HLS 14RS-1141 ORIGINAL 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. 381 BY REPRESENTATIVES GEYMANN AND POPE STUDENT/STANDARDS: Creates the Student Standards Commission to develop state standards for required subjects for public school students AN ACT1 To amend and reenact R.S. 17:24.4(A)(3) and (4), (E), (F)(3)(a) and (b)(ii), and (G)(2), to2 enact R.S. 36:651(G)(4), and to repeal R.S. 17:24.4(F)(1)(d), relative to education3 standards and related assessments; to create the Student Standards Commission to4 develop and adopt state education standards for required subjects for public school5 students; to provide for commission membership, vacancies, meetings, voting, and6 compensation; to provide for implementation of the standards by the State Board of7 Elementary and Secondary Education subject to legislative approval; to repeal8 provisions relative to implementation of certain standards-based assessments by the9 State Board of Elementary and Secondary Education; to delete the requirement that10 the state Department of Education develop and implement statewide content11 standards for required subjects; and to provide for related matters.12 Be it enacted by the Legislature of Louisiana:13 Section 1. R.S. 17:24.4(A)(3) and (4), (E), (F)(3)(a) and (b)(ii), and (G)(2) are14 hereby amended and reenacted to read as follows:15 §24.4. Louisiana Competency-Based Education Program; statewide standards for16 required subjects; Louisiana Educational Assessment Program; parish or city17 school board comprehensive pupil progression plans; waivers18 A. As used in this Section, the following words, terms, and phrases shall19 have the meaning ascribed to them in this Subsection, except when the context20 clearly indicates a different meaning:21 * * *22 HLS 14RS-1141 ORIGINAL HB NO. 381 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) "Pupil progression plan" means the comprehensive plan developed and1 adopted by each parish or city city, parish, or other local public school board which2 shall be based on student performance on the Louisiana Educational Assessment3 Program with goals and objectives which that are compatible with the Louisiana4 Competency-Based Education Program and which supplements that supplement the5 minimum standards approved implemented by the State Board of Elementary and6 Secondary Education. A pupil progression plan shall require the student's mastery7 of grade-appropriate skills before he or she can be recommended for promotion.8 (4) "The statewide content standards for required subjects" are statements9 that define what a student should know or be able to accomplish at the end of a10 specific time period or grade level or at the completion of a course. Content The11 standards shall represent the knowledge and skills needed for students to successfully12 transition to postsecondary education and the workplace, as determined by content13 experts, elementary and secondary educators and school leaders, postsecondary14 education leaders, and business and industry leaders and shall be developed and15 implemented as provided in Subsection E of this Section.16 * * *17 E.(1) The state Department of Education shall, with the approval of the State18 Board of Elementary and Secondary Education, as part of the Louisiana19 Competency-Based Education Program, develop and establish statewide content20 standards for required subjects to be taught in the public elementary and secondary21 schools of this state. The statewide content standards for required subjects shall be22 implemented by the state Department of Education as approved by the State Board23 of Elementary and Secondary Education, with recommendations prior to approval24 and advice from the educational personnel in the public schools and colleges and25 universities of this state. There is hereby created the Student Standards Commission,26 referred to in this Subsection as the "commission", for the purpose of developing and27 adopting state standards as required by this Section for students in public elementary28 and secondary schools.29 HLS 14RS-1141 ORIGINAL HB NO. 381 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) The membership of the commission shall be as follows:1 (a) One member representing each of the following groups, organizations,2 or entities selected by the respective group, organization, or entity:3 (i) The Louisiana Association of Educators.4 (ii) The Louisiana Federation of Teachers.5 (iii) The Associated Professional Educators of Louisiana.6 (iv) The Louisiana School Boards Association.7 (v) The Louisiana Association of School Superintendents.8 (vi) The Louisiana Association of Principals.9 (vii) The Louisiana Association of School Executives.10 (b) Two public school principals selected by the presiding officer of the11 Louisiana Association of Principals.12 (c) Two public elementary school teachers, one math teacher and one13 English teacher, selected by the presiding officer of the Louisiana