Terms Used In Louisiana Revised Statutes > Title 17 > Chapter 43 - School Choice Scholarships

• Advisory organization: means any entity or organization which has five unrelated members and which assists insurers as authorized by Louisiana Revised Statutes 22:1452
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• agency: means any political subdivision, including any parish, municipality, school board, or special district, and any other unit of local government and any department, office, agency, board, commission, district, governing authority, committee, subcommittee, advisory board, task force, or other instrumentality of a political subdivision or other unit of local government. See Louisiana Revised Statutes 33:9662
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriate early childhood program: means a developmentally appropriate program for young children, ages three to five years, which is in compliance with regulatory guidelines to be issued by the department pursuant to this Part and which is approved by the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:407.1
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Board: means the Board of Supervisors of Community and Technical Colleges. See Louisiana Revised Statutes 17:3394.2
• boards: means the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Supervisors for the University of Louisiana System, and the Board of Supervisors of Community and Technical Colleges, or any of these boards. See Louisiana Revised Statutes 17:3202
• Chancellor: means the chief executive officer of a public postsecondary education institution. See Louisiana Revised Statutes 17:3399.12
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• commissioner: shall mean the commissioner of insurance. See Louisiana Revised Statutes 22:1451
• Community college: means any postsecondary institution which offers an associate academic degree as well as vocational-technical and other educational programs, but which is not approved to offer a baccalaureate degree. See Louisiana Revised Statutes 17:3202
• Competitive market: means any market except those which have been found to be noncompetitive pursuant to Louisiana Revised Statutes 22:1452
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confidential advisor: means a person designated by an institution to provide emergency and ongoing support to students who are alleged victims of power-based violence. See Louisiana Revised Statutes 17:3399.12
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: means the nonprofit corporation which may be utilized to accomplish the purposes of this Part. See Louisiana Revised Statutes 17:3394.2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:396
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.1
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:4013
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division of administration: means the division of administration created within the office of the governor by Title 39 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 17:3394.2
• Dyslexia: means an unexpected difficulty in reading for an individual who has the intelligence to be a much better reader, most commonly caused by a difficulty in phonological processing, which affects the ability of an individual to speak, read, and spell. See Louisiana Revised Statutes 17:392.11
• Educational accountability: means the respective responsibilities and duties, under the provisions of this Part, of local school boards, administrators, principals, teachers, and other personnel; the state Department of Education and its personnel; parents, students, and any other governing authority. See Louisiana Revised Statutes 17:391.2
• Eligible student: means a student who resides in Louisiana, is a member of a family with a total income that does not exceed two hundred fifty percent of the current federal poverty guidelines as established by the federal office of management and budget, and who meets any one of the following criteria:

              (a) Is entering kindergarten and has enrolled in the local school system in which the public school he would have otherwise attended is located or in a school under the jurisdiction of the Recovery School District. See Louisiana Revised Statutes 17:4013

• Employee: means :

              (a)(i) An administrative officer, official, or employee of a public postsecondary education board or institution. See Louisiana Revised Statutes 17:3399.12

• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ethics board: means the ethics body which has jurisdiction over elected officials under Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 33:9662
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Excessive: means a rate that is likely to produce a long-term profit that is unreasonably high for the insurance provided. See Louisiana Revised Statutes 22:1452
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Expenditure: means the gift or payment of money or any thing of value for the purchase of food, drink, or refreshment for a local government official or for the spouse or minor child of a local government official for the purpose of lobbying or any gift or payment permitted by Louisiana Revised Statutes 33:9662
• Expenses: means that portion of a rate attributable to acquisition, field supervision, collection expenses, general expenses, taxes, licenses, and fees and does not include loss adjustment expenses. See Louisiana Revised Statutes 22:1452
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• HIPPY: means the Home Instruction Program for Preschool Youngsters. See Louisiana Revised Statutes 17:407.1
• Inadequate: means a rate which is unreasonably low for the insurance provided and either the continued use of which endangers the solvency of the insurer using it or will have the effect of substantially lessening competition or creating a monopoly in any market. See Louisiana Revised Statutes 22:1452
• Institution: means a public postsecondary education institution. See Louisiana Revised Statutes 17:3399.12
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Joint underwriting: means an arrangement established to provide insurance coverage for a risk, pursuant to which two or more insurers contract with the insured for a price and policy terms agreed upon between or among the insurers. See Louisiana Revised Statutes 22:1452
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Line of insurance: means those lines identified in this Title or as otherwise specified by the commissioner. See Louisiana Revised Statutes 22:1452
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lobbyist: means any person who acts in a representative capacity and makes an expenditure in excess of five hundred dollars in the aggregate within the calendar year. See Louisiana Revised Statutes 33:9662
• Local government action: means any act by a local government agency or official to effectuate the public powers, functions, and duties of a local government official or a local government agency, including but not limited to any act in the nature of policymaking, rulemaking, adjudication, licensing, regulation, or enforcement; relative to contracts, requests for proposals, development of specifications, or engaging another person to perform a governmental function; to adopt, repeal, increase, or decrease any fee imposed on the affairs, actions, or persons regulated by a local government agency; or to affect the passage, defeat, or implementation of any legislation. See Louisiana Revised Statutes 33:9662
• Market: means the interaction between buyers and sellers in the procurement of a line of insurance pursuant to the provisions of this Subpart. See Louisiana Revised Statutes 22:1452
• municipality: as used in this Chapter , means municipalities and parishes to which the Chapter is applicable. See Louisiana Revised Statutes 33:9611
• Nonpayment of premium: means failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums on a policy, or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit. See Louisiana Revised Statutes 22:1266
• Oath: A promise to tell the truth.
• official: means an elected official, an appointed official, or an employee in a local government agency. See Louisiana Revised Statutes 33:9662
• Participating school: means a nonpublic school that meets program requirements and seeks to enroll scholarship recipients or a public school that meets program requirements and seeks to enroll scholarship recipients subject to any court-ordered desegregation plan in effect for the school system in which the public school is located. See Louisiana Revised Statutes 17:4013
• Person: means an individual, partnership, committee, association, corporation, and any other organization or group of persons. See Louisiana Revised Statutes 33:9662
• Personal property: All property that is not real property.
• Personal risk: means homeowners, tenants, nonfleet private passenger motor vehicles, mobile homes, and other property and casualty insurance for personal, family, or household needs, including any property and casualty insurance that is otherwise intended for noncommercial coverage. See Louisiana Revised Statutes 22:1452
• Phonological processing: means the appreciation of the individual sounds of spoken and written language. See Louisiana Revised Statutes 17:392.11
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Policy: means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state, or any binder based on such a policy, insuring a single individual or husband and wife resident of the same household, as named insured, and under which the insured vehicles therein designated are of the following types only:

