HLS 21RS-879 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 494
BY REPRESENTATIVE MINCEY
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(A), (B), and (C), relative to public school choice; to
3 provide relative to school funding; to require a written agreement between certain
4 parties; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 17:4035.1(A), (B), and (C) are hereby amended and reenacted to read
7as follows:
8 ยง4035.1. Public School Choice school choice
9 A. The parent or other legal guardian of any student may enroll his child in
10 the public school of his choice, without regard to residence, school system
11 geographic boundaries, or attendance zones, provided both of the following apply:
12 if the public school governing authority with jurisdiction where the student resides
13 and the public school governing authority of the school to which the parent or legal
14 guardian seeks to have the student enroll reach an agreement on such transfer as
15 provided in Subsection B of this Section.
16 (1) The public school in which the student was most recently enrolled, or
17 would otherwise attend, received a school performance letter grade of "D" or "F" for
18 the most recent school year, pursuant to the state's school and district accountability
19 system.
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HB NO. 494
1 (2) The school in which the student seeks to enroll received a school
2 performance letter grade of "A", "B", or "C" for the most recent school year,
3 pursuant to the state's school and district accountability system, and has sufficient
4 capacity at the appropriate grade level.
5 B. The authority to enroll a student in the public school of choice shall not
6 be permitted and shall not be exercised if doing so violates the order of a court of
7 competent jurisdiction. The agreement provided for in this Section shall at a
8 minimum:
9 (1) Be a written agreement between the two affected public school governing
10 authorities and a parent or legal guardian of the student.
11 (2) Arrange for transportation for the student to and from the admitting
12 school.
13 (3) Provide for the transfer of sufficient local funds to account for the
14 student's transfer, including a schedule for payments.
15 (4) Establish the conditions under which the transfer agreement may be
16 terminated prior to the end of its stated term, which shall include the impact an early
17 termination would have on the transfer of local funds as provided for in this
18 Subsection.
19 (5) Include an acknowledgment that such a transfer does not create an
20 entitlement to future enrollment beyond the term of the agreement.
21 C. Notwithstanding the provisions of R.S. 17:158 to the contrary, a school
22 system shall not be required to provide transportation to any student enrolled in a
23 public school pursuant to this Section that is located outside of the geographic
24 boundaries of the school system in which the student resides, if providing such
25 transportation will result in additional cost to the school system. Entry into an
26 agreement as provided for in this Section is discretionary by both affected public
27 school governing authorities.
28 * * *
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HB NO. 494
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 494 Original 2021 Regular Session Mincey
Abstract: Requires a written agreement between affected public school governing
authorities and a parent for a student to attend the public school of his choice.
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 removes school performance letter grade and school capacity requirements.
Present law further provides for public school choice as follows:
(1)The authority to enroll a student in the public school of choice shall not be exercised
if doing so violates a court order.
(2)A public school governing authority shall not be required to provide transportation
to any student enrolled in a public school that is located outside the geographic
boundaries of the school district in which he resides if it will result in additional cost
to the governing authority.
Proposed law removes such provisions.
Present law provides a student enrolled in a public school shall be counted by the public
school governing authority in which he is enrolled for purposes of the Minimum Foundation
Program formula and any other available state or federal funding for which the student is
eligible. Proposed law retains present law.
Proposed law requires, for a student to transfer to a public school of his choice, a written
agreement between his current public school governing authority, his prospective public
school governing authority, and his parent to address at a minimum:
(1)Transportation for the student to and from the admitting school.
(2)Local funds to be transferred to cover the cost of the student's transfer.
(3)The conditions for which the agreement may be terminated.
(4)An acknowledgment that the transfer agreement does not guarantee future enrollment
beyond the timeline and scope of the agreement.
(Amends R.S. 17:4035.1(A), (B), and (C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.