HLS 13RS-296 REENGROSSED
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Regular Session, 2013
HOUSE BILL NO. 343
BY REPRESENTATIVES EDWARDS AND SMI TH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STUDENT/ASSESSMENT: Prohibits certain public high school students from being
administered tests pursuant to La. Educational Assessment Program or the La. school
and district accountability system with certain exceptions
AN ACT1
To enact R.S. 17:24.4(K), relative to student assessment; to prohibit public high school2
students with exceptionalities who are not pursuing a high school diploma from3
being administered any examination pursuant to the Louisiana Educational4
Assessment Program or the Louisiana school and district accountability system; to5
provide exceptions; to prohibit penalizing a student, school, or school system for a6
student's lack of participation; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:24.4(K) is hereby enacted 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
* * *13
K.(1) Notwithstanding any provision of this Section or any other law to the14
contrary, a public high school student with an exceptionality as defined in R.S.15
17:1942(B), except a gifted or talented student, and who is not pursuing a high16
school diploma shall not be administered any examination pursuant to this Section17
or the Louisiana school and district accountability system, including the American18
College Test, unless one or both of the following apply:19 HLS 13RS-296 REENGROSSED
HB NO. 343
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(a) The student's Individualized Education Plan indicates that the1
examination is an appropriate assessment instrument for the student.2
(b) The student's parent or legal guardian requests in writing that the student3
be administered the examination.4
(2) A student who is not administered an examination pursuant to Paragraph5
(1) of this Subsection shall not be penalized for failure to take the examination. For6
purposes of this Paragraph, prohibited penalties include but are not limited to:7
(a) Withholding of credits toward graduation or denying a student the ability8
to graduate.9
(b) Denying a student the opportunity to participate in an extracurricular10
activity.11
(c) Denying a student the ability to advance to the subsequent grade level.12
(3) The absence of test results due to the implementation of Paragraph (1)13
of this Subsection shall not be factored into or negatively impact the performance14
score or letter grade assigned to a school or school system, nor shall a school or15
school system otherwise be penalized in any manner, provided that such absence16
does not violate any federal law or requirement including the No Child Left Behind17
Act of 2001 or the Individuals with Disabilities Education Act.18
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)]
Edwards HB No. 343
Abstract: Prohibits public high school students with exceptionalities (except
gifted/talented) who are not pursuing a high school diploma from being administered
any test pursuant to LEAP or the school accountability program, including the ACT.
Provides exceptions and prohibits students, schools, and school systems from being
penalized for students not participating in such testing.
Present law (R.S. 17:24.4) provides for the La. Competency-Based Education Program,
including the implementation of the La. Educational Assessment Program (LEAP). Requires
certain tests to be administered to students at various grade levels and requires students to
demonstrate proficiency in order to advance to specified grade levels. HLS 13RS-296 REENGROSSED
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Proposed law retains present law and adds that, notwithstanding any provision of present law
or any other law to the contrary, a public high school student with exceptionalities as defined
in present law, except a gifted or talented student, who is not pursuing a high school diploma
shall not be administered any examination pursuant to present law (LEAP or the La. school
and district accountability system), including the ACT, unless the student's Individualized
Education Plan provides for it or the student's parent requests it. Prohibits penalizing a
student for failure to take an examination pursuant to proposed law. Provides that the
resulting absence of test results shall not be factored into or negatively impact the
performance score or letter grade assignment of a school or school system, nor shall a school
or school system otherwise be penalized, provided that such absence does not violate any
federal law or requirement.
(Adds R.S. 17:24.4(K))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Removes limitation that proposed law applies to a student who is pursuing a
regular high school diploma, and instead proposed law is applicable to a student
pursuing any high school diploma.
2. Relative to the prohibition on penalizing schools and school systems due to
students' not participating in testing, provides that such prohibition shall apply
only if the absence of students' test results due to such lack of participation does
not violate any federal law or requirement.
House Floor Amendments to the engrossed bill.
1. Limits applicability of proposed law to students with exceptionalities as defined
in present law, except students who are gifted or talented.