Louisiana 2012 2012 Regular Session

Louisiana House Bill HB707 Engrossed / Bill

                    HLS 12RS-989	REENGROSSED
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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	REENGROSSED
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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	REENGROSSED
HB NO. 707
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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	REENGROSSED
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(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 including but not limited to the National Assessment of Education3
Progress.4
*          *          *5
(3)(a)  In lieu of the criterion-referenced tests standards-based assessments6
prescribed in Subparagraphs (1)(c) and (d) of this Subsection and the tests prescribed7
in Paragraph (2) of this Subsection and beginning no later than July 1, 2000, an8
alternate assessment shall be provided for and administered only to those students9
with disabilities who meet specific eligibility criteria developed by the state10
Department of Education and approved by the State Board of Elementary and11
Secondary Education. A determination of whether any student meets the eligibility12
criteria established by the state Department of Education shall be made by the13
student's Individual Education Plan committee and shall be so noted on that student's14
Individual Education Plan.  The alternate assessment developed pursuant to this15
Paragraph shall be administered on a schedule determined by the state Department16
of Education and approved by the State Board of Elementary and Secondary17
Education. The alternate assessment shall be part of the Louisiana Education18
Assessment Program otherwise provided for in this Subsection and the alternate19
assessment shall be used for information, accountability, compliance, and planning20
purposes as provided by the State Board of Elementary and Secondary Education.21
(b)22
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(ii) Students with persistent academic disabilities shall be allowed to take24
academic assessments that are sensitive to measuring progress in their learning and25
that recognize their individual needs. Academic assessments are to be geared26
specifically toward accommodating students to enable them to perform on criterion-27
referenced tests standards-based assessments prescribed in Subparagraphs (1)(c) and28
(d) of this Subsection and the norm-referenced tests prescribed in Paragraph (2) of29 HLS 12RS-989	REENGROSSED
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this Subsection. Such accommodations shall include at a minimum verbalized test1
questions and shall provide for writing assistance of a scribe and any other2
accommodations deemed appropriate by the student's Individual Education Plan3
committee. However, any such accommodations shall not breach test security or4
invalidate the meaning of the test score or the purpose of the test.5
*          *          *6
(4)(a) In addition to the other requirements of this Subsection, the7
department state Department of Education shall establish, subject to the approval of8
the State Board of Elementary and Secondary Education, the 	results level of9
achievement on certain of the tests or on certain portions of the tests given as10
required in this Subsection in third and seventh grade as indicative of the student's11
proficiency in at least mathematics and reading or language arts and the level of12
achievement on certain of the tests or on certain portions of the tests administered13
in fourth and eighth grade grades  and at the secondary level as definitive of the level14
of the student's proficiency in mathematics, English language arts, science, and15
social studies.  The level of proficiency required of fourth Fourth and eighth grade16
students shall be required to demonstrate proficiency on such tests in order to17
proceed with their schooling without intervention shall be established advance to18
grades five and nine, pursuant to rules adopted by the State Board of Elementary and19
Secondary Education by rule adopted in accordance with the Administrative20
Procedure Act. and Such proficiency levels shall be set with reference to test scores21
of students of the same grade level nationally.  However, by not later than December22
30, 2009, the state superintendent of education shall submit recommendations to the23
board for expanding the opportunities, in limited circumstances, for students who fail24
to achieve the required proficiency levels to be promoted to grades five and nine, and25
by not later than January 30, 2010, the board shall approve and implement such26
recommendations.  Additionally, the board shall make information available to the27
public and to the House Committee on Education and the Senate Committee on28
Education indicating where a sample of students who score at the state's proficiency29 HLS 12RS-989	REENGROSSED
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level on the state criterion-referenced tests score on a national norm-referenced test.1
The department shall establish, subject to the approval of the State Board of2
Elementary and Secondary Education, the nature and application of various3
intervention options in the case of a failure to demonstrate proficiency, which may4
include remediation, retention in grade, an alternative placement in succeeding5
grades, or any other option which will support a student's achieving the required6
proficiency level.7
*          *          *8
G. 9
*          *          *10
(4)(a) The governing body of each school with students required by law or11
a rule of the State Board of Elementary and Secondary Education to participate in the12
Louisiana Educational Assessment Program shall develop a policy with the13
participation and input of the committee provided for in this Subsection which shall,14
at a minimum, conform to any rule adopted by the State Board of Elementary and15
Secondary Education regarding pupil promotion. Following this policy, each teacher16
shall, on an individualized basis, determine promotion or placement of each student.17
Each such governing body may review promotion and placement decisions in order18
to insure ensure compliance with its established policy.  Review may be initiated by19
the governing body, the superintendent, or a student's parent or guardian. Those20
students who fail to meet required achievement levels on the state administered21
criterion-referenced tests standards-based assessments of the Louisiana Educational22
Assessment Program shall be offered education programs designed to accelerate23
progress that comply with regulations adopted by the State Board of Elementary and24
Secondary Education. Such programs shall include, at a minimum, the offering of25
a summer school remediation program to all students who do not meet the minimum26
achievement level necessary to be fully promoted to the fifth or ninth grade as27
established by the State Board of Elementary and Secondary Education rule.28
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Section 2.  R.S. 17:24.4(F)(2) is hereby repealed in its entirety.1
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, 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 to be administered, if available, to at least a sample of fourth and eighth graders.
Proposed law deletes present law. HLS 12RS-989	REENGROSSED
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Present law requires the state Dept. of Education to establish the following for certain tests
(or certain portions thereof):
(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))