HLS 12RS-989 ORIGINAL Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 707 BY REPRESENTATIVE SCHRODER STUDENT/ASSESSMENT: Provides relative to student assessment and statewide education standards AN ACT1 To amend and reenact R.S. 17:24.4(A)(1), (2), and (4), (E), (F)(1)(c), (d), and (e), (3)(a) and2 (b)(ii), and (4)(a), and (G)(4)(a) and to repeal R.S. 17:24.4(F)(2), relative to the3 Louisiana Competency-Based Education Program and the Louisiana Educational4 Assessment Program; to provide relative to standards; to provide relative to testing;5 to provide relative to terminology and definitions; and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 17:24.4(A)(1), (2), and (4), (E), (F)(1)(c), (d), and (e), (3)(a) and8 (b)(ii), and (4)(a), and (G)(4)(a) are hereby amended and reenacted to read as follows: 9 ยง24.4. Louisiana Competency-Based Education Program; statewide standards for10 required subjects; Louisiana Educational Assessment Program; parish or city11 school board comprehensive pupil progression plans; waivers12 A. As used in this Section, the following words, terms, and phrases shall13 have the meaning ascribed to them in this Subsection, except when the context14 clearly indicates a different meaning:15 (1) "The Louisiana Competency-Based Education Program" means the16 coordination of all existing statutory provisions and State Board of Elementary and17 Secondary Education policies and guidelines to be implemented by the state18 Department of Education which affect pupil performance with the development and19 establishment of statewide curriculum content standards for required subjects for the20 HLS 12RS-989 ORIGINAL HB NO. 707 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. public elementary and secondary schools of this state, the complete implementation1 of the Louisiana Educational Assessment Program, the involvement of all federal2 instructional programs, vocational programs, special education programs, and3 teacher education programs in this state, and the pupil progression plans for the4 public elementary and secondary school systems of this state.5 (2) "The Louisiana Educational Assessment Program" means a process of6 measuring pupil performance in relation to grade appropriate skills, state curriculum7 content standards, and national educational indices.8 * * *9 (4) "The statewide curriculum content standards for required subjects" means10 the required subjects to be taught, curriculum guides which contain grade appropriate11 skills and competencies, suggested activities, suggested materials of instructions, and12 minimum required time allotments for instruction in all subjects are statements that13 define what a student should know or be able to accomplish at the end of a specific14 time period or grade level or at the completion of a course. Content standards shall15 represent the knowledge and skills needed for students to successfully transition to16 postsecondary education and the workplace, as determined by content experts,17 elementary and secondary educators and school leaders, postsecondary education18 leaders, and business and industry leaders.19 * * *20 E. The state Department of Education shall, with the approval of the State21 Board of Elementary and Secondary Education, as part of the Louisiana22 Competency-Based Education Program, develop and establish statewide curriculum23 content standards for required subjects to be taught in the public elementary and24 secondary schools of this state.; however, no such standards or scores shall exceed25 any national average standards, scores, or percentile rankings. The effective26 implementation date of the statewide curriculum standards for required subjects shall27 be the 1981-1982 school year. Development of such curriculum shall begin by the28 1979-1980 school year, and be piloted by the Department of Education during the29 HLS 12RS-989 ORIGINAL HB NO. 707 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 1980-1981 school year. The statewide curriculum content standards for required1 subjects shall be implemented by the state Department of Education as approved by2 the State Board of Elementary and Secondary Education, with recommendations3 prior to approval and advice from the educational personnel in the public schools and4 colleges and universities of this state.5 F.(1)6 * * *7 (c) Criterion-referenced tests Standards-based assessments in English8 language arts, and mathematics, science, and social studies based on state content9 standards and rigorous student achievement standards set with reference to test10 scores of students of the same grade level nationally shall be piloted in grades four11 and eight during the 1997-1998 school year and implemented during the 1998-199912 school year if approved by the State Board of Elementary and Secondary Education.13 Such tests shall be administered, at a minimum, in grades three through eleven.14 Criterion-referenced tests in science and social studies based on state content15 standards and rigorous student achievement standards set with reference to test16 scores of students of the same grade level nationally shall be piloted in grades four17 and eight during the 1998-1999 school year and implemented during the 1999-200018 school year if approved by the State Board of Elementary and Secondary Education.19 (d) Beginning with the 2014-2015 school year, standards-based assessments20 implemented by the State Board of Elementary and Secondary Education in English21 language arts and mathematics shall be based on nationally recognized content22 standards that represent the knowledge and skills needed for students to successfully23 transition to postsecondary education and the workplace. High school level criterion-24 referenced tests based on state content standards and rigorous Rigorous student25 