HLS 13RS-838 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 584
BY REPRESENTATIVE SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS: Provides relative to standards for virtual schools
AN ACT1
To enact Chapter 45 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of2
R.S. 17:4051 through 4056, relative to virtual schools; to require the State Board of3
Elementary and Secondary Education to adopt rules and regulations establishing4
standards for virtual schools and supplemental online instruction; to require virtual5
schools to submit performance data reports and financial audits to the State Board6
of Elementary and Secondary Education; to provide relative to qualifications and7
benefits for teachers and employees in virtual schools; to require virtual schools to8
comply with all state laws applicable to local public schools; to provide for the9
approval and oversight of supplemental online instruction by local public school10
boards; to require students enrolled in virtual schools and supplemental online11
instruction programs to take the state-mandated assessments; and to provide for12
related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. Chapter 45 of Title 17 of the Louisiana Revised Statutes of 1950,15
comprised of R.S. 17:4051 through 4056 is hereby enacted to read as follows:16
CHAPTER 45. VIRTUAL SCHOOLS17
§4051. Rules and regulations; standards; virtual schools; supplemental online18
instruction19
The State Board of Elementary and Secondary Education shall adopt rules20
and regulations in accordance with the Administrative Procedure Act establishing the21 HLS 13RS-838 ORIGINAL
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standards for virtual schools and supplemental online instruction. The rules and1
regulations shall include but not be limited to the establishment of quality standards2
in the following areas:3
(1) Students:4
(a) Internet security.5
(b) Student academic performance and improvement.6
(c) Monitoring and assessment of student academic performance and7
improvement.8
(d) Course completion measurements.9
(e) Attendance tracking procedures.10
(f) Student discipline procedures, including policies regarding expulsion and11
suspension.12
(g) Data analysis, management, and reporting.13
(h) Guidance counseling.14
(i) Participation guidelines for extracurricular activities.15
(j) Engagement of parents and communities in online programs.16
(k) Provisions for students with special needs, including gifted and talented17
students and English language learners.18
(l) Training in how to use the hardware and software associated with the19
online program.20
(2) Teachers:21
(a) The required amount of teacher participation in the instructional program22
for each course.23
(b) The qualifications of mentor teachers.24
(c) The required elements of a program in online instruction necessary to25
become a qualified teacher in a virtual school as prescribed in R.S. 17:4054.26
(d) The required amount of professional development annually required of27
online instructors in technology-based instructional design.28 HLS 13RS-838 ORIGINAL
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(e) The elements of an alternative certification program for teachers certified1
in other states, territories, or the District of Columbia of the United States.2
(f) The qualifications required of noncertified personnel involved in any3
assessment of student work.4
(3) Programs:5
(a) An online program's governance, vision, and organization.6
(b) Standards-based curricula and data-driven instructional practices.7
(c) Technology capacity and support.8
(d) Sound financial and accounting practices and resources.9
(e) Program evaluation and improvement.10
(f) Details of the annual review process.11
(g) Approval of public and private contractors with public school districts12
for supplemental online instruction.13
(h) Approved private and public proctor options.14
(i) Appeal procedures for probationary status and contract termination15
determinations.16
(j) Professional development support mechanisms.17
§4052. Annual performance report18
A. The governing authority of each virtual school annually shall submit to19
the State Board of Elementary and Secondary Education a complete and detailed20
performance report including all of the following:21
(1) The student achievement levels and growth on all academic standards as22
measured by the state assessment model approved by the State Board of Elementary23
and Secondary Education.24
(2) Average student daily attendance as measured by participation in the25
instructional program.26
(3) Graduation rates, as applicable.27
(4) Enrollment of special needs students and students who are English28
language learners.29 HLS 13RS-838 ORIGINAL
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(5) Academic activities and programs designed to serve diverse students.1
(6) The academic and disciplinary policies in effect for the previous year,2
including a copy of the student handbook.3
(7) All student disciplinary incidents and punishments, aggregated by4
student, and the response of the school to each including all incidents of cheating or5
plagiarism.6
(8) The utilization of specific learning management and delivery tools.7
(9) The teacher evaluation plan in effect.8
(10) The name and certification status of all instructional staff, including the9
state of residence of all instructional staff.10
(11) The name and state of residence of all noncertified personnel including11
any personnel involved in the assessment of student work.12
B. The virtual school shall comply with all reporting and data submission13
requirements required of city, parish, and other local public schools.14
C. Except for the information required in Paragraph (A)(7) of this Section,15
the annual performance report shall be subject to the Public Records law in16
accordance with R.S. 44:1 et seq., and be available to the public.17
§4053. Independent financial audits18
A. Each virtual school shall submit independent financial audits to the State19
Board of Elementary and Secondary Education in accordance with this Section.20
(1) The audits shall:21
(a) Be conducted annually for the first five years of operation of the virtual22
school.23
(b) Beginning with the fifth year of operation, be conducted every two years.24
(c) Be conducted by an independent certified public accountant in25
accordance with the rules adopted by the state auditor.26
(d) Not be administered by any audit provider who has a conflict of interest.27
(2) The audit shall include but not be limited to a detailed account of the28
following:29 HLS 13RS-838 ORIGINAL
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(a) All revenue and expenses, both instructional and noninstructional.1
(b) All contracts with outside entities.2
(c) All courses provided in the period under review, including the following:3
(i) The name of the teacher of record and any other instructional personnel.4
(ii) The number of students enrolled.5
(iii) The average daily attendance of each course as measured by student6
participation in the instructional program.7
(iv) Methodology used for measuring and recording average daily attendance8
of students.9
(v) The state funding reimbursement generated by each course.10
(d) The assets and liabilities of the virtual school at the end of the fiscal year.11
(e) All donations, grants, and other income received by the virtual school and12
its governing authority during the fiscal year.13
(f) Any other financial information commonly reported in accordance with14
the rules adopted by the state auditor.15
B. The State Board of Elementary and Secondary Education shall use the16
financial audits from all probationary and approved providers in determining the17
annual funding reimbursement rate for providers.18
C. The financial audits shall be subject to the Public Records Law in19
accordance with R.S. 44:1 et seq., and be available to the public.20
§4054. Teachers; qualifications; benefits21
A. Each teacher in a virtual school responsible for student instruction shall22
meet all of the following criteria:23
(1) Hold a valid teaching certificate issued by the state Department of24
Education, including teachers who gained certification through alternative routes.25
(2) Hold a content specialization for each subject taught.26
(3) Provide documentation to verify the completion of a state-approved27
program providing knowledge and skills in online instruction.28
B. Each teacher in a virtual school shall:29 HLS 13RS-838 ORIGINAL
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(1) Be subject to evaluation in the same manner as provided for public1
school teachers in R.S. 17:3881 through 3905.2
(2) Be subject to termination in the same manner as provided for public3
school teachers in R.S. 17:441 through 445.4
(3) Be provided terms and conditions of employment the same as other5
public school teachers including but not limited to those related to tenure or due6
process protections, leaves of absence, sabbaticals, remuneration, and collective7
bargaining.8
(4) Be provided employee benefits including but not limited to health9
insurance coverage.10
C. Each virtual school shall:11
(1) Conduct a criminal background check on all employees.12
(2) Provide each member of the instructional staff with a contract detailing13
his salary, benefits, and all other conditions of employment and responsibilities14
including responsibilities regarding online instruction and digital tools.15
(3) Maintain a confidential personnel record on each employee.16
(4) Provide annual professional development to all employees including17
professional development on the use of virtual education technology.18
(5) Provide an experienced mentor teacher, with online instruction expertise,19
for the first year of instruction of each member of the instructional.20
(6) Comply with all other state laws applicable to city, parish, and other local21
public schools.22
§4055. Supplemental online instruction; accreditation; approval23
A. The State Board of Elementary and Secondary Education shall include24
supplemental online instruction options offered by local education providers in25
school and district accreditation decisions including but not limited to the26
accreditation decisions made by regional accreditation providers.27 HLS 13RS-838 ORIGINAL
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B. The approval and oversight of supplemental online instruction shall be the1
responsibility of the city, parish, or other local public school board, which shall2
ensure the following:3
(1) The curriculum and assessments comply with state content standards.4
(2) Instructional personnel meet the qualification criteria provided in R.S.5
17:4054.6
(3) Appropriate disciplinary procedures, including student due process7
protections, are followed.8
(4) Students are provided instruction on the use of the technology tools.9
(5) Students are provided the school's policies on cheating and plagiarism10
prior to beginning the coursework.11
(6) Final examinations are administered in a proctored environment.12
(7) Any public or private entity contracted with for instructional purposes13
shall meet all criteria provided in this Section and also shall meet the criteria for14
approved virtual schools as established by the State Board of Elementary and15
Secondary Education.16
§4056. Integrity of student learning and assessment17
Students in virtual learning environments shall be held to the same standards18
as students in traditional classroom environments with regard to the prohibitions on19
cheating and plagiarism. To ensure that students are learning and appropriately20
demonstrating their knowledge, each virtual school and supplemental online21
instruction program shall ensure that:22
(1) The compulsory attendance requirements as provided in R.S. 17:221 are23
met by each student.24
(2) For every credit-bearing course, each student shall take the final25
examination or at least one exam or assignment in a proctored environment.26
(3) Students participating in the state assessments pursuant to the Louisiana27
Educational Assessment Program or the school and district accountability system28
shall take the examination with their peers in their local school district. The virtual29 HLS 13RS-838 ORIGINAL
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school shall notify local school districts no later than October first of participating1
students within those districts' attendance boundaries and the level at which the2
students are to be assessed. Each city, parish, or other local public school board shall3
ensure that virtual education students are permitted to take the assessments with their4
traditional classroom peers.5
(4) For every credit-bearing course, students are provided multiple,6
synchronous learning opportunities with their teachers in which the students are7
required to participate and share their knowledge.8
(5) Each student is provided with a policy prohibiting cheating and9
plagiarism for each course.10
(6) Each student is provided instruction on avoiding cheating and plagiarism11
prior to enrolling in a course in each academic year.12
(7) Each instance of identified cheating or plagiarism is disciplined in13
accordance with appropriate due process procedures and reported to the State Board14
of Elementary and Secondary Education in accordance with R.S. 17:4052(A)(7).15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
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)]
Smith HB No. 584
Abstract: Provides standards for virtual schools and supplemental online instruction.
Proposed law provides relative to standards for virtual schools and supplemental online
instruction as follows:
Standards
Requires the State Board of Elementary and Secondary Education (BESE) to adopt rules and
regulations establishing the standards for virtual schools and supplemental online instruction. HLS 13RS-838 ORIGINAL
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Provides that the rules and regulations shall include but not be limited to the establishment
of quality standards in specified areas for students, teachers, and programs.
Reporting
Requires each virtual school governing authority annually to report certain performance data
to BESE. Requires that the report include student academic achievement levels and growth,
average student daily attendance, graduation rates, teacher evaluation plans, certification
status of all instructional staff, and other specified information. Provides that the reports
shall be subject to the Public Records Law. Requires virtual schools to comply with all
reporting and data submission requirements required of city, parish, and other local public
schools.
Audits
Requires each virtual school to submit an independent financial audit to BESE. Provides
time lines for such submission and provides for information to be included in the audits such
as all revenue and expenses, all contracts with outside entities, the state funding
reimbursement generated by each course, the assets and liabilities of the virtual school, and
other specified information. Provides that the audits shall be subject to the Public Records
Law.
Teachers
Requires teachers to meet specified criteria including holding a valid teaching certificate and
holding a content specialization for each subject taught. Provides that teachers shall be
subject to evaluation and termination in the same manner as provided for public school
teachers in present law. Further provides that teachers be given employee benefits including
but not limited to health insurance coverage.
Supplemental online instruction
Requires BESE to include supplemental online instruction options offered by local education
providers in school and district accreditation decisions. Provides that the approval and
oversight of supplemental online instruction shall be the responsibility of the city, parish, or
other local public school board. Requires local boards to ensure that certain conditions are
met including that the curriculum and assessments comply with state content standards,
instructional personnel meet the qualification criteria, and exams are administered in a
proctored environment.
Other requirements
Provides that students in virtual learning environments shall be held to the same standards
as students in traditional classroom environments with regard to prohibiting cheating and
plagiarism. Requires each virtual school and supplemental online instruction program to
ensure that students meet present law compulsory attendance requirements. Provides that
students take the state-mandated assessments with their traditional classroom peers. Further
requires that virtual schools comply with all other state laws applicable to city, parish, and
other local public schools.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:4051-4056)