ENROLLED ACT No. 374 2022 Regular Session HOUSE BILL NO. 133 BY REPRESENTATIVE HARRIS 1 AN ACT 2 To amend and reenact R.S. 17:7(2)(d) and (f)(ii), (6)(a)(ii) and (b)(i)(bb) and (ii), and (8), 3 7.2(C), 7.5(A), 10.7.1(E)(1) and (H)(4)(b), 24.1(B) and (D)(1), 24.9(B)(8), 4 25.1(A)(1) and (2), (B)(1) and (2), (C), and (E)(1), 64(A)(3), 105.1(D), 151.3(C)(3), 5 203(introductory paragraph), 221(A)(1)(b) and (B)(1)(b), 222(C)(1), 6 372(introductory paragraph), 391.2(introductory paragraph), 392.1(C)(3), 395(A), 7 396(introductory paragraph) and (1), 407.1(introductory paragraph), 407.33, 8 407.62(introductory paragraph), 407.82(introductory paragraph), 9 407.91(introductory paragraph), 409.2(introductory paragraph), 416(A)(1)(c)(iii)(ll), 10 (B)(1)(a), (C)(1) and (2)(d)(ii), (H)(1), and (K), 419.2(D), 434(A), 441(introductory 11 paragraph), 540(introductory paragraph), 1233(introductory paragraph), 12 1519.1(introductory paragraph), 1672, 1673, 1942, 1943(A) and (C), 1944(D), 13 1945.2(B), 1946(A), 1947(C), 1962(introductory paragraph) and (1), 14 1970.2(introductory paragraph), 1970.22(introductory paragraph), 1970.24(B)(1), 15 1972(introductory paragraph), 1982(introductory paragraph), 1987(C), 16 1989.2(introductory paragraph), 1990(B)(1)(b) and (C)(1)(a) and 17 (2)(a)(i)(introductory paragraph) and (ii), 1991(A)(introductory paragraph), 18 2803(introductory paragraph) and (1), 2925(A)(6), 2942, 2990.2, 3002, 3005(G), 19 3047.6(A)(1)(c), 3047.7(C), 3050.11(C)(1)(b) and (c), 3052, 3082(introductory 20 paragraph), 3092(introductory paragraph), 3100.2(introductory paragraph), 21 3102(introductory paragraph), 3129.9(A)(introductory paragraph), 22 3140.1(introductory paragraph), 3162(C)(8), 3165.2(B), 3202(introductory 23 paragraph), 3394.2(introductory paragraph), 3399.12(introductory paragraph), 24 3399.15(A), 3399.21(introductory paragraph), 3399.31(introductory paragraph), Page 1 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 3602(introductory paragraph), 3702(introductory paragraph), 3772(introductory 2 paragraph) and (2), 3801(D), 3822(introductory paragraph), 3831(introductory 3 paragraph), 3873(introductory paragraph), 3882(introductory paragraph), 4 3973(introductory paragraph), 4002.3(introductory paragraph), 4013(introductory 5 paragraph), 4036.1(D)(1), and 4041(introductory paragraph), to enact R.S. 6 17:2351(introductory paragraph), and to repeal R.S. 17:7(2)(b) and (32), 7.5(B), 7 10.7.1(H)(6), 24.4(F)(5), 393, 407.23(C)(3), and 1970.24(E)(1)(o)(ii), relative to 8 providing technical corrections for Title 17 of the Louisiana Revised Statutes of 9 1950; to provide for technical corrections; to provide for standardization of language; 10 to remove obsolete reporting requirements; and to provide for related matters. 11 Be it enacted by the Legislature of Louisiana: 12 Section 1. R.S. 17:7(2)(d) and (f)(ii), (6)(a)(ii) and (b)(i)(bb) and (ii), and (8), 7.2(C), 13 7.5(A), 10.7.1(E)(1) and (H)(4)(b), 24.1(B) and (D)(1), 24.9(B)(8), 25.1(A)(1) and (2), 14 (B)(1) and (2), (C), and (E)(1), 64(A)(3), 105.1(D), 151.3(C)(3), 203(introductory 15 paragraph), 221(A)(1)(b) and (B)(1)(b), 222(C)(1), 372(introductory paragraph), 16 391.2(introductory paragraph), 392.1(C)(3), 395(A), 396(introductory paragraph) and (1), 17 407.1(introductory paragraph), 407.33, 407.62(introductory paragraph), 407.82(introductory 18 paragraph), 407.91(introductory paragraph), 409.2(introductory paragraph), 19 416(A)(1)(c)(iii)(ll), (B)(1)(a), (C)(1) and (2)(d)(ii), (H)(1), and (K), 419.2(D), 434(A), 20 441(introductory paragraph), 540(introductory paragraph), 1233(introductory paragraph), 21 1519.1(introductory paragraph), 1672, 1673, 1942, 1943(A) and (C), 1944(D), 1945.2(B), 22 1946(A), 1947(C), 1962(introductory paragraph) and (1), 1970.2(introductory paragraph), 23 1970.22(introductory paragraph), 1970.24(B)(1), 1972(introductory paragraph), 24 1982(introductory paragraph), 1987(C), 1989.2(introductory paragraph), 1990(B)(1)(b) and 25 (C)(1)(a) and (2)(a)(i)(introductory paragraph) and (ii), 1991(A)(introductory paragraph), 26 2803(introductory paragraph) and (1), 2925(A)(6), 2942, 2990.2, 3002, 3005(G), 27 3047.6(A)(1)(c), 3047.7(C), 3050.11(C)(1)(b) and (c), 3052, 3082(introductory paragraph), 28 3092(introductory paragraph), 3100.2(introductory paragraph), 3102(introductory 29 paragraph), 3129.9(A)(introductory paragraph), 3140.1(introductory paragraph), 3162(C)(8), 30 3165.2(B), 3202(introductory paragraph), 3394.2(introductory paragraph), Page 2 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 3399.12(introductory paragraph), 3399.15(A), 3399.21(introductory paragraph), 2 3399.31(introductory paragraph), 3602(introductory paragraph), 3702(introductory 3 paragraph), 3772(introductory paragraph) and (2), 3801(D), 3822(introductory paragraph), 4 3831(introductory paragraph), 3873(introductory paragraph), 3882(introductory paragraph), 5 3973(introductory paragraph), 4002.3(introductory paragraph), 4013(introductory 6 paragraph), 4036.1(D)(1), and 4041(introductory paragraph) are hereby amended and 7 reenacted and R.S. 17:2351(introductory paragraph) is hereby enacted to read as follows: 8 §7. Duties, functions, and responsibilities of board 9 In addition to the authorities granted by R.S. 17:6 and any powers, duties, and 10 responsibilities vested by any other applicable laws, the board shall: 11 * * * 12 (2) 13 * * * 14 (d) The State Board of Elementary and Secondary Education shall establish 15 within the Department of Education, office of management and finance, a program 16 of fiscal accountability for purposes of providing an audit, evaluation, and a 17 computerization of the data submitted by local school systems and used in the 18 determination of the cost of the Minimum Foundation Program minimum foundation 19 program for public elementary and secondary education and in the equitable 20 distribution of funds provided for the Minimum Foundation Program minimum 21 foundation program for public elementary and secondary education. The board shall 22 annually report, not later than March fifteenth, the findings of the audit and 23 evaluation, with recommendations for improvement, to the committees on education 24 of the House of Representatives and the Senate. The audit and evaluation shall 25 consider the minimum performance standards established by the legislature, the State 26 Board of Elementary and Secondary Education, and the state Department of 27 Education. 28 * * * 29 (f) 30 * * * Page 3 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 (ii) Beginning with the 2009-2010 school year and continuing thereafter, the 2 The State Board of Elementary and Secondary Education shall offer guidance and 3 technical assistance to each city, parish, or other local public school board in making 4 strategic fiscal decisions that promote improved student achievement. Such 5 guidance and technical assistance shall include but not be limited to the identification 6 of best practices in school finance that promote efficiency, economies of scale, and 7 the use of comparative data to improve spending and educational outcomes. 8 * * * 9 (6)(a) 10 * * * 11 (ii) Additionally, whenever there is a qualification or condition established 12 by law or board policy, or both, that a teacher holding a regular teacher certificate 13 which is valid for three years must shall comply with, in order for the teacher to be 14 issued a permanent regular teacher certificate, and it is not possible for a teacher at 15 a nonpublic school to comply with such qualification or condition due to the teacher 16 being employed at a nonpublic school, the board shall establish, effective for the 17 1998-1999 school year and thereafter, an alternative method or process by which the 18 nonpublic school teacher may meet such qualification or condition. A teacher 19 employed in a nonpublic school who meets the qualifications or conditions pursuant 20 to the alternative method or process established pursuant to this Item shall be issued 21 a permanent regular teacher certificate which shall be valid for all purposes in this 22 state and under all the same conditions as if it had been issued to a teacher who 23 complied with the qualifications or conditions as otherwise established by law or 24 board policy. Prior to establishing an alternative method or process, the board shall 25 direct the nonpublic school commission to formulate, develop, and recommend to 26 the board the alternative method or process by which the nonpublic school teacher 27 may meet the qualification or condition and the method or process established by the 28 board shall be consistent with the recommendations of the nonpublic school 29 commission. Page 4 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 (b)(i) 2 * * * 3 (bb) On and after September 15, 1981, any Any person certified to teach in 4 another state who applies for certification to teach in the public schools of Louisiana 5 shall be required to pass satisfactorily the examination which is administered in 6 accordance with the provisions of this Paragraph as a prerequisite to the granting of 7 such certification. However, a teacher certified in another state who meets all other 8 requirements for a Louisiana certificate granted to out-of-state graduates except for 9 the provisions of this Item shall be granted a three-year nonrenewable provisional 10 certificate to be used while said the teacher completes the requirements set forth in 11 this Paragraph. 