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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 an assessment of academic grade level;3
to provide for creation of an academic plan; to provide for submission of the4
academic plan and reports to the court; to provide certain procedures, terms and5
conditions; and to provide for 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 secure custody of the Department of11
Public Safety and Corrections following an adjudication of delinquency, the12
department shall assess the child's academic grade level using a research based13
diagnostic tool within thirty days of the child's admission to a secure care14
facility.15
B. The department shall develop a written academic plan for the child16
based upon all of the following criteria for each individual child:17 SB NO. 156
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(1) Grade level diagnostic test results.1
(2) Past academic performance.2
(3) The individualized education plan or individualized learning plan, as3
applicable.4
(4) The length of time the child will be in the department's secure5
custody.6
C. If the child tests at grade level or above, the individualized education7
plan or individualized learning plan shall be structured to allow the child to8
timely prepare for or earn a high school diploma, General Equivalency Degree9
or certificate of achievement from the Special School District, during the period10
the child is in the department's secure custody.11
D. If the child tests below grade level, the individualized education plan12
or individualized learning plan shall be structured, depending on the child's13
abilities, to bring the child's academic performance up to grade level or as14
reasonably close thereto as possible, during the period the child is in the15
department's secure custody.16
E. The department shall submit the individualized education plan or17
individualized learning plan to the court within forty-five days of the child's18
admission to the secure care facility and a copy shall be provided to the parents19
or guardian of the child, the district attorney, and counsel for the child at the20
time it is submitted to the court.21
F. A report on the child's academic progress shall be included in the22
department's quarterly report to the court.23
G. Upon discharge from the department's custody, a copy of the child's24
academic plan and all progress reports shall be provided to the child's parents25
or guardian. The department shall provide this information to the school or26
academic program in which the child is thereafter enrolled upon written27
request.28
Section 2.A.(1) The legislature finds that the Louisiana Office of Juvenile Justice29 SB NO. 156
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(OJJ) operates secure care facilities for youth adjudicated delinquent and placed in its1
custody for secure care by a court. There are three facilities for males and one for females.2
There is an alternative school at each facility.3
(2) R.S. 17:100.1 provides that an alternative school located in a secure care facility4
is a public school and, as such, it is included by the State Board of Elementary and5
Secondary Education in the formula used to determine the cost of the Minimum Foundation6
Program in all public elementary and secondary schools.7
(3) OJJ receives 100% of the Minimum Foundation Program funding for each8
student in its care. Approximately 300 students per year attend the alternative schools at OJJ9
facilities.10
B. According to statistics compiled by the National Assessment of Adult Literacy11
(NAAL), nearly 85% of American youth in the juvenile court system are functionally12
illiterate and more than 70% of adult prison inmates cannot read above a fourth-grade level.13
C. Improved literacy among youth in OJJ custody will provide a foundation for these14
young people's future success and reduce juvenile delinquency recidivism rates.15
D. Therefore, it is the public policy of Louisiana that education is one of the most16
important aspects of delinquency rehabilitation and that improving reading skills is of the17
highest priority for the juvenile justice system. The purpose of this legislation is to18
implement that policy by providing a uniform system of measurement, accountability, and19
transparency regarding the academic progress of incarcerated youth to their parents, the20
courts, and to the public.21
Section 3. This Act shall become effective upon signature of the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 SB NO. 156
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The original instrument was prepared by Julie J. Baxter. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Martha Hess.
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 30 days of a child's admission to a secure care
facility assess the child's academic grade level using a research based diagnostic tool.
Proposed law (Ch. C. Art. 905.1) provides that when a child is assigned to the secure custody
of DPSC following an adjudication of delinquency, DPSC shall assess the child's academic
grade level using a research based diagnostic tool within 30 days of the child's admission.
DPSC shall develop a written academic plan to improve the child's academic performance
which plan shall be submitted to the court within 45 days of the child's admission to the
secure facility, with copies to the child's parents or guardian, district attorney and counsel
for the child. Also provides for DPSC to include a report on the child's academic progress
in the department's quarterly report to the court. 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 to the school or academic program in which the child is
thereafter enrolled upon written request.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds Ch. C. Art. 905.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the
engrossed bill
1. Clarifies that the assessment shall occur following an adjudication of
delinquency and admission to a secure care facility.
2. Changes the type and time of the assessment from one assessing the child's
reading ability within 15 days after admission to a secure facility to one
assessing the child's academic grade level using a research based diagnostic
tool within 30 days after admission to a secure care facility.
3. Sets forth the criteria upon which the academic plan is to be based for each
individual child.
4. Changes the provisions regarding the structure of the academic plan
depending upon whether the child tests at grade level or above or tests below
grade level.
5. Requires the department to submit the individualized education plan or
individualized learning plan to the court within 45 days of the child's
admission to the secure care facility.
6. Removes requirement for court approval of the academic plan.
7. Provides that a report on the child's academic progress shall be included in
the department's quarterly report to the court.
8. Provides that, after discharge from the department's custody, the department SB NO. 156
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shall provide information to the school in which the child is thereafter
enrolled upon written request.
9. Deletes provision authorizing electronic transmission of the academic plan.