exceptionalities; pilot program; establishment; purpose; student eligibility; nonpublic school eligibility; administration; implementation; reporting
A. The purpose of the pilot program established in this Section is to provide certain students with exceptionalities the opportunity to attend schools of their parents’ choosing that provide educational services that specifically address the needs of such students.
B.(1) The School Choice Pilot Program for Certain Students with Exceptionalities, hereinafter referred to as the “program”, is hereby established as a two-year pilot program in each parish having a population in excess of one hundred ninety thousand persons according to the most recent federal decennial census. The program shall be implemented beginning with the 2011-2012 school year.
(2) Any student who meets all of the following criteria is an eligible student:
(a) The student has been evaluated by a local education agency as defined in R.S. 17:1942, is determined to be in need of services for autism, a mental disability, emotional disturbance, developmental delay, other health impairment,
specific learning disability, or traumatic brain injury, and has an Individual Education Plan or a services plan in accordance with Title 34 of the Code of Federal Regulations Part 300.37.
(b) The student is residing within a pilot program parish.
(c) The student is eligible to attend public school and is entering kindergarten or grades one through eight.
(d) The student is not deemed to be gifted or talented.
C.(1) The state Department of Education, hereafter in this Part referred to as the “department”, shall administer and provide for implementation of the program pursuant to rules and regulations developed and adopted for such purpose by the State Board of Elementary and Secondary Education in accordance with the Administrative Procedure Act. Such rules and regulations shall include procedures and guidelines permitting a parent or guardian of an eligible student who chooses to enroll the student in an eligible nonpublic school as provided in Subsection D of this Section to apply for an educational certificate, which is to be applied to the cost of educational services offered by the school and which is redeemable by the school from the department upon verification from the school that the student is enrolled in the school. The value of each certificate shall be determined by the department; the value shall be equivalent to fifty percent of the per pupil allocation of state funds to the city, parish, or other local public school district in which the eligible student is residing for that school year but shall not exceed the amount of tuition charged by the eligible nonpublic school. The funds to be paid for a certificate shall be divided into four equal payments to be made to each participating school in September, November, February, and May of each school year. Payments shall be based on per pupil count dates as determined by the department.
(2) Any cost of educational services above the amount of the certificate issued to the parent or guardian shall not be paid by the state.
D.(1) To be eligible to participate in the program and accept eligible students for enrollment in the program, a nonpublic school shall meet all of the following criteria:
(a) Be approved by the State Board of Elementary and Secondary Education pursuant to R.S. 17:11 and have been so approved for the school year prior to the school’s participation in the program.
(b) Comply with the criteria set forth in Brumfield, et al. v. Dodd, et al. 425 F. Supp. 528.
(c) Has existed and provided educational services to students with exceptionalities as defined in R.S. 17:1942, excluding students deemed to be gifted or talented, for at least two years prior to participation in the program and such provision of services shall be pursuant to an established program in place at the school that includes instruction by teachers holding appropriate certification in special education or other appropriate education or training as defined by the department and that is in accordance with a student’s Individual Education Plan and rules and regulations developed as required in this Section.
(2) In accordance with time lines as determined by the department, each eligible nonpublic school choosing to participate in the program shall inform the department of the types of student exceptionalities as defined in R.S. 17:1942 that the school is willing to serve. Each school may determine the number of eligible students it will accept in any year of program participation and may establish criteria for enrollment of students. Each school shall have discretion in enrolling eligible students for participation in the program and no school shall be required to accept any eligible student.
(3) No eligible nonpublic school shall require any student seeking to enroll and participate in the program to take an entrance examination.
(4) Prior to enrollment, each eligible nonpublic school shall inform the parent or guardian of an eligible student of all rules, policies, and procedures of such school including but not limited to academic policies and disciplinary policies and procedures. Enrollment of an eligible student in the school shall constitute acceptance of such rules, policies, and procedures by the parent or guardian individually and on behalf of the eligible student. An eligible student may be expelled from the school in accordance with the school’s discipline policies or may be disqualified from enrollment if the student is no longer eligible for the program as determined by the department.
(5) Enrollment of eligible students shall be completed not later than April thirtieth of the school year prior to the year of participation by the school, and the school shall submit a list of all eligible students enrolled in the school to the department not later than June first of such year.
E. The department shall submit a report to the House Committee on Education and the Senate Committee on Education not later than August 1, 2012, on the implementation of the program. The report shall include but shall not be limited to the number of eligible students participating in the program, the name of each participating nonpublic school, the number of eligible students each such school enrolled for participation in the program, and the department’s recommendations as to whether the pilot program should continue on a pilot basis or be implemented statewide after the initial two-year pilot has ended.
Section 2. The Louisiana State Law Institute is authorized and directed to designate R.S. 17:4011 through 4025 as Part I of Chapter 43 of Title 17 of the Louisiana Revised Statutes of 1950, to be entitled “Student Scholarships for Educational Excellence Program”. The Louisiana State Law Institute is further authorized and directed to change the title of Chapter 43 to “School Choice Scholarships”.
Approved by the Governor, June 24, 2010. A true copy: Jay Dardenne Secretary of State - - - - ACT No. 516 - - -
HOUSE BILL NO. 290
BY REPRESENTATIVES TALBOT, ANDERS, ARNOLD, AUSTIN BADON, BOBBY BADON, BALDONE, BARRAS, BILLIOT, BROSSETT, BURFORD, HENRY BURNS, TIM BURNS,
CARMODY, CHAMPAGNE, CHANDLER,
CHANEY, CONNICK, CROMER, DANAHAY, DOERGE, DOVE, DOWNS, FANNIN, GISCLAIR, GREENE, GUILLORY, GUINN, HARDY, HARRISON, HAZEL, HENDERSON, HENRY, HILL, HINES, HOFFMANN, HOWARD, HUTTER, JOHNSON, KATZ, LABRUZZO, LAFONTA, LAMBERT, LEGER, LIGI, LITTLE, LORUSSO, MILLS, MONICA, NORTON, NOWLIN, PEARSON, PUGH, RICHARD, RICHARDSON, ROBIDEAUX, SCHRODER, SIMON, SMILEY, GARY SMITH, JANE SMITH, ST. GERMAIN, TEMPLET, THIBAUT, THIERRY, TUCKER, WHITE, WILLIAMS, AND WILLMOTT AND SENATORS ALARIO, AMEDEE, APPEL, BROOME, CROWE, DUPLESSIS, HEITMEIER, KOSTELKA, LONG, MARTINY, MICHOT, MOUNT, SHAW, AND THOMPSON
AN ACT
To amend and reenact R.S. 14:81.1(A), (B), (C), and (E) and to enact R.S. 14:81.1(H), relative to the crime of pornography involving juveniles; to provide for the elements of the crime; to provide for definitions; to provide for criminal penalties; to provide for exceptions; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 14:81.1(A), (B), (C), and (E) are hereby amended and reenacted and R.S. 14:81.1(H) is hereby enacted to read as follows:
§81.1. Pornography involving juveniles
A.(1) Pornography involving juveniles is any of the following: It shall be unlawful for a person to produce, distribute, possess, or possess with the intent to distribute pornography involving juveniles.
(1) The photographing, videotaping, filming, or otherwise reproducing visually of any sexual performance involving a child under the age of seventeen.
(2) The solicitation, promotion, or coercion of any child under the age of seventeen for the purpose of photographing, videotaping, filming, or otherwise reproducing visually any sexual performance involving a child under the age of seventeen.
(3) The intentional possession, sale, distribution, or possession with intent to sell or distribute of any photographs, films, videotapes, or other visual reproductions of any sexual performance involving a child under the age of seventeen.
(4)(2) It shall also be a violation of the provision of this Section for The consent of a parent, legal guardian, or custodian of a child under the age of seventeen to consent to the participation of the child in pornography involving juveniles for the purpose of photographing, videotaping, filming, or otherwise reproducing visually any sexual performance involving the child.
B. For purposes of this Section, the following definitions shall apply:
(1) “Access software provider” means a provider of software, including client or server software, or enabling tools that do any one or more of the following:
(a) Filter, screen, allow, or disallow content. (b) Select, choose, analyze, or digest content. (c) Transmit, receive, display, forward, cache, search, organize, reorganize, or translate content.
(2) “Cable operator” means any person or group of persons who provides cable service over a cable system and directly, or through one or more affiliates, owns a significant interest in such cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(3) “Distribute” means to issue, sell, give, provide, lend, mail, deliver, transfer, transmute, distribute, circulate, or disseminate by any means.
(4) “Interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
(5) “Pornography involving juveniles” is any photograph, videotape, film, or other reproduction, whether electronic or otherwise, of any sexual performance involving a child under the age of seventeen.
(6) “Produce” means to photograph, videotape, film, or otherwise reproduce pornography involving juveniles, or to solicit, promote, or coerce any child for the purpose of pornography involving juveniles.
(1)(7) “Sexual performance” means any performance or part thereof that includes sexual conduct involving a child under the age of seventeen actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals or anus.
(8) “Telecommunications service” means the offering of telecommunications for a fee directly to the public, regardless of the facilities used.
(2) “Performance” means any play, motion picture, photograph, dance, or other visual presentation.
(3) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse,
sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals.
(4) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, prevent, exhibit, or advertise, or to offer or agree to do the same.
C.(1) Possession of three or more of the same photographs, images, films, videotapes, or other visual reproductions shall be prima facie evidence of intent to sell or distribute.
(2) Possession of three or more photographs, images, films, videotapes, or other visual reproductions and possession of any type of file sharing technology or software shall be prima facie evidence of intent to sell or distribute.
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E.(1) Whoever commits the crime of intentionally possesses pornography involving juveniles shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than two years or more than ten years, without benefit of parole, probation, or suspension of sentence.
(2) Whoever distributes or possesses with the intent to distribute pornography involving juveniles shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than five years or more than ten years, without benefit of parole, probation, or suspension of sentence.
(3) Any parent, legal guardian, or custodian of a child who consents to the participation of the child in pornography involving juveniles shall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of probation, parole, or suspension of sentence.
(4) Whoever engages in the production of pornography involving juveniles shall be fined not more than fifteen thousand dollars and be imprisoned at hard labor for not less than ten years or more than twenty years, without benefit of probation, parole, or suspension of sentence.
(2)(5)(a) Whoever commits the crime of pornography involving juveniles by violating the provisions of Paragraph (A)(2) punishable by the provisions of Paragraphs (1), (2), or (3) of this Section Subsection on a when the victim is under the age of thirteen years when and the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years one-half the longest term nor more than twice the longest term of imprisonment provided in Paragraphs (1), (2), and (3) of this Subsection. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. The sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
(b) Whoever commits the crime of pornography involving juveniles punishable by the provisions of Paragraph (4) of this Subsection when the victim is under the age of thirteen years, and the offender is seventeen years of age or older, shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
(3)(c) Upon completion of the term of imprisonment imposed in accordance with Paragraph (2) Subparagraphs (5)(a) and (5)(b) of this Subsection, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.
(4)(d) Unless it is determined by the Department of Public Safety and Corrections, pursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual offender is unable to pay all or any portion of such costs, each sexual offender to be electronically monitored shall pay the cost of such monitoring.
(5)(e) The costs attributable to the electronic monitoring of an offender who has been determined unable to pay shall be borne by the department if, and only to the degree that sufficient funds are made available for such purpose whether by appropriation of state funds or from any other source.
(6)(f) The Department of Public Safety and Corrections shall develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act, that provide for the payment of such costs. Such rules shall contain specific guidelines which shall be used to determine the ability of the offender to pay the required costs and shall establish the reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that an offender who is able to pay a portion, but not all, of such costs may be required to pay such portion.
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H. The provisions of this Section shall not apply to a provider of an interactive computer service, provider of a telecommunications service, or a cable operator as defined by the provisions of this Section.
Approved by the Governor, June 24, 2010. A true copy: Jay Dardenne Secretary of State - - - - ACT No. 517 - - -
HOUSE BILL NO. 291
BY REPRESENTATIVES WOOTON, ANDERS, ARNOLD, BOBBY BADON, BALDONE, BARRAS, BILLIOT, BROSSETT, BURFORD, HENRY BURNS, TIM BURNS, CHAMPAGNE, CHANEY, CONNICK, CROMER, DOERGE, DOVE, HARDY, HENDERSON, HENRY, HINES, HOFFMANN, HUTTER, JOHNSON, LABRUZZO, LAMBERT, LEGER, LIGI, LORUSSO, MILLS, MONICA, NOWLIN, PEARSON, PUGH, RICHARD, ROBIDEAUX, SCHRODER, SIMON, SMILEY, JANE SMITH, ST. GERMAIN, TALBOT, TEMPLET, THIBAUT, THIERRY, WHITE, AND WILLIAMS AND SENATORS ALARIO, AMEDEE, APPEL, BROOME, CROWE, DUPLESSIS, HEITMEIER, KOSTELKA, LONG, MARTINY, MICHOT, MOUNT, SHAW, AND THOMPSON
AN ACT
To enact R.S. 14:81.3(B)(1)(d), relative to computer- aided solicitation of a minor; to provide for increased penalties for computer-aided solicitation of a minor which results in sexual conduct between the offender and the victim; and to provide for related matters.
Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:81.3(B)(1)(d) is hereby enacted to read as follows:
§81.3. Computer-aided solicitation of a minor * * *
B.(1)
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(d) If the computer-aided solicitation results in actual sexual conduct between the offender and victim and the difference between the age of the victim and the age of the offender is five years or greater, the offender shall be fined not more than ten thousand dollars and shall be imprisoned, with or without hard labor, for not less than seven years nor more than ten years.
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Approved by the Governor, June 24, 2010. A true copy: Jay Dardenne Secretary of State - - - - ACT No. 518 - - -
HOUSE BILL NO. 314 BY REPRESENTATIVE CARMODY
AN ACT
To amend and reenact R.S. 14:90(C) and 90.3(F) and to repeal R.S. 14:90(D) and (E), relative to
gambling; to provide technical corrections for certain exceptions to the crimes of gambling and gambling by computer; and to provide for related matters.
Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:90(C) and 90.3(F) are hereby amended and reenacted to read as follows:
§90. Gambling
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C. The conducting or assisting in the conducting of authorized lottery activities or operations in accordance with provisions of R.S. 47:9000 through 9081 shall not be considered gambling for purposes of this Section.
D. The intentional conducting or assisting in the conducting of gaming activities or operations upon a riverboat as defined and authorized in R.S. 4:501 through R.S. 4:562, whereby a person risks the loss of anything of value in order to realize a profit at the official gaming establishment, by operating an electronic video draw poker device, by a charitable gaming licensee, or at a pari- mutuel wagering facility, conducting slot machine gaming at an eligible horse racing facility, or the operation of a state lottery which is licensed for operation and regulated under the provisions of Chapters 4 and 11 of Title 4, Chapters 4, 5, 6, and 7 of Title 27, or Subtitle XI of Title 47 of the Louisiana Revised Statutes of 1950, is not gambling and shall not be suppressed by any state or local law enforcement officer for the purposes of this Section, so long as the wagering is done on the premises of the licensed establishment.
* * * §90.3. Gambling by computer
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F. The conducting or assisting in the conducting of gaming activities or operations upon a riverboat, at the official gaming establishment, by operating an electronic video draw poker device, by a charitable gaming licensee, or at a pari- mutuel wagering facility, conducting slot machine gaming at an eligible horse racing facility, or the operation of a state lottery which is licensed for operation and regulated under the provisions of Chapter 4 Chapters 4 and 11 of Title 4, Chapters 4, 5, and 6, and 7 of Title 27, or Part V-A of Chapter 14