§4037.7. Student eligibility; initial and continuing

            A.(1) A student is initially eligible for an account if the student meets both of the following requirements:

            (a) The student's parent submits an application for an account in accordance with procedures established by the department.

            (b) The student's parent agrees in writing to all of the following:

            (i) To provide an education for the participating student in at least the subjects of English language arts, mathematics, social studies, and science.

            (ii) To use account funds only for qualified education expenses of the participating student.

            (iii) To comply with all program requirements.

            (2)(a) Initial student eligibility shall be phased in as provided in this Paragraph.

            (b) In the first phase, a student is initially eligible if the student meets the requirements of Paragraph (1) of this Subsection and at least one of the following criteria:

            (i) The student participated in the Student Scholarships for Educational Excellence Program for the previous school year. A student meeting this criterion shall be granted first priority in terms of participation during the first phase of the program.

            (ii) The student is entering kindergarten.

            (iii) The student was enrolled in a public school for the previous school year.

            (iv) The student is from a family with a total income at or below two hundred fifty percent of the federal poverty guidelines.

            (c) In the second phase, a student is initially eligible if the student meets the requirements of Paragraph (1) of this Subsection and at least one of the following criteria:

            (i) The student is entering kindergarten.

            (ii) The student was enrolled in a public school in the previous school year.

            (iii) The student is from a family with a total income at or below four hundred percent of the federal poverty guidelines.

            (d) In the third phase, a student is initially eligible if the student meets the requirements of Paragraph (1) of this Subsection. In this phase, first priority shall be granted to the following groups of students with equal consideration being given to each group:

            (i) A student who meets the criteria provided in R.S. 17:4031(B)(2) for qualification to participate in the School Choice Program for Certain Students with Exceptionalities.

            (ii) A student who is from a family with a total income at or below two hundred fifty percent of the federal poverty guidelines.

            B.(1) The written agreement pursuant to Subparagraph (A)(1)(b) of this Section satisfies the compulsory school attendance requirements of R.S. 17:221. The parent of a participating student shall ensure that the student is complying with the attendance requirements of the participating school or service provider. Each participating student who fails to comply with the attendance requirements shall be reported to the state director of child welfare and attendance by the participating school or service provider and shall be subject to the provisions of R.S. 17:233.

            (2) A participating student is eligible to participate in the program through in-person education, virtual education, or a hybrid approach that combines both methods.

            C. A student shall not participate in this program concurrently with a home study program approved by the state board or a home study program registered with the department as a nonpublic school not seeking state approval, the Course Choice Program, or the School Choice Program for Certain Students with Exceptionalities.

            Acts 2024, No. 1, §1, eff. July 1, 2024.