4(A)(1), (2)(a), (C), and (D),11
4002.5(A) and (F), and 4002.6, are hereby amended and reenacted to read as follows:12
§4002.3. Definitions13
As used in this Part, unless otherwise clearly indicated, the following terms14
mean:15
* * *16
(2) "Eligible funded student" means any student who resides in Louisiana17
and meets one of the following criteria:18 HLS 14RS-907 ORIGINAL
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(a) Is attending a public elementary or secondary school that received a letter1
grade of "C", "D", or "F", or any variation thereof, according to the Louisiana School2
and District Accountability System.3
(b) Is attending a public school that does not offer the course in which the4
student desires to enroll, as determined by the state board Has obtained approval5
from the local school superintendent or other person designated by the governing6
authority of the school that he attends to enroll in a course pursuant to this Part.7
(c) Is a scholarship recipient pursuant to R.S. 17:4013 and attends a8
participating school in accordance with R.S. 17:4011 through 4025.9
(3) "Eligible participating student" means any student who resides in10
Louisiana and meets one of the following criteria:11
(a) Is attending a public school that has received a letter grade of "A"or "B",12
or any variation thereof, according to the school and district accountability system13
Is a scholarship recipient attending a participating school pursuant to R.S. 17:4011,14
et seq.15
* * *16
§4002.4. State board; powers and duties relative to course providers17
A.(1) Not later than January 1, 2013, the The state board shall create a18
process for authorizing course providers that shall determine whether each proposed19
course provider complies with the law and rules, whether the proposal is valid,20
complete, financially well-structured, and educationally sound, whether it provides21
a plan for collecting data in accordance with R.S. 17:3911, and whether it offers22
potential for fulfilling the purposes of this Part. The state board shall provide for an23
independent evaluation of the proposal by a third party with educational,24
organizational, legal, and financial expertise.25
(2) The process shall provide for an agreement between the state and board26
and the course provider that shall include, at a minimum, a plan for implementing27
or providing the following:28 HLS 14RS-907 ORIGINAL
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(a) Administration of state assessments to eligible funded students as1
required by the school and district accountability system, except to students as2
defined by R.S. 17:4002.3(2)(c).3
* * *4
C. Not later than January 1, 2013, the The state board shall create and5
maintain a reciprocal teacher certification process for teachers who reside in other6
states but who are employed by authorized course providers and teach virtual7
education courses to satisfy the state certification requirements pursuant to R.S.8
17:7.1.9
D.(1) Prior to the 2013-2014 school year, the The state board shall create a10
course catalogue for all courses offered, by parish, and shall update the catalogue11
prior to the beginning of each school year.12
(2) The state board shall include any course offered for dual enrollment by13
a Louisiana public institution of postsecondary education in the course catalogue,14
with no requirement for course approval by the board or the state Department of15
Education.16
§4002.5. Local school systems Public school governing authority duties; per course17
providers accountability; rules18
A. Each local school board The governing authority of each public19
elementary and secondary school shall establish policies and procedures whereby for20
each student identified in R.S. 17:4002.3(2)(a) and (b) and (3)(a) the following shall21
apply: an eligible funded student may be granted approval to enroll in a course22
pursuant to this Part, which shall also provide for the following:23
(1) Determination of whether a requested course is academically appropriate24
for the student.25
(1) (2) Credits earned through the course provider shall appear on each such26
student's official transcript and count fully towards the requirements of any approved27
Louisiana diploma.28 HLS 14RS-907 ORIGINAL
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(2) (3) Tests required pursuant to R.S. 17:24.4 shall be administered to each1
such student attending a public school State assessments as required by the school2
and district accountability system shall be administered to each student.3
(3) (4) All services to which each such student attending public school would4
be entitled if attending the school in which he is enrolled full time for all courses,5
including but not limited to special education services pursuant to the student's6
Individual Education Plan shall be provided.7
* * *8
F. The state board shall adopt rules necessary to implement this Part ,9
including but not limited to the requirements of school governing authorities or local10
school systems whose students enroll in courses offered by authorized course11
providers in accordance with the Administrative Procedure Act.12
