Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB205 Engrossed / Bill

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Regular Session, 2013
SENATE BILL NO. 205
BY SENATORS LAFLEUR AND GUILLORY AND REPRESENTATIVE ORTEGO 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS. Provides for the establishment of foreign language immersion programs in
public school districts and repeals the Balanced Treatment for Creation-Science and
Evolution-Science Act. (8/1/13)
AN ACT1
To enact R.S. 17:273.3 and to repeal Subpart D-2 of Part III of Chapter 1 of Title 17 of the2
Louisiana Revised Statutes of 1950, comprised of R.S. 17:286.1 through 286.7,3
relative to curriculum and instruction; to provide relative to foreign language4
immersion programs; to authorize local public school boards to establish foreign5
language immersion programs; to provide for a process whereby parents may request6
a local public school board to establish a foreign language immersion program; to7
provide for certification of such programs; to provide with respect to foreign8
language teachers; to provide with respect to student transportation; to repeal the9
Balanced Treatment for Creation-Science and Evolution-Science Act; and to provide10
for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1.  R.S. 17:273.3 is hereby enacted to read as follows:13
ยง273.3. Foreign language immersion programs; creation by local school14
boards; parent petition15
A. This Section shall be known and may be cited as the "Immersion16
School Choice Act".17 SB NO. 205
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B.  The legislature finds that:1
(1) Research indicates that students who participate in foreign language2
immersion programs, particularly French, demonstrate greater levels of3
proficiency in the English language, higher overall academic achievement, and4
higher levels of self-esteem.5
(2) Learning a second language has a positive effect on intellectual6
growth and increased awareness of diverse cultures through access to history,7
art, and literature.8
(3) Students in foreign language immersion programs have been shown9
to demonstrate enhanced cognitive functions in solving complex problems and10
mathematical computations through the development of more divergent and11
higher order thinking skills.12
(4) In Louisiana, French language development and French language13
immersion programs, in particular, provide a better understanding of the14
state's social traditions and serve to promote, preserve, and develop our unique15
bilingual culture.16
C.(1)  Any local public school board may establish a foreign language17
immersion program in any school under its jurisdiction that shall be open to the18
enrollment of any student who resides within the jurisdictional boundaries of19
the school district.20
(2)(a) Beginning with the 2014-2015 school year, a local school board,21
if requested in writing by the parent or legal guardian of at least twenty-five22
students enrolled in kindergarten who reside within the jurisdictional23
boundaries of the school district, shall establish a foreign language immersion24
program for such students, provided that all of the following apply:25
(i) The parent or legal guardian of each student commits, in writing, that26
the student will participate in the program.27
(ii) The requisite number of written requests are submitted to the local28
school board not later than March first prior to the school year in which the29 SB NO. 205
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program is to be established.1
(iii) The Minimum Foundation Program formula provides funding to2
local school systems employing foreign language teachers to provide salary3
supplements for such teachers.4
(iv) A sufficient number of foreign language teachers with the required5
credentials as prescribed by the State Board of Elementary and Secondary6
Education are available through programs administered by the Department of7
Education and the Council for the Development of French in Louisiana to8
establish the program.9
(v) There is no existing foreign language immersion program offered by10
the local school board that has been certified by the State Board of Elementary11
and Secondary Education pursuant to R.S. 17:273.2.12
(b) Such program shall be continued as long as at least twenty students13
remain enrolled in the program.14
(c) The local school board shall ensure that any foreign language15
immersion program established pursuant to this Section is designated as a16
Certified Foreign Language Immersion Program by the State Board of17
Elementary and Secondary Education in accordance with R.S. 17:273.2 within18
three years from the date such program is established.19
D. Notwithstanding any provision of R.S. 17:158 to the contrary, a local20
school board shall not be required to provide transportation to any student21
enrolled in a foreign language immersion program established pursuant to this22
Section that is located outside of the attendance zone of the school the student23
would otherwise attend, if providing such transportation would result in24
additional transportation costs to the school system.25
Section 2. Subpart D-2 of Part III of Chapter 1 of Title 17 of the Louisiana Revised26
Statutes of 1950, comprised of R.S. 17:286.1 through 286.7, is hereby repealed.27 SB NO. 205
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The original instrument was prepared by Jeanne Johnston. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michelle Broussard-Johnson.
DIGEST
LaFleur (SB 205)
Proposed law creates the "Immersion School Choice Act" and provides as follows:
(1)Authorizes a local public school board to establish a foreign language immersion
program in any school under its jurisdiction that shall be open to the enrollment of
any student who resides within the jurisdictional boundaries of the school district.
(2)Provides that, beginning with the 2014-2015 school year, a local public school board,
if requested in writing signed by the parent or legal guardian of at least 25 students
enrolled in kindergarten who reside within the jurisdictional boundaries of the school
district, shall establish a foreign language immersion program for such students,
provided:
(a)The parent or legal guardian of each student commits, in writing, that the
student will participate in the program.
(b)The requisite number of signatures are submitted to the local school board
not later than March first prior to the school year in which the program is to
be established.
(c)The MFP formula provides funding to local school systems employing
foreign language teachers to provide salary supplements for such teachers.
(d)A sufficient number of foreign language teachers, with the required
credentials as prescribed by the State Board of Elementary and Secondary
Education are available through programs administered by the Department
of Education and the Council for the Development of French in Louisiana to
establish the program.
(e)There is no existing foreign language immersion program offered by the
local school board that has been certified by the State Board of Elementary
and Secondary Education.
(3)Provides that such program shall be continued as long as at least 20 students remain
enrolled in the program.
(4)Requires the local school board to ensure that any foreign language immersion
program created pursuant to proposed law is designated as a Certified Foreign
Language Immersion Program in accordance with applicable law and is established
within three years from the date of such program.
(5)A local school board shall not be required to provide transportation to any student
enrolled in a foreign language immersion program established, that is located outside
the attendance zone of the school the student would otherwise attend, if providing
such transportation would result in additional transportation costs to the school
system.
Present law provides for the Balanced Treatment for Creation-Science and Evolution-
Science Act which required public schools in the state to give balanced treatment to creation-
science and evolution-science in classroom instruction and instructional materials. SB NO. 205
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Proposed law repeals present law which was ruled unconstitutional by the U.S. Supreme
Court. (Edwards v. Aguillard, La. 1987, 107 S. Ct. 2573, 96 L.Ed.2d 510.)
Effective August 1, 2013.
(Adds R.S. 17:273.3; repeals RS 17:286.1-286.7)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Replaces parent petition process with written request by specified number of
parents.
2. Provides that the required number of written requests be submitted to the
local school board by March first of the year prior to the school year in which
the program will be established.
3. Requires the local school board to ensure that immersion programs
established pursuant to proposed law are designated as a Certified Foreign
Language Immersion Program by BESE.
4. Repeals the Balanced Treatment for Creation-Science and Evolution-Science
Act.
Senate Floor Amendments to engrossed bill
1. Provides that a school board is not required to provide student transportation
for students in the foreign language immersion program.
2. Makes technical change.
3. Adds requirements for the establishment of a foreign language immersion
program.
4. Provides a time deadline to have the immersion program designated as a
certified program.