SSHB194 224 5477
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 194 2022 Regular Session Butler
SCHOOLS/CHOICE: Creates and provides for a program to provide state funding for the
education of students with exceptionalities not enrolled in public school
Synopsis of Senate Amendments
1.Revise initial eligibility criteria for students.
2.Require account allocations to be prorated if students transfer into the program
after the beginning of a school year.
3.Require that students not in compliance with attendance requirements be
reported to the state director of child welfare and attendance.
4.Add sanctions for schools and service providers that fail to meet continuing
eligibility requirements.
5.Add funding information to the information to be included in annual DOE
program reports.
Digest of Bill as Finally Passed by Senate
Education Savings Account (ESA) Program; creation and administration
Proposed law creates the Education Savings Account (ESA) Program and provides for
program administration by the state Dept. of Education (DOE) in accordance with State
Board of Elementary and Secondary Education (BESE) rules which shall, at minimum,
provide for:
(1)Determination of eligibility of students, participating schools, and service providers.
(2)Audits of the program and accounts.
(3)DOE's authority to:
(a)Deem any participating student ineligible for the program and to refer cases
of misuse of account funds to the attorney general for investigation.
(b)Contract with a vendor or provider for the administration of the program or
parts of the program.
(4)A requirement that the program begin enrolling students by the beginning of the
2023-2024 school year.
Funds
Proposed law requires DOE to:
(1)Allocate to each account annually, from funds appropriated or otherwise made
available for the program, an amount equal to the state's base per-pupil allocation as
provided in the minimum foundation program (MFP) formula, plus any applicable
weighted funds based on student characteristics. Authorizes DOE to withhold up to
5% of funds allocated for each account annually for program administration.
Requires that the amount allocated to an account be prorated if a student transfers
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into the program after the beginning of a school year.
(2)Develop a system for parents to direct account funds to participating schools and
service providers by electronic funds transfer, automated clearing house transfer, or
another system.
Proposed law further provides as follows:
(1)Limits authorized use of funds to qualified education expenses.
(2)Unused funds in an account, up to 50% of the total funds deposited into the account
for the current school year, shall remain in the account for the following school year.
(3)The account shall be closed and the funds in the account shall be returned to the state
general fund if a student is no longer eligible, if an account has been inactive for two
consecutive years, or if a parent fails to comply with program requirements.
Eligibility; students
Proposed law provides that a student shall be initially eligible for an account if he is enrolled
in kindergarten or was enrolled in a La. public school during the previous school year and
meets all of the following criteria:
(1)He is a student with an exceptionality as defined in present law – mental disability,
hearing loss (including deafness), multiple disabilities, deaf-blindness, speech or
language impairment, visual impairment (including blindness), emotional
disturbance, orthopedic impairment, other health impairment, specific learning
disability, traumatic brain injury, autism, or is deemed to be gifted or talented, and
as a result requires special education and related services; a student with an
exceptionality may include a student aged three through eight experiencing
developmental delay. Proposed law provides that a student who is solely deemed to
be gifted and talent is not eligible.
(2)The student's parent submits a timely application.
(3)The student's parent signs an agreement promising all of the following:
(a)To provide an education for the participating student in at least the subjects
of English language arts, math, social studies, and science.
(b)Not to enroll the student in a public school while participating in the
program.
(c)To use account funds only for qualified education expenses of the
participating student.
(d)To comply with all program requirements.
Proposed law further provides that a participating student:
(1)Is eligible until he enrolls in a public school; he receives a high school diploma or its
equivalent or reaches the age of 21, whichever occurs first; or his account is closed.
(2)Is prohibited from participating concurrently in the ESA program and any other ESA
program, the Course Choice Program, the Student Scholarships for Educational
Excellence Program, the School Choice Program for Certain Students with
Exceptionalities, or the Tuition Donation Credit Program.
(3)Shall be considered in attendance at a day school for purposes of compulsory
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attendance; proposed law requires parents to ensure students comply with attendance
requirements and requires schools and service providers to report students who fail
to comply to the state director of child welfare and attendance.
Eligibility; schools and service providers
Proposed law provides that a school shall meet all of the following criteria to be eligible to
participate:
(1)Be approved by BESE.
(2)Comply with criteria set forth in federal nondiscrimination requirements.
(3)Any other criteria set by BESE.
Proposed law requires BESE to set eligibility criteria for schools and service providers in a
way that maximizes school and provider participation. Provides that to be eligible to
participate in the program, both schools and service providers shall apply to DOE and, if
determined to be eligible, accept ESA funds for providing services covered as qualified
education expenses.
Proposed law provides for sanctions relative to admitting additional students and
participation in the program if a school or service provider fails to meet continuing eligibility
requirements.
Testing
Proposed law requires:
(1)DOE to develop a process for the annual administration of either of the following to
participating students:
(a)Any examination required pursuant to the school and district accountability
system at the prescribed grade level.
(b)A nationally norm-referenced test or a statewide assessment.
(2)DOE to develop a process for the collection and aggregate reporting of results and
ensure results are provided to parents.
Reporting
Proposed law requires DOE, by April 30th annually, to submit a report to the House and
Senate education committees and the Jt. Legislative Committee on the Budget regarding
program implementation. Provides for required report content, including the results of a
parental satisfaction survey and certain financial information relative to the program.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:236(A); Adds R.S. 17:4037.1-4037.7)
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