SB 376

2026 Regular Session  ENROLLED
  ACT No. 100
 SENATE BILL NO. 376
 BY SENATORS MIZELL, BOUDREAUX, CARTER, CATHEY, CLOUD, CONNICK,
  EDMONDS, HODGES, JACKSON-ANDREWS, LAMBERT, MILLER,
  MORRIS, SELDERS, STINE, WHEAT AND WOMACK AND
  REPRESENTATIVES BERAULT, BROUSSARD, CARPENTER,
  CARVER, CHASSION, EGAN, FREIBERG, KNOX, TERRY
  LANDRY, LARVADAIN, MARCELLE, MARTINEZ, PHELPS,
  TAYLOR, VENTRELLA, WALTERS AND WYBLE
1AN ACT
2 To enact R.S. 17:81(A)(8), 3996(B)(92), and Chapter 47 of Title 17 of the Louisiana
3Revised Statutes of 1950, to be comprised of R.S. 17:4201 through 4212, relative to
4local public school boards; to provide relative to the authorization of career
5practicums in public high schools; to provide for definitions; to provide relative to
6cooperative endeavor agreements; to provide requirements for career practicums and
7cooperative endeavor agreements; to provide relative to student labor, safety, and
8supervision; to provide for reciprocity; to provide relative to the State Board of
9Elementary and Secondary Education's rulemaking authority; to provide for trade
10and commerce limitations; to provide for exemptions; to provide relative to charter
11school participation; to provide for an effective date; and to provide for related
12matters.
13 Be it enacted by the Legislature of Louisiana:
14Section 1. R.S. 17:81(A)(8), 3996(B)(92), and Chapter 47 of Title 17 of the
15 Louisiana Revised Statutes of 1950, comprised of R.S. 17:4201 through 4212, are hereby
16 enacted to read as follows:
17§81. General powers of local public school boards
18A.(1) Each local public school board shall serve in a policymaking capacity
19that is in the best interests of all students enrolled in schools under the board's
20jurisdiction. When establishing board policies, each board shall prioritize student
21achievement, financial efficiency, and workforce development on a local, regional,
22and statewide basis. When choosing a local superintendent of schools, each board
23shall select a leader who shall prioritize student achievement and act in the best
24interests of all students enrolled in schools under the board's jurisdiction.
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1*       *      *
2(8) Each local public school board shall have the authority to establish,
3operate, or enter into agreements for the operation of career practicums
4pursuant to R.S. 17:4201 et seq.
5*       *      *
6§3996. Charter schools; exemptions; requirements
7*       *      *
8B. Notwithstanding any state law, rule, or regulation to the contrary and
9except as may be otherwise specifically provided for in an approved charter, a
10charter school established and operated in accordance with the provisions of this
11Chapter and its approved charter and the school's officers and employees shall be
12exempt from all statutory mandates or other statutory requirements that are
13applicable to public schools and to public school officers and employees except for
14the following laws otherwise applicable to public schools with the same grades:
15*       *      *
16(92) Career practicums, R.S. 17:4201 et seq.
17*       *      *
18CHAPTER 47. CAREER PRACTICUMS
19§4201. Short title
20This Chapter shall be known and may be cited as the "Learn and Earn
21Act".
22§4202. Legislative findings and intent
23A. The legislature finds that Louisiana's long-term workforce
24competitiveness depends on the development of a coherent, statewide talent
25development system.
26B. Compensated, credit-bearing work-based learning aligned with the
27State Board of Elementary and Secondary Education (BESE) approved career
28pathways is a critical component of such a system.
29C. Reliance solely on external employer work sites creates inequitable
30access to work-based learning for rural students and students in underserved
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1communities.
2D. Career practicums, as provided for in this Chapter, shall serve an
3essential educational purpose by advancing established state objectives related
4to career and technical education, financial literacy, employability skills, and
5workforce development.
6E.(1) A career practicum shall operate pursuant to a cooperative
7endeavor agreement that complies with Article VII, Section 14 of the
8Constitution of Louisiana and meets the requirements of the Cabela's test as
9held in Board of Directors of Indus. Development Bd. of City of Gonzales,
10Louisiana, Inc. v. All Tax Payers, Property Owners, Citizens of City of Gonzales,
11et al., 938 So.2d 11 (La. 9/6/06).
12(2) In order to satisfy the Cabela's test, a career practicum must serve a
13valid public purpose; be an enforceable, nongratutious obligation; and there
14must be a reasonable expectation of value equal to or greater than the value of
15public assets provided.
16(3) Compliance with the Cabela's test is mandatory and shall be
17demonstrated through the cooperative endeavor agreement.
18§4203. Definitions
19As used in this Chapter, the following terms have the following meanings
20unless the context clearly indicates otherwise:
21(1) "Business partner" means a private business entity, financial
22institution, or nonprofit organization that enters into a cooperative endeavor
23agreement with a city, parish, or other local school board to operate a career
24practicum.
25(2) "Career practicum" means a limited scope educational franchise
26operation conducted on a public high school campus pursuant to a cooperative
27endeavor agreement, whose primary purpose is to deliver compensated, credit-
28bearing work-based learning, aligned with BESE-approved career pathways,
29and related instruction.
30(3) "Fair market value" means the value of public assets, services, or
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1resources made available to a business partner, including space, utilities,
2equipment, or other measurable benefits, calculated pursuant to BESE-
3approved methodology using commercially reasonable valuation principles.
4(4) "Instructional scope" means the defined operational boundaries of
5a career practicum that are directly tied to instructional objectives, including
6pathway aligned activities, financial literacy instruction, employability skill
7development, and compensated work-based learning.
8(5) "Student participant" means a student enrolled in a BESE-approved,
9work-based learning course who participates in a career practicum and is
10compensated as an employee of the business partner.
11(6) "Hazardous occupation" shall mean any occupation or activity
12prohibited for minors under the provisions of the Louisiana Works rules
13governing the employment of minors.
14§4204. Authorization; limited-scope model
15A. A city, parish, or other local school board may establish and host one
16or more career practicums on Louisiana public high school campuses in
17accordance with this Chapter.
18B. A career practicum shall operate exclusively within the instructional
19scope defined in its cooperative endeavor agreement and shall not engage in
20general commercial activity unrelated to instructional purposes.
21C. Career practicums shall align with BESE-approved career pathways
22and integrate financial literacy and employability skill development.
23D. Any student participating in a career practicum under this Chapter
24who performs a credit-bearing internship experience aligned to a BESE-
25approved career pathway shall be deemed to have satisfied the requirements for
26an internship for purposes of the state school and district accountability system,
27as defined by rules of the State Board of Elementary and Secondary Education.
28E. A business partner shall provide reciprocity under the cooperative
29endeavor agreement that meets or exceeds the fair market value of public assets
30utilized and shall fulfill all educational obligations established in the agreement.
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1F. Career practicums may provide customer-facing services only to the
2extent such services fall within the instructional scope established in the
3cooperative endeavor agreement.
4G. Career practicums operating solely within the instructional scope of
5a compliant cooperative endeavor agreement shall be deemed instructional
6functions of the city, parish, or other local school board and shall not be
7classified as commercial tenants.
8H. Any employee, agent, or representative of a business partner who has
9direct and unsupervised interaction with students participating in a career
10practicum shall be subject to the same criminal background check and
11eligibility requirements applicable to school employees and instructors pursuant
12to applicable state law and policy of the State Board of Elementary and
13Secondary Education.
14I. Where a career practicum includes limited customer-facing services
15within the instructional scope, the city, parish, or other local school board shall
16retain full authority to regulate campus access consistent with existing safety
17and visitor policies. Nothing in this Chapter shall be construed to require
18general public access to school campuses.
19§4205. Cooperative endeavor agreements
20A. Each career practicum shall operate pursuant to a written cooperative
21endeavor agreement between the city, parish, or other local school board and
22the business partner.