12 * * * 13 (ii) The state superintendent of education shall administer the 14 aforementioned policy of the board. In such administration of the policy, the 15 superintendent shall choose the appropriate testing instrument, shall conduct all 16 necessary research to validate the applicability of the instrument to teacher education 17 programs within the state of Louisiana, and shall conduct all necessary research to 18 determine the level at which the examination is satisfactorily completed. During the 19 conduct of the research and in the preparation of the testing instrument, the 20 superintendent shall meet with and consider the suggestions of individual classroom 21 teachers, representatives of teacher organizations, deans of education of the public 22 colleges and universities of the state, and representatives of each of the governing 23 boards for higher education. 24 * * * 25 (8) Except as otherwise provided by law, approve non-public nonpublic 26 schools in accordance with the provisions of R.S. 17:11 and any other applicable 27 law. 28 * * * Page 5 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §7.2. Approved teacher education programs 2 * * * 3 C. In adopting requirements for approval of teacher education programs 4 pursuant to this Section the board shall provide that such requirements shall not be 5 applicable to students enrolled in an approved teacher education program in 6 Louisiana on the effective date of this Section, unless the board finds that any such 7 requirement can be made applicable without undue hardship to the student. The 8 board shall provide that requirements adopted pursuant to Paragraphs (4) and (5) of 9 (A)(4) and (5) Subsection A of this Section shall not be applicable to students 10 enrolled in an approved teacher education program in Louisiana on the effective date 11 of such Paragraphs, unless the board finds that any such requirement can be made 12 applicable without undue hardship to the student. 13 * * * 14 §7.5. Alternative educational programs of instruction; submission of plans; board 15 approval; program monitoring 16 A. The state Department of Education, in collaboration with other 17 appropriate state agencies, shall establish guidelines, with the approval of the State 18 Board of Elementary and Secondary Education, for alternative educational programs 19 of instruction for at-risk public middle and high school students in grades six through 20 twelve. The state Department of Education shall provide for the definition of said 21 at-risk students with the approval of the board. 22 * * * 23 §10.7.1. Return of certain schools from the Recovery School District to the 24 transferring school system; timeline; conditions; funding 25 * * * 26 E. Notwithstanding any law to the contrary, in order to support and protect 27 the interests and rights of the children it serves, the local school board: 28 (1) Shall adopt a policy that establishes a process to determine the 29 district-level funding allocation to be effective beginning July 1, 2017, and as revised 30 in subsequent years as appropriate, based upon student characteristics or needs, as Page 6 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 determined by the local school board, to distribute the total amount of minimum 2 foundation program formula funds allocated to the local school board and to Type 3 1, 1B, 3, 3B, 4, and 5 charter schools that are located within the geographic 4 boundaries of the local school system. 5 * * * 6 H. 7 * * * 8 (4) The local school superintendent shall submit the plan to the local school 9 board for approval by September 1, 2016. The plan shall include: 10 * * * 11 (b) An implementation time line timeline that shall include a detailed list of 12 tasks and benchmarks that are appropriately sequenced to efficiently facilitate the 13 transfer of such functions and related funding from the Recovery School District 14 with respect to the return of schools to the local school system. 15 * * * 16 §24.1. State Department of Education; in-service training programs 17 * * * 18 B. The purpose of such program shall be to establish guidelines for in- 19 service teacher educational programs for all teachers in the public schools and to 20 provide technical assistance to local school systems in developing such programs. 21 The plans for these in-service programs shall be such as to provide effective and 22 sequential training in professional or subject matter areas appropriate to each level 23 of teaching. The state Department of Education shall prepare, with the advice of a 24 representative group of classroom teachers, suggested guidelines for the 25 administration and content of the in-service training programs of professional 26 improvement. These guidelines shall be revised from time to time as the 27 Superintendent of Education for Public Elementary and Secondary Education state 28 superintendent of education considers necessary or desirable, and shall be made 29 available to each parish or city school board. The department shall also have 30 authority to approve or disapprove programs as provided in this Section. The Page 7 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 purpose of the in-service educational programs developed and approved under the 2 provisions of this Section shall be to improve the instructional skills of all teachers 3 in the public schools, their ability to communicate with and foster learning among 4 students of differing backgrounds, their knowledge of the subject matter they teach, 5 and innovative techniques in teaching such subject matter. 6 * * * 7 D. The department shall establish guidelines for such in-service programs. 8 Such guidelines shall include but not be limited to provisions for: 9 (1) Requirement for frequent conduct of programs and time of programs, 10 including guidelines for programs within and outside of the minimum school session 11 and regular school days. When such programs are conducted outside the minimum 12 school session as defined by R.S. 17:225 or on a day other than regular school days, 13 the teachers participating shall be compensated at a rate of no less than the average 14 daily salary of a first year first-year teacher with a bachelor's degree in that parish or 15 city school system. 16 * * * 17 §24.9. Quality early literacy initiative; legislative findings; development; criteria; 18 implementation; limitations 19 * * * 20 B. The state Department of Education shall develop a comprehensive and 21 evidence-based early literacy initiative for students in kindergarten through third 22 grade. The department shall: 23 * * * 24 (8) Report the data for each school, for each school system, and for the state 25 as a whole, in the school progress profiles provided pursuant to R.S. 17:3911 and 26 3912. 27 * * * Page 8 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §25.1. Minimum foundation program; date for payments 2 A. As used in this Section, the following words and phrases shall have the 3 following meanings unless the context otherwise requires: 4 (1) "Department" means the state Department of Education acting through 5 the superintendent or his designee. 6 (2) "Schedule notice" means a notice sent by the department by registered 7 or certified mail to each affected parish and city school board describing a 8 disbursement schedule for the amounts payable annually to the board under the 9 Minimum Foundation Program minimum foundation program pursuant to this 10 Section. 11 * * * 12 B.(1) The department shall transmit to each parish and city school board not 13 later than the twenty-fifth day of each month, one-twelfth of the amount payable 14 annually to the board under the Minimum Foundation Program minimum foundation 15 program, unless the department mails a schedule notice to each parish and city 16 school board on or before May 1 first of each year which contains such information 17 as is required to inform such boards that a disbursement schedule of the amount 18 payable annually to the board under the Minimum Foundation Program minimum 19 foundation program will be implemented pursuant to this Section. However, for 20 fiscal year 1988-1989, the schedule notice shall be mailed on or before the end of the 21 regular legislative session from a schedule provided by the Division of 22 Administration, Appropriation's Control or the state treasurer. 23 (2) Notice and implementation of a disbursement schedule pursuant to this 24 Section shall by its terms in no way reduce the aggregate annual Minimum 25 Foundation Program minimum foundation program funds payable to all parish and 26 city school boards and the annual Minimum Foundation Program minimum 27 foundation program funds payable to an individual parish or city school board in 28 accordance with Article VIII, Section 13(B) of the Constitution of Louisiana. Page 9 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 C. The schedule notice shall set forth the fraction or percentage of annual 2 Minimum Foundation Program minimum foundation program disbursements, if any, 3 to be transmitted each month, the latest day on which the disbursements, if any, will 4 be transmitted, which date shall not be later than the twenty-fifth day of any month 5 during which disbursements are scheduled to be transmitted, and such other 6 information as the department deems necessary or convenient. 7 * * * 8 E.(1) A disbursement schedule for which the schedule notice has been given 9 shall not be effective during the fiscal year described therein unless and until an 10 amount in addition to the aggregate Minimum Foundation Program minimum 11 foundation program formula amount shall have been included in the general 12 appropriations act for such fiscal year sufficient to reimburse each parish and city 13 school board for the interest expense and costs, if any, incurred as a direct result of 14 an alternative borrowing caused by the implementation of a disbursement schedule 15 pursuant to this Section. The aggregate interest expense and costs, if any, projected 16 to be incurred by parish and city school boards and included in the general 17 appropriations act shall be projected and calculated by the department and such 18 calculation shall be conclusive. 19 * * * 20 §64. Zachary Community School Board and school system; creation; membership; 21 qualifications; apportionment; election; powers, duties, and functions; system 22 operation 23 A. 24 * * * 25 (3) No appropriation of state funds shall be provided to provide assistance 26 or support with the initial establishment of the Zachary community school system. 27 Nothing in this Paragraph shall limit the participation of the Zachary community 28 school system in the Minimum Foundation Program minimum foundation program 29 or any other appropriation applicable to other public school systems in the state. 30 * * * Page 10 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §105.1. Transfer to schools in an adjoining school system; conditions; exceptions; 2 funding 3 * * * 4 D. In the case of the transfer of any student pursuant to this Section, the 5 adjoining school system shall notify the state Department of Education. The state 6 Department of Education shall adjust the allocation of money through the Minimum 7 Foundation Program minimum foundation program formula or any other monies 8 appropriated and allocated among school systems based in any way on the number 9 of students enrolled so as to account for the transfer of the student. 10 * * * 11 §151.3. Kindergarten; establishment; entrance age; prerequisites 12 * * * 13 C. 14 * * * 15 (3) A child not able to meet the kindergarten attendance requirements as 16 provided in Paragraph (1) of this Subsection due to illness or extraordinary, 17 extenuating circumstances as determined by the city, parish, or other local public 18 school board shall be required to satisfactorily pass an academic readiness screening 19 administered by the city, parish, or other local public school board prior to the time 20 of enrollment for in the first grade. 21 * * * 22 §203. Definitions 23 As used in this Subpart, the following terms words have the following 24 meanings ascribed to them unless the context requires otherwise: 25 * * * 26 §221. School attendance; compulsory ages; duty of parents; excessive absences; 27 condition for driving privileges 28 A.(1) 29 * * * Page 11 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 (b) Beginning with the 2022-2023 school year, the parent or legal guardian 2 of a child who resides in Louisiana and who is age five, by September thirtieth of the 3 calendar year in which the school year begins, through eighteen shall send the child 4 to a public or nonpublic school, as defined by R.S. 17:236, unless the child's parent 5 or legal guardian opted to defer enrollment of his child in kindergarten pursuant to 6 R.S. 17:151.3(D) or the child graduates from high school prior to his eighteenth 7 birthday. A child below the age of five who legally enrolls in school shall also be 8 subject to the provisions of this Subpart. 9 * * * 10 B.(1) A city, parish, or other local public school board shall grant admission 11 or readmission to school to any person who meets all of the following criteria: 12 * * * 13 (b) Meets the eligibility requirements for school entrance pursuant to R.S. 14 17:222(A). 17:221. 15 * * * 16 §222. School entrance; proof of age, race, and parentage required; exceptions 17 * * * 18 C.(1) Notwithstanding the provisions of Subsections A and B of this Section, 19 the parish school boards in Jefferson and Orleans parishes may adopt, by rule, and 20 enforce ages for entrance into first grade in the schools in their systems which vary 21 from the provisions of this Section. All children admitted into school as a result of 22 a rule adopted pursuant to this Subsection shall be counted in reports submitted for 23 funding under the Minimum Foundation Program minimum foundation program and 24 money allocated pursuant to such program shall be based on the report which 25 includes such children. 26 * * * Page 12 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §372. Definitions 2 As used in this Part, the following terms shall have the meaning ascribed to 3 them in this Section, following meanings except when unless the context clearly 4 indicates a different meaning otherwise: 5 * * * 6 §391.2. Definitions 7 As used in this Part, the following words, terms, and phrases shall have the 8 meaning ascribed to them in this Section, following meanings except when unless 9 the context clearly indicates a different meaning otherwise: 10 * * * 11 §392.1. Screening and intervention; purpose; applicability; city and parish school 12 system; duties 13 * * * 14 C. Screenings as required by this Section shall have one or more of the 15 following results: 16 * * * 17 (3) Indication of need for assistance to ameliorate the effect of a possible at- 18 risk risk factor. 19 * * * 20 §395. Statement of purpose 21 A. The purpose of this Part is to provide supplemental funds for the delivery 22 of supplemental remedial instruction adapted for those eligible students in the 23 elementary and secondary schools of this state as set forth in the city and parish 24 school board pupil progression plans approved by the State Board of Elementary and 25 Secondary Education. A program of remedial education shall be put into place by 26 local parish and city parish school systems following regulations adopted by the state 27 Department of Education and approved by the state board pursuant to R.S. 17:24.4. 28 All eligible students shall be provided with appropriate remedial instruction. 29 * * * Page 13 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §396. Definitions 2 As used in this Part, the following words, terms, and phrases shall have the 3 meaning ascribed to them in this Section, following meanings except when unless 4 the context clearly indicates a different meaning otherwise: 5 (1) "Department" means the state Department of Education. 6 * * * 7 §407.1. Definitions 8 As used in this Part, the following words, terms, and phrases shall have the 9 meanings ascribed to them in this Section as follows following meanings: 10 * * * 11 §407.33. Definitions 12 A. As used in this Part, the following definitions shall apply terms have the 13 following meanings unless the context clearly states indicates otherwise: 14 (1) "Camp" means any place or facility operated by any institution, society, 15 agency, corporation, person or persons, or any other group which serves only 16 children five years of age or older and operates only when school is not in session 17 during the summer months or school holidays. 18 (2) "Child" means a person who has not reached age eighteen or otherwise 19 been legally emancipated. 20 (3) "Child day care center" means any place or facility operated by any 21 institution, political subdivision, society, agency, corporation, person or persons, or 22 any other group for the purpose of providing care, supervision, and guidance of 23 seven or more children, not including those related to the caregiver, unaccompanied 24 by parent or legal custodian, on a regular basis for at least twelve and one-half hours 25 in a continuous seven-day week. If a child day care center provides transportation 26 or arranges for transportation to and from the center, either directly or by contract 27 with third parties, all hours during which a child is being transported shall be 28 included in calculating the hours of operation. A child day care center that remains 29 open for more than twelve and one-half hours in a continuous seven-day week, and 30 in which no individual child remains for more than twenty-four hours in one Page 14 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 continuous stay shall be known as a full-time child day care center. A child day care 2 center that remains open after 9:00 p.m. shall meet the regulations established for 3 nighttime care. 4 (4) "Department" means the state Department of Education. 5 (5) "Early learning center" means any child day care center, Early Head Start 6 Center, Head Start Center, or stand-alone prekindergarten program not attached to 7 a school. 8 (6) "Head Start and Early Head Start Programs" mean the federally-funded 9 federally funded early childhood care and education programs that promote and 10 teach school readiness to children ages birth to five from low-income families and 11 provide services in the areas of education, social services for families, nutrition, 12 family engagement, health and mental health, as well as providing the physical plant 13 and instructional staff members for such purposes. 14 (7) "License type" means the type of license applied for or held, which shall 15 include Type I, Type II, and Type III. 16 (8) "Related" or "relative" means a natural or adopted child or grandchild of 17 the caregiver or a child in the legal custody of the caregiver. 18 * * * 19 §407.62. Definitions 20 As used in this Part, the following definitions shall apply terms have the 21 following meanings unless the context clearly states indicates otherwise.: 22 * * * 23 §407.82. Definitions. 24 As used in this Part, the following definitions shall apply terms have the 25 following meanings: 26 * * * 27 §407.91. Definitions 28 As used in this Part, the following definitions shall apply terms have the 29 following meanings: 30 * * * Page 15 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §409.2. Definitions 2 For the purposes of As used in this Subpart, the following terms have the 3 following meanings: 4 * * * 5 §416. Discipline of students; suspension; expulsion 6 A.(1) 7 * * * 8 (c) 9 * * * 10 (iii) A student in kindergarten through grade five removed from a class 11 pursuant to this Subparagraph shall not be permitted to return to the class for at least 12 thirty minutes unless agreed to by the teacher initiating the disciplinary action. A 13 student in grades six through twelve removed from a class pursuant to this 14 Subparagraph shall not be permitted to return to the class during the same class 15 period unless agreed to by the teacher initiating the disciplinary action. Additionally, 16 the student shall not be readmitted to the class until the principal has implemented 17 at least one of the following disciplinary measures: 18 * * * 19 (ll) Requiring the completion of all assigned school work and homework that 20 would have been assigned and completed by the student during the period of out-of- 21 school suspension. 22 * * * 23 B.(1)(a) Any student after being suspended for committing any of the 24 offenses enumerated in this Section may be expelled, upon recommendation by the 25 principal of the public school in which said the student is enrolled, which 26 recommended expulsion shall be subject to the provisions of Subsection C of this 27 Section. 28 * * * Page 16 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 C.(1) Upon the recommendation by a principal for the expulsion of any 2 student as authorized by Subsection B of this Section or a school board's code of 3 conduct, a hearing shall be conducted by the superintendent or his designee within 4 fifteen school days to determine the facts of the case and make a finding of whether 5 or not the student is guilty of conduct warranting a recommendation of expulsion. 6 The school board must shall provide written notice of the hearing to the student and 7 his parent or legal guardian, and such notice shall advise the student and his parent 8 or legal guardian of their rights. Upon the conclusion of the hearing and upon a 9 finding that the student is guilty of conduct warranting expulsion, the superintendent 10 or his designee shall determine whether such student shall be expelled from the 11 school system or if other corrective or disciplinary action shall be taken. At the 12 hearing the principal or teacher concerned may be represented by any person 13 appointed by the superintendent. The concerned teacher shall be permitted to attend 14 such hearing and shall be permitted to present information the teacher believes 15 relevant. Until such hearing takes place the student shall remain suspended from the 16 school with access to classwork and the opportunity to earn academic credit. At such 17 hearing the student may be represented by any person of his choice. A student who 18 is expelled or suspended for longer than ten days shall be provided with academic 19 instruction at an alternative setting in accordance with R.S. 17:416.2. 20 (2) 21 * * * 22 (d) 23 * * * 24 (ii) Any student expelled pursuant to the provisions of this Subsection or 25 Subsection B of this Section seeking readmission on a probationary basis prior to the 26 end of the specified period of expulsion must shall also comply with the provisions 27 of Subparagraph (B)(3)(d) of this Section. 28 * * * Page 17 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 H.(1) No student shall be disciplined in any manner by the governing 2 authority of a public elementary or secondary school or by any public elementary or 3 secondary school administrator, teacher, or other school employee for the use of 4 force upon another person when it can be reasonably concluded that the use of such 5 force more probably than not was committed solely for the purpose of preventing a 6 forcible offense against the student or a forcible offense provided that the force used 7 must shall be reasonable and apparently necessary to prevent such offense. 8 * * * 9 K. For the purposes of this Section, "virtual instruction" means instruction 10 provided to a student through an electronic delivery medium including but not 11 limited to electronic learning platforms that connect to a student in a remote location 12 to classroom instruction. A city, parish, or other local public school board discipline 13 policy shall clearly define the rules of conduct and expectations of students engaged 14 in virtual instruction, shall provide for notice of such rules and expectations to the 15 parents and guardians of students, shall include clearly defined consequences of 16 conduct, shall be narrowly tailored to address compelling government interests, and 17 shall take into consideration the students' and their families' rights to privacy and 18 other constitutional rights while at home or in a location that is not school property. 19 The provisions of this Section herein related to mandatory recommendation for 20 expulsion shall not be applied to virtual instruction received by a student in the 21 student's home. 22 * * * 23 §419.2. Extra compensation for school support personnel 24 * * * 25 D. In any year in which the Minimum Foundation Program minimum 26 foundation program formula adopted by the legislature contains the extra 27 compensation paid by the state for support personnel employed by city, parish, or 28 other local public school systems, extra compensation for such personnel as provided Page 18 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 in this Section shall not be in force and effect for such year and for any succeeding 2 year in which such formula remains in effect. 3 * * * 4 §434. Planning time for teachers; required 5 A. The State Board of Elementary and Secondary Education shall adopt 6 necessary rules and regulations requiring each city and parish school board to 7 provide a minimum of forty-five minutes daily uninterrupted planning time, or its 8 weekly equivalent for every teacher actively engaged in the instruction and 9 supervision of students in the public schools. Implementation of planning time as 10 required in this Section for teachers shall not result in a lengthened school day or a 11 reduction in student daily instructional time. 12 * * * 13 §441. Definitions 14 For purposes of As used in this Subpart, the following terms have the 15 following meanings: 16 * * * 17 §540. Definitions 18 For the purposes of As used in this Subpart, the following terms and phrases 19 are used as defined by this Section have the following meanings: 20 * * * 21 §1233. Definitions 22 As used in this Part, The the following words, terms, and phrases shall have 23 the meaning ascribed to them in this Section, following meanings unless the context 24 clearly indicates otherwise: 25 * * * 26 §1519.1. Definitions 27 As used in this Subpart, the following terms defined in this Section shall have 28 the following meanings herein given to them, except where unless the context clearly 29 indicates otherwise. 30 * * * Page 19 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §1672. Definitions 2 As used in this Subpart, the following terms have the following meanings: 3 A. (1) The term "department" "Department" shall mean the State state 4 Department of Education. 5 B. (2) The term "approved "Approved institutions of higher education" shall 6 mean Centenary College, Dillard University, St. Mary's Dominican College, Holy 7 Cross College, Louisiana College, Loyola University, Tulane University, and Xavier 8 University, all in Louisiana, and all other institutions of higher education in the state, 9 public or private, approved by the department. 10 C. (3) The terms "scholarship" "Scholarship" or "scholarship program" shall 11 mean a scholarship or the scholarship program authorized and established by the 12 provisions of this subpart. Subpart. 13 §1673. Scholarship program to be administered by state department of education 14 Department of Education 15 The scholarship program established and authorized by this subpart Subpart 16 shall be administered by the state department of education Department of Education. 17 * * * 18 §1942. Definitions 19 A. For purposes of this Chapter, the definitions in the Individuals with 20 Disabilities Education Improvement Act of 2004 are hereby adopted unless 21 otherwise provided by this Chapter or duly adopted regulations or policies. 22 B. As used in this Part, the following terms have the following meanings: 23 (1) A "student with an exceptionality", including a student with a disability, 24 is any student who is evaluated according to state and federal regulation or policy 25 and is deemed to have a mental disability, hearing loss (including deafness), multiple 26 disabilities, deaf-blindness, speech or language impairment, visual impairment 27 (including blindness), emotional disturbance, orthopedic impairment, other health 28 impairment, specific learning disability, traumatic brain injury, autism, or is deemed 29 to be gifted or talented, and as a result requires special education and related 30 services. A student with an exceptionality may include, as determined by the local Page 20 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 education agency, a student experiencing developmental delay ages three through 2 eight. 3 C. (2) "Education service agency" means a regional public multiservice 4 administrative agency authorized by state law to develop, manage, and provide 5 services or programs to local education agencies and includes any other public 6 institution or agency having administrative control and direction over a public 7 elementary or secondary school. 8 D. (3) "Local education agency" means a public board of education or other 9 public authority legally constituted within Louisiana for administrative control and 10 direction of or to perform a service function for public elementary or secondary 11 schools in a city, parish, or other local public school district or other political 12 subdivision. The term includes an education service agency and special schools and 13 school districts as that term is used in R.S. 17:1945 and any other public institution 14 or agency having administrative control and direction of a public elementary or 15 secondary school. 16 E. (4) "Resident" as it applies to a student with an exceptionality for 17 purposes of this Chapter shall mean any one of the following: 18 (1) (a) The student is a resident within the geographical boundaries of the 19 local education agency in which the student's parent or parents have their legal 20 residence, unless the parent or parents have relinquished custody of the student. In 21 such case, the student is a resident within the geographical boundaries of the local 22 education agency in which the student's legal custodian or custodians have their legal 23 residence. 24 (2) (b) If a student's parents are divorced, the student is a resident of the local 25 education agency in which the student's domiciliary or custodial parent or parents 26 have their legal residence. 27 (3) (c) If a student is in foster care, the student is a resident of the local 28 education agency in which the parent or parents with whom the student lived 29 immediately prior to being placed into foster care have their legal residence. Page 21 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §1943. Administration and supervision 2 A.(1) Except as otherwise provided in Paragraph (2) of this Subsection, the 3 provisions of this Chapter shall be administered at the state level by the state 4 Department of Education, with the approval of the State Board of Elementary and 5 Secondary Education, and on the city or parish level by local education agencies. 6 (2) The state Department of Education, with the approval of the State Board 7 of Elementary and Secondary Education, shall provide only general supervision and 8 monitoring when the provisions of this Chapter are administered through or in other 9 state agencies. 10 * * * 11 C. The state Department of Education shall establish pupil-teacher ratios and 12 class sizes taking into account the chronological age of the student with an 13 exceptionality, the severity of the disability, and the type of exceptionality. 14 §1944. Local education agency; responsibilities 15 * * * 16 D. Whenever adequate education results can best be obtained by providing 17 cooperative special education and related services, the local education agencies shall 18 establish and maintain such facilities and programs according to procedures 19 established by the state Department of Education with the approval of the State 20 Board of Elementary and Secondary Education. Adjacent and nearby local education 21 agencies shall pool their resources for this purpose. The local education agency 22 within whose boundaries said the facility is located shall be designated as the 23 coordinating fiscal agency. 24 * * * 25 §1945.2. Funding; inclusion in the minimum foundation program formula; other 26 appropriated state funds 27 * * * 28 B. The Special School District shall be considered a public school and, as 29 such, shall be included by the State Board of Elementary and Secondary Education 30 in the formula required by Article VIII, Section 13 of the Constitution of Louisiana Page 22 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 used to determine the cost of a minimum foundation program of education in all 2 public elementary and secondary schools. Funding shall be provided through 3 appropriations made directly to the district from the state general fund and through 4 funds appropriated for the minimum foundation program and allocated to the district 5 by the state Department of Education. 6 * * * 7 §1946. Procedural safeguards 8 A. The state Department of Education, the Special School District, and the 9 local education agencies shall establish and maintain regulations and procedures in 10 accordance with this Section and the Individuals with Disabilities Education 11 Improvement Act of 2004 to ensure that students with exceptionalities and their 12 parents are provided procedural safeguards with respect to the provision of free 13 appropriate public education by such agencies. 14 * * * 15 §1947. Funding 16 * * * 17 C. The state Department of Education and local education authorities may, 18 under policies established by the State Board of Elementary and Secondary 19 Education, enter into purchase of service agreements or contracts with other public 20 or nonpublic agencies to provide special education and related services. 21 * * * 22 §1962. Definitions 23 As used in this Part, the following words, terms and phrases shall have the 24 meanings ascribed to them in this Section, following meanings except when unless 25 the context clearly indicates a different meaning otherwise: 26 (1) "Department" means the state department of education Department of 27 Education. 28 * * * Page 23 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §1970.2. Definitions 2 As used in this Part, the following words, terms, and phrases shall have the 3 meanings ascribed to them in this Section, following meanings except when unless 4 the context clearly indicates a different meaning otherwise: 5 * * * 6 §1970.22. Definitions 7 As used in this Part, the following words, terms, and phrases shall have the 8 meanings ascribed to them in this Section, following meanings except when unless 9 the context clearly indicates a different meaning otherwise: 10 * * * 11 §1970.24. Board of directors; creation; membership; terms; powers and duties; 12 voting; compensation 13 * * * 14 B.(1) The board of directors shall be composed of thirteen persons as 15 follows: 16 (a)(i) Effective until June 30, 2012, two members appointed by the Orleans 17 Parish School Board, whose terms shall expire on June 30, 2012. 18 (ii) Effective July 1, 2012, and thereafter, two Two members as follows: 19 (aa) (i) One member appointed by the Orleans Parish School Board. He may 20 be replaced by resolution of the school board. 21 (bb) (ii) An employee of the state Department of Education appointed by the 22 state superintendent of education. 23 (b)(i) Effective until June 30, 2010, two members appointed by the governor, 24 neither of whom is serving as the vice president of the board on June 24, 2010, and 25 at least one of whom shall be a member of a minority racial group in the state, whose 26 terms shall expire on June 30, 2010. 27 (ii) Effective July 1, 2010, and thereafter, two Two members appointed by 28 the governor, at least one of whom shall be a member of a minority racial group in 29 the state. Page 24 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 (iii)(aa) Effective until June 30, 2012, one person appointed by the governor 2 and serving as the vice president of the board upon June 24, 2010, whose term shall 3 expire on June 30, 2012. 4 (bb) Effective July 1, 2012, and thereafter, one (c) One person appointed by 5 the governor who shall be from outside the greater New Orleans region. 6 (c) (d) Six persons shall be appointed by the governor from among nominees 7 as follows: 8 (i)(aa) Effective until June 30, 2010, one member from among nominees 9 submitted by the mayor of the city of New Orleans and identified by him as a 10 professional creative artist, whose term shall expire on June 30, 2010. 11 (bb) Effective July 1, 2010, and thereafter, one One member from among 12 nominees submitted by the mayor of the city of New Orleans. 13 (ii)(aa) Effective until June 30, 2012, one member from among nominees 14 submitted either by the presidents of Dillard University, Xavier University, and 15 Southern University at New Orleans, acting jointly either personally or by a person 16 designated from among their most senior university colleagues, or by one such 17 president or his designee for one term alternated with the other presidents or their 18 designees for subsequent terms, as decided by them jointly, whose term shall expire 19 on June 30, 2012. 20 (bb) Effective July 1, 2012, and thereafter, one One member from among 21 nominees submitted either by the presidents of Dillard University, Xavier University, 22 and Southern University at New Orleans, acting jointly either personally or by a 23 person designated from among their most senior university colleagues, or by one 24 such president or his designee for one term alternated with the other presidents or 25 their designees for subsequent terms, as decided by them jointly. 26 (iii)(aa) Effective until June 30, 2012, two members from among nominees 27 submitted by the New Orleans Center for the Creative Arts Institute, whose terms 28 shall expire on June 30, 2012. 29 (bb) Effective July 1, 2012, and thereafter, two Two members from among 30 nominees submitted by the New Orleans Center for Creative Arts Institute. Page 25 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 (iv)(aa) Effective until June 30, 2010, two members from among nominees 2 submitted by the parents association or the faculty or the alumni association of the 3 New Orleans Center for Creative Arts as decided by such organizations, whose terms 4 shall expire on June 30, 2010. 5 (bb) Effective July 1, 2010, and thereafter, two Two members as follows: 6 (I) (aa) One member from among nominees submitted by the center faculty 7 and employed as at least a half-time faculty member. 8 (II) (bb) One member who is an alumnus or alumna of the center selected 9 from among nominees submitted by the president/chief executive officer of the 10 center. 11 (d) (e) The member of the Louisiana House of Representatives in whose 12 election district the center's main campus is located or his designee. 13 (e) (f) The member of the Louisiana Senate in whose election district the 14 center's main campus is located or his designee. 15 * * * 16 §1972. Definitions 17 As used in this Part, the following words, terms, and phrases shall have the 18 meanings ascribed to them in this Section, following meanings except when unless 19 the context clearly indicates a different meaning otherwise: 20 * * * 21 §1982. Definitions 22 As used in this Part, the following words, terms, and phrases shall have the 23 meanings ascribed to them in this Section as follows following meanings: 24 * * * 25 §1987. School district for certain correctional centers for youth 26 * * * 27 C. The state shall annually appropriate sufficient monies to fund any school 28 in the district created in this Part in an amount equal to not less than the per pupil 29 amount allocated pursuant to the Minimum Foundation Program minimum 30 foundation program formula to the city or parish school district in which each such Page 26 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 correctional center for youth is located. The appropriation shall be made to the 2 administering agency for the district which may be expended by the agency for the 3 provision of educational services in the same manner as such money may be 4 expended by intermediate educational units in providing educational services to 5 students subject to the limitations in Paragraph (A)(2) of this Section. 6 * * * 7 §1989.2. Definitions 8 As used in this Part, the following words, terms, and phrases shall have the 9 meanings ascribed to them in this Section, following meanings except where unless 10 the context clearly indicates a different meaning otherwise: 11 * * * 12 §1990. Recovery School District; creation; governance; operation 13 * * * 14 B.(1) 15 * * * 16 (b) The expenditure of funds shall be subject to the requirements of the 17 approved Minimum Foundation Program minimum foundation program formula that 18 apply to a city, parish, or other local public school system and shall be subject to 19 audit in the same manner. 20 * * * 21 C.(1)(a) The state shall annually appropriate sufficient monies to fund any 22 school in the school district created in this Part in an amount equal to but not less 23 than the school's student membership count times one hundred percent of the state 24 share per student as provided in the Minimum Foundation Program minimum 25 foundation program approved formula for the city, parish, or other local public 26 school system in which each school placed under the jurisdiction of the district is 27 located as contained in the Minimum Foundation Program minimum foundation 28 program budget letter approved by the State Board of Elementary and Secondary 29 Education. The appropriation shall be made to the administering agency for the Page 27 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 district and may be expended by the agency for the provision of services to students 2 in the district. 3 * * * 4 (2)(a)(i) In addition to the appropriation required in Paragraph (1) of this 5 Subsection, any city, parish, or other local public school board which had jurisdiction 6 of a school prior to its transfer to this district annually shall allocate and transfer to 7 the school district an amount of money equal to the number of students enrolled in 8 such a school times the local per pupil amount received by the school system from 9 all of the following sources as provided in the Minimum Foundation Program 10 minimum foundation program approved formula, excluding any portion which has 11 been specifically dedicated by the legislature or by voter approval to capital outlay 12 or debt service or which was actually expended by the school board for facilities 13 acquisition and construction as reported to the state Department of Education: 14 * * * 15 (ii)(aa) Such allocation and transfer shall be accomplished by a reduction in 16 the amount of state funds otherwise to be allocated to the city, parish, or other local 17 public school system as contained in the Minimum Foundation Program minimum 18 foundation program budget letter approved by the State Board of Elementary and 19 Secondary Education equal to the amount provided in this Paragraph which 20 reduction shall be allocated to the school district. 21 (bb) In the case that there are insufficient funds available to provide the total 22 due the school district under this Paragraph if all state funds are reduced and 23 allocated to the school district, the prior system shall transfer a sufficient amount of 24 money remaining from the sources provided in Item (i) of this Subparagraph to the 25 school district. In the case that the prior system's local revenues are insufficient to 26 allow for the allocation to the school district and to allow the prior system to 27 maintain a minimum balance of ten percent of state Minimum Foundation Program 28 minimum foundation program funding and ten percent of the local revenues listed 29 in Item (i) of this Subparagraph, local revenues otherwise required to be allocated 30 to the school district shall be reduced to an amount necessary to allow the prior Page 28 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 system to maintain such balances. Such maintained minimum balances shall be 2 applied firstly to the prior system's retiree health insurance costs and secondly to the 3 prior system's board administrative costs. 4 * * * 5 §1991. Definitions 6 A. As used in this Part, unless otherwise clearly indicated, the following 7 terms have the following meanings ascribed below unless the context clearly 8 indicates otherwise: 9 * * * 10 §2351. Definitions 11 As used in this Part, the following terms have the following meanings: 12 * * * 13 §2803. Definitions 14 As used in this chapter Chapter, the following terms have the following 15 meanings: 16 (1) "Cooperative" means a corporation organized under this Chapter and a 17 corporation which becomes subject to this Chapter in the manner hereinafter 18 provided in this Chapter. 19 * * * 20 §2925. Individual graduation plans 21 A. 22 * * * 23 (6) Upon completion of the review, the plan shall be signed by the student, 24 his parent or other legal guardian, and the school counselor. 25 * * * 26 §2942. Definitions 27 As used in this Chapter, the following terms have the following meanings: 28 A. (1) "Courses" means one of the following: Page 29 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 (1) (a) Academic courses that the successful completion of which would 2 result in earned credit that may be transferred to a public postsecondary education 3 institution and applied toward an undergraduate degree. 4 (2) (b) Career and technical education courses aligned with the career major 5 option, pursuant to R.S. 17:183.1 et seq., that may be transferred for credit to a 6 public postsecondary education institution and applied toward a credential from such 7 institution. 8 B. (2) "Dual enrollment" means the enrollment of a secondary school student 9 in a postsecondary course for which both secondary school and postsecondary credit 10 may be earned. 11 * * * 12 §2990.2. Definitions 13 As used herein in this Chapter, the following terms shall have the following 14 meanings, unless the context clearly indicates otherwise: 15 (1) "child" "Child", "children", or "student" means any child or children 16 between the ages of six and fifteen whose attendance at a public or private day 17 school is required by Louisiana Revised Statutes R.S. 17:221 who attends a 18 nonpublic school and all such children beyond the age of fifteen up to the age of 19 eighteen actually enrolled in a nonpublic school as defined herein. 20 (2) "parent" "Parent" or "low income parent" means the parent, tutor or other 21 person residing within the state of Louisiana having control or charge of any child 22 herein defined whose total annual income for the previous year did not exceed 23 $7,500.00 or, who meets the requirements of R.S. 17:2990.3(2). 24 (3) "nonpublic "Nonpublic school" means any nonprofit elementary or 25 secondary school within the state of Louisiana or which may hereafter be established 26 within the state of Louisiana, offering education to the children of this state in any 27 grades from grades one through twelve, wherein a pupil may fulfill the requirements 28 of the Compulsory School Attendance Law and is in compliance with the Civil 29 Rights Acts of 1964. Page 30 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 (4) "total "Total annual income" means the total amount actually earned in 2 the tax year as reflected in the federal or state income tax return. If both parents earn 3 income, both shall be considered in determining the total. 4 * * * 5 §3002. Definition of terms Definitions 6 A. The terms "school counselor", "counseling director", and "practice of 7 school counseling" for the purposes of As used in this Chapter, the following terms 8 shall have the meaning respectively ascribed to them in this Section. following 9 meanings: 10 B. (1) "Counseling director" is a member of the school faculty who functions 11 as a school counselor but has the following additional responsibilities in the school 12 system: 13 (1) (a) The director aids teachers by gathering and interpreting facts which 14 will enable the student to take advantage of the educational opportunities available 15 and to maximize personal growth and development. 16 (2) (b) The director fosters a greater understanding between teachers and 17 parents of the emotional, social, and academic problems of the individual student as 18 well as the potentialities and limitations of the student. 19 C.(1) (2)(a) "Practice of school counseling" means the rendering, offering 20 to render, or supervising those who render to individuals or groups of pupils within 21 the elementary, secondary, and postsecondary schools, services involving the 22 application of counseling procedures for learning how to solve problems and make 23 decisions. 24 (2) (b) In the practice of counseling: 25 (a) (i) The counselor serves as an advocate for children within the adult 26 structure of the school and community and has as his or her prime responsibility, 27 services to and for the pupil, and 28 (b) (ii) The counselor does not include among his or her responsibilities the 29 administration of disciplinary action, substitute teaching, or administrative clerical 30 duties. Page 31 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 (3) (c) A school counselor shall devote not less than two-thirds of each 2 academic school year to the practice of school counseling. 3 D. (3) "School counselor" is a member of the school faculty who by training 4 and background is qualified to engage in educational and vocational counseling and 5 advisement. The purpose of a school counselor is to help students to arrive at their 6 full potential through a process involving direct contact between the counselor and 7 a student, parents, teachers, school administrators, and/or or others. 8 * * * 9 §3005. Elementary school counselors; availability; guidelines; requirements; 10 counseling services; work time; exceptions; reporting; funding 11 * * * 12 G. The provisions of this Section shall become effective upon the provision 13 of funds for this purpose in the Minimum Foundation Program minimum foundation 14 program. 15 * * * 16 §3047.6. Coordination with other agencies 17 A.(1) The office of student financial assistance shall establish a working 18 group composed of an appointee from each of the following: 19 * * * 20 (c) The Louisiana state Department of Education. 21 * * * 22 §3047.7. Reporting system; implementation; requirements; applicability; 23 participation by eligible institutions 24 * * * 25 C. The administering agency shall, with the cooperation and assistance of the 26 state's public two-year institutions of postsecondary education institutions and 27 proprietary schools, annually query each first-time award recipient to determine the 28 extent receiving the award influenced the recipient's decision to enroll in 29 postsecondary education. 30 * * * Page 32 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §3050.11. Health Care Employment Reinvestment Opportunity (H.E.R.O.) Fund 2 * * * 3 C.(1) Subject to legislative appropriation and the approval of the Board of 4 Regents, the Louisiana Health Works Commission is hereby authorized and directed 5 to determine how monies in the fund are allocated and expended through a 6 multi-year plan, solely and exclusively for the following purposes and in the 7 following priorities: 8 * * * 9 (b) Support the nursing and allied health professions by providing incentives 10 that financially support student financial stipends and tuition forgiveness contingent 11 upon employment in Louisiana health care healthcare facilities or nursing or allied 12 health schools. 13 (c) Provide incentives for nursing and allied health care healthcare 14 professionals to practice in Louisiana with an emphasis on medically underserved 15 areas of the state. 16 * * * 17 §3052. Definitions 18 As used in this Chapter, The the following terms shall have the following 19 meanings, unless the context clearly indicates otherwise: 20 (2) (1) "Authority" shall mean the Health Education Authority of Louisiana, 21 and when used in connection with action authorized to be taken by the authority, 22 shall mean the authority acting by and through its board of trustees. 23 (3) (2) "Board" shall mean the board of trustees of the Health Education 24 Authority of Louisiana. 25 (5) (3) "Executive director" shall mean the executive director of the Health 26 Education Authority of Louisiana. 27 (6) (4) "Participating institutions" shall mean those institutions which apply 28 to and are designated by the authority, other than primary institutions, and consisting 29 of public or private hospitals and medical or health corporations, or institutions Page 33 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 which deliver medical or health services or provide facilities within the primary 2 service area. 3 (7) (5) "Primary institutions" shall mean University Medical Center at New 4 Orleans, Louisiana State University and Agricultural and Mechanical College, and 5 Tulane University of Louisiana. 6 (8) (6) "Primary service area" means communities in Louisiana where 7 graduate medical education is offered. 8 (9) (7) "Project" shall mean any specific facility, work or improvement 9 undertaken or to be financed by the authority under the provisions of the Act. 10 * * * 11 §3082. Definitions 12 As used in this Chapter, the following terms have the following meanings 13 ascribed in this Section: 14 * * * 15 §3092. Definitions 16 For the purposes of As used in this Chapter, the following words, terms, and 17 phrases shall have the following meanings, unless the context clearly requires 18 indicates otherwise: 19 * * * 20 §3100.2. Definitions 21 For the purposes of As used in this Chapter, the following words, terms, and 22 phrases shall have the following meanings unless the context clearly requires 23 indicates otherwise: 24 * * * 25 §3102. Definitions 26 For the purposes of As used in this Chapter the following definitions shall 27 apply terms have the following meanings: 28 * * * Page 34 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §3129.9. Affordable textbooks and open educational resources 2 A. Definitions. As used in Subsection B of this Section, the following terms 3 have the following meanings: 4 * * * 5 §3140.1. Definitions 6 For the purposes of As used in this Chapter, the following terms have the 7 following meanings: 8 * * * 9 §3162. Statewide Articulation and Transfer Council; creation; purpose; 10 membership; duties and responsibilities 11 * * * 12 C. The council shall, with appropriate faculty consultation: 13 * * * 14 (8) Develop policies to align articulation and transfer policies established by 15 educational education institutions including but not limited to admissions criteria, 16 student counseling, and grade forgiveness. 17 * * * 18 §3165.2. College credit for military service; spouses of veterans 19 * * * 20 B. Each public postsecondary education institution shall assist veterans of 21 the United States Armed Forces and their spouses in pursuing their educational goals 22 by providing expedited transcript analysis, prior learning assessment, portfolio 23 analysis, advising, and testing. Upon the disclosure of military status on the 24 application for enrollment or at the request of an entering student who is a veteran 25 or the spouse of a veteran, each public postsecondary education institution shall 26 evaluate any transcript of prior earned postsecondary academic or workforce credit 27 and accept the transfer of any credit earned from a regionally accredited 28 postsecondary education institution, or military education, training, or experience Page 35 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 provided that the credit aligns with the course and program requirements of the 2 receiving institution. 3 * * * 4 §3202. Definitions 5 Unless the context otherwise clearly indicates, As used in this Chapter, the 6 following words terms shall have the meaning hereinafter ascribed to each following 7 meanings unless the context clearly indicates otherwise: 8 * * * 9 §3394.2. Definitions 10 As used in this Part, the following words and terms shall have the following 11 meanings, unless the context clearly indicates otherwise: 12 * * * 13 §3399.12. Definitions 14 For the purposes of As used in this Part, the following terms and phrases shall 15 have the following meanings unless the context clearly indicates otherwise: 16 * * * 17 §3399.15. Campus security policy 18 A. The Board of Regents shall establish uniform policies and best practices 19 to implement measures to address the reporting of power-based violence on 20 institution campuses, the prevention of such violence, communication between 21 institutions regarding incidents of power-based violence, and the provision of 22 medical and mental health care needed for these alleged victims. 23 * * * 24 §3399.21. Definitions 25 As used in this Part, the following terms shall be defined as follows have the 26 following meanings: 27 * * * Page 36 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §3399.31. Definitions 2 For the purposes of As used in this Part, the following words, terms, and 3 phrases shall have the following meanings, unless the context clearly requires 4 indicates otherwise: 5 * * * 6 §3602. Definitions 7 As used in this Chapter, unless otherwise clearly indicated, these the 8 following terms have the following meanings unless the context clearly indicates 9 otherwise: 10 * * * 11 §3702. Definitions 12 As used in this Chapter, the following terms and phrases shall have the 13 following meaning, meanings unless the context clearly indicates otherwise: 14 * * * 15 §3772. Definitions 16 In As used in this Chapter, these words shall the following terms have the 17 following meanings, unless the context clearly requires indicates otherwise: 18 * * * 19 (2) "Department" means the State state Department of Education. 20 * * * 21 §3801. Louisiana Education Quality Trust Fund, hereinafter referred to in this Part 22 as the "Kevin P. Reilly, Sr. Louisiana Education Quality Trust Fund" 23 * * * 24 D. The monies appropriated by the legislature and disbursed from the 25 Support Fund shall not displace, replace, or supplant appropriations from the general 26 fund for the purposes of implementing the Minimum Foundation Program minimum 27 foundation program or displace, replace, or supplant funding for higher education. 28 For higher education, this Subsection shall mean that no appropriation for any fiscal 29 year from the Support Fund shall be made for any higher education purpose for 30 which a general fund appropriation was made the previous year unless the total Page 37 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 appropriations for that fiscal year from the state general fund for higher education 2 exceed general fund appropriations for higher education for the previous year. This 3 Subsection shall in no way limit general fund appropriations in excess of the 4 minimum amounts herein established. 5 * * * 6 §3822. Definitions 7 As used in this Chapter, the following words and phrases shall terms have the 8 following meanings provided in this Section, unless the context clearly requires 9 indicates otherwise: 10 * * * 11 §3831. Definitions 12 As used in this Chapter, the following words and phrases shall terms have the 13 following meanings provided in this Section, unless the context clearly requires 14 indicates otherwise: 15 * * * 16 §3873. Definitions 17 Unless the context clearly requires otherwise, As used in this Chapter, the 18 following words or phrases shall terms have the following meanings unless the 19 context clearly indicates otherwise: 20 * * * 21 §3882. Definitions. 22 For the purposes of As used in this Part, the following definitions shall apply 23 terms have the following meanings: 24 * * * Page 38 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 §3973. Definitions 2 As used in this Chapter, the following words, terms, and phrases shall have 3 the meanings ascribed to them in this Section except when following meanings 4 unless the context clearly indicates a different meaning otherwise: 5 * * * 6 §4002.3. Definitions 7 As used in this Part, unless otherwise clearly indicated, the following terms 8 mean have the following meanings unless the context clearly indicates otherwise: 9 * * * 10 §4013. Definitions 11 As used in this Part, unless otherwise clearly indicated, the following terms 12 mean have the following meanings unless the context clearly indicates otherwise: 13 * * * 14 §4036.1. Learning pods 15 * * * 16 D. Students assigned to a learning pod shall be: 17 (1) Counted among the enrollment of the public school governing authority 18 for purposes of full funding through the Minimum Foundation Program minimum 19 foundation program formula. 20 * * * 21 §4041. Definitions 22 As used in this Chapter, unless otherwise clearly indicated, the following 23 terms mean have the following meanings unless the context clearly indicates 24 otherwise: 25 * * * Page 39 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 133 ENROLLED 1 Section 2. R.S. 17:7(2)(b) and (32), 7.5(B), 10.7.1(H)(6), 24.4(F)(5), 393, 2 407.23(C)(3), and 1970.24(E)(1)(o)(ii) are hereby repealed in their entirety. 3 Section 3. The provisions of this Act are intended to be technical in nature, and the 4 Louisiana State Law Institute is hereby authorized to update any citation references in Louisiana Law to conform with the changes made by this Act. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 40 of 40 CODING: Words in struck through type are deletions from existing law; words underscored are additions.