LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 362 HLS 24RS 349
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 29, 2024 2:25 PM Author: KERNER
Dept./Agy.: EDUCATION
Subject: Tutorship disclosures for parents of IEP students over age Analyst: Julie Silva
eighteen
EDUCATION/SPECIAL EN SEE FISC NOTE LF EX Page 1 of 1
Requires schools to provide information regarding tutorship to the parents of certain students at Individualized Education
Program (IEP) meetings
Proposed legislation requires local education agencies to adopt policies requiring information regarding legal procedures
affecting the transfer of individual rights from parent to child when the child attains the age of majority, including but not
limited to supported decision making, power of attorney, continuing or permanent tutorship, and limited and full interdiction
be provided to parents at annual Individualized Education Program (IEP) meetings. Requires the Louisiana Department of
Education to develop the information required and make it available to the local education agencies for use. Provides that if
enacted, proposed legislation is to be known and cited as the "Hunter and Kennedy Clanton Act."
EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total $0 $0 $0 $0 $0 $0
EXPENDITURE EXPLANATION
Proposed legislation may result in a nominal increase in local fund expenditures for local education agencies.
Proposed legislation mandates that each local education agency (LEA) adopt a policy requiring schools to provide written
information regarding continuing or permanent tutorship and other issues related to certain children's attainment of the age
of majority to parents of 15-17 year-old children enrolled in an Individualized Education Program (IEP), at the first IEP
meeting of the school year. LEAs may incur costs to provide written copies of the required informational document, and to
develop and provide a parental acknowledgment form to confirm receipt of the required tutorship information; however,
such costs are expected to be minimal. The document must include, at a minimum, information regarding legal procedures
affecting the transfer of individual rights from parent to child when the child attains the age of majority, including but not
limited to supported decision making, power of attorney, continuing or permanent tutorship, and limited and full interdiction.
This information is to be developed and provided by the Louisiana Department of Education (LDOE). Any costs realized by
the department as a result of this requirement can be absorbed within its current operating budget. The document is
additionally required to indicate the information provided is not intended to be legal advice and LEAs have no liability for any
resulting claims that may be made.
LDOE reports they can provide the required information through updates to the Special Education (SPED) Procedural
Safeguard Handbook. Receipt of this handbook is confirmed through the existing Special Education Reporting (SER) system.
If SB 61 of the 2024 Regular Session becomes law, the Louisiana State Law Institute is authorized to change “continuing or
permanent” to “full or limited continuing.” This change will have no impact on the information provided in this note.
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer