LAC 28:CLIII.1515. Nonpublic Schools Eligibility and Application

A. A nonpublic school applying to participate in the ESA program must meet one of the following: 1. be approved by BESE as an accredited approved school, Louisiana Montessori accredited approved school, or Louisiana Montessori provisionally accredited approved school; 2. provide evidence that it is working toward accreditation and has met all other criteria for approval as a nonpublic school; or 3. be approved as a non-accredited school and receive a successful evaluation of academic and safety criteria according to a process developed by LDOE. B. To be considered for participation in the ESA program, a nonpublic school must complete and submit an online application by the LDOE's annual deadline. 1. Nonpublic schools must agree and attest at a minimum to the following as a condition of the application, and annually if approved as a participating school: a. accept account funds for providing only services covered as approved expenses as detailed in §1511 of this Chapter; b. notify the LDOE within five days if a participating student withdraws or accumulates five or more unexcused absences within one semester; c. remain in compliance with the criteria set forth in Brumfield, et al. v. Dodd, et al. 425 F. Supp.528; d. ensure that all personnel with supervisory or disciplinary authority over participating students have cleared a criminal background check and fingerprinting process pursuant to R.S. 15:587.1 and 15:587.3 and that the school meets deadlines for completion of the background check and fingerprinting by deadlines determined by the LDOE; e. annually report its full-time tuition and fees to the LDOE; f. hold valid occupancy of buildings as required by the relevant municipality in which the nonpublic school is located; g. operate according to its published disciplinary procedures that, at a minimum, outline the terms and conditions regarding the expulsion of a student and conform to the requirements of R.S. 17:416.1 regarding corporal punishment; h. administer student assessments in accordance with §1525 of this Chapter. 2. If a nonpublic school is expected to receive more than $100,000 of account funds in a school year, the nonpublic school must meet at least one of the following additional criteria annually to participate in the program: a. provide evidence that supports the nonpublic school has been in operation for at least three school years; or, b. provide a statement by a certified public accountant confirming that the school is insured and has sufficient capital or credit to operate in the upcoming school year; c. files with the LDOE a surety bond or letter of credit for the amount equal to the account funds needed by the nonpublic school for any school year. C. A nonpublic school may be deemed ineligible to participate in the LA GATOR Program if any of the following conditions occur: 1. failure to comply with the terms of this Section; or 2. failure to adhere to the tenets of its published disciplinary procedures before expelling a participating student; or 3. failure to comply with all applicable state laws and rules governing nonpublic schools and with all applicable health and safety laws and rules; or 4. previous determination of ineligibility for participation in the Louisiana Scholarship Program. D. A participating nonpublic school shall notify the LDOE within thirty days of taking any action rendering the school ineligible to participate in the LA GATOR Program. E. Any nonpublic school participating in the Louisiana Scholarship Program during the 2024-2025 school year, provided that it has not subsequently been found to be ineligible to participate in the Louisiana Scholarship Program, may participate in the LA GATOR Program during the 2025-2026 school year without undergoing a separate application or approval process. Such a nonpublic school opting to participate in the LA GATOR Program will be required to register and attest to program requirements according to the process outlined by the department. 1. For each school year thereafter, such schools shall comply with the LA GATOR Program requirements with respect to the application process. F. Participating nonpublic schools shall not charge an ESA account holder additional tuition or fees that are not also charged to non-participating students. G. An ineligibility determination is subject to appeal pursuant to §1519 of this Chapter. H. A participating school shall not be required to alter its creed, practices, admissions policy, or curriculum to accept payments from an ESA.