HLS 21RS-405 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 211
BY REPRESENTATIVE WRIGHT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS/CHOICE: Provides relative to public school choice
1 AN ACT
2To amend and reenact R.S. 17:4035.1(C) through (E) and to enact R.S. 17:4035.1(F) and
3 (G), relative to public school choice; to provide relative to school funding; to provide
4 relative to the applicability of school and district accountability; to provide for an
5 appeals process for public school choice enrollment denials; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 17:4035.1(C) through (E) are hereby amended and reenacted and
9R.S. 17:4035.1(F) and (G) are hereby enacted to read as follows:
10 ยง4035.1. Public School Choice
11 * * *
12 C.(1) If a school or governing authority denies the enrollment request of a
13 prospective student for an intradistrict transfer, the parent or legal guardian of the
14 student may appeal the decision to the State Board of Elementary and Secondary
15 Education. Within ninety days of receipt of an appeal, the state board shall approve
16 or deny the request to enroll. If the state board approves the request, the student shall
17 be allowed to enroll at the school within thirty days of the decision.
18 (2) If the state board approves a request for enrollment in a school with an
19 enrollment waiting list, the school may use its discretion in determining to place the
20 student ahead of any other prospective student on the waiting list.
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HB NO. 211
1 (3) The state board shall adopt rules required for implementation of this
2 Subsection.
3 D. Notwithstanding the provisions of R.S. 17:158 to the contrary, a school
4 system shall not be required to provide transportation to any student enrolled in a
5 public school pursuant to this Section that is located outside of the geographic
6 boundaries of the school system in which the student resides, if providing such
7 transportation will result in additional cost to the school system.
8 D. E.(1) Any student enrolled in a public school pursuant to the provisions
9 of this Section shall be counted by the local public school system in which he is
10 enrolled for purposes of the minimum foundation program and formula, and any
11 other available state or federal funding for which the student is eligible. If a student
12 enrolls in a school under the jurisdiction of a different governing authority than his
13 previous school, the state board shall fund such student in the same manner as
14 students attending a Type 2 charter school pursuant to R.S. 17:3995 and the
15 minimum foundation program formula most recently approved by the legislature.
16 (2) A student who enrolls in a school under the jurisdiction of a different
17 governing authority than his previous school shall not be included in the school's
18 school and district accountability system ratings for two years after enrollment.
19 (3) The state board shall make every effort to identify and pursue federal,
20 state, and philanthropic sources of funding to provide financial incentives and
21 student supports for schools that enroll students pursuant to this Section.
22 E. F.(1) The governing authority of each public elementary and secondary
23 school shall work collaboratively and cooperatively to ensure compliance with the
24 provisions of this Section and shall adopt a policy to govern student transfers
25 authorized by this Section. Each governing authority shall develop a definition for
26 "capacity" for each school and shall incorporate it into written policy. The policies
27 shall include:
28 (a) A definition of "capacity" for each school.
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HB NO. 211
1 (b) The transfer request period, which shall begin no later than March first
2 and end no earlier than March twenty-eighth, annually.
3 (2) Prior to the transfer request period, the public school governing authority
4 shall notify parents and legal guardians of students enrolled in a school that received
5 a "D" or "F" school performance letter grade pursuant to the state's school and
6 district accountability system for the most recent school year of the following:
7 (a) The provisions of this Section.
8 (b) The schools under the jurisdiction of the governing authority that
9 received an "A", "B", or "C" school performance letter grade, if any.
10 (c) The process for submitting student transfer requests.
11 (d) The page on the state Department of Education's website that contains
12 school performance data.
13 (3) Such policies shall be posted to the school governing authority's website
14 no later than September 30, 2018, September 30, 2022, and reported to the state
15 Department of Education no later than December 31, 2018 December 31, 2022.
16 (2)(4) Any student transfer pursuant to the provisions of this Section shall
17 comply with the policy adopted by the governing authority of the school in which the
18 student seeks to enroll.
19 G. The state board shall report to the House Committee on Education and the
20 Senate Committee on Education no later than October thirty-first annually regarding
21 student transfers including but not limited to the following information,
22 disaggregated by family income and race and ethnicity:
23 (1) The number of interdistrict student transfer requests received, accepted,
24 appealed, and denied during the most recent school year.
25 (2) The number of intradistrict student transfer requests received, accepted,
26 appealed, and denied during the most recent school year.
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HB NO. 211
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 211 Original 2021 Regular Session Wright
Abstract: Provides relative to the ability of students to attend the public school of their
choice, including provisions for appealing a denial of enrollment to the State Bd. of
Elementary and Secondary Education (BESE).
Present law allows parents to enroll children in the public school of their choice, without
regard to residence, school system geographic boundaries, or attendance zones, if both of the
following apply:
(1)The public school in which the student was most recently enrolled or would
otherwise attend received a school performance letter grade of "D" or "F" for the
most recent school year.
(2)The school in which the student seeks to enroll received a school performance letter
grade of "A", "B", or "C" for the most recent school year and has sufficient capacity
at the appropriate grade level.
Proposed law retains present law.
Proposed law authorizes appeals to BESE by parents of students who are denied enrollment
into their public school of choice. Provides if BESE overturns the denial of a transfer
request and the student's desired school of attendance has a waiting list for enrollment, the
school is authorized to determine the order of names on the list.
Present law requires each public school governing authority to adopt a policy to govern
student transfers authorized by present law. Proposed law retains present law and further
requires that the policy be posted to each of the governing authorities' websites by Sept. 30,
2022, and reported to the state Dept. of Education by Dec. 31, 2022.
Proposed law requires such policy to include an annual transfer request period. Requires
public school governing authorities to notify parents and legal guardians of the policy; the
provisions of R.S. 17:4035.1; "A", "B", and "C" schools under its jurisdiction; and where to
find school performance letter grades on the department's website.
Proposed law requires BESE to pursue funds to provide financial incentives and student
supports to schools enrolling students pursuant to present law and proposed law.
Proposed law provides that if a student chooses a school under a different governing
authority, he shall not be included in the school's performance ratings for his first two years
of attendance.
Proposed law requires BESE to submit a report on or before Oct. 31 annually to the
legislative committees on education which includes data relative to student transfers during
the most recent school year.
(Amends R.S. 17:4035.1(C) through (E); Adds R.S. 17:4035.1(F) and (G))
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