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Regular Session, 2011
HOUSE BILL NO. 419
BY REPRESENTATIVES PATRICIA SMITH, AUBERT, CARMODY, CHANDLER,
CHANEY, DOWNS, EDWARDS, AND RI TCHIE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EDUCATION/REMEDIAL: Creates the Remedial Education Commission
AN ACT1
To enact R.S. 17:3140 and R.S. 36:651(G)(3), relative to remedial education; to create the2
Remedial Education Commission; to provide for the purpose, membership, duties,3
and responsibilities of the commission; to provide for reporting requirements; to4
provide for termination; to provide for an effective date; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:3140 is hereby enacted to read as follows: 8
§3140. Remedial Education Commission; creation; purpose; membership; duties;9
reporting; termination10
A.(1) The legislature finds that the state must greatly increase the number11
of its citizens who hold a postsecondary education credential by creating an12
environment that increases the desire to learn and continuously gain knowledge.13
(2) The legislature further finds that more citizens must not only earn a high14
school diploma but also must successfully access and navigate the postsecondary15
education system throughout their lives in order to acquire the knowledge and skills16
needed to be productive workers and engaged citizens.17
(3) The legislature further finds that in order to achieve a more educated18
citizenry, the expectations of college readiness must be clearly communicated to19
educators, prospective students enrolled in high school, and the students' parents.20 HLS 11RS-430 REENGROSSED
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(4) The legislature further finds that there exists a large population of adults1
that could benefit from completion of postsecondary education and that many of2
these nontraditional adult students have specific remediation needs.3
(5) The legislature further finds that the use of data concerning successful4
strategies for identifying and remediating students at significant transition points5
could assist public elementary and secondary schools and public postsecondary6
education institutions in identifying students who need additional educational7
services and assistance and in providing for such services at the most appropriate8
junctures using the most cost-effective methods.9
(6) The legislature further finds that it is in the best interest of the state's10
public education system and the students of the state to create a commission to11
review the relevant data and recommend best practices and strategies for identifying12
and assisting students to ensure that they are successful throughout their academic13
careers, no matter the point of entry.14
B. There is hereby created the Remedial Education Commission, referred to15
in this Section as the "commission", for the purposes of studying and reviewing the16
data on educational services provided in public elementary and secondary schools17
and remedial education provided at public postsecondary education institutions, of18
recommending best practices and strategies to be used by public elementary and19
secondary schools and public postsecondary education institutions in providing such20
educational services, and of recommending any necessary statutory and regulatory21
changes to the legislature, the State Board of Elementary and Secondary Education,22
and the Board of Regents related to the study.23
C. The membership of the commission shall be as follows:24
(1) The commissioner of higher education or his designee.25
(2) The state superintendent of education or his designee.26
(3) The president of the State Board of Elementary and Secondary Education27
or his designee.28 HLS 11RS-430 REENGROSSED
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(4) The president of the Louisiana Community and Technical College1
System or his designee.2
(5) The chairman of the House Committee on Education or his designee.3
(6) The chairman of the Senate Committee on Education or his designee.4
(7) The executive director of the office of college and career readiness of the5
state Department of Education or his designee.6
(8) The following persons to be appointed by the commissioner of higher7
education:8
(a) A representative from a public postsecondary four-year institution.9
(b) A representative from a public postsecondary two-year institution.10
(c) A representative from the Louisiana Association for Developmental11
Education with experience in intervention education services and remedial education12
as a researcher or practitioner.13
(d) A nontraditional adult student attending a public postsecondary education14
institution.15
(e) A representative from the Board of Regents with responsibilities in16
implementing remedial education.17
(9) The following persons to be appointed by the state superintendent of18
education:19
(a) A middle or high school teacher employed in a public school located in20
an urban area of the state.21
(b) A middle or high school teacher employed in a public school located in22
a rural area of the state.23
(c) A parent of a student enrolled in a public middle or high school.24
(10) A member of the Louisiana School Boards Association to be appointed25
by the association's president.26
D. All legislative members of the commission shall receive the same per27
diem and travel allowance for attending meetings of the commission as is normally28 HLS 11RS-430 REENGROSSED
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provided for meetings of legislative committees. Other members of the commission1
shall serve without compensation.2
E. The commission is a joint collaboration between the Board of Regents and3
the State Board of Elementary and Secondary Education. The Board of Regents and4
the state Department of Education shall designate staff to assist the commission in5
performing its duties and responsibilities.6
F. The commissioner of higher education shall convene the commission for7
its first meeting by September 15, 2011, at which meeting the members of the8
commission shall select a chairman and a vice chairman. The commission shall meet9
upon the call of the chairman as often as deemed necessary to carry out its duties and10
shall establish a meeting schedule and time line for completion of its duties.11
G. The commission shall study and make recommendations on at least the12
following:13
(1) The data and research on intervention education services and remedial14
education and the identification of best practices and strategies for recognizing15
students in need of such services and for providing such services at the appropriate16
juncture at the elementary, secondary, and postsecondary education levels.17
(2) K-12 to postsecondary education transition issues including the18
alignment of high school graduation requirements and course curriculum with19
college expectations.20
(3) The need for clear entrance and exit standards for all remedial courses21
and the transferability of credit for such courses to all public postsecondary22
education institutions in the state.23
(4) Strategies and data for reducing the need for remediation of high school24
graduates, offering more dual credit opportunities for high school students, and25
increasing the college-going rate of adults.26
(5) The capacity of the community and technical colleges to provide all27
remedial education services and, if it is found that the community and technical28 HLS 11RS-430 REENGROSSED
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colleges lack the capacity to be the sole provider of such services, that there are1
adequate transition plans in place until the capacity is reached.2
(6) The role of distance learning and other innovative alternatives to3
traditional instruction and delivery methods for remedial education.4
(7) The success of students engaged in remedial education programs at5
public postsecondary education institutions in terms of their retention and graduation6
rates as compared to those students not placed in remedial education.7
(8) The creation of a formalized professional development program and8
communication system where remedial education faculty from both secondary and9
postsecondary education regularly meet to gain knowledge in best practices and10
trends in the instruction and delivery of remedial education and to share changes in11
expectations and maintain communication.12
H. The commission shall be authorized to request and receive education data13
and other related data and information produced by any public entity and such entity14
shall respond to the request in a timely manner. All requested data and information15
shall be submitted in a standardized format as determined by the commission.16
I. The commission shall submit a written report of its study findings and17
recommendations to the House Committee on Education and the Senate Committee18
on Education by not later than sixty days prior to the convening of the 2012 Regular19
Session of the Legislature of Louisiana. Such report also shall include20
recommendations for any changes to laws, rules, or guidelines that the commission21
deems necessary in order to strengthen the ability of the public schools and public22
postsecondary education institutions in identifying and assisting students as they23
strive to college readiness and achieve academic success.24
J. The commission shall terminate on June 30, 2012.25 HLS 11RS-430 REENGROSSED
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Section 2. R.S. 36:651(G)(3) is hereby enacted to read as follows:1
§651. Transfer of boards, commissions, departments, and agencies to Department2
of Education; boards, commissions, and agencies within Department of3
Education4
* * *5
G. The following agencies, as defined by R.S. 36:3, are transferred to and6
hereafter shall be within the Department of Education as provided in Part III of7
Chapter 22 of this Title:8
* * *9
(3) The Remedial Education Commission (R.S. 17:3140).10
* * *11
Section 3. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Patricia Smith HB No. 419
Abstract: Creates the Remedial Education Commission and provides for commission
purpose, duties, responsibilities, membership, reporting requirements, and
termination.
Proposed law creates the Remedial Education Commission for the purposes of studying and
reviewing the data on educational services provided in public elementary and secondary
schools and remedial education provided at public postsecondary education institutions and
recommending best practices and strategies to be used by such schools and institutions in
providing such educational services.
Provides for commission membership as follows:
(1)The commissioner of higher education or his designee.
(2)The state superintendent of education or his designee. HLS 11RS-430 REENGROSSED
HB NO. 419
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(3)The president of the State Board of Elementary and Secondary Education or his
designee.
(4)The president of the La. Community and Technical College System or his designee.
(5)The chairman of the House Committee on Education or his designee.
(6)The chairman of the Senate Committee on Education or his designee.
(7)The executive director of the office of college and career readiness of the state Dept.
of Education or his designee.
(8)The following persons to be appointed by the commissioner of higher education:
(a)A representative from a public postsecondary four-year institution.
(b)A representative from a public postsecondary two-year institution.
(c)A representative from the La. Association for Developmental Education with
experience in intervention education services and remedial education as a
researcher or practitioner.
(d)A nontraditional adult student attending a public postsecondary education
institution.
(e)A representative from the Board of Regents with responsibilities in
implementing remedial education.
(9)The following persons to be appointed by the state superintendent of education:
(a)A middle or high school teacher employed in a public school located in an
urban area of the state.
(b)A middle or high school teacher employed in a public school located in a
rural area of the state.
(c)A parent of a student enrolled in a public middle or high school.
(10)A member of the La. School Boards Association to be appointed by the association's
president.
Provides that legislative members of the commission shall receive the same per diem and
travel allowance for attending commission meetings as is normally provided for meetings
of legislative committees. Prohibits other members of the commission from receiving
compensation.
Provides that the commission is a joint collaboration between the Board of Regents and the
State Board of Elementary and Secondary Education. Requires the Board of Regents and
the state Dept. of Education to designate staff to assist the commission.
Requires the commissioner of higher education to convene the commission for its first
meeting by Sept. 15, 2011, and requires the commission to select a chairman and a vice
chairman at the meeting. Provides that the commission shall meet upon the call of the
chairman as often as necessary and requires the commission to establish a meeting schedule
and time line for completion of its duties.
Requires the commission to study and make recommendations on specified issues, including
but not limited to a review of the following: HLS 11RS-430 REENGROSSED
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(1)The data and research on remedial education services provided in public schools and
public postsecondary education institutions.
(2)K-12 to postsecondary education transition issues.
(3)The need for clear entrance and exit standards and transferability of credits for all
remedial courses.
(4)The capacity of the community and technical colleges to provide all remedial
education services.
(5)The role of distance learning and other alternatives to traditional instruction for the
delivery of remedial education.
(6)The creation of a formalized professional development program and communication
system for remedial education faculty from both secondary and postsecondary
education.
Authorizes the commission to request and receive education data and other related data and
information produced by public entities and requires such entities to respond in a timely
manner using a standardized format as determined by the commission.
Requires the commission to submit a written report of study findings and recommendations
to the House and Senate education committees at least 60 days prior to the 2012 R.S.
Requires the report to include recommendations for any changes to laws, rules, or guidelines
needed as it relates to the study.
Provides that the commission shall terminate on June 30, 2012.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:3140 and R.S. 36:651(G)(3))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Relative to the commission's membership, adds a member of the La. School
Boards Association to be appointed by the association's president.