LAC 28:CLIII.1506. Phase 2 and Phase 3 Implementation

A. In the initial phase of program implementation, student eligibility shall be determined in accordance with §1505 of this Chapter. Upon legislative appropriation of funds sufficient to provide for program participation of all students eligible according to phase 1 criteria, additional applications shall be accepted from students meeting phase 2 eligibility criteria according to this Section. Should sufficient funds exist after all students eligible according to phase 2 criteria have been granted participation, additional applications shall be accepted from students meeting phase 3 eligibility criteria according to this Section. B. In Phase 2, for a student to be eligible for an ESA, the student must be a resident of Louisiana and meet at least one of the following: a. The student is entering kindergarten. b. The student was enrolled in a public school for the previous school year. c. The student is from a family with a total income at or below four hundred percent of the federal poverty guidelines. C. In Phase 3, for a student to be eligible for an ESA, the student must be a resident of Louisiana. D. To be considered for participation, an applicant must submit an application according to a process and timeline outlined by the LDOE and provide information as required by the LDOE. E. An applicant must attest to and agree with, at a minimum, the following: 1. The applicant has full authority to make this application for the prospective participating student and to attest to and take all of the actions herein listed; 2. The applicant will provide for the education of the participating student in at least the subjects of English language arts (ELA), mathematics, social studies, and science; 3. The applicant will use account funds only for qualified education expenses of the participating student; 4. The applicant will ensure the provision of an education for the participating student that satisfies the compulsory school attendance requirement. Each participating student who fails to comply with the attendance requirements shall be reported to the state director of child welfare and attendance by the participating nonpublic school or service provider and shall be subject to the provisions of R.S. 17:233 which may include referral to juvenile or family court; 5. The applicant agrees that the student will participate in student assessments as required by BESE policy including arranging transportation to and from the testing location; 6. The applicant agrees to comply with the acceptable uses of ESA funds and all responsibilities as the account holder; 7. The applicant agrees to comply with all statutory and regulatory program requirements; 8. The applicant agrees to immediately disenroll from the LA GATOR program upon enrollment in a public school, home study program, Course Choice Program, or School Choice Program for Certain Students with Exceptionalities; 9. The applicant agrees that the student shall not participate concurrently with a home study program approved by BESE or a home study program registered with LDOE as a nonpublic school not seeking state approval, the Course Choice Program, or the School Choice Program for Certain Students with Exceptionalities; 10. The applicant agrees to share the participating student’s personally identifiable, assessment, performance, and attendance information with the LDOE to be used to monitor program effectiveness and for other purposes consistent with state law and policy. F. In Phase 2 implementation, if allocated funds are insufficient to fund all students eligible for LA GATOR Program participation, an award process shall be established by the LDOE as follows: 1. Students shall be prioritized for participation in the following order: a. students currently participating in the Louisiana Scholarship Program or the LA GATOR Program; b. students entering kindergarten; c. students enrolled in a public school for the previous school year; d. students from a family with a total income at or below two hundred fifty percent of the federal poverty guidelines and students identified as having a disability under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1401; e. students from a family with a total income at or below four hundred percent of the federal poverty guidelines; f. siblings of students currently participating in the LA GATOR Program; g. other eligible students. 2. Eligible students for whom funding is not available will be placed on a waiting list according to the prioritization criteria in this Subsection. 3. Students placed on a waiting list will be notified of their status and initial position on the waiting list. G. In Phase 3 implementation, if allocated funds are insufficient to fund all students eligible for LA GATOR Program participation, an award process shall be established by the LDOE as follows: 1. Students shall be prioritized for participation in the following order: a. students currently participating in the Louisiana Scholarship Program or the LA GATOR Program; b. students from a family with a total income at or below two hundred fifty percent of the federal poverty guidelines and students identified as having a disability under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1401; c. students from a family with a total income at or below four hundred percent of the federal poverty guidelines; d. siblings of students currently participating in the LA GATOR Program; e. other eligible students. 2. Eligible students for whom funding is not available will be placed on a waiting list according to the prioritization criteria in this Subsection. 3. Students placed on a waiting list will be notified of their status and initial position on the waiting list.