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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013 ENROLLED
SENATE BILL NO. 127
BY SENATOR GARY SMITH AND REPRESENTATIVES BARROW, WESL EY
BISHOP, HENRY BURNS, CARMODY, PRICE, RICHARD AND
SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To enact R.S. 17:10.3, relative to school and district accountability; to provide that a student2
with an exceptionality, other than gifted and talented, who is not pursuing a regular3
diploma shall not be administered certain tests; to provide for exceptions; to provide4
that such lack of test participation shall not be considered in the calculation of school5
and district performance scores or letter grades; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:10.3 is hereby enacted to read as follows:8
ยง10.3. School and district accountability; prohibited testing; exceptions9
A. A student with an exceptionality as defined in R.S. 17:1942(B), but10
is not deemed gifted and talented, who is not pursuing a regular diploma shall11
not be administered any test pursuant to R.S. 17:24.4 or the state's school and12
district accountability system, including the American College Test, unless the13
student's parent or other legal guardian requests, in writing, that the student14
be administered the test or the student's Individualized Education Plan15
indicates that the test is an appropriate assessment instrument for the student.16
B.(1) The nonparticipation of a student with an exceptionality as17
provided in Subsection A of this Section in the administration of any test shall18
not, in any manner, be factored into the calculation of any performance score19
or performance letter grade assigned to any school or school system in which20
the student is enrolled, provided that such exclusion does not violate any federal21
law or requirement, including the No Child Left Behind Act of 2001 or the22
Individuals with Disabilities Education Act.23 SB NO. 127 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) A student who is not administered a test pursuant to this Section1
shall not be penalized for failure to take the test. For purposes of this2
Subsection, prohibited penalties include but are not limited to:3
(a) Withholding of credits toward graduation or denying a4
student the ability to graduate.5
(b) Denying a student the opportunity to participate in an6
extracurricular activity.7
(c) Denying a student the ability to advance to the subsequent8
grade level.9
Section 2. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: