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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 156
BY SENATORS MURRAY AND MORRELL
AN ACT1
To enact Children's Code Article 905.1, relative to children committed to the Department2
of Public Safety and Corrections; to provide for an assessment of academic grade3
level; 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 Article 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
(1) Grade level diagnostic test results.18
(2) Past academic performance.19
(3) The individualized education plan or individualized learning plan, as20
applicable.21
(4) The length of time the child will be in the department's secure22
custody.23
C. If the child tests at grade level or above, the individualized education24
plan or individualized learning plan shall be structured to allow the child to25
timely prepare for or earn a high school diploma, General Educational26
Development Certification or certificate of achievement from the Special School27
ACT No. 629 SB NO. 156 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
District, during the period the child is in the department's secure custody.1
D. If the child tests below grade level, the individualized education plan2
or individualized learning plan shall be structured, depending on the child's3
abilities, to bring the child's academic performance up to grade level or as4
reasonably close thereto as possible, during the period the child is in the5
department's secure custody.6
E. The department shall submit the individualized education plan or7
individualized learning plan to the court within forty-five days of the child's8
admission to the secure care facility and a copy shall be provided to the parents9
or guardian of the child, the district attorney, and counsel for the child at the10
time it is submitted to the court.11
F. A report on the child's academic progress shall be included in the12
department's quarterly report to the court.13
G. Upon discharge from the department's custody, a copy of the child's14
academic plan and all progress reports shall be provided to the child's parents15
or guardian. The department shall provide this information to the school or16
academic program in which the child is thereafter enrolled upon written17
request.18
Section 2. The legislature finds the following:19
(A)(1) The Louisiana Office of Juvenile Justice, hereinafter referred to in this20
Section as "OJJ", operates secure care facilities for youth adjudicated delinquent and placed21
in its custody for secure care by a court. There are three facilities for males and one for22
females. There is an alternative school at each facility.23
(2) R.S. 17:100.1 provides that an alternative school located in a secure care facility24
is a public school and, as such, it is included by the State Board of Elementary and25
Secondary Education in the formula used to determine the cost of the Minimum Foundation26
Program in all public elementary and secondary schools.27
(3) OJJ receives one hundred percent of the Minimum Foundation Program funding28
for each student in its care. Approximately three hundred students per year attend the29
alternative schools at OJJ facilities.30 SB NO. 156 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
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(4) According to statistics compiled by the National Assessment of Adult Literacy1
(NAAL), nearly eighty-five percent of American youth in the juvenile court system are2
functionally illiterate and more than seventy percent of adult prison inmates cannot read3
above a fourth-grade level. 4
(5) Improved literacy among youth in OJJ custody will provide a foundation for5
these young people's future success and reduce juvenile delinquency recidivism rates.6
(B) Therefore, it is the public policy of Louisiana that education is one of the most7
important aspects of delinquency rehabilitation and that improving reading skills is of the8
highest priority for the juvenile justice system.9
(C) The purpose of this Act is to implement the policy stated in Subsection (B) of10
this Section by providing a uniform system of measurement, accountability, and11
transparency regarding the academic progress of incarcerated youth to their parents, the12
courts, and to the public.13
Section 3. This Act shall become effective upon signature of the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: