Louisiana 2019 2019 Regular Session

Louisiana House Bill HB517 Introduced / Bill

                    HLS 19RS-931	ORIGINAL
2019 Regular Session
HOUSE BILL NO. 517
BY REPRESENTATIVE SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STUDENTS:  Provides relative to fees charged to students in elementary and secondary
schools
1	AN ACT
2To amend and reenact R.S. 17:4022(4), to enact R.S. 17:177, 178, and 3996(B)(54) and (55),
3 and to repeal R.S. 17:177(F), relative to students in elementary and secondary
4 schools; to require public school governing authorities to adopt policies relative to
5 the assessment, collection, and use of fees charged to such students or their parents
6 or legal guardians; to provide for certain components to be included in such policies
7 including information with regard to waivers and appeals; to require schools
8 participating in the Student Scholarships for Educational Excellence Program to
9 identify all fees paid with the scholarship funds; to require such participating schools
10 to provide policies to the parents or legal guardians of scholarship students relative
11 to certain fees and the purposes, amounts, and waivers related thereto; to provide
12 relative to school supplies for students; and to provide for related matters.
13Be it enacted by the Legislature of Louisiana:
14 Section 1.  R.S. 17:4022(4) is hereby amended and reenacted and R.S. 17:177, 178,
15and 3996(B)(54) and (55) are hereby enacted to read as follows:
16 §177.  Student fees; policies
17	A.  By not later than September 1, 2019, the governing authority of each
18 public elementary and secondary school shall adopt and publish on its website a
19 policy for the assessment, collection, and use of fees charged to students or their
20 parents or legal guardians.  The policy shall be revised annually as necessary.
Page 1 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-931	ORIGINAL
HB NO. 517
1	B.  For purposes of this Section, "fees" shall mean any monetary payment or
2 supplies required as a condition of a student being enrolled in school or participating
3 in any curricular or cocurricular activity.  Fees shall not mean the cost of school
4 meals.
5	C.  Each policy shall contain, at a minimum:
6	(1)  A list of all fees, including the purpose, use, and the amount or
7 authorized range for each.  Fees charged for the same item or service shall be
8 consistent among all schools under the jurisdiction of the school governing authority.
9	(2)  A description of how each fee is collected and spent.
10	(3)  A description of how a student or his parent or legal guardian may
11 request and receive a waiver of payment of a fee due to economic hardship and the
12 objective criteria on which the granting of a waiver is based which may include but
13 not be limited to the following relative to the student or his family:
14	(a)  Is receiving unemployment benefits or public assistance including
15 Temporary Assistance for Needy Families, Supplemental Nutrition Assistance
16 Program, supplemental security income, or Medicaid.
17	(b)  Is in foster care or is caring for children in foster care.
18	(c)  Is homeless.
19	(d)  Is serving in, or within the previous year has served in, active military
20 service.
21	(e)  Is eligible for free or reduced priced meals in schools not participating
22 in the Community Eligibility Provision Program.
23	(f)  Is an emancipated minor.
24	(4)  An appeals process to the local superintendent or his designee for a
25 waiver request that is initially denied.
26	(5)  A prohibition against assessing a fee not authorized by the policy.
27	(6)  A statement that failure to pay any required fee shall not result in the
28 withholding of a student's educational record.
Page 2 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-931	ORIGINAL
HB NO. 517
1	D.  All records associated with a fee waiver request due to economic hardship
2 shall not constitute a public record but may be audited to ensure compliance with the
3 school governing authority's policy.  A student's personally identifiable information
4 associated with such a waiver request shall not be made public.
5	E.  Each school under the jurisdiction of the governing authority shall publish
6 the policy on its website and include it in the school's student handbook which shall
7 be provided to each student and his parent or legal guardian at the beginning of each
8 school year.
9	F.  The state Department of Education shall submit a report to the House
10 Committee on Education and the Senate Committee on Education not later than
11 December 31, 2019, relative to the implementation of this Section and compliance
12 by public school governing authorities.
13 §178.  School supplies
14	School supplies requested by classroom teachers of a student's parent or legal
15 guardian shall not exceed a published amount per student per school year as
16 determined by the public school governing authority and shall not constitute more
17 than what a student can reasonably consume throughout the school year.  Each
18 school principal shall approve all school supplies requested by classroom teachers
19 and shall adopt a process by which an inventory of such supplies is maintained and
20 monitored throughout the school year including a final count of supplies remaining
21 at the end of each school year.  Any supplies remaining at the end of a school year
22 shall be used in the following school year.  A student shall not be denied the
23 opportunity to participate in a classroom activity due to his inability to provide
24 requested supplies.
