HLS 24RS-839 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 550
BY REPRESENTATIVE AMEDEE
STUDENT/HOME STUDY: Terminates approval of home study programs by the State
Board. of Elementary and Secondary Education (BESE), provides for the enrollment
of students in home schools, and provides for one-time notification to BESE upon
such enrollment
1 AN ACT
2To amend and reenact R.S. 17:151.3(D)(3), 221(E)(3), 232(C), 236(A), 236.2(A), 240(D),
3 3991(E)(2), 4002.3(3)(c), and 4036.1(F), to enact R.S.17:236.1(H) and 236.4, and
4 to repeal R.S. 17:170.4(A)(1)(c), 170.5(A)(2), 221(E)(1) and (2), and 351.1(A)(2),
5 relative to home schooling; to provide for the termination of the approval of home
6 study programs by the State Board of Elementary and Secondary Education; to
7 provide relative to the authority of parents of children enrolled in home schools; to
8 require parents to submit a single notification to the state board upon the enrollment
9 of a child in a home school and to specify the contents of the notification; to provide
10 that enrollment in a home school satisfies compulsory attendance requirements; to
11 provide that home school diplomas carry the same weight as diplomas awarded by
12 approved nonpublic schools; to provide for an effective date; and to provide for
13 related matters.
14Be it enacted by the Legislature of Louisiana:
15 Section 1. R.S. 17:151.3(D)(3), 221(E)(3), 232(C), 236(A), 236.2(A), 240(D),
163991(E)(2), 4002.3(3)(c), and 4036.1(F) are hereby amended and reenacted and R.S.
1717:236.1(H) and 236.4 are hereby enacted to read as follows:
18 §151.3. Kindergarten; establishment; entrance age; prerequisites
19 * * *
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HB NO. 550
1 D.
2 * * *
3 (3) Nothing in this Section shall be construed to prohibit a child from being
4 enrolled in and attending kindergarten in a home study program. at a home school
5 as provided in R.S. 17:236.4.
6 * * *
7 §221. School attendance; compulsory ages; duty of parents; excessive absences;
8 condition for driving privileges
9 * * *
10 E.
11 * * *
12 (3) No city, parish, or other local public school system shall be responsible
13 for collecting and maintaining school attendance data for any child who is enrolled
14 in an approved home study program, a home school unless and until the parent
15 subsequently enrolls the child in a public school under the authority of the public
16 school system.
17 * * *
18 §232. Attendance records, principals' and teachers' duty to furnish; penalty for
19 violation; pupil absence upon own authority prohibited; notice
20 * * *
21 C. The provisions of this Section shall not apply to schools which receive no
22 local, state, or federal funds or support, directly or indirectly, and in which neither
23 students nor their parents are recipients or beneficiaries of any local, state, or federal
24 education program or assistance. However, such schools shall be required to report
25 to the state Department of Education their total attendance as of the thirtieth day of
26 their school term or session except for home schools, which shall report relative to
27 attendance as provided in R.S. 17:236.4.
28 * * *
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HB NO. 550
1 §236. Definition of a school
2 A. For the purposes of this Chapter, a school is defined as an institution for
3 the teaching of children, consisting of an adequate physical plant, whether owned or
4 leased, instructional staff members, and students. For such an institution to be
5 classified as a school, within the meaning of this Chapter, instructional staff
6 members shall meet the following requirements: if a public day school or a
7 nonpublic school which receives local, state, or federal funds or support, directly or
8 indirectly, they shall be certified in accordance with rules established by the State
9 Board of Elementary and Secondary Education; if a nonpublic school which receives
10 no local, state, or federal funds or support, directly or indirectly, they shall meet such
11 requirements as may be prescribed by the school or the church. In addition, except
12 as otherwise provided in Subsection B of this Section, any such institution, to be
13 classified as a school, shall operate a minimum session of not less than one hundred
14 eighty days. Solely for purposes of compulsory attendance in a nonpublic school,
15 a child who participates in a home study program approved by the State Board of
16 Elementary and Secondary Education shall be considered in attendance at a day
17 school; a home study program shall be approved if it offers a sustained curriculum
18 of a quality at least equal to that offered by public schools at the same grade level.
19 * * *
20 §236.1. Approval of home study programs; termination
21 * * *
22 H. Notwithstanding any other provision of law to the contrary, the State
23 Board of Elementary and Secondary Education shall terminate its process for
24 approving home study programs on July 1, 2024, after which enrollment in home
25 schools shall be subject to the provisions of R.S. 17:236.4.
26 §236.2. Home study program participants; school students; admission to public
27 schools
28 A. The State Board of Elementary and Secondary Education, hereinafter
29 hereafter in this section referred to as the state board, shall adopt policies, rules, and
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1 regulations establishing procedures to be followed by city and parish public school
2 boards in admitting or readmitting to the public schools any child who, during the
3 preceding school year or any portion thereof immediately preceding his admission
4 or readmission to the public schools, participated in an approved home study
5 program pursuant to the provisions of R.S. 17:236. was enrolled in a home school
6 as provided in R.S. 17:236.4.
7 * * *
8 §236.4. Home schools
9 A. A "home school" is defined as the private instruction of a child directed
10 by the child's parent.
