HLS 13RS-1099 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 613
BY REPRESENTATIVE TIM BURNS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STUDENT/ASSESSMENT: Requires the State Bd. of Elementary and Secondary
Education to develop and adopt rules and regulations providing for parental choice
relative to state standardized testing for students with disabilities
AN ACT1
To enact R.S. 17:7(33), relative to the duties, functions, and responsibilities of the State2
Board of Elementary and Secondary Education; to require the State Board of3
Elementary and Secondary Education to develop and adopt rules and regulations4
providing for parental choice relative to state standardized testing for students with5
disabilities enrolled in public schools; to require such rules and regulations to be in6
accordance with certain state and federal laws, rules, and regulations; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:7(33) is hereby enacted to read as follows: 10
ยง7. Duties, functions, and responsibilities of board11
In addition to the authorities granted by R.S. 17:6 and any powers, duties, and12
responsibilities vested by any other applicable laws, the board shall:13
* * *14
(33) The board shall develop and adopt rules and regulations in accordance15
with the Administrative Procedure Act providing for parental choice relative to state16
standardized testing for students with disabilities enrolled in public schools. Such17
rules and regulations shall require local education agencies to inform parents and18
legal guardians of such students of their right to choose not to have their child19
participate in state standardized testing if, at the parents' or legal guardians'20
discretion, such participation would have a detrimental effect on the student. Such21 HLS 13RS-1099 ENGROSSED
HB NO. 613
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
rules and regulations shall be in accordance with the federal Elementary and1
Secondary Education Act and the Individuals with Disabilities Education Act.2
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)]
Tim Burns HB No. 613
Abstract: Requires the State Bd. of Elementary and Secondary Education to develop and
adopt rules and regulations providing for parental choice relative to state
standardized testing for students with disabilities.
Present law provides generally for the duties, functions, and responsibilities of the State
Board of Elementary and Secondary Education (BESE) and requires BESE to provide for
a school and district accountability system for schools and school districts based on student
achievement and minimum standards for the approval of schools. Also provides for the La.
Competency-Based Education Program, including the implementation of the La. Educational
Assessment Program (LEAP), and 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.
Proposed law adds a requirement that BESE develop and adopt rules and regulations
providing for parental choice relative to state standardized testing for students with
disabilities. Provides that such rules and regulations shall require local education agencies
to inform parents and legal guardians of their right to choose not to have their child
participate in state standardized testing if, at the parents' or legal guardians' discretion, such
participation would have a detrimental effect on the student. Further requires that such rules
and regulations be in accordance with federal law.
(Adds R.S. 17:7(33))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Makes proposed law applicable to students with disabilities in public schools
instead of all students in public schools.
2. Adds proposed law requirement that rules and regulations require local education
agencies to inform parents and legal guardians of their right to choose to not have
their child participate in state standardized testing.
3. Specifies that rules and regulations required by proposed law be in accordance
with the federal Elementary and Secondary Education Act and the Individuals
with Disabilities Education Act.
4. Removes requirement that rules and regulations required by proposed law be in
accordance with present law relative to the school and district accountability
system and the La. Competency-Based Education Program and all other
applicable state laws and federal rules and regulations.