HLS 12RS-2264 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 1157
BY REPRESENTATIVE BROWN
SCHOOLS: Provides relative to virtual schools and supplemental online instruction
AN ACT1
To enact Chapter 45 of Title 17 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 17:4051 through 4063, relative to virtual schools and supplemental online3
instruction; to provide for the accreditation and approval of virtual schools; to4
provide for annual performance reports, operations reports, and audits relative to5
virtual schools; to provide for qualifications of teachers and other employees in6
virtual schools; to provide for accreditation, approval, and reporting with respect to7
supplemental online instruction; to provide for the integrity of student learning and8
assessment at virtual schools; to provide for rules and regulations; to provide for9
effectiveness; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. Chapter 45 of Title 17 of the Louisiana Revised Statutes of 1950,12
comprised of R.S. 17:4051 through 4063, is hereby enacted to read as follows: 13
CHAPTER 45. VIRTUAL SCHOOLS14
§4051. Definitions15
For purposes of this Chapter, the following terms shall have the following16
definitions:17
(1) "Assessment center" means a private for-profit, nonprofit, or public18
facility that provides administration of multiple standardized examinations.19 HLS 12RS-2264 ORIGINAL
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(2) "Local education provider" means the city, parish, or other local public1
school district within which a student resides.2
(3) "Proctored environment" means a student assessment location that3
ensures the integrity of student work. The work must be proctored under the4
supervision of a licensed teacher or postsecondary education instructor. These5
environments shall include any of the following:6
(a) A private assessment center as defined in R.S. 17:4051(1).7
(b) A public postsecondary education institution such as a local community8
college or university.9
(c) A public elementary or secondary school.10
(4) "Supplemental online instruction" means instruction provided for course11
credit by a city, parish, or other local public school board. This instruction may be12
for credit recovery for required courses or for advanced courses beyond the13
minimum requirements. A course shall be deemed as supplemental online14
instruction, and thus subject to the provisions of this Chapter, if more than fifty15
percent of all course activity takes place in an online or distance learning16
environment.17
(5) "Virtual school" means a stand-alone, full-time public charter school18
offering course credit to students within the state. A virtual school shall function19
independently from city, parish, or other local public school systems and may be a20
new, multidistrict collaboration, a nonprofit charter school, a program sponsored by21
a public postsecondary education institution, or other entity granted the ability to22
enter into a charter agreement under state law.23
§4052. Accreditation of virtual schools24
A. All virtual schools shall be accredited by an organization approved by the25
State Board of Elementary and Secondary Education based on a demonstration that26
the organization's accreditation process is rigorous and aligned with state policy.27
Each organization approved to grant accreditation shall report annually to the State28
Board of Elementary and Secondary Education on any changes to its accreditation29 HLS 12RS-2264 ORIGINAL
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process. The State Board of Elementary and Secondary Education shall annually1
reapprove or remove the approval of the organization after due consideration of any2
concerns or complaints arising during the year.3
B. The State Board of Elementary and Secondary Education may prohibit4
the use of a particular accreditation organization for a specific virtual school upon5
a demonstration of any of the following:6
(1) A conflict of interest.7
(2) Persistent quality concerns.8
(3) Other good and just cause.9
§4053. Approval of virtual school providers10
A. The State Board of Elementary and Secondary Education shall annually11
evaluate each application for a virtual school according to criteria determined by the12
board. Such criteria shall include but not be limited to the following, which a virtual13
school shall meet in order to be approved:14
(1) It shall be a not-for-profit entity, incorporated and with an administrative15
office in the state.16
(2) It shall contract with other entities for no more than thirty percent of the17
school budget.18
(3) It shall be nonsectarian in its programs, admissions, employment19
practices, and operations.20
(4) It shall contract only with other entities that are also nonsectarian in their21
programs, employment practices, and operations.22
(5) It shall comply with all antidiscrimination provisions.23
(6) It shall provide accommodations and services as required by the24
Individuals with Disabilities Education Act to meet the needs of students with special25
needs.26
(7) It shall provide accommodations and services as required by the Equal27
Educational Opportunities Act of 1974 to meet the needs of students who are English28
learners.29 HLS 12RS-2264 ORIGINAL
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(8) It shall require no tuition, student registration fee, or other fees.1
(9) It shall demonstrate that all members of the instructional staff are2
educators certified to teach in this state.3
(10) It shall ensure that no instructional or grading functions are outsourced4
to people or companies outside the United States.5
B. The applicant virtual school shall provide the following for review and6
public inspection:7
(1) Its mission, vision, and goals.8
(2) Its organizational structure and governance, including its governing9
authority and school policies and procedures.10
(3) A detailed curriculum plan, including a curriculum map to the state11
content standards, showing how the course content meets state requirements.12
(4) A technology utilization and training plan for students and faculty.13
(5) A plan for providing access to and training on library and digital media14
for all students and staff.15
(6) A detailed assessment plan, including management of student records,16
data analysis and reporting, and how the school will address the assessment integrity17
issues addressed in R.S. 17:4062.18
(7) Student admissions policies.19
(8) Policies for the verification of student attendance.20
(9) Human resources management policies.21
(10) Its marketing plan.22
(11) Its communication plan for parents, including how the school will23
provide for language accessibility for non-native speakers.24
(12) A detailed financial plan for each year of probationary operation as set25
forth in R.S. 17:4054. Based on estimated enrollment trends, the financial plan shall26
specify projected revenues and expenses. Further, the plan shall specify all financial27
controls that will safeguard the received public funds.28 HLS 12RS-2264 ORIGINAL
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§4054. Approved and probationary status1
A. Upon successful application, each virtual school approved to operate in2
the state shall either be classified as a probationary or approved provider. All new3
providers, including those providers that had been previously approved in the state,4
shall be classified as probationary. The probationary period shall last for three years.5
Upon a satisfactory determination in the third subsequent year, as determined by the6
State Board of Elementary and Secondary Education, the provider shall be deemed7
an approved provider. The approved provider shall be issued a two-year, renewable8
contract. The approved provider shall be subject to biennial reviews by the State9
Board of Elementary and Secondary Education and biennial independent financial10
audits as specified in R.S. 17:4057. The approved provider shall continue to submit11
the annual performance report as provided in R.S. 17:4055 and the annual operations12
report as provided in R.S. 17:4056.13
B. If, as determined by the State Board of Elementary and Secondary14
Education in consideration of the reports provided for in this Chapter and any other15
relevant information, the provider does not meet the performance or operations16
goals, the provider shall be removed from the approved provider list and be placed17
back into probationary status, to once again complete a three-year probationary18
period. If, at the end of this probationary period, the provider has met the19
performance or operation goals as determined by the State Board of Elementary and20
Secondary Education, the provider shall be returned to approved provider status. If,21
at the end of this three-year probationary period, the provider has not met the22
performance or operation goals as determined by the State Board of Elementary and23
Secondary Education, the provider shall be closed and the charter or contract with24
the nonprofit enterprise shall be terminated and shall not be permitted to apply again25
for a minimum period of three years.26
C. Nothing in this Section shall be interpreted to limit the ability of the State27
Board of Elementary and Secondary Education or the legislature to terminate the28 HLS 12RS-2264 ORIGINAL
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charter or contract of a virtual school provider at any time for a showing of just1
cause.2
§4055. Annual performance report3
A. The governing authority of each virtual school shall annually submit to4
the State Board of Elementary and Secondary Education a complete and detailed5
performance report setting forth the following:6
(1) The student achievement levels and growth that the school demonstrates7
on all academic standards, as measured by the state assessment model approved by8
the State Board of Elementary and Secondary Education.9
(2) Average student daily attendance, as measured by participation in the10
instructional program.11
(3) Graduation rates, as applicable.12
(4) Enrollment of special needs students and students who are English13
language learners.14
(5) Academic activities and programs designed to serve diverse students.15
(6) The academic and disciplinary policies in effect for the previous year,16
including a copy of the student handbook.17
(7) All student disciplinary incidents and punishments, aggregated by each18
student, and the response of the school to each, including all incidents of cheating or19
plagiarism, as detailed in R.S. 17:4062.20
(8) The utilization of specific learning management and delivery tools.21
(9) The teacher evaluation plan in effect.22
(10) The name and certification status of all instructional staff, including the23
state of residence of all instructional staff.24
(11) The name and state of residence of all noncertified personnel employed25
by the virtual school, including any personnel involved in the assessment of student26
work.27
B. The virtual school shall comply with all reporting and data submission28
requirements required of other schools.29 HLS 12RS-2264 ORIGINAL
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C. With the exception of the disciplinary data in Paragraph (A)(7) of this1
Section, the annual performance report shall be treated as a public record and be2
available to the public.3
§4056. Annual operations report4
The governing authority of each virtual school shall annually submit to the5
State Board of Elementary and Secondary Education a complete and detailed6
operations report, which shall be treated as a public record and be available to the7
public, setting forth the following:8
(1) The accomplishments of the virtual school.9
(2) Efforts made to improve the programs and the delivery of instruction,10
including new technologies examined or implemented.11
(3) The marketing and operational plan for the virtual school, including12
recommendations regarding methods for improving the delivery of education13
through the Internet and other distance learning technologies.14
(4) The financial assets and liabilities of the virtual school at the end of each15
fiscal year.16
(5) The sufficiency of the funding received.17
(6) The purpose, monetary amount, and quality assurance mechanisms for18
all contracts with any outside entities amounting to more than ten thousand dollars.19
(7) Any other details deemed by the governing authority of the virtual school20
to be relevant to the successful operation of the virtual school.21
§4057. Independent financial audits22
A. Each virtual school operating in the state shall submit an independent23
audit to the State Board of Elementary and Secondary Education in accordance with24
R.S. 17:4054.25
(1) The audits shall:26
(a) Be conducted annually for the first three years of operation of the virtual27
school within the state.28 HLS 12RS-2264 ORIGINAL
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(b) Be conducted thereafter every two years, beginning with the fifth year1
of operation of the virtual school within the state.2
(c) Be conducted by an independent certified public accountant in3
accordance with the rules adopted by the state auditor.4
(d) Not be administered by any audit provider who has a conflict of interest.5
(2) The audit shall include but not be limited to a detailed account of the6
following:7
(a) All revenue and expenses deemed instructional.8
(b) All instructional related contracts with outside entities.9
(c) All revenue and expenses deemed noninstructional.10
(d) All noninstructional related contracts with outside entities.11
(e) All courses provided in the period under review, including the following:12
(i) The name of the teacher of record and any other instructional personnel.13
(ii) The number of students enrolled.14
(iii) The average daily attendance of each course, as measured by student15
participation in the instructional program.16
(iv) How the school is measuring and keeping accurate records of average17
daily attendance.18
(v) The state funding reimbursement generated by each course.19
(f) The assets and liabilities of the virtual school at the end of the fiscal year.20
(g) All donations, grants, and other income received by the virtual school21
and its governing authority during the fiscal year.22
(h) Any other information on the financial health and welfare commonly23
reported in accordance with the rules adopted by the state auditor.24
B. The State Board of Elementary and Secondary Education shall use the25
annual financial audits from all probationary and approved providers in determining26
the annual funding reimbursement rate for providers.27
C. The annual financial audits shall be treated as public records and be28
available to the public.29 HLS 12RS-2264 ORIGINAL
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§4058. Virtual teachers and staff1
A. To be a teacher in a virtual school responsible for student instruction, a2
teacher shall meet the following criteria:3
(1) Be a certified teacher in the state, including teachers who gained4
certification through alternative routes.5
(2) Hold a content specialization for any subject taught.6
(3) Possess documented completion of a state-approved program providing7
knowledge and skills in online instruction.8
B. The virtual school shall be required to do as follows:9
(1) Conduct a criminal background check on all employees.10
(2) Provide all instructional staff with a contract detailing their salary, fringe11
benefits, other conditions of employment and responsibilities, including12
responsibilities regarding online instruction and digital tools.13
(3) Maintain a confidential personnel record on all employees.14
(4) Provide annual professional development to all employees, including15
professional development on the use of virtual education technology.16
(5) Provide an experienced mentor teacher, with online instruction expertise,17
for the first year of instruction of all new instructional staff hired by the virtual18
school.19
(6) Comply with all other state laws.20
C. Teachers in a virtual school shall:21
(1) Be subject to evaluation as provided in under the assessment model22
approved by the State Board of Elementary and Secondary Education.23
(2) Be subject to termination as provided in Subpart A of Part II of Chapter24
2 of Title 17 of the Louisiana Revised Statutes of 1950.25
(3) Be provided terms and conditions of employment comparable to other26
public school teachers, including but not limited those related to tenure or due27
process protections, leaves of absence, sabbaticals, remuneration, collective28
bargaining, and other provisions.29 HLS 12RS-2264 ORIGINAL
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(4) Be provided employee benefits, including health coverage and1
participation in the Teachers' Retirement System of Louisiana.2
§4059. Accreditation of supplemental online instruction3
The State Board of Elementary and Secondary Education shall ensure that4
supplemental online instruction options offered by local education providers are5
included in school and district accreditation decisions, including but not limited to6
the accreditation decisions made by regional accreditation providers.7
§4060. Approval of supplemental online instruction8
The approval and oversight of supplemental online instruction shall remain9
with the city, parish, or other local school board, which shall ensure the following:10
(1) The curriculum and assessments comply with state content standards.11
(2) Instructional personnel meet the qualification criteria provided in R.S.12
17:4058.13
(3) Appropriate disciplinary procedures, including student due process14
protections, are followed.15
(4) Students are provided instruction on the use of the technology tools.16
(5) Students are provided the school's policies on cheating and plagiarism17
prior to beginning the coursework.18
(6) Final examinations are administered in a proctored environment as19
defined in R.S. 17:4051.20
(7) Any outside private or public entity contracted for instructional purposes21
shall meet all criteria provided in this Section and shall also meet the criteria for22
approved virtual schools provided in R.S. 17:4053(A)(3) through (10).23
§4061. Reporting of supplemental online instruction24
A local board of education engaging in supplemental online instruction,25
including credit recovery courses, shall annually submit a report to the State Board26
of Elementary and Secondary Education, which shall determine the requirements and27
deadlines of the report, which shall be treated as a public record and be available to28 HLS 12RS-2264 ORIGINAL
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the public. The report shall include but need not be limited to the following1
information:2
(1) The courses offered in the supplemental online instruction.3
(2) The number of student participants for each course.4
(3) The number of student credit hours attempted and obtained for credit5
recovery.6
(4) The number of student credit hours attempted and obtained for advanced7
placement credit.8
(5) The number of student credit hours attempted and obtained in9
conjunction with a community college program.10
(6) The cost associated with each course.11
(7) The usage of any outside private or public entities for instruction,12
including the following information:13
(a) The name of the provider.14
(b) The content or courses provided.15
(c) The monetary amount of the contract.16
(d) The mechanisms used to assure quality.17
§4062. Integrity of student learning and assessment18
Students in virtual learning environments shall be held to the same standards19
prohibiting cheating and plagiarism as students in traditional classroom20
environments. To ensure that students are learning and appropriately demonstrating21
their knowledge, each virtual school and supplemental online instruction program22
shall ensure the following:23
(1) The compulsory attendance requirements in Subpart C of Part III of24
Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950 are met by each25
student.26
(2) For every credit-bearing course, each student shall take any final27
examination or at least one exam or assignment in a proctored environment as28
defined in R.S. 17:4051.29 HLS 12RS-2264 ORIGINAL
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(3) Students participating in the state-mandated accountability measures1
shall take the examination with their peers at their local education provider. A2
virtual school shall notify local school districts of participating students within those3
districts' attendance boundaries and the level at which the students are to be assessed4
no later than October first. Each city, parish, or other local public school board shall5
ensure that virtual education students are permitted to take the mandated assessments6
with their traditional classroom peers.7
(4) For every credit-bearing course, students are provided multiple,8
synchronous learning opportunities with their teachers in which the students are9
required to participate and share their knowledge.10
(5) Each student is provided with a policy prohibiting cheating and11
plagiarism for each course.12
(6) Each student is provided instruction on avoiding cheating and plagiarism13
prior to enrolling in a course in each academic year.14
(7) Each instance of identified cheating or plagiarism is disciplined in15
accordance with appropriate due process procedures and reported to the State Board16
of Elementary and Secondary Education in accordance with R.S. 17:4055.17
§4063. Rules and regulations18
The State Board of Elementary and Secondary Education shall adopt rules19
in accordance with the Administrative Procedure Act establishing the standards for20
virtual schools and supplemental online instruction pursuant to this Chapter. The21
rules and regulations shall include but not limited to the establishment of quality22
standards in the following areas:23
(1) Concerning students:24
(a) Internet security.25
(b) Student academic performance and improvement.26
(c) Monitoring and assessment of student academic performance and27
improvement.28
(d) Course completion measurements.29 HLS 12RS-2264 ORIGINAL
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(e) Attendance tracking procedures.1
(f) Student discipline procedures, including policies regarding expulsion and2
suspension.3
(g) Data analysis, management, and reporting.4
(h) Guidance counseling.5
(i) Participation guidelines for extracurricular activities.6
(j) Engagement of parents and communities in online programs.7
(k) Provisions for students with special needs, including gifted and talented8
students and English language learners.9
(l) Training in how to use both the hardware and software associated with10
the online program.11
(2) Concerning teachers:12
(a) The required amount of teacher participation in the instructional program13
for each course.14
(b) The qualifications of mentor teachers.15
(c) The required elements of a program in online instruction necessary to16
become a virtual teacher, as prescribed in R.S. 17:4058.17
(d) The required amount of professional development yearly required of18
online instructors in technology-based instructional design.19
(e) The elements of an alternative certification program for teachers certified20
in other states, territories, or the District of Columbia of the United States.21
(f) The required qualifications of noncertified personnel involved in any22
assessment of student work.23
(3) Concerning programs:24
(a) An online program's governance, vision, and organization.25
(b) Standards-based curricula and data-driven instructional practices.26
(c) Technology capacity and support.27
(d) Sound financial and accounting practices and resources.28
(e) Program evaluation and improvement.29 HLS 12RS-2264 ORIGINAL
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(f) Details of the annual review process.1
(g) Approval of private or public outside contractors with public school2
districts for supplemental online instruction.3
(h) Approved private or public proctor options.4
(i) Appeal procedures for probationary status and contract termination5
determinations.6
(j) Professional development support mechanisms.7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
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)]
Brown HB No. 1157
Abstract: Provides relative to virtual schools and supplemental online instruction.
Proposed law provides relative to virtual schools and supplemental online instruction,
including the following:
(1)Defines a "virtual school" as a stand-alone, full-time public charter school offering
course credit to students within the state.
(2)Requires that virtual schools be accredited by organizations approved by the State
Board of Elementary and Secondary Education (BESE).
(3)Requires virtual school providers to be approved by BESE and provides for criteria
for approval.
(4)Requires the governing authority of each virtual school annually to submit to BESE
a performance report, an operations report, and an independent audit.
(5)Requires virtual school teachers to meet certain criteria relative to certification,
content specialization, and knowledge and skills relative to online instruction and
provides that they shall be subject to present law and present BESE policy relative
to evaluation, termination, and other terms and conditions of employment.
(6)Provides for accreditation, approval, and annual reporting requirements relative to
supplemental online instruction, defined as instruction provided for course credit by
a city, parish, or other local public school board; a course shall be deemed as HLS 12RS-2264 ORIGINAL
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supplemental online instruction if more than 50% of course activity takes place in
an online or distance learning environment.
(7)Provides that students in virtual learning environments shall be subject to present law
and present BESE policy relative to academic integrity, compulsory attendance, and
examinations.
(8)Requires BESE to adopt rules and regulations to establish standards for virtual
schools and supplemental online instruction.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:4051-4063)