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:
(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.