ENROLLED
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ACT No. 275
Regular Session, 2012
HOUSE BILL NO. 707
BY REPRESENTATIVE SCHRODER
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
public elementary and secondary schools of this state, the complete implementation21
of the Louisiana Educational Assessment Program, the involvement of all federal22
instructional programs, vocational programs, special education programs, and23
teacher education programs in this state, and the pupil progression plans for the24
public elementary and secondary school systems of this state.25 ENROLLEDHB NO. 707
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(2) "The Louisiana Educational Assessment Program" means a process of1
measuring pupil performance in relation to grade appropriate skills, state curriculum2
content standards, and national educational indices.3
* * *4
(4) "The statewide curriculum content standards for required subjects" means5
the required subjects to be taught, curriculum guides which contain grade appropriate6
skills and competencies, suggested activities, suggested materials of instructions, and7
minimum required time allotments for instruction in all subjects are statements that8
define what a student should know or be able to accomplish at the end of a specific9
time period or grade level or at the completion of a course. Content standards shall10
represent the knowledge and skills needed for students to successfully transition to11
postsecondary education and the workplace, as determined by content experts,12
elementary and secondary educators and school leaders, postsecondary education13
leaders, and business and industry leaders.14
* * *15
E. The state Department of Education shall, with the approval of the State16
Board of Elementary and Secondary Education, as part of the Louisiana17
Competency-Based Education Program, develop and establish statewide curriculum18
content standards for required subjects to be taught in the public elementary and19
secondary schools of this state.; however, no such standards or scores shall exceed20
any national average standards, scores, or percentile rankings. The effective21
implementation date of the statewide curriculum standards for required subjects shall22
be the 1981-1982 school year. Development of such curriculum shall begin by the23
1979-1980 school year, and be piloted by the Department of Education during the24
1980-1981 school year. The statewide curriculum content standards for required25
subjects shall be implemented by the state Department of Education as approved by26
the State Board of Elementary and Secondary Education, with recommendations27
prior to approval and advice from the educational personnel in the public schools and28
colleges and universities of this state.29 ENROLLEDHB NO. 707
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F.(1)1
* * *2
(c) Criterion-referenced tests Standards-based assessments in English3
language arts, and mathematics, science, and social studies based on state content4
standards and rigorous student achievement standards set with reference to test5
scores of students of the same grade level nationally shall be piloted in grades four6
and eight during the 1997-1998 school year and implemented during the 1998-19997
school year if approved by the State Board of Elementary and Secondary Education.8
Such tests shall be administered, at a minimum, in grades three through eleven.9
Criterion-referenced tests in science and social studies based on state content10
standards and rigorous student achievement standards set with reference to test11
scores of students of the same grade level nationally shall be piloted in grades four12
and eight during the 1998-1999 school year and implemented during the 1999-200013
school year if approved by the State Board of Elementary and Secondary Education.14
(d) Beginning with the 2014-2015 school year, standards-based assessments15
implemented by the State Board of Elementary and Secondary Education in English16
language arts and mathematics shall be based on nationally recognized content17
standards that represent the knowledge and skills needed for students to successfully18
transition to postsecondary education and the workplace. High school level criterion-19
referenced tests based on state content standards and rigorous Rigorous student20
achievement standards shall be set with reference to test scores of students of the21
same grade level levels nationally in mathematics, English/language arts, science,22
and social studies shall be piloted during the 1999-2000 school year and23
implemented beginning with the 2000-2001 school year.24
(e) The rigor of each criterion-referenced test standards-based assessment,25
at a minimum, shall be comparable to those national achievement tests, administered26
as a part of including but not limited to the National Assessment of Education27
Progress.28
* * *29 ENROLLEDHB NO. 707
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(3)(a) In lieu of the criterion-referenced tests standards-based assessments1
prescribed in Subparagraphs (1)(c) and (d) of this Subsection and the tests prescribed2
in Paragraph (2) of this Subsection and beginning no later than July 1, 2000, an3
alternate assessment shall be provided for and administered only to those students4
with disabilities who meet specific eligibility criteria developed by the state5
Department of Education and approved by the State Board of Elementary and6
Secondary Education. A determination of whether any student meets the eligibility7
criteria established by the state Department of Education shall be made by the8
student's Individual Education Plan committee and shall be so noted on that student's9
Individual Education Plan. The alternate assessment developed pursuant to this10
Paragraph shall be administered on a schedule determined by the state Department11
of Education and approved by the State Board of Elementary and Secondary12
Education. The alternate assessment shall be part of the Louisiana Education13
Assessment Program otherwise provided for in this Subsection and the alternate14
assessment shall be used for information, accountability, compliance, and planning15
purposes as provided by the State Board of Elementary and Secondary Education.16
(b)17
* * *18
(ii) Students with persistent academic disabilities shall be allowed to take19
academic assessments that are sensitive to measuring progress in their learning and20
that recognize their individual needs. Academic assessments are to be geared21
specifically toward accommodating students to enable them to perform on criterion-22
referenced tests standards-based assessments prescribed in Subparagraphs (1)(c) and23
(d) of this Subsection and the norm-referenced tests prescribed in Paragraph (2) of24
this Subsection. Such accommodations shall include at a minimum verbalized test25
questions and shall provide for writing assistance of a scribe and any other26
accommodations deemed appropriate by the student's Individual Education Plan27
committee. However, any such accommodations shall not breach test security or28
invalidate the meaning of the test score or the purpose of the test.29
* * *30 ENROLLEDHB NO. 707
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(4)(a) In addition to the other requirements of this Subsection, the1
department state Department of Education shall establish, subject to the approval of2
the State Board of Elementary and Secondary Education, the results level of3
achievement on certain of the tests or on certain portions of the tests given as4
required in this Subsection in third and seventh grade as indicative of the student's5
proficiency in at least mathematics and reading or language arts and the level of6
achievement on certain of the tests or on certain portions of the tests administered7
in fourth and eighth grade grades and at the secondary level as definitive of the level8
of the student's proficiency in mathematics, English language arts, science, and9
social studies. The level of proficiency required of fourth Fourth and eighth grade10
students shall be required to demonstrate proficiency on such tests in order to11
proceed with their schooling without intervention shall be established advance to12
grades five and nine, pursuant to rules adopted by the State Board of Elementary and13
Secondary Education by rule adopted in accordance with the Administrative14
Procedure Act. and Such proficiency levels shall be set with reference to test scores15
of students of the same grade level nationally. However, by not later than December16
30, 2009, the state superintendent of education shall submit recommendations to the17
board for expanding the opportunities, in limited circumstances, for students who fail18
to achieve the required proficiency levels to be promoted to grades five and nine, and19
by not later than January 30, 2010, the board shall approve and implement such20
recommendations. Additionally, the board shall make information available to the21
public and to the House Committee on Education and the Senate Committee on22
Education indicating where a sample of students who score at the state's proficiency23
level on the state criterion-referenced tests score on a national norm-referenced test.24
The department shall establish, subject to the approval of the State Board of25
Elementary and Secondary Education, the nature and application of various26
intervention options in the case of a failure to demonstrate proficiency, which may27 ENROLLEDHB NO. 707
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include remediation, retention in grade, an alternative placement in succeeding1
grades, or any other option which will support a student's achieving the required2
proficiency level.3
* * *4
G. 5
* * *6
(4)(a) The governing body of each school with students required by law or7
a rule of the State Board of Elementary and Secondary Education to participate in the8
Louisiana Educational Assessment Program shall develop a policy with the9
participation and input of the committee provided for in this Subsection which shall,10
at a minimum, conform to any rule adopted by the State Board of Elementary and11
Secondary Education regarding pupil promotion. Following this policy, each teacher12
shall, on an individualized basis, determine promotion or placement of each student.13
Each such governing body may review promotion and placement decisions in order14
to insure ensure compliance with its established policy. Review may be initiated by15
the governing body, the superintendent, or a student's parent or guardian. Those16
students who fail to meet required achievement levels on the state administered17
criterion-referenced tests standards-based assessments of the Louisiana Educational18
Assessment Program shall be offered education programs designed to accelerate19
progress that comply with regulations adopted by the State Board of Elementary and20
Secondary Education. Such programs shall include, at a minimum, the offering of21
a summer school remediation program to all students who do not meet the minimum22
achievement level necessary to be fully promoted to the fifth or ninth grade as23
established by the State Board of Elementary and Secondary Education rule.24
* * *25 ENROLLEDHB NO. 707
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Section 2. R.S. 17:24.4(F)(2) is hereby repealed in its entirety.1
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: