ENROLLED
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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.
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 ENROLLEDHB NO. 419
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(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
(4) The president of the Louisiana Community and Technical College29
System or his designee.30 ENROLLEDHB NO. 419
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(5) The chairman of the House Committee on Education or his designee.1
(6) The chairman of the Senate Committee on Education or his designee.2
(7) The assistant deputy superintendent of the office of college and career3
readiness of the state Department of Education or his designee.4
(8) The following persons to be appointed by the commissioner of higher5
education:6
(a) A representative from a public postsecondary four-year institution.7
(b) A representative from a public postsecondary two-year institution.8
(c) A representative from the Louisiana Association for Developmental9
Education with experience in intervention education services and remedial education10
as a researcher or practitioner.11
(d) A nontraditional adult student attending a public postsecondary education12
institution.13
(e) A representative from the Board of Regents with responsibilities in14
implementing remedial education.15
(9) The following persons to be appointed by the state superintendent of16
education:17
(a) A middle or high school teacher employed in a public school located in18
an urban area of the state.19
(b) A middle or high school teacher employed in a public school located in20
a rural area of the state.21
(c) A parent of a student enrolled in a public middle or high school.22
(10) A member of the Louisiana School Boards Association to be appointed23
by the association's president.24
D. All legislative members of the commission shall receive the same per25
diem and travel allowance for attending meetings of the commission as is normally26
provided for meetings of legislative committees. Other members of the commission27
shall serve without compensation.28
E. The commission is a joint collaboration between the Board of Regents and29
the State Board of Elementary and Secondary Education. The Board of Regents and30 ENROLLEDHB NO. 419
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the state Department of Education shall designate staff to assist the commission in1
performing its duties and responsibilities.2
F. The commissioner of higher education shall convene the commission for3
its first meeting by September 15, 2011, at which meeting the members of the4
commission shall select a chairman and a vice chairman. The commission shall meet5
upon the call of the chairman as often as deemed necessary to carry out its duties and6
shall establish a meeting schedule and time line for completion of its duties.7
G. The commission shall study and make recommendations on at least the8
following:9
(1) The data and research on intervention education services and remedial10
education and the identification of best practices and strategies for recognizing11
students in need of such services and for providing such services at the appropriate12
juncture at the elementary, secondary, and postsecondary education levels.13
(2) K-12 to postsecondary education transition issues including the14
alignment of high school graduation requirements and course curriculum with15
college expectations.16
(3) The need for clear entrance and exit standards for all remedial courses17
and the transferability of credit for such courses to all public postsecondary18
education institutions in the state.19
(4) Strategies and data for reducing the need for remediation of high school20
graduates, offering more dual credit opportunities for high school students, and21
increasing the college-going rate of adults.22
(5) The capacity of the community and technical colleges to provide all23
remedial education services and, if it is found that the community and technical24
colleges lack the capacity to be the sole provider of such services, that there are25
adequate transition plans in place until the capacity is reached.26
(6) The role of distance learning and other innovative alternatives to27
traditional instruction and delivery methods for remedial education.28 ENROLLEDHB NO. 419
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(7) The success of students engaged in remedial education programs at1
public postsecondary education institutions in terms of their retention and graduation2
rates as compared to those students not placed in remedial education.3
(8) The creation of a formalized professional development program and4
communication system where remedial education faculty from both secondary and5
postsecondary education regularly meet to gain knowledge in best practices and6
trends in the instruction and delivery of remedial education and to share changes in7
expectations and maintain communication.8
H. The commission shall be authorized to request and receive education data9
and other related data and information produced by any public entity and such entity10
shall respond to the request in a timely manner. All requested data and information11
shall be submitted in a standardized format as determined by the commission.12
I. The commission shall submit a written report of its study findings and13
recommendations to the House Committee on Education and the Senate Committee14
on Education by not later than sixty days prior to the convening of the 2012 Regular15
Session of the Legislature of Louisiana. Such report also shall include16
recommendations for any changes to laws, rules, or guidelines that the commission17
deems necessary in order to strengthen the ability of the public schools and public18
postsecondary education institutions in identifying and assisting students as they19
strive to college readiness and achieve academic success.20
J. The commission shall terminate on June 30, 2012.21
Section 2. R.S. 36:651(G)(3) is hereby enacted to read as follows:22
§651. Transfer of boards, commissions, departments, and agencies to Department23
of Education; boards, commissions, and agencies within Department of24
Education25
* * *26
G. The following agencies, as defined by R.S. 36:3, are transferred to and27
hereafter shall be within the Department of Education as provided in Part III of28
Chapter 22 of this Title:29
* * *30 ENROLLEDHB NO. 419
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) The Remedial Education Commission (R.S. 17:3140).1
* * *2
Section 3. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: