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 33 Reengrossed 2022 Regular Session DeVillier
Abstract: Creates and provides for the administration of a program to provide state funding for
qualified education expenses for students in grades kindergarten through 12 who are not
enrolled in a public school.
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 for the administration of the program or parts of the program.
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 average per-pupil allocation as provided in the
minimum foundation program (MFP) formula, considering all student characteristics.
(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 eligible to enroll
in kindergarten or was enrolled in a La. public school during the previous school year and meets all
of the following criteria:
(1)He meets at least one of these criteria:
(a)He has a parent or legal guardian who is an active duty military service member.
(b)His parent or legal guardian submitted an enrollment request for a transfer pursuant
to present law (R.S. 17:4035.1) during the most recent transfer request period and the
request was denied.
(c)Pursuant to foster care placement through the Dept. of Children and Family Services,
he is residing with a prospective permanent placement or has achieved permanency
through adoption or permanent guardianship.
(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 his account is closed.
(2)Is prohibited from participating concurrently in the ESA program and 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 attendance.
Students with exceptionalities
Proposed law requires, if a student would have been entitled to special education services in his
resident school system, his parent to acknowledge in writing that he agrees to accept only such
services as are available to all students enrolled in the participating school. Requires participating
schools to meet certain criteria to be eligible to offer such services.
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, provisionally approved, or probationally 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 service providers and 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.
Testing
Proposed law requires:
(1)Participating schools to ensure that participating students are administered a nationally norm-
referenced test or a statewide assessment and that the results of such examinations are
provided to parents.
(2)DOE to develop a process for the annual administration of assessments and the collection of
results for participating students not enrolled full time in a participating school.
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. Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:236(A); Adds R.S. 17:4037.1 - 4037.8)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the original bill:
1. Add that an eligible student shall be considered in attendance at a day school for
purposes of compulsory attendance.
2. Remove requirement that the entity contracted with for program administration be a
nonprofit organization.
3. Change funding amount from the state's per pupil amount allocated to the student's
resident school system to the state's average per-pupil allocation.
4. Delete use of a debit card from list of examples of funds transfer methods.
5. Revise testing requirements.
The Committee Amendments Proposed by House Committee on Appropriations to the engrossed
bill:
1. Remove provision that provided that funds in the account are not taxable income of the
parent.
2. Remove prohibition that account funds not be claimed as a credit, deduction, exemption,
or rebate under present law.