25	*          *          *
26 §3996.  Charter schools; exemptions; requirements
27	*          *          *
28	B.  Notwithstanding any state law, rule, or regulation to the contrary and
29 except as may be otherwise specifically provided for in an approved charter, a
Page 3 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-931	ORIGINAL
HB NO. 517
1 charter school established and operated in accordance with the provisions of this
2 Chapter and its approved charter and the school's officers and employees shall be
3 exempt from all statutory mandates or other statutory requirements that are
4 applicable to public schools and to public school officers and employees except for
5 the following laws otherwise applicable to public schools with the same grades:
6	*          *          *
7	(54)  Student fees, R.S. 17:177.
8	(55)  School supplies, R.S. 17:178.
9	*          *          *
10 §4022.  Participating schools; requirements
11	Each participating school shall:
12	*          *          *
13	(4)  Accept the scholarship amounts provided to scholarship recipients as full
14 payment of all educational costs, including incidental or supplementary fees that are
15 charged to all enrolled students including but not limited to meals, field trips, and
16 before- or after-school care.  The school shall identify in writing all such fees that
17 are paid with the scholarship. For any fees not charged to all enrolled students and
18 not paid by the scholarship, the school shall adopt and disseminate to parents of
19 scholarship recipients a policy that lists the fee and its purpose and amount and
20 includes a process for parents of scholarship recipients to apply for and receive a
21 waiver of the fee due to economic hardship, including objective criteria for granting
22 such waivers.  Such policy shall include a statement prohibiting the education
23 records of a scholarship recipient from being withheld due to failure to pay any fine,
24 debt, or other outstanding obligation.
25	*          *          *
26 Section 2.  R.S. 17:177(F) is hereby repealed in its entirety.
27 Section 3.  Section 1 and this Section of this Act shall become effective on August
281, 2019.  Section 2 of this Act shall become effective on December 31, 2019.
Page 4 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-931	ORIGINAL
HB NO. 517
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 517 Original 2019 Regular Session	Smith
Abstract:  Requires public school governing authorities to adopt policies relative to the
assessment, collection, and use of fees charged to students in elementary and
secondary schools or their parents or legal guardians.  Requires schools participating
in the voucher program to identify all fees paid with voucher funds and provide
certain information about fees to the parents or legal guardians of voucher students.
Proposed law requires each public school governing authority to adopt and publish on its
website a policy for the assessment, collection, and use of fees charged to students or their
parent or legal guardians.  Defines "fees" as any monetary payment or supplies required as
a condition of a student being enrolled in school or participating in any curricular or
cocurricular activity, excluding the cost of school meals.  Requires specified components to
be included in such policies including fee lists, amounts, and use, a process for requesting
waivers due to economic hardship, and an appeals process when waivers are denied. 
Requires each public school to publish the policy on its website and include it in the school's
student handbook.  Requires the state Dept. of Education to report to the House and Senate
education committees regarding the implementation and compliance with proposed law by
public school governing authorities.
Present law, relative to the Student Scholarships for Educational Excellence Program,
specifies requirements relative to schools (nonpublic and public) that participate in the
program.  Requires that participating schools accept the scholarship amounts provided to
scholarship recipients as full payment of all educational costs, including incidental or
supplementary fees that are charged to all enrolled students including but not limited to
meals, field trips, and before- or after-school care.  Proposed law additionally requires 
participating schools to identify all such fees that are paid with the scholarship.  Provides
that for any fees not charged to all enrolled students and not paid by the scholarship, the
school shall adopt and disseminate to parents of scholarship recipients a policy that outlines
the fee, its purpose, the amount charged, and a process by which parents of scholarship
recipients may apply for and receive a waiver of the fee due to economic hardship, including
objective criteria for granting such waivers.  Requires that such policy shall include a
statement prohibiting the education records of a scholarship recipient from being withheld
due to failure to pay any fine, debt, or other outstanding obligation.  Otherwise retains
present law.
Proposed law provides that school supplies requested by classroom teachers of a student's
parent or legal guardian shall not exceed a published amount per student per school year as
determined by the public school governing authority and shall not constitute more than what
a student can reasonably consume throughout the school year.  Requires school principals
to approve school supplies and to adopt a process for the inventory of such supplies. 
Provides that supplies remaining at the end of a school year shall be used in the following
school year.  Provides that a student shall not be denied the opportunity to participate in a
classroom activity due to his inability to provide requested supplies.
(Amends R.S. 17:4022(4); Adds R.S. 17:177, 178, and 3996(B)(54) and (55); Repeals R.S.
17:177(F))
Page 5 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.