LAC 28:CLIII.1517. Service Providers Eligibility and Application

A. A service provider must complete and submit an online application by the deadline set by the LDOE to be considered for participation in the ESA program. B. Each public school governing authority may adopt a policy allowing it to become a service provider and accept account funds for providing services enumerated in §1511 of this Chapter to a participating student who may receive services in a school under its jurisdiction or who may take individual courses provided by such a school without being enrolled in the school. C. A charter school not approved for charter renewal by the authorizer will not be eligible to participate in the LA GATOR Program as a service provider beginning with the following school year. D. Service providers must attest, at a minimum, to accept account funds for providing only services covered as approved expenses as detailed in §1511 of this Chapter and must reaffirm such attestation annually if approved as a participating service provider. E. Service providers may also be required to attest in writing to additional provisions as applicable, including: 1. 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; 2. notify the LDOE within 5 days if a participating student withdraws or accumulates five or more unexcused absences; 3. annually report its pricing structure and fees for each service or product provided to the LDOE; 4. hold valid occupancy of buildings to be occupied by students as required by the relevant municipality in which the service provider is located; 5. operate according to its published disciplinary procedures that, at a minimum, outline the terms and conditions regarding the discontinuation of recurring services for a participating student; 6. administer student assessments in accordance with §1525 of this Chapter. F. If a service provider is budgeted to receive more than $100,000 of account funds in a fiscal year, the service provider must meet at least one of the following criteria annually to participate in the program: 1. provide evidence that supports the service provider has been in operation for at least three school years; or, 2. provide a statement by a certified public accountant confirming that the service provider is insured and has sufficient capital or credit to operate in the upcoming school year; or 3. files with the LDOE a surety bond or letter of credit for the amount equal to the account funds needed by the service provider for any school year. G. Service providers approved as student-facing providers of instructional services will be required to provide additional information regarding the education and qualifications of tutors or instructors. Such information will be provided to account holders to use in the selection of a service provider. H. A participating service provider shall not be required to alter its creed, practices, admissions policy, or curriculum to accept payments from an ESA.