HLS 14RS-1063 ENGROSSED
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Regular Session, 2014
HOUSE BILL NO. 1015
BY REPRESENTATIVE SCHRODER AND SENATOR CLAI TOR
EDUCATION/SPECIAL: Provides for determinations for grade level promotion of certain
students with exceptionalities regarding performance on state tests and provides for
calculations of school performance scores relative to such students
AN ACT1
To amend and reenact R.S. 17:24.4(H) and to enact R.S. 17:24.4(K), relative to students2
with exceptionalities; to provide for a student's Individualized Education Program3
team to determine promotion to the next grade under certain circumstances as it4
relates to the student's achievement level on required state assessments; to provide5
for certain actions to be taken by the Individualized Education Program team under6
certain circumstances; to provide for rules of the State Board of Elementary and7
Secondary Education; to provide for the calculation of school performance scores8
with respect to certain students with exceptionalities; to require the state Department9
of Education to track the performance of students with exceptionalities and to10
develop and implement a monitoring and corrective action system for school systems11
with high rates of students with exceptionalities performing below expected levels;12
and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 17:24.4(H) is hereby amended and reenacted and R.S. 17:24.4(K)15
is hereby enacted to read as follows: 16
ยง24.4. Louisiana Competency-Based Education Program; statewide standards for17
required subjects; Louisiana Educational Assessment Program; parish or city18
school board comprehensive pupil progression plans; waivers19
* * *20 HLS 14RS-1063 ENGROSSED
HB NO. 1015
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H.(1) The State Board of Elementary and Secondary Education may shall1
establish by rule adopted in accordance with the Administrative Procedure Act a2
procedure whereby the state superintendent of education may grant a waiver3
allowing a student's Individualized Education Program team shall determine4
promotion to the next grade level for any student with an exceptionality, as defined5
in R.S. 17:1942(B), except a gifted or talented student, who fails to meet the required6
achievement level necessary for promotion to the next grade on a test administered7
to students pursuant to this Section or policies adopted by the state board upon the8
request of the local superintendent of the school system in which the student is9
enrolled in school, provided that the student meets certain criteria established by the10
board Individualized Education Program team relative to attendance, grades, and11
conduct. performance on the student's Individualized Education Program goals and12
objectives. If an Individualized Education Program team determines that the student13
is not required to meet established state or local performance standards on any14
assessment for purposes of promotion, the team shall:15
(a) Identify rigorous educational goals for the student.16
(b) Include diagnostic information, appropriate monitoring and intervention,17
and other evaluation strategies.18
(c) Include an intensive instructional program.19
(d) Provide innovative methods to promote the student's advancement20
including flexible scheduling, alternate learning environments, online instruction,21
and other interventions that are proven to accelerate the learning process and have22
been scientifically validated to improve learning and cognitive ability.23
(e) Identify a course of study that promotes college or workforce readiness,24
or both, career placement and advancement, and transition from high school to25
postsecondary education or work placement.26
(2)(a) A student with an exceptionality who is on grade level and has met27
state-established performance standards on the required state assessments shall have28
promotion and graduation requirements that maintain his performance on grade level29 HLS 14RS-1063 ENGROSSED
HB NO. 1015
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expectations as demonstrated by performance on the required state assessments.1
However, under extenuating circumstances, a student's Individualized Education2
Program team may determine that a student who has previously met state-established3
benchmarks on the required state assessments shall not be required to meet state-4
established performance levels as conditions for promotion or graduation. If an5
Individualized Education Program team determines that state-established6
requirements for academic proficiency on the required state assessments are no7
longer a condition for promotion or graduation for a student, the team shall:8
(i) Determine appropriate individualized assessments to measure student9
proficiency on academic competencies and establish minimum score requirements.10
(ii) Provide the student and his parent or legal guardian with information11
related to how requirements that vary from standard expectations may impact future12
educational and career options.13
(iii) Provide reasons for the extenuating circumstances as to why the student14
is not required to meet state-established benchmarks on the required state15
assessments. Extenuating circumstances shall include but are not limited to16
significant mental or medical changes, regressive conditions, and family structure.17
(b) The state Department of Education, to the extent possible, shall track the18
performance of students with exceptionalities across school systems and, in19
collaboration with the Special Education Advisory Panel, establish indicators to20
identify school systems with disproportionately high rates of students with21
exceptionalities performing below expected levels and declines in performance22
across subgroups of students with exceptionalities. The department, to the extent23
possible, shall develop and implement a monitoring and corrective action system to24
address school systems identified as having high rates of students with25
exceptionalities performing below expected levels.26
(c) Students with exceptionalities shall be afforded the same opportunities27
to pursue a high school diploma and to exit with all course credits, honors, and28
financial awards as other students. A student with exceptionalities is not guaranteed29 HLS 14RS-1063 ENGROSSED
HB NO. 1015
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a diploma and shall meet either the standard requirements or those established by his1
Individualized Education Program team to be awarded a diploma.2
* * *3
K. The calculation of school performance scores pursuant to the school and4
district accountability system shall include the percentage of students with5
exceptionalities whose Individualized Education Program teams determine are not6
required to meet the state-established benchmarks on the required state assessments7
for grade promotion compared to the total student population. The calculation shall8
provide for the assignment of points for every student who achieves his9
Individualized Education Program goals and objectives necessary for grade10
promotion and graduation.11
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)]
Schroder HB No. 1015
Abstract: Provides for Individualized Education Program (IEP) teams to determine grade
level promotion for a student with an exceptionality (except gifted and talented
students) under certain circumstances and provides for the calculation of school
performance scores with respect to students with exceptionalities.
Present law provides that the State Board of Elementary and Secondary Education (BESE)
may establish a procedure for the state superintendent of education to grant a waiver
allowing any student with an exceptionality, as defined in present law (R.S. 17:1942(B)),
who fails to meet the required achievement level necessary for promotion to the next grade
on a test administered pursuant to present law or BESE policies if the student meets certain
criteria established by BESE relative to attendance, grades, and conduct.
Proposed law instead requires BESE to adopt a rule to provide that such student's
Individualized Education Program (IEP) team shall determine promotion of the student to
the next grade level if the student meets certain criteria established by the IEP team relative
to performance on IEP goals and objectives. Requires that if an IEP team determines that
the student is not required to meet established state or local performance standards on any
assessment for purposes of promotion, the team shall take certain actions including but not
limited to identifying rigorous educational goals for the student and a course of study that
promotes college or workforce readiness. Proposed law provides for applicability of present
law to students with exceptionalities as defined in present law (R.S. 17:1942(B), except
gifted and talented students).
Proposed law provides that students with exceptionalities be afforded the same opportunities
to pursue a high school diploma and to exit with all course credits, honors, and financial
awards as other students. Specifies that such students are not guaranteed a diploma and have HLS 14RS-1063 ENGROSSED
HB NO. 1015
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to meet either the standard requirements or those established by his IEP team to be awarded
a diploma.
Proposed law requires that the school performance scores calculations include the percentage
of students with exceptionalities whose IEP teams determine are not required to meet the
state-established benchmarks on the required state assessments for grade promotion
compared to the total student population. Provides that the calculation shall include the
assignment of points for students with exceptionalities who meet their IEP team goals and
objectives necessary for promotion and graduation.
Provides that a student with exceptionalities who is on grade level and has met state-
established performance standards on the required state assessments shall have promotion
and graduation requirements that maintain his performance on grade level expectations as
demonstrated by performance on the required state assessments. Further provides that under
extenuating circumstances, a student's IEP team may determine that a student who has
previously met state-established benchmarks on the required state assessments shall not be
required to meet state-established performance levels as conditions for promotion or
graduation. Provides that if an IEP team determines that state-established requirements for
academic proficiency on the required state assessments are no longer a condition for
performance or graduation for a student, the team shall:
(1)Determine appropriate individualized assessments to measure student proficiency on
academic competencies and establish minimum score requirements.
(2)Provide the student and his parent or legal guardian with information related to how
requirements that vary from standard expectations may impact future educational
and career options.
(3)Provide reasons for the extenuating circumstances as to why the student is not
required to meet state-established benchmarks on the required state assessments.
Extenuating circumstances shall include but are not limited to significant mental or
medical changes, regressive conditions, and family structure.
Proposed law requires the state Dept. of Education to track the performance of students with
exceptionalities across school systems and, in collaboration with the Special Education
Advisory Panel, establish indicators to identify school systems with disproportionately high
rates of students with exceptionalities performing below expected levels and declines in
performance across subgroups of students with exceptionalities. Further requires the
department to develop and implement a monitoring and corrective action system to address
school systems identified as having high rates of students with exceptionalities performing
below expected levels.
(Amends R.S. 17:24.4(H); Adds R.S. 17:24.4(K))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Exempts gifted and talented students from proposed law applicability.
2. Requires that the school performance scores calculations include the percentage
of students with exceptionalities who are not required to meet the
state-established benchmarks for grade promotion.
3. Provides that if an IEP team determines that state-established requirements for
academic proficiency on the required state assessments are no longer a condition
for promotion or graduation for a student, the team shall take certain actions HLS 14RS-1063 ENGROSSED
HB NO. 1015
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including determining appropriate individualized assessments to measure student
proficiency on academic competencies and establishing minimum score
requirements.
4. Requires the state Dept. of Education to track the performance of students with
exceptionalities and establish indicators to identify and implement a monitoring
and corrective actions system for school systems with disproportionately high
rates of students with exceptionalities performing below expected levels.