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Regular Session, 2014 ENROLLED
SENATE BILL NO. 179
BY SENATOR MORRISH
AN ACT1
To amend and reenact R.S. 17:4002.3(2) and (3), 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 with respect to definitions; to provide with4
respect to student eligibility, course approval, and enrollment; to provide with5
respect to course amounts and funding; to provide relative to teacher reciprocity; to6
provide with respect to a course catalogue; to provide with respect to the duties of7
the State Board of Elementary and Secondary Education and public school governing8
authorities; to provide for rules; to provide for disbursement of funds available for9
the program; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 17:4002.3(2) and (3), 4002.4(A)(1), (2)(a), (C), and (D), 4002.5(A)12
and (F), and 4002.6 are hereby amended and reenacted to read as follows:13
§4002.3. Definitions14
As used in this Part, unless otherwise clearly indicated, the following terms15
mean:16
* * *17
(2) "Eligible funded student" means any student who resides in Louisiana18
and meets one of the following criteria:19
(a) Is attending a public school that received a letter grade of "C", "D", or20
"F", or any variation thereof, according to the Louisiana School and District21
Accountability System. Is attending a public elementary or secondary school.22
(b) Is attending a public school that does not offer the course in which the23
student desires to enroll, as determined by the state board. Has obtained approval24
from the local school superintendent or other person designated by the25
governing authority of the school which he attends to enroll in a course26
ACT No. 482 SB NO. 179 ENROLLED
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pursuant to this Part.1
(c) Is a scholarship recipient pursuant to R.S. 17:4013 and attends a2
participating school in accordance with R.S. 17:4011 through 4025.3
(3) "Eligible participating student" means any student who resides in4
Louisiana and meets one of the following criteria:5
(a) Is attending a public school that has received a letter grade of "A"or "B",6
or any variation thereof, according to the school and district accountability system7
Is a scholarship recipient as defined in R.S. 17:4013 attending a participating8
school in accordance with R.S. 17:4011 through 4025.9
(b) Is attending a nonpublic school that is approved, provisionally approved,10
or probationally approved by the state board pursuant to R.S. 17:11.11
(c) Is enrolled in a home study program approved by the state board.12
* * *13
§4002.4. State board; powers and duties relative to course providers14
A.(1) Not later than January 1, 2013, the The state board shall create a15
process for authorizing course providers that shall determine whether each proposed16
course provider complies with the law and rules, whether the proposal is valid,17
complete, financially well-structured, and educationally sound, whether it provides18
a plan for collecting data in accordance with R.S. 17:3911, and whether it offers19
potential for fulfilling the purposes of this Part. The state board shall provide for an20
independent evaluation of the proposal by a third party with educational,21
organizational, legal, and financial expertise.22
(2) The process shall provide for an agreement between the state and board23
and the course provider that shall include, at a minimum, a plan for implementing24
or providing the following:25
(a) Administration of state assessments to eligible funded students, as26
required by the school and district accountability system , except to students as27
defined by R.S. 17:4002.3(2)(c).28
* * *29
C. Not later than January 1, 2013, the The state board shall create and30 SB NO. 179 ENROLLED
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maintain a reciprocal teacher certification process for teachers who reside in other1
states but who are employed by authorized course providers and teach virtual2
education courses to satisfy the state certification requirements pursuant to R.S.3
17:7.1.4
D. Prior to the 2013-2014 school year, the (1) The state board shall create a5
course catalogue for all courses offered, by parish, and shall timely update the6
catalogue prior to the beginning of each school year.7
(2) The state board shall include any course offered for dual enrollment8
by a Louisiana public institution of postsecondary education in the course9
catalogue, with no requirement for course approval by the board or the10
Department of Education, provided the course meets the Carnegie unit11
requirements for high school graduation.12
§4002.5. Local school systems Public school governing authority duties; per13
course providers accountability; rules14
A. Each local school board The governing authority of each public15
elementary and secondary school shall establish policies and procedures whereby16
for each student identified in R.S. 17:4002.3(2)(a) and (b) and (3)(a) the following17
shall apply: whereby an eligible funded student may be granted approval to18
enroll in a course pursuant to this Part, which shall also provide for the19
following:20
(1) Determination of whether a requested course is academically21
appropriate for the student.22
(1)(2) Credits earned through the course provider shall appear on each such23
student's official transcript and count fully towards the requirements of any approved24
Louisiana diploma.25
(2)(3) Tests required pursuant to R.S. 17:24.4 shall be administered to each26
such student attending a public school State assessments as required by the school27
and district accountability system shall be administered to each student.28
(3)(4) All services to which each such student attending public school would29
be entitled if attending the school in which he is enrolled full time for all courses,30 SB NO. 179 ENROLLED
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including but not limited to special education services pursuant to the student's1
Individual Education Plan shall be provided.2
* * *3
F. The state board shall adopt rules necessary to implement this Part,4
including but not limited to the requirements of school governing authorities or local5
school systems whose students enroll in courses offered by authorized course6
providers in accordance with the Administrative Procedure Act.7
§4002.6. Course providers; funding; course amounts8
A.(1) The course provider shall receive a course amount for each eligible9
funded student, as approved by the State Board of Elementary and Secondary10
Education.11
(2) For purposes of this Part, the per course amount means an amount equal12
to the market rate as determined by the course provider and reported to the state13
Department of Education up to one-sixth of ninety percent of the per pupil amount14
each year as determined by the minimum foundation program for the local school15
system in which the eligible funded student resides. Any remaining funds, except16
those specified in Paragraph (3) of this Subsection, for that student shall be returned17
to the state or to the local school system according to the pro rata share for the per18
pupil amount each year as determined by the minimum foundation program for the19
local school system in which the student resides. Transfers of course payments shall20
be made by the state Department of Education on behalf of the responsible city or21
parish school system in which the student resides to the authorized course provider.22
(3) For each student identified in R.S. 17:4002.3(2)(a) and (b), an amount23
equal to ten percent of the per pupil amount according to the pro rata share as24
determined each year by the minimum foundation program for the local school25
system in which such student resides shall remain with the local school system in26
which the eligible funded student is enrolled full time. These funds shall be used to27
finance any administrative or operational costs to support students enrolled in28
courses offered by course providers, as determined by the state board.29
(4) For students identified in R.S. 17:4002.3(2)(c), the course provider shall30 SB NO. 179 ENROLLED
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receive payment only for the courses in which the student is enrolled in accordance1
with Subsection C of this Section. The remaining funds for each of these students up2
to the maximum amount for the parish in which the participating student resides as3
determined each year by the minimum foundation program or actual tuition and fees,4
as applicable, shall remain with the participating school in which the student is5
enrolled in accordance with R.S. 17:4011 through 4025.6
B.(1) The course provider may charge tuition to any eligible participating7
student in an amount equal to the amount determined by the course provider and8
reported to the state approved by the Department of Education in accordance with9
Paragraph (A)(2) of this Section.10
(2) The course provider shall accept the amount specified in Paragraph (A)(2)11
of this Section as total tuition and fees for the eligible participating student.12
C.(1) Fifty percent of the course amount of or tuition to be paid or13
transferred through the minimum foundation program to the course provider shall be14
paid or transferred upon student enrollment in a course, and fifty percent shall be15
paid or transferred upon course completion, according to the published course length.16
(2) If a student does not complete a course according to the published course17
length, in which and the course provider has received the first payment pursuant to18
Paragraph (1) of this Subsection, the course provider shall receive an additional19
forty percent of the course amount as defined provided in Paragraph (A)(2) only if20
Subsections A and B of this Section, provided the student completes and receives21
credit for the course and receives credit for the course prior to leaving school22
pursuant to R.S. 17:221 or graduating from high school pursuant to R.S. 17:24.4.23
(3) The remaining ten percent of the per pupil amount according to the pro24
rata share as determined each year by the minimum foundation program for the local25
public school system in which the eligible funded student resides shall remain with26
the school in which the eligible funded student is enrolled full time. This shall be in27
addition to the ten percent specified in Paragraph (A)(3) of this Section.28
(a) The state shall disburse any funds allocated, appropriated, or29
otherwise made available for the purposes of this Part to each city and parish30 SB NO. 179 ENROLLED
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public school system and other public school.1
(b) Any such funds that are not committed for use by the school system2
or other public school shall be subject to reallocation to another public school3
system or other public school for the purposes of this Part.4
Section 2. R.S. 17:4002.5(C) and (E) are hereby repealed.5
Section 3. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: