ENROLLED Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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. 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 (a) The student's Individualized Education Plan indicates that the20 examination is an appropriate assessment instrument for the student.21 ENROLLEDHB NO. 343 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) The student's parent or legal guardian requests in writing that the student1 be administered the examination.2 (2) A student who is not administered an examination pursuant to Paragraph3 (1) of this Subsection shall not be penalized for failure to take the examination. For4 purposes of this Paragraph, prohibited penalties include but are not limited to:5 (a) Withholding of credits toward graduation or denying a student the ability6 to graduate.7 (b) Denying a student the opportunity to participate in an extracurricular8 activity.9 (c) Denying a student the ability to advance to the subsequent grade level.10 (3) The absence of test results due to the implementation of Paragraph (1)11 of this Subsection shall not be factored into or negatively impact the performance12 score or letter grade assigned to a school or school system, nor shall a school or13 school system otherwise be penalized in any manner, provided that such absence14 does not violate any federal law or requirement including the No Child Left Behind15 Act of 2001 or the Individuals with Disabilities Education Act.16 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: