HLS 18RS-448 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 294
BY REPRESENTATIVE SMITH
STUDENTS: Changes references to "at-risk" students to students who are "economically
disadvantaged" throughout Title 17 of the Louisiana Revised Statutes
1 AN ACT
2To amend and reenact R.S. 17:7(2)(f)(i), 24.9(B)(introductory paragraph) and (2), 221.6(A),
3 392.1(B)(2)(c), 407(A)(2) and (3) and (B), 407.2, 407.5(F), 407.6(introductory
4 paragraph), 407.26(C) and (D), 407.91(C) and (D), 407.92(A), 3972(A), and
5 3991(B)(1)(c) and (7), and to repeal R.S. 17:7(16) and 24.9(C), relative to students
6 who are at risk; to remove references to at-risk students in various education laws in
7 Title 17 of the Louisiana Revised Statutes of 1950; to refer to students who are
8 economically disadvantaged; to provide relative to the definition of "economically
9 disadvantaged" as defined by the State Board of Elementary and Secondary
10 Education in certain instances; to repeal obsolete provisions; and to provide for
11 related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 17:7(2)(f)(i), 24.9(B)(introductory paragraph) and (2), 221.6(A),
14392.1(B)(2)(c), 407(A)(2) and (3) and (B), 407.2, 407.5(F), 407.6(introductory paragraph),
15407.26(C) and (D), 407.91(C) and (D), 407.92(A), 3972(A), and 3991(B)(1)(c) and (7) are
16hereby amended and reenacted to read as follows:
17 §7. Duties, functions, and responsibilities of board
18 In addition to the authorities granted by R.S. 17:6 and any powers, duties, and
19 responsibilities vested by any other applicable laws, the board shall:
20 * * *
Page 1 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-448 ORIGINAL
HB NO. 294
1 (2)
2 * * *
3 (f)(i) In addition to any other requirements of the minimum foundation
4 program formula as most recently adopted by the State Board of Elementary and
5 Secondary Education and approved by the legislature, the state board, beginning with
6 the 2010-2011 school year and continuing thereafter, shall require each city, parish,
7 or other local public school board to expend funds generated by applying the
8 weighted factors contained in such formula for at-risk economically disadvantaged
9 students, career and technical education course units, special education students other
10 than gifted and talented students, and gifted and talented students on personnel,
11 professional services, instructional materials, equipment, and supplies that serve the
12 unique needs of students who generate such funds and to submit annually a written
13 report to the State Board of Elementary and Secondary Education that details the
14 types of activities on which these funds were expended to serve the needs of the
15 weighted students at all schools that serve such students. The information contained
16 in such annual report shall be published on the state Department of Education
17 website in an easily understandable format.
18 * * *
19 §24.9. Quality early reading initiative; legislative findings; development; criteria;
20 implementation; evaluation
21 * * *
22 B. By the beginning of the 1997-1998 school year, the The state Department
23 of Education shall develop a comprehensive and balanced early childhood reading
24 initiative for students in kindergarten through third grade. The department shall
25 provide criteria that are research-based and which provide, at a minimum, for the
26 following:
27 * * *
28 (2) A method for selecting schools having at-risk students who are
29 economically disadvantaged as defined by the State Board of Elementary and
Page 2 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-448 ORIGINAL
HB NO. 294
1 Secondary Education and low-performing students in kindergarten through third
2 grade.
3 * * *
4 §221.6. Louisiana School Dropout Recovery Program
5 A. Each school district and charter school that provides instruction to high
6 school students may offer a dropout recovery program for eligible students. School
7 districts and charter schools should maximize the use of federal Title 1 funds and at-
8 risk funds provided through the minimum foundation program formula to establish
9 such programs.
10 * * *
11 §392.1. Screening and intervention; purpose; applicability; city and parish school
12 system, duties
13 * * *
14 B.
15 * * *
16 (2) Such impediments shall include:
17 * * *
18 (c) Social and environmental factors that put a child "at risk" at risk of
19 dropping out of school as that term has been defined by the state Department of
20 Education, pursuant to R.S. 17:7.5(A).
21 * * *
22 §407. Legislative intent
23 A. The legislature finds and declares as follows:
24 * * *
25 (2) Early childhood education programs facilitate the development of
26 educationally at-risk young children who are economically disadvantaged and
27 increase the chances that they will be more successful students and ultimately more
28 productive citizens.
Page 3 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-448 ORIGINAL
HB NO. 294
1 (3) Funding successful and innovative programs is required to increase the
2 learning opportunities of at-risk children who are economically disadvantaged and
3 provide for their optimal development.
4 * * *
5 B. Therefore, it is the intention of the legislature that every at-risk preschool
6 child in Louisiana who is economically disadvantaged should have access to an
7 educationally appropriate early childhood program which shall include but not be
8 limited to parental involvement, center-based programs, and before and after care.
9 * * *
10 §407.2. Louisiana Early Childhood Opportunity Program
11 The department shall establish the Louisiana Early Childhood Opportunity
12 Program to assist in the development and funding of appropriate early childhood
13 programs for educationally at-risk children ages three to five years who are
14 economically disadvantaged as defined by the State Board of Elementary and
15 Secondary Education, referred to in this Section as the "state board". The
16 department, with the approval of its governing authority the state board, shall award
17 grants or contracts to qualified early childhood programs, including but not limited
18 to Head Start, HIPPY, Parents as Teachers, and programs for youngsters children
19 with developmental disabilities or who are educationally or environmentally at-risk
20 economically disadvantaged, selected by the department in accordance with specified
21 programmatic standards and guidelines to be established by the department with the
22 approval of its governing authority the state board.
23 * * *
24 §407.5. Early childhood programs; qualifications; funding
25 * * *
26 F. The department shall work to develop model curricula and curriculum
27 guidelines to encourage establishment of appropriate early childhood programs
28 serving at-risk children who are economically disadvantaged.
29 * * *
Page 4 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-448 ORIGINAL
HB NO. 294
1 §407.6. Criteria for determining need
2 The department shall establish criteria for identifying and targeting areas of
3 the state with the greatest need for early childhood programs and for identifying
4 types of programs likely to provide greatest benefit to at-risk children who are
5 economically disadvantaged. Among the criteria to be considered in developing
6 guidelines for funding programs pursuant to the provisions of this Part, are the extent
7 to which a program serves children who:
8 * * *
9 §407.26. The Cecil J. Picard LA 4 Early Childhood Program
10 * * *
11 C. The cost of the LA 4 program shall be as follows:
12 (1) For children who are "at risk", economically disadvantaged as defined
13 in the rules and regulations of the State Board of Elementary and Secondary
14 Education, referred to in this Section as the "state board", the LA 4 program shall be
15 provided at no cost, except for any applicable lunch cost and the cost of before and
16 after care.
17 (2) For children who are not "at risk" economically disadvantaged, tuition
18 may be charged on a sliding scale in an amount not to exceed that necessary for the
19 public school system to provide the program.
20 (3) For all children, both "at risk" and not "at risk", each A public school
21 system offering the LA 4 program may charge a fee for each child for the cost of
22 meals and the cost of before and after care, subject to state board rules and
23 regulations.
24 D. Beginning with LA 4 program applications for the 2015-2016 school
25 year:
26 (1) The department shall annually determine the demand for the LA 4
27 program.
Page 5 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-448 ORIGINAL
HB NO. 294
1 (2) The state board shall consider such demand, the availability of public
2 funds to support the program, and the eligibility of public school systems to receive
3 funds for the program and annually determine the following:
4 (a) The cost of funding all LA 4 program applicants who both meet the
5 eligibility requirements provided in Subsection B of this Section and who are
6 economically disadvantaged determined to be "at-risk".
7 (b) The method for equitably distributing available funds to eligible public
8 school systems.
9 (c) The difference in dollar amount between the funding required to meet the
10 measured funding demand and the funding available in the fiscal year.
11 * * *
12 §407.91. Definitions
13 As used in this Part, the following definitions shall apply:
14 * * *
15 C. "Local early learning enrollment coordinator" means an approved entity
16 that conducts a process for informing families about publicly-funded and Type III
17 licensed early childhood care and education programs in the coverage area; collects
18 family preferences; develops and uses a common application process; annually
19 determines demand for publicly-funded early childhood care and education within
20 the coverage area; and makes recommendations to the department for the distribution
21 of available publicly-funded early childhood care and education slots for at-risk
22 children who are economically disadvantaged as defined by the state board within
23 its coverage area.
24 D. "State Board board" means the State Board of Elementary and Secondary
25 Education.
26 §407.92. Authorization of local early learning enrollment coordinators
27 A. Prior to authorizing local early learning enrollment coordinators, the state
28 board shall:
29 (1) By September 1, 2014:
Page 6 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-448 ORIGINAL
HB NO. 294
1 (a) Provide the governing authority of each public school system and each
2 early learning center, nonpublic school which provides publicly-funded early
3 childhood services, and Head Start grantee located within the geographic boundaries
4 of the public school system with an assessment of the extent to which these providers
5 of early childhood services coordinate their efforts to:
6 (i)(a) Inform families about the availability of publicly-funded and Type III
7 licensed early childhood care and education programs serving students four years of
8 age or younger.
9 (ii)(b) Coordinate enrollment, eligibility criteria, and waiting lists to ensure
10 that families are referred to other available publicly-funded early childhood
11 programs should they be ineligible for or unable to access their primary choice.
12 (iii)(c) Collect family preferences regarding enrollment choices for
13 publicly-funded and Type III licensed early childhood care and education programs.
14 (iv)(d) Enroll at-risk children who are economically disadvantaged, using
15 available public funds, based upon stated family preferences.
16 (b)(2) Provide public school systems, early learning centers, nonpublic
17 schools, Early Head Start grantees, and Head Start grantees with a designated time
18 period in which the local early enrollment coordination activities will be developed
19 and implemented.
20 (2) By October 1, 2015:
21 (a)(3) Publish a list of public school systems within whose geographic
22 boundaries there is no coordinated effort by the public school system and the early
23 learning centers, nonpublic schools which provide publicly-funded early childhood
24 services, and Head Start grantees to:
25 (i)(a) Inform families about the availability of publicly-funded and Type III
26 licensed early childhood care and education programs serving students four years of
27 age or younger.
Page 7 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-448 ORIGINAL
HB NO. 294
1 (ii)(b) Coordinate enrollment, eligibility criteria, and waiting lists to ensure
2 that families are referred to other available publicly-funded early childhood
3 programs should they be ineligible for or unable to access their primary choice.
4 (iii)(c) Collect family preferences regarding enrollment choices for
5 publicly-funded and Type III licensed early childhood care and education programs.
6 (iv)(d) Enroll at-risk children who are economically disadvantaged, using
7 available public funds, based upon stated family preferences.
8 (b)(4) Provide public school systems, early learning centers, nonpublic
9 schools, Early Head Start grantees, and Head Start grantees with a designated time
10 period in which the local early enrollment coordination activities will be developed
11 and implemented.
12 (3) By June 30, 2015, approve (5) Approve a process to authorize entities
13 as local early learning enrollment coordinators to begin performing required services
14 in the geographic boundaries of public school systems identified pursuant to
15 Paragraph (1) of this Subsection, in the 2015-2016 school year.
16 (4)(6) Not certify any entity as a local early learning enrollment coordinator
17 under this Section unless it is in compliance with procedures and regulations
18 established by the state board. The entity shall be a state agency, a public school
19 system, a nonprofit or for-profit corporation having an educational or social services
20 mission, including but not limited to a nonprofit corporation of a philanthropic or
21 policy nature, a Louisiana public postsecondary education institution, or a nonprofit
22 corporation established by the governing authority of a parish or municipality.
23 (5)(7) Review each proposed local early learning enrollment coordinator in
24 a timely manner and determine whether each proposed local early learning
25 enrollment coordinator complies with the law and rules and whether the proposal is
26 valid, complete, and financially well-structured.
27 (6)(8) Approve a process by which the department serves as the local early
28 learning enrollment coordinator for those coverage areas without an approved entity.
Page 8 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-448 ORIGINAL
HB NO. 294
1 (7)(9) Promulgate rules establishing an appeals process and designating the
2 department to oversee the process through which families and early learning centers
3 have the opportunity to appeal decisions made by local early learning enrollment
4 coordinators.
5 * * *
6 §3972. Intent and purpose
7 A. It is the intention of the legislature in enacting this Chapter to authorize
8 experimentation by city and parish school boards by authorizing the creation of
9 innovative kinds of independent public schools for pupils. Further, it is the intention
10 of the legislature to provide a framework for such experimentation by the creation
11 of such schools, a means for all persons with valid ideas and motivation to
12 participate in the experiment, and a mechanism by which experiment results can be
13 analyzed, the positive results repeated or replicated, if appropriate, and the negative
14 results identified and eliminated. Finally, it is the intention of the legislature that the
15 best interests of at-risk pupils students who are economically disadvantaged shall be
16 the overriding consideration in implementing the provisions of this Chapter.
17 * * *
18 §3991. Charter schools; requirements; limitations; renewal; amendment; revocation
19 * * *
20 B. Each proposed charter shall contain or make provision for the following:
21 (1)
22 * * *
23 (c) For the purposes of this Section, students holding a valid passport from
24 the country of France shall not be counted when calculating the overall at-risk
25 percentage of students attending the charter school who are economically
26 disadvantaged.
27 * * *
Page 9 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-448 ORIGINAL
HB NO. 294
1 (7) A description of the education program offered by the school and how
2 specifically that program will meet the needs of the at-risk pupils economically
3 disadvantaged students to be served.
4 * * *
5 Section 2. R.S. 17:7(16) and 24.9(C) are hereby repealed in their entirety.
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)]
HB 294 Original 2018 Regular Session Smith
Abstract: Changes references to "at-risk" students to students who are "economically
disadvantaged" throughout Title 17 of the La. Revised Statutes.
Present law refers to at-risk students in various education laws including but not limited to
those relative to the weighted factors contained in the minimum foundation program
formula, early childhood education programs, charter schools, and pilot programs for certain
inner-city youth.
Proposed law changes present law references to at-risk students to students who are
economically disadvantaged. Provides that "economically disadvantaged" shall be as
defined by the State Bd. of Elementary and Secondary Education (BESE) in some instances.
Deletes present law provision that required BESE to develop and implement a pilot program
for inner-city at risk students in certain parishes. Makes technical changes.
(Amends R.S. 17:7(2)(f)(i), 24.9(B)(intro. para.) and (2), 221.6(A), 392.1(B)(2)(c),
407(A)(2) and (3) and (B), 407.2, 407.5(F), 407.6(intro. para.), 407.26(C) and (D),
407.91(C) and (D), 407.92(A), 3972(A), and 3991(B)(1)(c) and (7); Repeals R.S. 17:7(16)
and 24.9(C))
Page 10 of 10
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.