HLS 13RS-1099 REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
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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)(a) The board shall develop and adopt rules and regulations in15
accordance with the Administrative Procedure Act providing for parental choice16
relative to state standardized testing for students with disabilities enrolled in public17
schools. Such rules and regulations shall require local education agencies to inform18
the parents and legal guardians of such students of their right to choose to have their19
child participate in state standardized testing if the student's parent or legal guardian20
requests in writing that the student participate in such testing. Such rules and21 HLS 13RS-1099 REENGROSSED
HB NO. 613
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regulations shall provide that a student who does not participate in standardized1
testing pursuant to this Paragraph shall not be penalized for failure to participate.2
(b) For purposes of this Paragraph, prohibited penalties include but are not3
limited to:4
(i) Withholding of credits toward graduation or denying a student the ability5
to graduate.6
(ii) Denying a student the opportunity to participate in an extracurricular7
activity.8
(iii) Denying a student the ability to advance to the subsequent grade level.9
(c) Such rules and regulations shall be in accordance with the federal10
Elementary and Secondary Education Act and the Individuals with Disabilities11
Education Act and shall include but not be limited to a prohibition on sharing with12
any entity or agency any information the state Department of Education has collected13
about a student if the student's parent or legal guardian requests, in writing, that the14
information not be shared.15
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 these rules and regulations: HLS 13RS-1099 REENGROSSED
HB NO. 613
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are additions.
(1)Shall require local education agencies to inform parents and legal guardians of their
right to choose to have their child participate in state standardized testing if the
parent or legal guardian requests such participation in writing.
(2) Shall provide that a student who does not participate in standardized testing pursuant
to proposed law shall not be penalized; proposed law provides that prohibited
penalties include but are not limited to the following: withholding of credits toward
graduation or denying a student the ability to graduate, denying a student the
opportunity to participate in an extracurricular activity, or denying the ability to
advance to the subsequent grade level.
(3)Shall be in accordance with federal law.
(4)Shall include a prohibition on sharing with any entity or agency any information the
state Dept. of Education collects about a student if the student's parent or legal
guardian requests in writing that the information not be shared.
(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.
House Floor Amendments to the engrossed bill.
Relative to BESE rules and regulations required by proposed law:
1. Requires rules and regulations to require local education agencies to inform
parents of their right to opt in rather than opt out with respect to the participation
of students with disabilities in state standardized testing.
2. Adds requirement that rules and regulations include prohibitions on penalties
against students who do not participate in state standardized testing and on
sharing certain student information.