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Regular Session, 2012
SENATE BILL NO. 156
BY SENATORS MURRAY AND MORRELL
CHILDREN'S CODE. Provides for academic plan for children committed to the
Department of Public Safety and Corrections. (gov sig)
AN ACT1
To enact Children's Code Art. 905.1, relative to children committed to the Department of2
Public Safety and Corrections; to provide for assessment of reading ability; to3
provide for creation of an academic plan and timetable; to provide for court4
approval; to provide certain procedures, terms and conditions; and to provide for5
related matters. 6
Be it enacted by the Legislature of Louisiana:7
Section 1. Children's Code Art. 905.1 is hereby enacted to read as follows:8
Art. 905.1. Academic plan for children committed to the Department of Public9
Safety and Corrections10
A. When a child is assigned to the custody of the Department of Public11
Safety and Corrections, the department shall assess the child to determine his12
reading ability. Such assessment shall occur within fifteen days of the child's13
admission to a secure care facility.14
(1) If the child's reading ability is at grade level or above, the15
department shall devise a written academic plan and timetable that will allow16
the child to earn a high school diploma, General Equivalency Degree or17 SB NO. 156
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certificate of achievement from the Special School District, while he is in the1
department's custody.2
(2) If the child's reading ability is below grade level, the department3
shall devise a written academic plan and timetable to improve the child's4
reading ability up to grade level, or up to a minimum of two grade levels higher5
than the child's assessed reading ability grade level, while the child is in the6
department's custody.7
B. The department shall submit the academic plan and timetable to the8
court for approval. A copy of the plan and timetable, along with the reading9
assessment, shall be provided to the parents or guardian of the child, the district10
attorney, and counsel for the child at the time it is submitted to the court.11
C. The court may approve the academic plan and timetable without a12
hearing. On motion of the parents or guardian of the child, the district13
attorney, or counsel for the child, the court shall set a hearing on the proposed14
academic plan and timetable. Such motion shall be filed within five days of the15
department submitting the plan to the court.16
D. The department shall provide a quarterly report to the court on the17
child's academic progress, unless the court determines that the best interests of18
the child requires the report to be provided more frequently.19
E. Upon discharge from the department's custody, a copy of the child's20
academic plan and all progress reports shall be provided to the child's parents21
or guardian, and to the school or academic program in which he is enrolled22
upon release.23
F. The academic plan, timetable and progress reports may be provided24
to the court and all parties by electronic transmission.25
Section 2. The legislature finds that the Louisiana Office of Juvenile Justice (OJJ)26
operates secure care facilities for youth adjudicated delinquent and placed in its custody for27
secure care by a court. There are three facilities for males and one for females. There is an28
alternative school at each facility.29 SB NO. 156
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R.S. 17:100.1 provides that an alternative school located in a secure care facility is1
a public school and, as such, it is included by the State Board of Elementary and Secondary2
Education in the formula used to determine the cost of the Minimum Foundation Program3
in all public elementary and secondary schools.4
OJJ receives 100% of the Minimum Foundation Program funding for each student5
in its care. Approximately 300 students per year attend the alternative schools at OJJ6
facilities.7
According to statistics compiled by the National Assessment of Adult Literacy8
(NAAL), nearly 85% of American youth in the juvenile court system are functionally9
illiterate and more than 70% of adult prison inmates cannot read above a fourth-grade level.10
Improved literacy among youth in OJJ custody will provide a foundation for these11
young people's future success and reduce juvenile delinquency recidivism rates.12
Therefore, it is the public policy of Louisiana that education is one of the most13
important aspects of delinquency rehabilitation and that improving reading skills is of the14
highest priority for the juvenile justice system. The purpose of this legislation is to15
implement that policy by providing a uniform system of measurement, accountability, and16
transparency regarding the academic progress of incarcerated youth to their parents, the17
courts, and to the public.18
Section 3. This Act shall become effective upon signature of the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If21
vetoed by the governor and subsequently approved by the legislature, this Act shall become22
effective on the day following such approval.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Murray (SB 156)
Proposed law in Children's Code (Ch. C. Art. 905.1) provides that Department of Public
Safety and Corrections (DPSC) shall, within 15 days of a child's admission to a secure care
facility assess the child's reading ability grade level.
Proposed law (Ch. C. Art. 905.1) requires DPSC to develop an academic plan and timetable SB NO. 156
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to improve the child's reading ability and present such plan and timetable (by electronic
means, if so desired) to a court for approval, with copies to the child's parents or guardian,
district attorney and counsel for the child. Provides that the court may approve without a
hearing or any of these parties may request a court hearing regarding approval of the plan.
Also provides for DPSC to submit a quarterly report to the court on the child's progress
under the plan, or more frequent reports if that is determined by the court to be in the best
interest of the child. Upon the child's discharge from DPSC custody, DPSC will provide a
copy of the child's academic plan and all progress reports to the child's parents or guardian
and the school where the child enrolls upon release.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds Ch. C. Art. 905.1)