Louisiana 2014 2014 Regular Session

Louisiana House Bill HB1015 Enrolled / Bill

                    ENROLLED
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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
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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
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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
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(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
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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
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§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
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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
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§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
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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
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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
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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: