Amendment vs bill Senate Committee Amendment, #4284, EDUC, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SCAHB1203 428 4284 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed by Senate Committee on Education to Engrossed House Bill No.
1203 BY REPRESENTATIVES EDMONSTON, AMEDEE, BROUSSARD, CARLSON, CARPENTER, CARVER, MARTINEZ, OWEN, TARVER, AND TAYLOR 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.
by Representative Edmonston AMENDMENT NO.
17:4036.1(A) and (B) and to enact R.S.
1 On page 2, between lines 15 and 16, insert the following:
17:236.4 and 407.35(D), relative to associations of parents;
"C.
to provide for parental choice in education;
Anytutororinstructorwhoprovideseducationalorinstructionalservices to a minor child pursuant to this Section, and for whom a parent or legal guardian is not physicallypresent onsite duringthe provision of such services,shall be required to undergo a criminal background check in accordance with the provisions of R.S.
to prohibit restricting the use of a home or commercial establishment by parents participating in a parent-driven learning microschool under certain circumstances;
15:587.1 and R.S.
to define parent-driven learning microschools;
15:587.7 prior to providing such services." AMENDMENT NO.
to provide for public school learning pods;
2 On page 2, line 16, change "C." to "D." Page 1 of 1
to provide for legislative findings;
to provide for an effective date;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
The legislature finds all of the following:
(1) Parent-drivenlearningmicroschoolsoperateasvoluntaryassociationsofparents 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 educationalopportunities whilealsorespectingtherightsofparentstoselectandparticipate in educational environments that best serve their children.
(3) Parent-driven learning microschools 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.
(4) The purpose of this Act is to protect the freedom of parents to form and participate in associations that educate their children and ensure that state law does not unduly restrict parental choice in education.
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HB NO.
1203 ENROLLED (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;
that preserving families is essential to a free society;
that the relationship between parent and child is preeminent in establishing and maintaining 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:
§236.4.
Parent-driven learning microschools 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.
(2) No governmental agency shall take anyof the following actions against a parent who participates in a parent-driven learning microschool or against the parent-driven learning microschool:
(a) Restrict or denytheuseofthebuilding byparents or children, regardless of age, for the same or similar purposes as provided in R.S.
13:5233.1(A)(4), regardless of 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 Title or any other provision of this Title.
(b) Require that a parent-driven learning microschool register or otherwise report to any governmental agency.
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HB NO.
1203 ENROLLED B.
As used in this Section, the following definitions shall apply:
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(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.
13:5233.1.
(2) NothinginthisSubpartshallbeconstruedtosupersede,limit,ordiminish the rights guaranteed under the First Amendment to the Constitution of the United States, Article I, Section 8 of the Constitution of Louisiana, or the Preservation of Religious Freedom Act, R.S.
13:5231 et seq., all of which shall prevail in the event of any conflict with any provision of this Section.
* * * §407.35.
Exemptions from licensure requirements * * * D.
Nothing in this Part shall applyto a parent-driven learning microschool, as provided in R.S.
17:236.4, or a religious education activity, as provided in R.S.
13:5233.1.
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HB NO.
1203 ENROLLED CHAPTER 43-B.
PUBLIC SCHOOL LEARNING PODS §4036.1.
Learning Public school learning pods A.(1) Each public school governing authority may establish public school learning pods as an extension of any school under its jurisdiction.
(2) ForpurposesofthisChapter,"publicschoollearningpod"meansagroup ofatleasttenstudentsenrolledintheschoolwhoreceiveinstructioninasmallgroup setting.
B.
A student shall be assigned to a public school learning pod only if the assignment is requested by his parent or authorized by his parent upon the recommendation of school officials.
* * * Section 3.
The Louisiana State Law Institute is hereby directed, pursuant to its statutoryauthority,tomakeanytechnicalchanges necessaryto changeallreferencesinR.S.
17:4036.1 from "learning pods" to "public school learning pods" and to redesignate and reletter the Subsections in R.S.
17:4036.1in order to conform the terminologyand lettering of the provisions of this Act.
Section 4.
This Act shall become effectiveupon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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