RDCSB313 224 4806
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)]
SB 313 Re-Reengrossed 2024 Regular Session Edmonds
LA GATOR Scholarship Program; Creation and Administration
Proposed law creates the La. Giving All True Opportunity to Rise (LA GATOR) Scholarship
Program, a universal education scholarship account (ESA) program for K-12 students and
provides for administration by the state Dept. of Education (DOE) or a program manager
selected by DOE in accordance with State Bd. of Elementary and Secondary Education
(BESE) rules. Allows DOE to enter into any contract for program administration and
management subject to BESE approval and in accordance with present administrative rule
(BESE policy). Requires BESE to submit a copy of the contract timeline and process to
certain legislative committees and the commissioner of administration prior to contract
execution.
Proposed law requires BESE to provide for certain program components by rule, including:
(1)Determining eligibility of students, schools, and service providers.
(2)Financial audits of the program and accounts, including an annual random audit.
(3)DOE's authority to deem students ineligible and to refer cases involving misuse of
account funds to the attorney general for recovery
(4)Establishment of online anonymous fraud reporting service.
(5)Requiring a surety bond or letter of credit for participants that have been operating
for fewer than three years and that will receive more than $100,000 in account funds
in a school year.
(6)Establishment of standardized appeals process for those removed from the program.
(7)A rolling enrollment process to be used if there are insufficient funds to fund all
students whose parents apply for program participation.
Funds
Proposed law requires the department to:
(1)Allocate, from funds appropriated, an amount of funds determined by BESE to each
ESA on a quarterly basis.
(2)Develop a system for parents to direct account funds to participating schools and
service providers by electronic or online funds transfer.
Eligibility; Students
Proposed law provides that a student is initially eligible for an account if his parent submits
an application for an account in accordance with procedures established by the department
and signs an agreement with the department promising all of the following:
(1)To provide an education for the participating student in at least the subjects of
English language arts, mathematics, social studies, and science.
(2)To use account funds only for qualified education expenses of the participating
student.
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(3)To comply with all program requirements.
Proposed law provides for a phased-in expansion of student eligibility over three phases.
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 by BESE and meet any standards established by BESE pertaining to
health, safety, and program of study.
(2)Comply with criteria set forth in federal nondiscrimination requirements.
(3)Any other program requirements set by BESE.
Proposed law authorizes public school governing authorities to accept account funds for
providing services covered as qualified education expenses to a participating student who
is enrolled part-time or who takes individual courses without being enrolled. Prohibits
including such students in its student count for purposes of receiving funding through the
MFP or any other state funding.
Testing
Proposed law requires DOE to develop a process for the annual administration of either of
the following to participating students: any examination in English language arts and math
required pursuant to present law relative to the school and district accountability system at
the prescribed grade level or a nationally norm-referenced test or assessment approved by
BESE. Allows nonpublic schools to select their own assessments. Provides that students
with exceptionalities shall not be required to take assessments from which they would have
been exempt if enrolled in public school. Further requires 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 Senate and
House 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.
Transition from Student Scholarships for Educational Excellence Program
to LA GATOR Scholarship Program
Present law provides for the Student Scholarships for Educational Excellence Program
(SSEEP), through which students attend participating schools through state-funded
scholarships. Proposed law provides for program termination at the end of the 2024-2025
school year and provides for student and school transition from one program to another as
follows:
(1)Schools participating in SSEEP in the 2024-2025 school year may join the LA
GATOR scholarship program for the 2025-2026 school year without a separate
approval or application process; thereafter, the school is subject to LA GATOR
program application requirements.
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(2)The ESA for a student who ends SSEEP participation and begins LA GATOR
participation at the same school shall be funded at the amount of his SSEEP
scholarship until he completes that school's terminal grade or leaves that school,
whichever occurs first.
TOPS
Present law provides for the Taylor Opportunity Program for Students (TOPS) as a merit
scholarship program for students meeting specific initial eligibility requirements, including
the following academic requirements, which vary depending on the award level:
(1) successful completion of a specific high school core curriculum, (2) attainment of a
minimum grade point average on such curriculum, and (3) attainment of a minimum ACT
score.
Present law provides the general eligibility requirement of graduating from a La. public
school or approved nonpublic school and provides alternate eligibility requirements for
students who graduate under different scenarios.
Present law exempts students who complete BESE-approved home study programs from
requirements provided in (1) and (2) above but requires them to score at least two points
higher than the minimum ACT score required by present law to qualify for a TOPS-Tech or
Opportunity Award and one point higher for a Performance or Honors Award.
Proposed law grants students participating in the LA GATOR program who do not graduate
from a La. public school or approved nonpublic school eligibility for a TOPS award under
the same alternate eligibility requirements as provided by present law for students graduating
from approved home study programs. (Proposed law prohibits students from participating
concurrently in the LA GATOR program and an approved home study program.)
School choice survey and report
Proposed law requires DOE to collect data on educational resources receiving state funding
and submit a report to the legislature by Dec. 1, 2024. Provides specific report components.
Effective upon signature of governor or lapse of time for gubernatorial action except for:
(1)The establishment of the LA GATOR program, which shall become effective when
an Act of the legislature containing a specific appropriation of monies for its
implementation becomes effective.
(2)The repeal of the SSEEP provisions, which shall become effective one year from the
effective date of (1) above.
(Amends R.S. 17:236(A) and 4014; Adds R.S. 17:3996(B)(82), 4037.1-4037.12, and
5029(F); Repeals R.S. 17:4011-13 and 4015-4025)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the re-
reengrossed bill:
1. Remove the requirement that the assessment standards that the department adopts
for the LA GATOR program become the state's official accountability system.
2. Add that DOE may enter into a contract for program administration and
management subject to BESE approval and in accordance with BESE policy and
exempt the contract from present law relative to procurement.
3. Specify that the amount of funds allocated to ESA accounts (from funds
appropriated) shall be determined by BESE.
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