HB 1203 — EDUCATION: Provides relative to parent-driven learning microschools

HLSENROLLED 26RS-2452 ENGROSSED Regular Session HOUSE BILL NO.

1203 BY REPRESENTATIVES EDMONSTON, AMEDEE, BROUSSARD, CARLSON, CARPENTER, CARVER, MARTINEZ, OWEN, TARVER, AND TAYLOR EDUCATION:AN ACT To amend and reenact the Chapter heading of Chapter 43-B of Title 17 of the Louisiana Revised Statutes of 1950 and R.S.

Provides17:4036.1(A) relativeand to(B) parent-drivenand learningto cooperatives AN ACT To enact R.S.

17:236.4,17:236.4 and 407.35(D), relative to associations of parents;

to prohibitprovide restrictingfor theparental usechoice of a home or commercial establishment by parents participating in aeducation; parent-driven learning cooperative under certain circumstances;

to defineprohibit restricting the use of a home or commercial establishment by parents participating in a parent-driven learning cooperative;microschool under certain circumstances;

to define parent-driven learning microschools;

to provide for public school learning pods;

(1) Parent-drivenlearningcooperativesoperateasvoluntaryassociationsParent-drivenlearningmicroschoolsoperateasvoluntaryassociationsofparents ofparents who choose to come together for the purpose of educating their children, and such associations are protected byparental rights and the freedom of association.

(2) The state has a legitimate interest in ensuring that children have access to educationalopportunitieswhilealsorespectingtherightsofparentstoselectandparticipateeducationalopportunities whilealsorespectingtherightsofparentstoselectandparticipate in educational environments that best serve their children.

(3) Parent-driven learning cooperativesmicroschools are intended solely to provide additional educational opportunities and support services for parents who choose educational options for their children that are conducted in nontraditional educational settings.

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HLS 26RS-2452 ENGROSSED HB NO.

1203 SectionENROLLED 2.(5) Article 101 of the Louisiana Children's Code declares that "(t)he people of Louisiana recognize the family as the most fundamental unit of human society;

R.S.that preserving families is essential to a free society;

17:236.4that the relationship between parent and child is herebypreeminent enactedin toestablishing readand asmaintaining follows:the well-being of the child;

that parents have the responsibility for providing the basic necessities of life as well as love and affection to their children;

that parents have the paramount right toraisetheirchildreninaccordancewiththeirownvaluesandtraditions;thatparents shouldmakethedecisionsregardingwhereandwithwhomthechildshallreside,the educational, moral, ethical, and religious training of the child…" Section2.

TheChapterheadingofChapter43-BofTitle17oftheLouisianaRevised Statutesof1950 and R.S.

17:4036.1(A)and(B)areherebyamendedandreenactedandR.S.

17:236.4 and 407.35(D) are herebyenacted to read as follows:

Parent-driven learning cooperativesmicroschools A.A.(1) If a building has met the occupancy requirements as a home, commercialestablishment,orotherclassification of occupancy, then theuse,rental, lease,orotherwiselawfulpossessionofthebuilding,whetherin wholeorin part,by a parent-driven learning microschool shall not alter or change the zoning or occupancy classification of the building or subject the building to any additional building code requirements or fire safetyregulations due to the fact that parents are making use of all or part of the building as a parent-driven learning microschool.

If(2) aNo buildinggovernmental usedagency asshall atake homeanyof or commercial establishment has met the requirementsfollowing foractions occupancyagainst and has received a certificationparent ofwho occupancyparticipates orin ana occupancyparent-driven licenselearning formicroschool the use of the building, the government shall not restrict or denyagainst the use of the building by parents who are participating in a parent-driven learning cooperative.microschool:

B.(a) Restrict or denytheuseofthebuilding byparents or children, regardless of age, for the same or similar purposes as provided in R.S.

As13:5233.1(A)(4), usedregardless inof the day of the week, time, or number of hours of the day, or require compliance with Part X-B of Chapter 1 of this Section,Title "parent-drivenor learningany cooperative"other meansprovision aof deliberatelysmalllearningenvironmentthatmeetsallofthefollowingrequirements:this Title.

(1)(b) ItRequire isthat a nonpublicparent-driven educationallearning associationmicroschool betweenregister parents and tutors or instructorsotherwise thatreport personalizesto theany learninggovernmental experienceagency. for each student.

(2)Page Students2 in multiple grade levels participate for part or all of the4 schoolCODING: week.

(3)Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored Instructionare occursadditions. in a home, communityspace, library, learning center, or other nontraditional educational setting.

C.HB NO.

Nothing1203 inENROLLED thisB. Section shall be construed to modify, supersede, or otherwise affect the laws governing religious educational programs conducted in churches or other religious institutions as provided in R.S.

As used in this Section, the following definitions shall apply:

(1) "Governmental agency" shall have the same meaning as "government" or "governmental agency" as defined in R.S.

13:5234.

(2) "Parent-driven learning microschool" means a voluntary association of parents who choose to group their children together, regardless of age, for educational or instructional activities conducted at mutuallyagreed-upon times and days, and which may include compensated or uncompensated parents, tutors, or instructors,for the purpose ofprovidingapersonalizedlearningexperienceforeach student, and that meets all of the following requirements:

(a) Students in multiple grade levels participate for part or all of the school week, regardless of the time of day or regardless of the week or month of the year.

(b) Instruction occurs in a home, community space, library, learning center, or other nontraditional educational setting.

C.(1) Nothing in this Section shall be construed to modify, supersede, or otherwise affect the laws governing religious educational programs conducted in churches or other religious institutions as provided in R.S.

(2) NothinginthisSubpartshallbeconstruedtosupersede,limit,ordiminish the rights guaranteed under the First Amendment to the Constitution of the United States, Article I, Section 3.8 of the Constitution of Louisiana, or the Preservation of Religious Freedom Act, R.S.

This13:5231 Actet shallseq., becomeall effectiveuponof signaturewhich bytheshall governorprevail or,in if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor,event asof providedany byArticleconflict III,with Sectionany 18provision of thethis ConstitutionSection. of Louisiana.

If* vetoed* bythe* governor§407.35. and subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.