              (a) A private passenger vehicle that is not used as a public or livery conveyance for passengers, nor rented to others. See Louisiana Revised Statutes 22:1266

• Pool: means an arrangement pursuant to which two or more insurers participate in the sharing of risks on a predetermined basis. See Louisiana Revised Statutes 22:1452
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Power-based violence: means any form of interpersonal violence intended to control or intimidate another person through the assertion of power over the person and shall include the following:

              (a) Dating violence (Louisiana Revised Statutes 17:3399.12

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Program: means the Student Scholarships for Educational Excellence Program. See Louisiana Revised Statutes 17:4013
• Project: means the acquisition, purchase, construction, renovation, improvement, or expansion of a public facility, to be financed as authorized and provided in this Part and Louisiana Revised Statutes 17:3394.2
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prospective loss cost: means that portion of a rate that does not include provisions for expenses or profit and is based on historical aggregate losses adjusted through development to their ultimate value, projected through trending to a future point in time, and adjusted for other considerations expected to materially affect future loss payments. See Louisiana Revised Statutes 22:1452
• Public facilities: means buildings, equipment, and other permanent property or immovable property of the colleges within the Louisiana Community and Technical College System, as specifically identified in Louisiana Revised Statutes 17:3394.2
• Public schools: means the public elementary and secondary schools governed by the parish and city school boards. See Louisiana Revised Statutes 17:391.2
• Pupil progression plan: means the comprehensive plan developed and adopted by each city and parish school board which shall be based on student performance in the state testing program with goals and objectives which are compatible with the Louisiana competency-based education program contained within Louisiana Revised Statutes 17:396
• Quorum: The number of legislators that must be present to do business.
• Rate: means that cost of insurance per exposure unit, whether expressed as a single number or as a prospective loss cost, with an adjustment to account for the treatment of loss adjustment expenses, expenses, profit, and variation in expected future loss experience, prior to any application of individual risk variations based on actual past loss or expense considerations, and does not include minimum premiums. See Louisiana Revised Statutes 22:1452
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remedial program: means a program to assist students to overcome educational deficits identified as a result of the state's testing program. See Louisiana Revised Statutes 17:396
• Residual market mechanism: means an arrangement, either voluntary or mandated by law, involving participation by insurers in the equitable apportionment of risks among insurers for insurance which may be afforded applicants who are unable to obtain insurance through ordinary methods. See Louisiana Revised Statutes 22:1452
• Responsible employee: means an employee as defined in this Section who receives a direct statement regarding or witnesses an incident of power-based violence. See Louisiana Revised Statutes 17:3399.12
• Scholarship: means the funds awarded to a parent or other legal guardian on behalf of an eligible student to attend a participating public or nonpublic school. See Louisiana Revised Statutes 17:4013
• Scholarship recipient: means an eligible student who is awarded a scholarship. See Louisiana Revised Statutes 17:4013
• School board: means a parish or city school board. See Louisiana Revised Statutes 17:391.2
• State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:396
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Supplementary rate information: means any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, and any other similar information needed to determine an applicable rate in effect or to be in effect. See Louisiana Revised Statutes 22:1452
• Supporting information: means the experience and judgment of the filer and the experience or data of other insurers or organizations relied upon by the filer, the interpretation of any statistical data relied upon by the filer, descriptions of methods used in making the rates, and other similar information relied upon by the filer. See Louisiana Revised Statutes 22:1452
• system: means and refers to the programs and institutions under the jurisdiction of the respective management boards for postsecondary education created by or under authority of the Constitution of Louisiana. See Louisiana Revised Statutes 17:3202
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title IX coordinator: means the individual designated by a public postsecondary education institution as the institution's official for coordinating the institution's efforts to comply with and carry out its responsibilities under Title IX of the Education Amendments of 1972. See Louisiana Revised Statutes 17:3399.12
• to renew: means the issuance and delivery by an insurer of a policy replacing at the end of the policy period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term. See Louisiana Revised Statutes 22:1266
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trending: means any procedure for projecting losses to the average date of loss, or premiums or exposures to the average date of writing, for the period during which the policies are to be effective. See Louisiana Revised Statutes 22:1452
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unfairly discriminatory: means not capable of being actuarially justified or based on race, color, creed, or national origin. See Louisiana Revised Statutes 22:1452
• Victim advocate: work with prosecutors and assist the victims of a crime.