§4037.8. Schools and service providers; eligibility; participation

            A. To be eligible to participate in the program, a school shall meet all of the following criteria:

            (1) It has been approved by the state board pursuant to R.S. 17:10 or 11 and meets any other standards established by the state board pertaining to health, safety, and program of study as required by the state board.

            (2) It is in compliance with the criteria set forth in Brumfield, et al. v. Dodd, et al., 425 F. Supp. 528 (E.D. La. 1977).

            (3) It meets all other program requirements provided in rules promulgated by the state board.

            B. The state board shall provide eligibility criteria for both schools and service providers in program rules in a way that maximizes school and provider participation.

            C. Each public school governing authority may adopt a policy authorizing the acceptance of account funds for providing services covered as qualified education expenses to a participating student who is enrolled part-time in a school under its jurisdiction or who takes individual courses provided by such a school without being enrolled in the school. The governing authority shall not include any such student in its student count for purposes of receiving funding through the minimum foundation program formula or any other state funding.

            D.(1) To be eligible to participate in the program, a nonpublic school or service provider shall apply to participate in the program and, if determined to be eligible, accept account funds for providing services covered as qualified education expenses. A nonpublic school shall annually report its full-time tuition and fees to the department.

            (2) If the department finds that any participating school or service provider has failed to maintain continuing eligibility criteria or has demonstrated gross or a persistent lack of academic competence, the department shall restrict its ability to serve additional students through the program and may terminate its participation in the program. The department shall report any such action to the state board and to parents of participating students as soon as practicable. Additionally, the state superintendent of education may declare a school or service provider immediately ineligible to participate in cases of financial malfeasance or if its participation endangers the academic welfare, health, or safety of children.

            (3) A school deemed ineligible to participate in the Student Scholarships for Educational Excellence Program or a charter school not approved for charter renewal by the authorizer is not eligible to participate in the program.

            (4)(a) Nothing in this Chapter shall be deemed to limit the independence or autonomy of any participating nonpublic school or service provider or to make the actions of a nonpublic school or service provider the actions of the state government.

            (b) Participating nonpublic schools and service providers shall be given maximum freedom to provide for the educational needs of participating students without governmental control.

            (c) Nothing in this Chapter shall be construed to expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of participating nonpublic schools or service providers beyond those necessary to enforce the requirements of the program.

            (d) A participating nonpublic school or service provider that accepts funds pursuant to this Chapter is not an agent of the state or federal government.

            (e) No participating nonpublic school or service provider shall be required to alter its creed, practices, admissions policy, or curricula in order to accept account funds.

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