11 B. Within thirty days of enrolling a child in a home school, his parent shall
12 provide a one-time notice to the State Board of Elementary and Secondary
13 Education. The notice shall list the parent's name and address and the number of
14 students being enrolled in the home school.
15 C. A parent who enrolls a child in a home school is solely responsible for:
16 (1) The educational philosophy.
17 (2) The selection of instructional materials, curriculum, and textbooks.
18 (3) The time, place, and method of instruction.
19 (4) The evaluation of the instruction.
20 (5) The student's graduation.
21 (6) The issuance of transcripts and diplomas.
22 D. A home school's not subject to provisions of law applicable to other types
23 of nonpublic schools except as provided by law.
24 E. Enrollment in a home school as provided in this Section satisfies the
25 compulsory attendance requirements provided in R.S. 17:221.
26 F. For purposes of this Section, a "parent" is a parent, legal guardian, or other
27 person residing within the state and having control or charge of any child of school
28 age.
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1 G. Notwithstanding any rule, regulation, or other provision of law to the
2 contrary, a high school diploma awarded by a home school shall be deemed by all
3 public postsecondary education institutions, all state departments, agencies, boards,
4 and commissions, and all other state and local governmental entities to have all of
5 the rights and privileges afforded to a high school diploma awarded by an approved
6 nonpublic school.
7 * * *
8 §240. Prohibition against use of tobacco in schools; prohibition against smoking on
9 school bus; rules and regulations
10 * * *
11 D. Nothing in this Section shall apply to a home study program approved by
12 the State Board of Elementary and Secondary Education in accordance with the
13 provisions of R.S. 17:236.1. school as defined in R.S. 17:236.4.
14 * * *
15 §3991. Charter schools; requirements; limitations; renewal; amendment; revocation;
16 board membership
17 * * *
18 E. A charter school shall not:
19 * * *
20 (2) Result from the conversion of any private school or any home study
21 program, as defined in R.S. 17:236. school as defined in R.S. 17:236.4.
22 * * *
23 §4002.3. Definitions
24 As used in this Part, the following terms have the following meanings unless
25 the context clearly indicates otherwise:
26 * * *
27 (3) "Eligible participating student" means any student who resides in
28 Louisiana and meets one of the following criteria:
29 * * *
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HB NO. 550
1 (c) Is enrolled in a home study program approved by the state board. school
2 as provided in R.S. 17:236.4.
3 * * *
4 §4036.1. Learning pods
5 * * *
6 F. This Chapter does not apply to or have any effect on any learning pod or
7 other group of students that is formed and operated by parents, regardless of whether
8 they are enrolled in a public school or a nonpublic school or participating in a home
9 study program school as provided in R.S. 17:236.4.
10 Section 2. R.S. 17:170.4(A)(1)(c), 170.5(A)(2), 221(E)(1) and (2), and 351.1(A)(2)
11are hereby repealed in their entirety.
12 Section 3. This Act shall become effective on July 1, 2024.
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 550 Original 2024 Regular Session Amedee
Abstract: Terminates approval of home study programs by the State Bd. of Elementary and
Secondary Education and provides for the authority of parents with respect to home
schools.
Present law provides for the approval of home study programs by the State Bd. of
Elementary and Secondary Education (BESE). Proposed law terminates BESE approval of
these programs as of July 1, 2024, and instead provides for students enrolled in home
schools as follows:
(1)Defines home school as the private instruction of a child directed by his parent.
(2)Requires parents, within 30 days of enrollment, to submit a one-time notification to
BESE that includes the parent's name and address and the number of enrolled
students.
(3)Provides that parents are solely responsible for all aspects of the home school's
educational program.
(4)Exempts home schools from present law applicable to nonpublic schools unless
provided otherwise by law.
(5)Provides that enrollment satisfies present law compulsory attendance requirements.
(6)Grants home school diplomas the same weight granted to approved nonpublic school
diplomas.
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HB NO. 550
Proposed law applies present law to home schools instead of approved home study programs
as follows:
(1)That nothing in present law relative to required kindergarten shall be construed to
prohibit children from attending kindergarten at a home school.
(2)The requirement that BESE provide by rule for home school students admitted or
readmitted to public school.
(3)That the prohibition on tobacco in schools does not apply to home schools.
(4)The prohibition against a charter school resulting from the conversion of a home
school.
(5)That home school students are eligible to participate in the Course Choice program.
(6)That present law relative to learning pods does not apply to home schools.
Proposed law repeals the following present law as applicable to students enrolled in
approved home study programs:
(1) The requirement that 11-year-olds and 16-year-olds provide satisfactory evidence of
current immunization against meningococcal disease.
(2)The requirement that DOE provide influenza immunization information to parents.
(3)The requirement that DOE notify local school boards relative to home study
applications.
(4)The requirement that BESE provide by rule for the supply of textbooks to home
study students.
(5)Duplicative compulsory attendance provisions.
Effective July 1, 2024.
(Amends R.S. 17:151.3(D)(3), 221(E)(3), 232(C), 236(A), 236.2(A), 240(D), 3991(E)(2),
4002.3(3)(c), and 4036.1(F); Adds R.S.17:236.1(H) and 236.4; Repeals R.S. 170.4(A)(1)(c),
170.5(A)(2), 221(E)(1) and (2), and 351.1(A)(2))
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