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ACT No. 8852026 Regular Session
HOUSE BILL NO. 1203
BY REPRESENTATIVES EDMONSTON, AMEDEE, BROUSSARD, CARLSON,
CARPENTER, CARVER, MARTINEZ, OWEN, TARVER, AND TAYLOR
1 AN ACT
2 To amend and reenact the Chapter heading of Chapter 43-B of Title 17 of the Louisiana
3 Revised Statutes of 1950 and R.S. 17:4036.1(A) and (B) and to enact R.S. 17:236.4
4 and 407.35(D), relative to associations of parents; to provide for parental choice in
5 education; to prohibit restricting the use of a home or commercial establishment by
6 parents participating in a parent-driven learning microschool under certain
7 circumstances; to define parent-driven learning microschools; to provide for public
8 school learning pods; to provide for legislative findings; to provide for an effective
9 date; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. The legislature finds all of the following:
12 (1) Parent-driven learning microschools operate as voluntary associations of parents
13 who choose to come together for the purpose of educating their children, and such
14 associations are protected by parental rights and the freedom of association.
15 (2) The state has a legitimate interest in ensuring that children have access to
16 educational opportunities while also respecting the rights of parents to select and participate
17 in educational environments that best serve their children.
18 (3) Parent-driven learning microschools are intended solely to provide additional
19 educational opportunities and support services for parents who choose educational options
20 for their children that are conducted in nontraditional educational settings.
21 (4) The purpose of this Act is to protect the freedom of parents to form and
22 participate in associations that educate their children and ensure that state law does not
23 unduly restrict parental choice in education.
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1 (5) Article 101 of the Louisiana Children's Code declares that "(t)he people
2 of Louisiana recognize the family as the most fundamental unit of human society;
3 that preserving families is essential to a free society; that the relationship between
4 parent and child is preeminent in establishing and maintaining the well-being of the
5 child; that parents have the responsibility for providing the basic necessities of life
6 as well as love and affection to their children; that parents have the paramount right
7 to raise their children in accordance with their own values and traditions; that parents
8 should make the decisions regarding where and with whom the child shall reside, the
9 educational, moral, ethical, and religious training of the child…"
10 Section 2. The Chapter heading of Chapter 43-B of Title 17 of the Louisiana Revised
11 Statutes of 1950 and R.S. 17:4036.1(A) and (B) are hereby amended and reenacted and R.S.
12 17:236.4 and 407.35(D) are hereby enacted to read as follows:
13 §236.4. Parent-driven learning microschools
14 A.(1) If a building has met the occupancy requirements as a home,
15 commercial establishment, or other classification of occupancy, then the use, rental,
16 lease, or otherwise lawful possession of the building, whether in whole or in part, by
17 a parent-driven learning microschool shall not alter or change the zoning or
18 occupancy classification of the building or subject the building to any additional
19 building code requirements or fire safety regulations due to the fact that parents are
20 making use of all or part of the building as a parent-driven learning microschool.
21 (2) No governmental agency shall take any of the following actions against
22 a parent who participates in a parent-driven learning microschool or against the
23 parent-driven learning microschool:
24 (a) Restrict or deny the use of the building by parents or children, regardless
25 of age, for the same or similar purposes as provided in R.S. 13:5233.1(A)(4),
26 regardless of the day of the week, time, or number of hours of the day, or require
27 compliance with Part X-B of Chapter 1 of this Title or any other provision of this
28 Title.
29 (b) Require that a parent-driven learning microschool register or otherwise
30 report to any governmental agency.
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1 B. As used in this Section, the following definitions shall apply:
2 (1) "Governmental agency" shall have the same meaning as "government"
3 or "governmental agency" as defined in R.S. 13:5234.
4 (2) "Parent-driven learning microschool" means a voluntary association of
5 parents who choose to group their children together, regardless of age, for
6 educational or instructional activities conducted at mutually agreed-upon times and
7 days, and which may include compensated or uncompensated parents, tutors, or
8 instructors, for the purpose of providing a personalized learning experience for each
9 student, and that meets all of the following requirements:
10 (a) Students in multiple grade levels participate for part or all of the school
11 week, regardless of the time of day or regardless of the week or month of the year.
12 (b) Instruction occurs in a home, community space, library, learning center,
13 or other nontraditional educational setting.
14 C.(1) Nothing in this Section shall be construed to modify, supersede, or
15 otherwise affect the laws governing religious educational programs conducted in
16 churches or other religious institutions as provided in R.S. 13:5233.1.
17 (2) Nothing in this Subpart shall be construed to supersede, limit, or diminish
18 the rights guaranteed under the First Amendment to the Constitution of the United
19 States, Article I, Section 8 of the Constitution of Louisiana, or the Preservation of
20 Religious Freedom Act, R.S. 13:5231 et seq., all of which shall prevail in the event
21 of any conflict with any provision of this Section.
22 * * *
23 §407.35. Exemptions from licensure requirements
24 * * *
25 D. Nothing in this Part shall apply to a parent-driven learning microschool,
26 as provided in R.S. 17:236.4, or a religious education activity, as provided in R.S.
27 13:5233.1.
28 * * *
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1 CHAPTER 43-B. PUBLIC SCHOOL LEARNING PODS
2 §4036.1. Learning Public school learning pods
3 A.(1) Each public school governing authority may establish public school
4 learning pods as an extension of any school under its jurisdiction.
5 (2) For purposes of this Chapter, "public school learning pod" means a group
6 of at least ten students enrolled in the school who receive instruction in a small group
7 setting.
8 B. A student shall be assigned to a public school learning pod only if the
9 assignment is requested by his parent or authorized by his parent upon the
10 recommendation of school officials.
11 * * *
12 Section 3. The Louisiana State Law Institute is hereby directed, pursuant to its
13 statutory authority, to make any technical changes necessary to change all references in R.S.
14 17:4036.1 from "learning pods" to "public school learning pods" and to redesignate and
15 reletter the Subsections in R.S. 17:4036.1in order to conform the terminology and lettering
16 of the provisions of this Act.
17 Section 4. This Act shall become effective upon signature by the governor or, if not
18 signed by the governor, upon expiration of the time for bills to become law without signature
19 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
20 vetoed by the governor and subsequently approved by the legislature, this Act shall become
21 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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