RÉSUMÉ DIGEST
ACT 1 (SB 313) 2024 Regular Session Edmonds
New 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 a contract for program administration and
management subject to BESE and the Joint Legislative Committee on the Budget approval
and in accordance with existing administrative rule (BESE policy).
New 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
New law requires the department to:
(1)Allocate an amount of funds determined by BESE to each ESA on a quarterly basis
from funds appropriated by the legislature.
(2)Develop a system for parents to direct account funds to participating schools and
service providers by electronic or online funds transfer.
Eligibility; Students
New 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.
(3)To comply with all program requirements.
New law provides for a phased-in expansion of student eligibility over three phases.
Students with Exceptionalities
New 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 New 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)Prohibit racial discrimination in accordance with federal court jurisprudence.
(3)Any other program requirements set by BESE.
New 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
Minimum Foundation Program (MFP) or any other state funding.
Testing
New 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 existing 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
New 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. The report shall
include all of the following:
(1)The total number of students participating in the program.
(2)A list of all participating schools and service providers.
(3)The total student enrollment of each participating school, the number of participating
students enrolled in each school, and the percentage of the total enrollment of each
school represented by program participants.
(4)Aggregate test result data for participating students.
(5)The percentage of funds used for each type of qualified education expense.
(6)An analysis of the program's fiscal impact.
(7)The amount withheld by the department for administration of the program, including
the amount retained by the department, the amount paid to the program manager for
the administration of the program, and the amount paid to vendors for managing the
payment system.
(8)The amount of program funds received by each participating school and service
provider.
Transition from Student Scholarships for Educational Excellence Program
to LA GATOR Scholarship Program
Existing law provides for the Student Scholarships for Educational Excellence Program
(commonly referred to as the "voucher program"), through which students attend
participating schools through state-funded scholarships. New 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 voucher program 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.
(2)The ESA for a student who ends voucher program participation and begins LA
GATOR participation at the same school shall be funded at the amount of his
voucher scholarship until he completes that school's terminal grade or leaves that
school, whichever occurs first.
TOPS
Existing 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.
Existing 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.
Existing 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.
New 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 existing law for students graduating
from approved home study programs. (New law prohibits students from participating
concurrently in the LA GATOR program and an approved home study program.)
School choice survey and report
New 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 appropriation of monies by the legislature for the implementation of new law
relative to the LA GATOR program.
Effective one year from the effective date of the implementation of new law to repeal the
voucher program provisions.
(Amends R.S. 17:236(A) and 4014; adds R.S. 17:3996(B)(82), 4037.1-4037.12, 5029(F), and
R.S. 39: 1554(T); repeals R.S. 17:4011-13 and 4015-4025)