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Regular Session, 2014 ENROLLED
SENATE BILL NO. 656
BY SENATOR BUFFINGTON
AN ACT1
To amend and reenact R.S. 17:4016(A) and (B)(2), and 4017, and to enact R.S. 17:4019,2
relative to scholarships for certain students; to authorize public or private entities to3
make certain donations to various participating schools for recipients of scholarships;4
to provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 17:4016(A) and (B)(2), and 4017 are hereby amended and reenacted7
and R.S. 17:4019 is hereby enacted to read as follows: 8
§4016. Scholarship amounts; funding9
A. The state board department shall allocate annually from the minimum10
foundation program funds appropriated or otherwise available for the program11
an amount per pupil to each participating school equal to the amount allocated per12
pupil as provided in the minimum foundation program formula, inclusive of the13
calculations of both the local and state per pupil allocations, to the local school14
system in which the scholarship recipient resides, considering all student15
characteristics. This amount shall be counted toward the equitable allocation of16
funds appropriated to parish and city school systems as provided in Article VIII,17
Section 13(B) of the Constitution of Louisiana. For a participating school that18
ACT No. 779 SB NO. 656 ENROLLED
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charges tuition, if the maximum amount of tuition plus incidental or supplementary1
fees that are charged to non-scholarship students enrolled in such school and any2
costs incurred in administering the tests required pursuant to R.S. 17:4023 is less3
than the amount allocated per pupil to the local school system in which the student4
resides, any remaining funds shall be returned to the state or to the local school5
system in which the scholarship recipient attended or otherwise would be attending6
public school for that year according to the pro rata share for the per pupil amount7
each year as determined by the minimum foundation program for the local school8
system in which the scholarship recipient attended or otherwise would be attending9
public school for that year then the amount allocated per pupil to the school shall10
be equal to the sum of such maximum tuition amount, such incidental or11
supplementary fees charged to non-scholarship students, and such testing costs.12
B.13
* * *14
(2) The parent or legal guardian may make a parental placement to receive15
special education and related services from a participating nonpublic school that has16
demonstrated the capacity to offer such services. In such case, the nonpublic school17
may charge a higher tuition for students receiving such services, and the state board18
department shall allocate annually from the minimum foundation program funds19
appropriated or otherwise available to the program an amount per pupil to each20
participating nonpublic school equal to a special education tuition amount based on21
the cost of providing special education services identified for that student to the22
participating nonpublic school. This amount shall be in addition to the participating23
nonpublic school's maximum scholarship payment as described in Subsection A of24
this Section but the total of the payment and the special education tuition shall not25
exceed the amount that would be allocated as provided in Subsection A of this26
Section for that student to the local school system if the student otherwise would be27
attending public school.28
* * *29
§4017. Payment of scholarships30 SB NO. 656 ENROLLED
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A. The department shall transfer scholarship payments to each participating1
school on behalf of the responsible city or parish school district. No locally levied2
school district tax revenues shall be transferred to any participating school located3
outside of the school district where the tax is levied or any participating nonpublic4
school within the district.5
B. The amount to be paid for a scholarship shall be divided into four equal6
payments to be made to each participating school in September, December,7
February, and May of each school year. Payments shall be based on per pupil count8
dates as determined by the department. No refunds shall be made to the department9
or to the parent or legal guardian if the scholarship recipient withdraws from the10
program or is otherwise not enrolled prior to the next count date. The school in11
which the scholarship recipient is enrolled on the next count date shall receive the12
next payment.13
B. Notwithstanding any other provision of this Chapter to the contrary,14
any public or private entity, including any nonprofit organization, may make15
a directed donation to any participating school for a student who is a recipient16
of a Student Scholarships for Educational Excellence scholarship.17
* * *18
§4019. Private scholarships19
A. Recognizing the success of the program and in order to maintain the20
long-term financial stability of the program, private businesses, industry,21
foundations, charities, and other groups may request from the division of22
administration that, notwithstanding any provision of law to the contrary, they23
may create privately funded scholarship programs to make payments to24
participating schools on behalf of individual students. If the division of25
administration were to approve such a private scholarship program then any26
private scholarship funds received by a participating school from such private27
scholarship program on behalf of a student shall cause a reduction in the dollar28
amount of the Student Scholarships for Educational Excellence scholarship to29
the participating school attributable to that student such that the Student30 SB NO. 656 ENROLLED
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Scholarships for Educational Excellence scholarship associated with that1
student shall be an amount that is equal to the dollar amount that the Student2
Scholarships for Educational Excellence scholarship would have been if no such3
private scholarship funds had been received less the amount of private4
scholarship funds received by the participating school on behalf of that student.5
B. This Section shall in no way be interpreted in such a manner that a6
student could receive less benefits from a combination of the Student7
Scholarships for Educational Excellence scholarship and the private scholarship8
funded on his behalf than he would have received solely from the Student9
Scholarships for Educational Excellence scholarship if there had been no such10
private scholarship funded on his behalf. Therefore, to the extent any such11
privately funded scholarship funds provided for in this Section made to a12
participating school on behalf of a qualified student are for an amount less than13
the amount a given student would have otherwise received as a Student14
Scholarships for Educational Excellence scholarship if no such private15
scholarship funds had been paid under this Section, then the participating16
school shall receive that difference on behalf of the student as the student's17
Student Scholarships for Educational Excellence scholarship.18
C. As provided in this Section, when a participating school receives19
privately funded scholarship funds on behalf of a student pursuant to this20
Section, the annual appropriation of state funds for the Student Scholarships21
for Educational Excellence program shall be reduced by the amount of such22
private scholarship program funds so received. The commissioner of23
administration shall determine and specify the amount of the reduction from24
the source of the funds to provide the maximum benefit to the state from the25
privately funded scholarship program. The state treasurer shall deposit the26
amount of such reduction as specified by the commissioner of administration27
into the Overcollections Fund created in R.S. 39:100.21 and credit such deposit28
to an account within the fund hereby established and created to be known as the29
"Program Participation Savings Account".30 SB NO. 656 ENROLLED
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Section 2. This Act shall become effective on July 1, 2014; if vetoed by the governor1
and subsequently approved by the legislature, this Act shall become effective on July 1,2
2014, or on the day following such approval by the legislature, whichever is later.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: