ENROLLED Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 1015 BY REPRESENTATIVE SCHRODER AND SENATOR CL AITOR 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, REYNOL DS, RICHARD, SCHEXNAYDER, SIMON, SMITH, ST. GERMAIN, TALBOT, THIBAUT, THIERRY, THOMPSON, WHITNEY, PATRICK WILLIAMS, WILLMOTT, AND WOODRUFF AND SENATORS APPEL, BROOME, BUFFINGTON, CORTEZ, CROWE, DONAHUE, ERDEY, GUILLORY, LAFLEUR, LONG, MURRAY, NEVERS, RISER, GARY SMITH, TARVER, THOMPSON, WALSWORTH, WARD, AND WHITE AN ACT1 To amend and reenact R.S. 17:24.4(H), 183.2(B)(1) and (C), 183.3(D)(1) and 2925(A), to2 enact R.S. 17:183.3(E) and (F), and to repeal R.S. 17:183.2(B)(2), relative to3 students with exceptionalities; to provide for a student's Individualized Education4 Program team to determine promotion to the next grade under certain circumstances5 as it relates to the student's achievement level on required state assessments; to6 provide for certain actions to be taken by the Individualized Education Program team7 under certain circumstances; to provide for participation by a student's Individualized8 Education Program team relative to requirements for Individual Graduation Plans9 and graduation; to provide relative to criteria for pursuing a career major curriculum;10 to provide for the issuance of a high school diploma; to provide for rules of the State11 Board of Elementary and Secondary Education; to require the state Department of12 Education to track the performance of students with exceptionalities and to develop13 and implement a monitoring and corrective action system for school systems with14 high rates of students with exceptionalities performing below expected levels; and15 to provide for related matters.16 ENROLLEDHB NO. 1015 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Be it enacted by the Legislature of Louisiana:1 Section 1. R.S. 17:24.4(H), 183.2(B)(1) and (C), 183.3(D)(1) and 2925(A) are2 hereby amended and reenacted and R.S. 17:183.3(E) and (F) are hereby enacted to read as3 follows: 4 §24.4. Louisiana Competency-Based Education Program; statewide standards for5 required subjects; Louisiana Educational Assessment Program; parish or city6 school board comprehensive pupil progression plans; waivers7 * * *8 H.(1) The State Board of Elementary and Secondary Education may shall9 establish by rule adopted in accordance with the Administrative Procedure Act a10 procedure whereby the state superintendent of education may grant a waiver11 allowing a student's Individualized Education Program team shall determine12 promotion to the next grade level for any student with an exceptionality, as defined13 in R.S. 17:1942(B), except a student identified as gifted and talented and who has no14 other exceptionality, who fails to meet the required achievement level necessary for15 promotion to the next grade on a test administered to students pursuant to this16 Section or policies adopted by the state board upon the request of the local17 superintendent of the school system in which the student is enrolled in school,18 provided that the student meets certain criteria established by the board19 Individualized Education Program team relative to attendance, grades, and conduct.20 performance on the student's Individualized Education Program goals and objectives.21 If an Individualized Education Program team determines that the student is not22 required to meet state or local established performance standards on any assessment23 for purposes of promotion, the team shall:24 (a) Identify rigorous educational goals for the student.25 (b) Include diagnostic information, appropriate monitoring and intervention,26 and other evaluation strategies.27 (c) Include an intensive instructional program.28 (d) Provide innovative methods to promote the student's advancement29 including flexible scheduling, alternate learning environments, online instruction,30 ENROLLEDHB NO. 1015 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. and other interventions that are proven to accelerate the learning process and have1 been scientifically validated to improve learning and cognitive ability.2 (e) Identify a course of study that promotes college or workforce readiness,3 or both, career placement and advancement, and transition from high school to4 postsecondary education or work placement.5 (2)(a) An alternative pathway to promotion determination by a student's6 Individualized Education Program team shall apply only if, in the school year7 immediately prior to each grade level in which the student would otherwise be8 required to demonstrate certain proficiency levels in order to advance to the next9 grade level, the student has not otherwise met the state and local requirements for10 promotion or has not otherwise met state-established benchmarks on the required11 state assessments.12 (b) The state Department of Education, to the extent possible, shall track the13 performance of students with exceptionalities across school systems and, in14 collaboration with the Special Education Advisory Panel, establish indicators to15 identify school systems with disproportionately high rates of students with16 exceptionalities performing below expected levels and declines in performance17 across subgroups of students with exceptionalities. The department, to the extent18 possible, shall develop and implement a monitoring and corrective action system to19 address school systems identified as having high rates of students with20 exceptionalities performing below expected levels.21 * * *22 §183.2. Career option description23 * * *24 B.(1)(a) If the student, for any two of the three most recent school years, or25 for a student in high school, the two most recent administrations of any state-26 established assessments required for graduation, has not otherwise met state-27 established benchmarks on required state assessments, the student's Individualized28 Education Program team shall have the option of determining an alternative pathway29 to graduation for the student.30 ENROLLEDHB NO. 1015 Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) If an Individualized Education Program team determines that state-1 established benchmarks on the required state assessments are no longer a condition2 for promotion or graduation for a student, the team shall:3 (i) Within thirty days of the student entering the course or grade level,4 establish minimum performance requirements in the student's Individualized5 Education Plan relevant to promotion or graduation requirements, including but not6 limited to end-of-course assessments, and shall be incorporated for awarding course7 credits. The state board shall make available a list of multiple appropriate8 assessments and guidance for use in establishing minimum score requirements on the9 assessments that an Individualized Education Program team may, but shall not be10 required to, use for this purpose. The Individualized Education Program team shall11 consider establishing minimum performance requirements for annual academic and12 functional goals designed to meet the student's needs that result from the student's13 disability and that will enable the student to be involved in and make progress in the14 general education curriculum, and to meet other educational needs of the student that15 result from the student's disability, including the student's postsecondary goals16 related to training, education, employment, and, where appropriate, independent17 living skills.18 (ii) Provide the student and his parent or legal guardian with information19 related to how requirements that vary from standard expectations may impact future20 educational and career options.21 (c) Students with exceptionalities shall be afforded the same opportunities22 to pursue a high school diploma and to exit with all course credits, honors, and23 financial awards as other students. A student with an exceptionality is not24 guaranteed a diploma and shall meet either the standard requirements or those25 established by his Individualized Education Program team to be awarded a diploma26 as provided in R.S. 17:183.3(E).27 C. Throughout high school, each student shall pursue the rigorous28 curriculum required for his chosen major by his school as approved by the State29 Board of Elementary and Secondary Education or, for a student with an30 ENROLLEDHB NO. 1015 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. exceptionality as defined in R.S. 17:1942(B), except a student identified as gifted or1 talented and who has no other exceptionality, who meets the eligibility criteria as2 provided in Subparagraph (B)(1)(a) of this Section, as determined by the student's3 Individualized Education Program team, if applicable.4 * * *5 §183.3. Career major; description; curriculum and graduation requirements6 * * *7 B.8 * * *9 D.(1) A student who seeks to pursue a career major curriculum must shall10 meet one of the following conditions:11 (a)(1) The student has fulfilled all of the requirements established by the12 State Board of Elementary and Secondary Education and the city, parish, or other13 local public school board where the student is enrolled or the Individualized14 Education Program team, if applicable, for promotion to the ninth grade.15 * * *16 E.(1) A student with an exceptionality, as defined in R.S. 17:1942(B), except17 a gifted or talented student, who meets the eligibility criteria as provided in R.S.18 17:183.2(B)(1)(a) and who successfully completes the requirements of his19 Individualized Education Program, including performance on any assessment20 required for graduation determined appropriate by his Individualized Education21 Program team, shall be issued a high school diploma. The student's Individualized22 Education Program team shall determine if the student is required to meet state or23 local established performance standards on any assessment for purposes of24 graduation.25 (2) If a student's Individualized Education Program team determines that the26 student is not required to meet state or local performance standards on any27 assessment for purposes of graduation, the student shall be required to successfully28 complete Individualized Education Program goals and requirements and shall meet29 ENROLLEDHB NO. 1015 Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. at least one of the following conditions, consistent with the Individualized Education1 Program:2 (a) Employment in integrated, inclusive work environments, based on the3 student's abilities and local employment opportunities, in addition to sufficient4 self-help skills to enable the student to maintain employment without direct and5 continuous educational support from the school district.6 (b) Demonstrate mastery of specific employability skills and self-help skills7 that indicate that he does not require direct and continuous educational support from8 the school district.9 (c) Access to services that are not within the legal responsibility of public10 education or employment or education options for which the student has been11 prepared by the academic program.12 (3) A diploma issued to a student with an exceptionality based on achieving13 his Individualized Education Program goals and objectives shall count equally and14 be assigned the same number of points in the school performance score calculation15 for high schools as are assigned for a diploma issued to any other student.16 F. High school promotion determinations for a student with an exceptionality17 as defined in R.S. 17:1942(B), except a student identified as gifted or talented and18 who has no other exceptionality, who meets the eligibility criteria as provided in R.S.19 17:183.2(B)(1)(a) shall be made by the student's Individualized Education Program20 team.21 * * *22 §2925. Individual graduation plans23 A.(1) In accordance with the provisions of R.S. 17:183.2, by By the end of24 the eighth grade, every student, with the assistance of his parent or other legal25 guardian custodian and school guidance personnel, counselor, and for a student with26 an exceptionality as defined in R.S. 17:1942(B), except a student identified as gifted27 or talented and who has no other exceptionality, the student's Individualized28 Education Program team, if applicable, shall begin to develop an individual29 graduation plan to Individual Graduation Plan to guide the next academic year's30 ENROLLEDHB NO. 1015 Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. course work and to assist them the student in exploring educational and career1 possibilities and in making appropriate secondary and postsecondary decisions as2 part of an overall career postsecondary plan. The plan shall be based on the student's3 talents and interests and shall consider high school graduation requirements relevant4 to the student's chosen major and postsecondary entrance requirements.5 (2) By the end of the eighth grade, each student's Individual Graduation Plan,6 or the student's Individualized Education Plan, if applicable, shall list the required7 core courses to be taken through the tenth grade and shall identify the courses to be8 taken in the first year of high school. Students who fail to meet the standard for9 promotion to the ninth grade, pursuant to policies adopted by the State Board of10 Elementary and Secondary Education, shall have any necessary remedial courses11 included in their Individual Graduation Plan. The plan shall be reviewed annually12 and updated as necessary to identify the courses to be taken each year until all13 required core courses are completed.14 (3) By the end of the tenth grade, each student's Individual Graduation Plan,15 based on the student's academic record, talents and interests, shall outline high16 school graduation requirements relevant to the student's chosen postsecondary goals.17 Each student, with the assistance of his parent or other legal guardian custodian and18 school guidance personnel, counselor shall be allowed to choose the high school19 curriculum framework and related graduation requirements that best meets meet his20 postsecondary goals. Each student's individual graduation plan Individual21 Graduation Plan, or the student's Individualized Education Plan, if applicable, shall22 include the recommended sequence of courses for successful completion of his23 chosen major a standard diploma that aligns with postsecondary education, training,24 and the workforce and shall be reviewed annually and updated or revised as needed.25 (3)(4) The Individual Graduation Plan Individual graduation plans shall be26 sufficiently flexible to allow students the student to change their his program of27 study, yet be sufficiently structured to ensure that a the student will meet the high28 school graduation requirements for his chosen major, or the requirements of the29 ENROLLEDHB NO. 1015 Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. student's Individualized Education Plan, if applicable, and be qualified for admission1 to a postsecondary education institution or to enter the workforce.2 (4)(5) Each student's individual graduation plan Individual Graduation Plan3 shall be signed by the student, and his parent or other legal guardian. custodian, and4 the school counselor.5 * * *6 Section 2. R.S. 17:183.2(B)(2) is hereby repealed in its entirety.7 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: