HLS 14RS-1063 REENGROSSED
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Regular Session, 2014
HOUSE BILL NO. 1015
BY REPRESENTATIVE SCHRODER AND SENATOR CLAI TOR AND
REPRESENTATIVES ABRAMSON, ADAMS, ANDERS, ARMES, ARNOL D,
BADON, BARRAS, BARROW, BERTHELOT, BILLIOT, STUART BISHOP,
BROADWATER, BROWN, BURFORD, HENRY BURNS, TI M BURNS,
BURRELL, CARMODY, CARTER, CHAMPAGNE, CONNI CK, COX, CROMER,
DIXON, DOVE, EDWARDS, FOIL, FRANKLIN, GUILLORY, HARRIS,
HARRISON, HAVARD, HAZEL, HENRY, HENSGENS, HILL, HODGES,
HOFFMANN, HOLLIS, HONORE, HOWARD, HUNTER, IVEY, KATRINA
JACKSON, JAMES, JEFFERSON, JOHNSON, KLECKLEY, LAMBERT, TERRY
LANDRY, LEBAS, LOPINTO, LORUSSO, MACK, MILLER, MONTOUCET,
MORENO, JAY MORRIS, JIM MORRIS, NORTON, ORTEGO, PEARSON,
PIERRE, POPE, PRICE, PUGH, PYLANT, REYNOLDS, RICHARD,
SCHEXNAYDER, SIMON, SMITH, ST. GERMAIN, TALBOT, THIBAUT,
THIERRY, THOMPSON, WHITNEY, PATRICK WILLIAMS, WI LLMOTT, AND
WOODRUFF
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), 183.2(B)(1) and (C), 183.3(B)(3) and2
(D)(1)(introductory paragraph), (a), and (b)(i) and (ii), and 2925(A)(2) and to enact3
R.S. 17:24.4(K) and 183.3(D)(1)(b)(iii)(dd) and (E), relative to students with4
exceptionalities; to provide for a student's Individualized Education Program team5
to determine promotion to the next grade under certain circumstances as it relates to6
the student's achievement level on required state assessments; to provide for certain7
actions to be taken by the Individualized Education Program team under certain8
circumstances; to provide for participation by a student's Individualized Education9
Program team relative to requirements for Individual Graduation Plans and10
graduation; to provide relative to criteria for pursuing a career major curriculum; to11
provide for the issuance of a high school diploma; to provide for rules of the State12
Board of Elementary and Secondary Education; to provide for the calculation of13 HLS 14RS-1063 REENGROSSED
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school performance scores with respect to certain students with exceptionalities; to1
require the state Department of Education to track the performance of students with2
exceptionalities and to develop and implement a monitoring and corrective action3
system for school systems with high rates of students with exceptionalities4
performing below expected levels; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 17:24.4(H), 183.2(B)(1) and (C), 183.3(B)(3) and7
(D)(1)(introductory paragraph), (a), and (b)(i) and (ii), and 2925(A)(2) are hereby amended8
and reenacted and R.S. 17:24.4(K) and 183.3(D)(1)(b)(iii)(dd) and (E) are hereby enacted9
to read as follows: 10
§24.4. Louisiana Competency-Based Education Program; statewide standards for11
required subjects; Louisiana Educational Assessment Program; parish or city12
school board comprehensive pupil progression plans; waivers13
* * *14
H.(1) The State Board of Elementary and Secondary Education may shall15
establish by rule adopted in accordance with the Administrative Procedure Act a16
procedure whereby the state superintendent of education may grant a waiver17
allowing a student's Individualized Education Program team shall determine18
promotion to the next grade level for any student with an exceptionality, as defined19
in R.S. 17:1942(B), except a gifted or talented student, who fails to meet the required20
achievement level necessary for promotion to the next grade on a test administered21
to students pursuant to this Section or policies adopted by the state board upon the22
request of the local superintendent of the school system in which the student is23
enrolled in school, provided that the student meets certain criteria established by the24
board Individualized Education Program team relative to attendance, grades, and25
conduct. performance on the student's Individualized Education Program goals and26
objectives. If an Individualized Education Program team determines that the student27
is not required to meet state or local established performance standards on any28
assessment for purposes of promotion, the team shall:29 HLS 14RS-1063 REENGROSSED
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(a) Identify rigorous educational goals for the student.1
(b) Include diagnostic information, appropriate monitoring and intervention,2
and other evaluation strategies.3
(c) Include an intensive instructional program.4
(d) Provide innovative methods to promote the student's advancement5
including flexible scheduling, alternate learning environments, online instruction,6
and other interventions that are proven to accelerate the learning process and have7
been scientifically validated to improve learning and cognitive ability.8
(e) Identify a course of study that promotes college or workforce readiness,9
or both, career placement and advancement, and transition from high school to10
postsecondary education or work placement.11
(2)(a) An alternative pathway to promotion determination by a student's12
Individualized Education Program team shall apply only if the student has not13
otherwise met the state and local requirements for promotion or has not otherwise14
met state-established benchmarks on the required state assessments in the year15
immediately prior to each grade level in which the student would otherwise be16
required to demonstrate certain proficiency levels in order to advance to the next17
grade level.18
(b) The state Department of Education, to the extent possible, shall track the19
performance of students with exceptionalities across school systems and, in20
collaboration with the Special Education Advisory Panel, establish indicators to21
identify school systems with disproportionately high rates of students with22
exceptionalities performing below expected levels and declines in performance23
across subgroups of students with exceptionalities. The department, to the extent24
possible, shall develop and implement a monitoring and corrective action system to25
address school systems identified as having high rates of students with26
exceptionalities performing below expected levels.27
* * *28 HLS 14RS-1063 REENGROSSED
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K. The calculation of school performance scores pursuant to the school and1
district accountability system shall include the percentage of students with2
exceptionalities whose Individualized Education Program teams determine are not3
required to meet the state-established benchmarks on the required state assessments4
for grade promotion compared to the total student population. The calculation shall5
provide for the assignment of points for every student who achieves his6
Individualized Education Program goals and objectives necessary for grade7
promotion and graduation.8
* * *9
§183.2. Career option description10
* * *11
B.(1)(a) By the end of the eighth grade, each student shall develop, with the12
input of his family, and for a student with an exceptionality, as defined in R.S.13
17:1942(B), except a gifted or talented student, the Individualized Education14
Program team, a Five Year Individual Graduation Plan. Such a plan shall include a15
sequence of courses which is consistent with the student's stated goals for one year16
after graduation. Each student's Five Year Individual Graduation Plan shall be17
reviewed annually thereafter by the student, parents, and school advisor, and18
Individualized Education Program team, if applicable, and revised as needed.19
(b) An alternative pathway to graduation determination by a student's20
Individualized Education Program team shall apply only if the student has not21
otherwise met the state and local requirements for promotion or the state-established22
graduation requirements or has not otherwise met state-established benchmarks on23
the required state assessments in the year immediately prior to each grade level in24
which the student would otherwise be required to demonstrate certain proficiency25
levels in order to advance to the next grade level.26
(c) If an Individualized Education Program team determines that state-27
established benchmarks on the required state assessments are no longer a condition28
for promotion or graduation for a student, the team shall:29 HLS 14RS-1063 REENGROSSED
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(i) Establish minimum score requirements on appropriate individualized1
assessments measuring student proficiency on academic competencies for promotion2
and graduation.3
(ii) Provide the student and his parent or legal guardian with information4
related to how requirements that vary from standard expectations may impact future5
educational and career options.6
(d) Students with exceptionalities shall be afforded the same opportunities7
to pursue a high school diploma and to exit with all course credits, honors, and8
financial awards as other students. A student with an exceptionality is not9
guaranteed a diploma and shall meet either the standard requirements or those10
established by his Individualized Education Program team to be awarded a diploma11
as provided in R.S. 17:183.3(E).12
* * *13
C. Throughout high school, each student shall pursue the rigorous14
curriculum required for his chosen major by his school as approved by the State15
Board of Elementary and Secondary Education or, for a student with an16
exceptionality, the rigorous requirements established for graduation by the17
Individualized Education Program team.18
* * *19
§183.3. Career major; description; curriculum and graduation requirements20
* * *21
B.22
* * *23
(3) The questions included in any end-of-course examination administered24
to students pursuing a career major program and curriculum as provided in this25
Section, the passage of which is required for high school graduation, shall be26
constructed in a manner that reflects course design and content and the method of27
instruction employed for the course.28
* * *29 HLS 14RS-1063 REENGROSSED
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D.(1) A student who seeks to pursue a career major curriculum must shall1
meet one of the following conditions:2
(a) The student has fulfilled all of the requirements established by the State3
Board of Elementary and Secondary Education and the city, parish, or other local4
public school board where the student is enrolled or the Individualized Education5
Program team, if applicable, for promotion to the ninth grade.6
(b)(i) The student is at least fifteen years of age, or will attain the age of7
fifteen during the next school year, scored at least at the approaching basic level on8
either the English/Language Arts or Mathematics component of the eighth grade9
Louisiana Educational Assessment Program test, and meets the objective criteria10
established by the pupil progression plan of the city, parish, or other local public11
school system where the student is enrolled or the requirements for promotion12
established by the Individualized Education Program team, if applicable, to enter the13
ninth grade for the purpose of pursuing a career major curriculum.14
(ii) Prior to entering the ninth grade, such student must the student shall15
complete a summer remediation program in the subject area of any component of the16
eighth grade Louisiana Educational Assessment Program test on which the student17
scored at the unsatisfactory level, as established by the State Board of Elementary18
and Secondary Education or complete the summer remediation requirements for19
promotion established by the Individualized Education Program team, if applicable.20
Any such student who fails to satisfactorily complete a summer remediation program21
shall be required to complete any approved developmental course or courses, for22
credit, as may be deemed necessary to ensure that the student is prepared to23
undertake the coursework required for his chosen career major.24
(iii) The State Board of Elementary and Secondary Education shall certify25
that the pupil progression plan established by each city, parish, or other local public26
school system that promotes a student to the ninth grade pursuant to this27
Subparagraph contains the following requirements:28
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(dd) Provides for promotion determinations for a student with an1
exceptionality, as defined in R.S. 17:1942(B), except a gifted or talented student, to2
be made by the Individualized Education Program teams.3
* * *4
E.(1) A student with an exceptionality, as defined in R.S. 17:1942(B), except5
a gifted or talented student, who successfully completes the requirements of his6
Individualized Education Program, including performance on any assessment7
required for graduation determined appropriate by his Individualized Education8
Program team, shall be issued a high school diploma. The student's Individualized9
Education Program team shall determine if the student is required to meet state or10
local established performance standards on any assessment for purposes of11
graduation.12
(2) If a student's Individualized Education Program team determines that the13
student is not required to meet state or local performance standards on any14
assessment for purposes of graduation, the student shall be required to successfully15
complete Individualized Education Program goals and requirements and shall meet16
at least one of the following conditions, consistent with the Individualized Education17
Program:18
(a) Employment in integrated, inclusive work environments, based on the19
student's abilities and local employment opportunities, in addition to sufficient20
self-help skills to enable the student to maintain employment without direct and21
continuous educational support from the school district.22
(b) Demonstrate mastery of specific employability skills and self-help skills23
that indicate that he does not require direct and continuous educational support from24
the school district.25
(c) Access to services that are not within the legal responsibility of public26
education or employment or education options for which the student has been27
prepared by the academic program.28 HLS 14RS-1063 REENGROSSED
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(3) A diploma issued to a student with an exceptionality based on achieving1
his Individualized Education Program goals and objectives shall count equally and2
be assigned the same number of points in the school performance score calculation3
for high schools as are assigned for a student with a regular diploma.4
* * *5
§2925. Individual graduation plans6
A.7
* * *8
(2) Each student, with the assistance of his parent or other legal guardian and9
school guidance personnel, shall be allowed to choose the high school curriculum10
framework and related graduation requirements that best meets meet his11
postsecondary goals. Each student's individual graduation plan Individual12
Graduation Plan shall include the recommended sequence of courses for successful13
completion of his chosen major that aligns with postsecondary education, training,14
and the workforce and shall be reviewed annually and updated or revised as needed.15
For a student with an exceptionality, as defined in R.S. 17:1942(B), except a gifted16
or talented student, the high school curriculum framework and related graduation17
requirements shall be determined by the Individualized Education Program team.18
* * *19
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: Relative to students with exceptionalities (except gifted and talented), provides
for Individualized Education Program (IEP) teams to determine promotion and
graduation requirements; provides for participation by IEP teams relative to
graduation plans; provides for the issuance of diplomas; and provides for the
calculation of school performance scores.
Present law, relative to students with exceptionalities, 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 such student who fails to meet
the required achievement level necessary for promotion to the next grade on a test HLS 14RS-1063 REENGROSSED
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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 a 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 state or local established 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. Provides that an alternative pathway to promotion and
graduation determination by a student's IEP team shall apply only if the student has not
otherwise met the state and local requirements for promotion or has not otherwise met state-
established benchmarks on the required state assessments in the year immediately prior to
each grade level in which the student would otherwise be required to demonstrate certain
proficiency levels in order to advance to the next grade level.
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:
(1)Establish minimum score requirements on appropriate individualized assessments
measuring student proficiency on academic competencies for promotion and
graduation.
(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.
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 to meet either
the standard requirements or those established by his IEP team to be awarded a diploma.
Requires that the school performance scores calculations include the percentage of students
with exceptionalities whose IEP teams determine they 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 an exceptionality who successfully completes the requirements
of his IEP shall be issued a high school diploma. Provides that the IEP team determines if
the student is required to meet state or local established performance standards on any
assessment for purposes of graduation and if the determination is that the student is not so
required, the student is required to successfully complete IEP goals and requirements and
to meet specified conditions. Provides that a diploma issued to a student based on achieving
his IEP goals and objectives shall count equally and be assigned the same number of points
in the school performance score calculation for high schools as are assigned for a student
with a regular diploma.
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 HLS 14RS-1063 REENGROSSED
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school systems identified as having high rates of students with exceptionalities performing
below expected levels.
Present law relative to the high school career option program, provides for an academic
major (college prep. courses) and a career major (academic courses and modern vocational
studies). Requires BESE to develop and adopt requirements for career major programs
offered by school boards and to issue a career diploma to students who successfully
complete such requirements. Requires students in a career major program to complete an
academic core of courses and a career and technical sequence of courses and specifies course
requirements. Requires a student seeking to pursue a career major curriculum to meet
specified conditions. Requires BESE to certify that the pupil progression plan of each local
school system that promotes a student who did not meet 8th grade LEAP standards to the 9th
grade contains specified requirements.
Present law relative to Individual Graduation Plans, requires students by the end of the 8th
grade, to develop a plan to help explore educational and career possibilities and to make
appropriate decisions as part of an overall career plan. Permits students to choose the high
school curriculum framework and related graduation requirements that best meet their
postsecondary goals. Provides that each student's plan shall include the recommended
sequence of courses needed for successful completion of his chosen career major and shall
be reviewed annually and updated as needed. Requires that a student's plan be signed by the
student and his parent or other legal guardian.
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 retains present law and provides for determinations relative to promotion and
graduation requirements to be made by the student's IEP team. Provides for involvement by
the IEP team in the development and review of an Individual Graduation Plan.
(Amends R.S. 17:24.4(H), 183.2(B)(1) and (C), 183.3(B)(3) and (D)(1)(intro. para.), (a), and
(b)(i) and (ii), and 2925(A)(2); Adds R.S. 17:24.4(K) and 183.3(D)(1)(b)(iii)(dd) and (E))
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
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. HLS 14RS-1063 REENGROSSED
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House Floor Amendments to the engrossed bill.
1. Adds that IEP teams shall make determinations for promotion and graduation
requirements for students (including as it relates to students pursuing a career
major curriculum) and provides for involvement by the IEP team in the
development and review of a student's Individual Graduation Plan.
2. Adds that if the IEP team determination is that the student is not required to meet
state or local performance standards on assessments for graduation, the student
is required to successfully complete IEP goals and requirements and to meet
specified conditions.
3. Adds that a student with an exceptionality who successfully completes the
requirements of his IEP shall be issued a high school diploma and provides that
such a diploma shall count equally and be assigned the same number of points
in the school performance score calculation for high schools as are assigned for
a student with a regular diploma.
4. Adds that an alternative pathway to promotion and graduation determination by
a student's IEP team shall apply only if the student has not otherwise met the
state and local requirements for promotion or has not otherwise met state-
established benchmarks on the required state assessments in the year
immediately prior to each grade level in which the student would otherwise be
required to demonstrate certain proficiency levels in order to advance to the next
grade level.
5. Deletes proposed law relative to promotion and graduation requirements for a
student with an exceptionality who is on grade level and has met state-
established performance standards on the required state assessments and that
provided 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.