23B. The agreement shall include but not be limited to the following:
24(1) A declaration of the essential educational and public purpose served.
25(2) Enforceable, nongratuitous obligations of the business partner.
26(3) An inventory and valuation of public assets utilized, including a fair
27market value schedule.
28(4) A reciprocity schedule demonstrating a reasonable expectation that
29benefits provided by the business partner meet or exceed fair market value.
30(5) Annual fair market value recertification.
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1(6) A clear statement of instructional scope and operating parameters.
2(7) Liability insurance naming the city, parish, or other local school
3board and the state as additional insureds.
4(8) Indemnification of the city, parish, or other local school board and
5the state.
6(9) Safety, supervision, and training requirements.
7(10) Compliance with applicable federal and state laws governing student
8data privacy, child labor, workplace safety, and accessibility.
9C. Each cooperative endeavor agreement shall be public record and
10posted on the website of the city, parish, or other local school board.
11D. Nothing in this Chapter shall limit the authority of a city, parish, or
12other local school board to oversee, monitor, or evaluate the operations of a
13career practicum.
14§4206. Student labor, safety, and supervision
15A. Student participants shall:
16(1) Earn academic credit pursuant to BESE rules.
17(2) Receive wages at or above the applicable minimum wage.
18(3) Be employees of the business partner for wage and workers'
19compensation purposes.
20(4) Receive required safety training prior to participation.
21(5) Be prohibited from engaging in hazardous occupations barred for
22minors.
23B. Career practicums shall be structured so that student participants are
24the primary beneficiaries of the educational experience.
25C. Career practicums shall comply with all applicable school safety,
26supervision, and visitor access requirements.
27§4207. Reciprocity and restricted use of funds
28A. Business partners shall provide reciprocity as established in the
29cooperative endeavor agreement, meeting or exceeding fair market value
30requirements.
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1B. Any funds provided to a city, parish, or other local school board as
2reciprocity or compensation shall be deposited into a restricted Career
3Practicum Fund and used solely for work-based learning, instructional
4equipment, or related educational purposes.
5§4208. Rulemaking authority; limitations
6The State Board of Elementary and Secondary Education shall
7promulgate rules and regulations necessary to implement this Chapter in
8accordance with the provisions of the Administrative Procedure Act. Such rules
9shall implement but not waive, narrow, or redefine the statutory requirements
10of instructional scope, fair market value valuation, reciprocity, or student
11protections established in this Chapter.
12§4209. Trade and commerce limitation
13A career practicum operating solely within the instructional scope of a
14compliant cooperative endeavor agreement shall not be deemed to be engaged
15in trade or commerce for purposes of R.S. 51:1401 et seq.
16§4210. Proprietary school exemption
17A career practicum authorized under this Chapter shall be deemed an
18extension of public educational programming and shall not be classified as a
19proprietary school pursuant to R.S. 17:3140.1 et seq.
20§4211. Charter school participation
21A charter school governing authority may authorize a career practicum
22on its campus in accordance with applicable charter law and the school's
23charter contract. Where the career practicum involves the use of facilities or
24property owned by a city, parish, or other local school board or other public
25entity, any cooperative endeavor agreement required under this Chapter shall
26be executed in a manner consistent with applicable law governing such
27property.
28§4212. Existing programs
29A. On-campus business operations or work-based learning programs
30lawfully operating on Louisiana public high school campuses prior to the
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1effective date of this Act may continue, provided they serve an educational
2purpose and comply with Article VII, Section 14 of the Louisiana Constitution.
3B. Beginning with the 2029-2030 school year, all programs subject to
4Subsection A of this Section shall be in compliance with all other provisions of
5this Chapter.
6Section 2. This Act shall become effective upon signature by the governor or, if not
7 signed by the governor, upon expiration of the time for bills to become law without signature
8 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
9 vetoed by the governor and subsequently approved by the legislature, this Act shall become
10 effective on the day following such approval.
  PRESIDENT OF THE SENATE
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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