§4002.6. Course providers; funding; course amounts; reimbursement13
A.(1) The course provider shall receive a course amount for each eligible14
funded student, as approved by the state Department of Education or the governing15
authority of the public elementary or secondary school that the student attends.16
(2) For purposes of this Part, the per course amount means an amount equal17
to the market rate as determined by the course provider and reported to the state18
Department of Education up to one-sixth of ninety percent of the per pupil amount19
each year as determined by the minimum foundation program for the local school20
system in which the eligible funded student resides. Any remaining funds, except21
those specified in Paragraph (3) of this Subsection, for that student shall be returned22
to the state or to the local school system according to the pro rata share for the per23
pupil amount each year as determined by the minimum foundation program for the24
local school system in which the student resides. Transfers of course payments shall25
be made by the state Department of Education on behalf of the responsible city or26
parish school system in which the student resides to the authorized course provider.27
(3) For each student identified in R.S. 17:4002.3(2)(a) and (b), an amount28
equal to ten percent of the per pupil amount according to the pro rata share as29 HLS 14RS-907 ORIGINAL
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determined each year by the minimum foundation program for the local school1
system in which such student resides shall remain with the local school system in2
which the eligible funded student is enrolled full time. These funds shall be used to3
finance any administrative or operational costs to support students enrolled in4
courses offered by course providers, as determined by the state board.5
(4) For students identified in R.S. 17:4002.3(2)(c), the course provider shall6
receive payment only for the courses in which the student is enrolled in accordance7
with Subsection C of this Section. The remaining funds for each of these students8
up to the maximum amount for the parish in which the participating student resides9
as determined each year by the minimum foundation program or actual tuition and10
fees, as applicable, shall remain with the participating school in which the student11
is enrolled in accordance with R.S. 17:4011 through 4025.12
B.(1) The course provider may charge tuition to any eligible participating13
student in an amount equal to the amount determined by the course provider and14
reported to the approved by the state Department of Education in accordance with15
Paragraph (A)(2) of this Section.16
(2) The course provider shall accept the amount specified in Paragraph17
(A)(2) of this Section as total tuition and fees for the eligible participating student.18
C.(1) Fifty percent of the course amount of or tuition to be paid or19
transferred through the minimum foundation program to the course provider shall be20
paid or transferred upon student enrollment in a course and fifty percent shall be paid21
or transferred upon course completion according to the published course length.22
(2) If a student does not complete a course according to the published course23
length in which and the course provider has received the first payment pursuant to24
Paragraph (1) of this Subsection, the course provider shall receive forty percent of25
the course amount as defined provided in Paragraph (A)(2) of this Section only if26
Subsections A and B of this Section, provided the student completes and receives27
credit for the course and receives credit for the course prior to leaving school28
pursuant to R.S. 17:221 or graduating from high school pursuant to R.S. 17:24.4. 29 HLS 14RS-907 ORIGINAL
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(3) The remaining ten percent of the per pupil amount according to the pro1
rata share as determined each year by the minimum foundation program for the local2
public school system in which the eligible funded student resides shall remain with3
the school in which the eligible funded student is enrolled full time. This shall be in4
addition to the ten percent specified in Paragraph (A)(3) of this Section.5
(a) The state shall reimburse the governing authority of the public school a6
student attends for ninety percent of the cost established for each course the student7
enrolls in pursuant to this Part out of funds appropriated or otherwise made available8
for this purpose.9
(b) The Department of Education shall provide forms and guidelines10
whereby the governing authority of a public school may request such reimbursement11
and ensure that reimbursement is made within sixty days of receipt of the12
application.13
Section 2. R.S. 17:4002.5(C) and (E) are hereby repealed in their entirety.14
Section 3. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
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)]
Shadoin HB No. 774
Abstract: Provides relative to the Course Choice Program including student eligibility and
enrollment, course approval, course amounts, and funding.
Present law provides for the Course Choice Program and requires the State Board of
Elementary and Secondary Education (BESE) to create a process for authorizing course
providers, including online or virtual providers, postsecondary education institutions, and
corporations that offer vocational or technical courses. Provides for an initial authorization
period of three years and provides for reauthorization for additional periods of three to five
years, subject to BESE review of the course provider's activities and the academic
performance of the students enrolled in courses offered by the course provider. Further
provides for monitoring and evaluation of course providers by BESE. HLS 14RS-907 ORIGINAL
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Present law defines "eligible funded student" as a student who resides in La. and meets one
of the following:
(1)Attends a public school with a letter grade of "C", "D", or "F".
(2)Attends a public school that does not offer the course in which a student desires to
enroll.
(3)Is the recipient of a scholarship pursuant to the Student Scholarships for Educational
Excellence Program (voucher program).
Proposed law instead defines "eligible funded student" as a student who resides in La.,
attends a public school, and has obtained permission from the local school superintendent
or other designated person to enroll in a course offered by a course provider.
Present law defines "eligible participating student" as a student who resides in La. and meets
one of the following criteria:
(1)Attends a public school with a letter grade of "A" or "B".
(2)Attends a nonpublic school that is approved, provisionally approved, or probationally
approved by BESE.
(3)Is enrolled in a BESE-approved home study program.
Proposed law retains present law except changes (1) to a student who is a scholarship
recipient pursuant to the voucher program instead of a student who attends an "A" or "B"
public school.
Present law requires that course providers receive a per course amount for each eligible
funded student which shall be 1/6 of 90% of the annual minimum foundation program
(MFP) per-pupil amount. Requires any remaining funds (with certain exceptions) to be
returned to the state or the local school system in accordance with certain annual MFP per-
pupil amounts. Provides for certain amounts of funds to remain with local school systems
and schools participating in the voucher program to finance administrative or operational
costs to support students enrolled in courses offered by course providers. Proposed law
instead provides that the course provider shall receive a course amount for each eligible
funded student, as approved by the state Dept. of Education or the governing authority of the
public school that the student attends.
Present law allows course providers to charge tuition to eligible participating students in an
amount determined by the provider and reported to the state Dept. of Education. Proposed
law instead allows a course provider to charge tuition to any eligible participating student
in an amount approved by the department.
Present law provides that 50% of the amount of tuition to be paid or transferred through the
MFP to the course provider shall be paid or transferred upon student enrollment in a course,
and 50% shall be paid or transferred upon course completion, according to the published
course length. Proposed law retains present law payment process except deletes reference
to payment or transfer through the MFP.
Proposed law provides that the state shall reimburse the governing authority of the public
school a student attends for 90% of the cost established for each course the student enrolls
in pursuant to the course choice program out of funds appropriated or otherwise made
available for this purpose. Further requires the Dept. of Education to provide forms and
guidelines whereby the governing authority of a public school may request such
reimbursement and ensure that reimbursement is made within 60 days of receipt of the
application. HLS 14RS-907 ORIGINAL
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Present law requires BESE to create a common course numbering system and a course
catalogue for all courses offered, by parish. Proposed law retains present law and
additionally requires BESE to update the course catalogue prior to the beginning of each
school year. Further requires BESE to include any course offered for dual enrollment by a
La. public postsecondary education institution in the course catalogue, with no requirement
for course approval by BESE or the state Dept. of Education.
Proposed law changes references in present law to "local school system" and "local board"
to "public school governing authority" and requires such governing authorities to establish
policies and procedures for granting approval to an eligible funded student to enroll in a
course offered by a course provider.
Present law requires BESE to adopt rules necessary to implement the Course Choice
Program, including requirements for school governing authorities whose students enroll in
courses offered by course providers. Proposed law deletes authority for rules imposing
requirements on school governing authorities and requires BESE to promulgate rules to
implement the program in accordance with the Administrative Procedure Act.
Present law prohibits local public school systems from actively discouraging, intimidating,
or threatening a student during the course enrollment process or at any time. Requires each
public school student to enroll in at least one course at the school in which he is enrolled full
time. Proposed law deletes present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:4002.3(2) and (3)(a), 4002.4(A)(1), (2)(a), (C), and (D), 4002.5(A) and (F),
and 4002.6; Repeals R.S. 17:4002.5(C) and (E))