achievement standards shall be set with reference to test scores of students of the26 same grade level levels nationally in mathematics, English/language arts, science,27 and social studies shall be piloted during the 1999-2000 school year and28 implemented beginning with the 2000-2001 school year.29 HLS 12RS-989 ORIGINAL HB NO. 707 Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (e) The rigor of each criterion-referenced test standards-based assessment,1 at a minimum, shall be comparable to those national achievement tests administered2 as a part of such as the National Assessment of Education Progress.3 * * *4 (3)(a) In lieu of the criterion-referenced tests standards-based assessments5 prescribed in Subparagraphs (1)(c) and (d) of this Subsection and the tests prescribed6 in Paragraph (2) of this Subsection and beginning no later than July 1, 2000, an7 alternate assessment shall be provided for and administered only to those students8 with disabilities who meet specific eligibility criteria developed by the state9 Department of Education and approved by the State Board of Elementary and10 Secondary Education. A determination of whether any student meets the eligibility11 criteria established by the state Department of Education shall be made by the12 student's Individual Education Plan committee and shall be so noted on that student's13 Individual Education Plan. The alternate assessment developed pursuant to this14 Paragraph shall be administered on a schedule determined by the state Department15 of Education and approved by the State Board of Elementary and Secondary16 Education. The alternate assessment shall be part of the Louisiana Education17 Assessment Program otherwise provided for in this Subsection and the alternate18 assessment shall be used for information, accountability, compliance, and planning19 purposes as provided by the State Board of Elementary and Secondary Education.20 (b)21 * * *22 (ii) Students with persistent academic disabilities shall be allowed to take23 academic assessments that are sensitive to measuring progress in their learning and24 that recognize their individual needs. Academic assessments are to be geared25 specifically toward accommodating students to enable them to perform on criterion-26 referenced tests standards-based assessments prescribed in Subparagraphs (1)(c) and27 (d) of this Subsection and the norm-referenced tests prescribed in Paragraph (2) of28 this Subsection. Such accommodations shall include at a minimum verbalized test29 HLS 12RS-989 ORIGINAL HB NO. 707 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. questions and shall provide for writing assistance of a scribe and any other1 accommodations deemed appropriate by the student's Individual Education Plan2 committee. However, any such accommodations shall not breach test security or3 invalidate the meaning of the test score or the purpose of the test.4 * * *5 (4)(a) In addition to the other requirements of this Subsection, the6 department state Department of Education shall establish, subject to the approval of7 the State Board of Elementary and Secondary Education, the results level of8 achievement on certain of the tests or on certain portions of the tests given as9 required in this Subsection in third and seventh grade as indicative of the student's10 proficiency in at least mathematics and reading or language arts and the level of11 achievement on certain of the tests or on certain portions of the tests administered12 in fourth and eighth grade grades and at the secondary level as definitive of the level13 of the student's proficiency in mathematics, English language arts, science, and14 social studies. The level of proficiency required of fourth Fourth and eighth grade15 students shall be required to demonstrate proficiency on such tests in order to16 proceed with their schooling without intervention shall be established advance to17 grades five and nine, pursuant to rules adopted by the State Board of Elementary and18 Secondary Education by rule adopted in accordance with the Administrative19 Procedure Act. and Such proficiency levels shall be set with reference to test scores20 of students of the same grade level nationally. However, by not later than December21 30, 2009, the state superintendent of education shall submit recommendations to the22 board for expanding the opportunities, in limited circumstances, for students who fail23 to achieve the required proficiency levels to be promoted to grades five and nine, and24 by not later than January 30, 2010, the board shall approve and implement such25 recommendations. Additionally, the board shall make information available to the26 public and to the House Committee on Education and the Senate Committee on27 Education indicating where a sample of students who score at the state's proficiency28 level on the state criterion-referenced tests score on a national norm-referenced test.29 HLS 12RS-989 ORIGINAL HB NO. 707 Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. The department shall establish, subject to the approval of the State Board of1 Elementary and Secondary Education, the nature and application of various2 intervention options in the case of a failure to demonstrate proficiency, which may3 include remediation, retention in grade, an alternative placement in succeeding4 grades, or any other option which will support a student's achieving the required5 proficiency level.6 * * *7 G. 8 * * *9 (4)(a) The governing body of each school with students required by law or10 a rule of the State Board of Elementary and Secondary Education to participate in the11 Louisiana Educational Assessment Program shall develop a policy with the12 participation and input of the committee provided for in this Subsection which shall,13 at a minimum, conform to any rule adopted by the State Board of Elementary and14 Secondary Education regarding pupil promotion. Following this policy, each teacher15 shall, on an individualized basis, determine promotion or placement of each student.16 Each such governing body may review promotion and placement decisions in order17 to insure ensure compliance with its established policy. Review may be initiated by18 the governing body, the superintendent, or a student's parent or guardian. Those19 students who fail to meet required achievement levels on the state administered20 criterion-referenced tests standards-based assessments of the Louisiana Educational21 Assessment Program shall be offered education programs designed to accelerate22 progress that comply with regulations adopted by the State Board of Elementary and23 Secondary Education. Such programs shall include, at a minimum, the offering of24 a summer school remediation program to all students who do not meet the minimum25 achievement level necessary to be fully promoted to the fifth or ninth grade as26 established by the State Board of Elementary and Secondary Education rule.27 * * *28 Section 2. R.S. 17:24.4(F)(2) is hereby repealed in its entirety.29 HLS 12RS-989 ORIGINAL HB NO. 707 Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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)] Schroder HB No. 707 Abstract: Provides relative to the La. Competency-Based Education Program and the La. Educational Assessment Program (LEAP). Present law, relative to the La. Competency-Based Education Program (LEAP), provides for certain provisions and terminology with respect to "curriculum standards" and "criterion- referenced tests". Proposed law makes the following changes to present law: Standards Present law refers to statewide "curriculum standards". Proposed law changes this terminology to "content standards". Present law defines "curriculum standards" as required subjects to be taught, curriculum guides which contain grade appropriate skills and competencies, suggested activities and instruction materials, and minimum required time allotments for instruction in all subjects. Proposed law defines "content standards" as statements that define what a student should know or be able to accomplish at the end of a specific time period or grade level or at the completion of a course. Further provides that "content standards" shall represent the knowledge and skills needed for students to successfully transition to postsecondary education and the workplace, as determined by content experts, elementary and secondary educators and school leaders, postsecondary education leaders, and business and industry leaders. Present law provides that no curriculum standards or scores shall exceed any national average standards, scores, or percentile rankings. Proposed law deletes present law. Testing Present law refers to "criterion-referenced tests". Proposed law changes this terminology to "standards-based assessments". Present law provides for criterion-referenced tests in English language arts, mathematics, science, and social studies in grades four and eight and at the high school level. Proposed law instead provides for standards-based assessments in these subjects in grades three through 11, at minimum. Adds that beginning with the 2014-2015 school year, the standards-based assessments implemented by BESE in English language arts and mathematics shall be based on nationally recognized content standards that represent the knowledge and skills needed for students to successfully transition to postsecondary education and the workplace. Present law provides that LEAP shall include one criterion-referenced test, one national norm-referenced test, or one augmented norm-referenced test, given to students statewide in grades three, five, six, seven, and nine. Requires the National Assessment of Educational Progress (NEAP) to be administered, if available, to at least a sample of fourth and eighth graders. Proposed law deletes present law. Present law requires the state Dept. of Education to establish the following for certain tests (or certain portions thereof): HLS 12RS-989 ORIGINAL HB NO. 707 Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (1)For third and seventh grades: the results as indicative of student proficiency in at least mathematics and reading or language arts. (2)For fourth and eight grades and the secondary level: the level of achievement as definitive of the level of student proficiency in mathematics, English language arts, science, and social studies. Proposed law eliminates requirements relative to third and seventh grades and the secondary level and retains such requirement relative to fourth and eighth grades. Present law requires BESE to establish the level of proficiency required of fourth and eighth grade students in order to proceed with their schooling without intervention. Proposed law instead requires these students to demonstrate proficiency in order to advance to grades five and nine. Present law provides for the following requirements: (1)Requires the state superintendent of education to submit recommendations to BESE for expanding opportunities for students who fail to achieve the required proficiency levels to be promoted to grades five and nine. (2)Requires BESE: (a)To have approved and implemented these recommendations by Jan. 10, 2010. (b)To make information available to the public and House and Senate education committees indicating where a sample of students scoring at the state's proficiency level on the state criterion-referenced tests score on a national norm-referenced test. Proposed law deletes each of these present law requirements. (Amends R.S. 17:24.4(A)(1), (2), and (4), (E), (F)(1)(c), (d), and (e), (3)(a) and (b)(ii), and (4)(a), and (G)(4)(a); Repeals R.S. 17:24.4(F)(2))