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 452 Reengrossed 2022 Regular Session Freiberg
Abstract: Creates and provides for the administration of a program for the purpose of providing
state funding for qualified education expenses for certain students who have been victims of
bullying and who are not enrolled in a public school.
Bullying
Present law provides specific protocols for reporting and investigating incidents of bullying in public
schools. Grants a parent the option to have a student moved to another school if there have been at
least four reports of separate instances of bullying and no investigation has occurred. Proposed law
broadens the terms under which parents are granted this option as follows:
(1)Lowers the threshold from four reports of bullying to two reports of bullying.
(2)For a student who has been the victim of bullying in which the bullying is sexual in nature
and involves sexual assault and the perpetrator attends the victim's school, lowers the
threshold from four reports of bullying to one incident of sexual assault.
(3)Provides that the lack of an acceptable resolution is a trigger for this option in addition to the
lack of an investigation.
Proposed law, under the conditions provided in (1) through (3) above, provides the additional option
of applying for an education savings account as provided in proposed law below.
Education Savings Account (ESA) Program; creation and administration
Proposed law creates the Education Savings Account (ESA) Program for certain students who have
been victims of bullying 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 participating 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 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 authorizes DOE to withhold up to 5% of funds allocated for each account annually for
program administration.
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)The student has been the victim of bullying, at least two separate reports have been made of
separate instances of bullying, and either there has been no investigation or no resolution
acceptable to the parents has been reached.
(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 in a way that maximizes
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. Testing
Proposed law requires the department to develop a process for the annual administration of either
of the following assessments to participating students:
(1)Any examinations required pursuant to the school and district accountability system at the
prescribed grade level.
(2)A nationally norm-referenced test or statewide assessment.
Also requires the department to develop a process for the collection and aggregate reporting of
results and to ensure that the results of such assessments are provided to parents of participating
students.
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. Specifies content for report, including the results of a parental satisfaction survey.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:236(A) and 416.13(D)(3)(f)(i) and (v); 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. Expand options for bullied students in instances involving sexual assault.
3. Remove requirement that the entity contracted with for program administration be a
nonprofit organization.
4. Add that BESE rules shall include a requirement that the program begin enrolling
students by the beginning of the 2023-2024 school year.
5. 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.
6. Add that DOE may withhold funds allocated for program administration.
7. Delete use of a debit card from list of examples of funds transfer methods. 8. Relative to eligibility criteria for service providers, requires BESE to set these in a way
that maximizes provider participation.
9. Add results of parental satisfaction survey to content required in annual DOE report.
The Committee Amendments Proposed by House Committee on Appropriations to the engrossed
bill:
1. Remove provision that specifies 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.