Association of14 Principals.15 (d) Two public high school teachers, one math teacher and one English16 teacher, selected by the presiding officer of the Louisiana Association of Principals.17 (e) Two supervisors of instruction employed in local school systems selected18 by the president of the Louisiana Association of School Superintendents.19 (f) Two parents of public school students selected by the Louisiana Parent-20 Teacher Association.21 (g) Two parents of public school students selected by the presiding officer of22 the Louisiana Association of Principals.23 (h) Two deans of colleges of education from Louisiana public postsecondary24 education institutions, to be appointed by the commissioner of higher education.25 (i) Two members of the teaching faculty in engineering, math, science, or26 literature from Louisiana public postsecondary education institutions, to be27 appointed by the commissioner of higher education.28 HLS 14RS-1141 ORIGINAL HB NO. 381 Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (j) Two members of the board of directors of the Louisiana Association of1 Chamber of Commerce Executives selected by the president of the board of2 directors.3 (k) The president of the State Board of Elementary and Secondary Education4 or his designee.5 (l) The state superintendent of education or his designee.6 (m) The commissioner of higher education or his designee.7 (n) The chairman of the House Committee on Education or his designee.8 (o) The chairman of the Senate Committee on Education or his designee.9 (3) Appointed members of the commission shall serve at the pleasure of the10 appointing authority. Vacancies shall be filled in the manner of the original11 appointment.12 (4) The president of the State Board of Elementary and Secondary Education13 shall convene the commission for its first meeting not later than August 30, 2014.14 (5) The commission shall elect from among its members a chairman and15 such other officers as it deems appropriate.16 (6) A majority of the commission's total membership, as provided by this17 Subsection, shall constitute a quorum for the transaction of business. A favorable18 vote of two-thirds of the total membership is required for adoption of the standards19 as required in this Subsection.20 (7) All legislative members of the commission shall receive the same per21 diem and travel allowance for attending meetings of the commission as is normally22 provided for meetings of legislative committees. Other members of the commission23 shall serve without compensation.24 (8) The members selected pursuant to Subparagraphs (2)(a) through (j) of25 this Subsection shall represent the geographic diversity of the state, to the extent26 practical.27 (9) The State Board of Elementary and Secondary Education shall provide28 administrative and staff support to the commission.29 HLS 14RS-1141 ORIGINAL HB NO. 381 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (10) The commission shall be subject to the Public Records Law and the1 Open Meetings Law.2 (11) In developing the standards, the commission shall also consider and3 may recommend the appropriate state assessments to be used to effectively measure4 student achievement.5 (12) The standards developed and adopted by the commission shall be6 implemented by the State Board of Elementary and Secondary Education through7 rules and regulations promulgated in accordance with the Administrative Procedure8 Act after the approval of the standards by the legislature by concurrent resolution9 adopted by a favorable vote of at least a majority of the elected members of each10 house. The state board shall submit the standards to the legislature on or before11 March first of any given year. The legislature may return the standards to the state12 board and include any recommendations for changes to the standards it deems13 necessary or appropriate. Except as provided in Paragraph (13) of this Subsection,14 the State Board of Elementary and Secondary Education shall not implement15 standards that have not been approved by the legislature pursuant to this Paragraph.16 (13) Until the implementation of the initial standards developed by the17 commission and approved by the legislature as provided in this Subsection, the State18 Board of Elementary and Secondary Education shall implement the state standards19 used immediately prior to the adoption of the Common Core State Standards by the20 board.21 F.22 * * *23 (3)(a) In lieu of the standards-based assessments prescribed in24 Subparagraphs Subparagraph (1)(c) and (d) of this Subsection, an alternate25 assessment shall be provided for and administered only to those students with26 disabilities who meet specific eligibility criteria developed by the state Department27 of Education and approved by the State Board of Elementary and Secondary28 Education. A determination of whether any student meets the eligibility criteria29 HLS 14RS-1141 ORIGINAL HB NO. 381 Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. established by the state Department of Education shall be made by the student's1 Individual Education Plan committee and shall be so noted on that student's2 Individual Education Plan. The alternate assessment developed pursuant to this3 Paragraph shall be administered on a schedule determined by the state Department4 of Education and approved by the State Board of Elementary and Secondary5 Education. The alternate assessment shall be part of the Louisiana Education6 Assessment Program otherwise provided for in this Subsection and the alternate7 assessment shall be used for information, accountability, compliance, and planning8 purposes as provided by the State Board of Elementary and Secondary Education.9 (b)10 * * *11 (ii) Students with persistent academic disabilities shall be allowed to take12 academic assessments that are sensitive to measuring progress in their learning and13 that recognize their individual needs. Academic assessments are to be geared14 specifically toward accommodating students to enable them to perform on standards-15 based assessments prescribed in Subparagraphs Subparagraph (1)(c) and (d) of this16 Subsection. Such accommodations shall include at a minimum verbalized test17 questions and shall provide for writing assistance of a scribe and any other18 accommodations deemed appropriate by the student's Individual Education Plan19 committee. However, any such accommodations shall not breach test security or20 invalidate the meaning of the test score or the purpose of the test.21 * * *22 G.23 * * *24 (2) Each parish or city local school board plan for pupil progression shall be25 based upon local goals and objectives which are compatible with the Louisiana26 Competency-Based Education Program numerated described in R.S. 17:24.4(B)27 Subsection B of this Section, which comply with the provisions of R.S.28 17:24.4(A)(3) Paragraph (A)(3) of this Section, and which supplement the29 HLS 14RS-1141 ORIGINAL HB NO. 381 Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. performance standards approved implemented by the State Board of Elementary and1 Secondary Education.2 * * *3 Section 2. R.S. 36:651(G)(4) is hereby enacted to read as follows:4 §651. Transfer of boards, commissions, departments, and agencies to Department5 of Education; boards, commissions, and agencies within Department of6 Education7 * * *8 G. The following agencies, as defined by R.S. 36:3, are transferred to and9 hereafter shall be within the Department of Education as provided in Part III of10 Chapter 22 of this Title:11 * * *12 (4) The Student Standards Commission (R.S. 17:24.4(E)).13 * * *14 Section 3. R.S. 17:24.4(F)(1)(d) is hereby repealed in its entirety.15 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)] Geymann HB No. 381 Abstract: Creates the Student Standards Commission to develop state standards for required subjects for public school students. Provides for implementation of the standards by the State Board of Elementary and Secondary Education (BESE) subject to legislative approval of the standards. Repeals provisions relative to implementation of certain standards-based assessments by BESE. Present law provides for the La. Competency-Based Education Program, including the development and implementation of statewide standards for required subjects and the La. Educational Assessment Program (LEAP). Requires standards-based assessments for required subjects (English language arts, math, science, and social studies) to be implemented by BESE and administered in at least grades 3 through 11. Provides that such assessments be based on state content standards and rigorous student achievement standards comparable to national student achievement levels. Further requires that the rigor of such assessments shall at least compare to that of national achievement tests. Specifies that beginning with the 2014-2015 school year, the standards-based assessments in English language arts and math shall be based on nationally recognized content standards. Requires BESE to establish the adequate test scores for determining successful student performance on the tests. Provides for an alternate assessment to be administered to students with disabilities who meet criteria developed by the state Dept. of Education. Further requires HLS 14RS-1141 ORIGINAL HB NO. 381 Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. the department to develop modified achievement standards and use alternative assessments for certain students with persistent academic disabilities. Proposed law retains present law except repeals present law requirement that the standards-based assessments in English language arts and math be based on nationally recognized content standards. Proposed law creates the Students Standards Commission in the Dept. of Education to develop state standards for required subjects. Provides for commission membership, vacancies, meetings, voting, and compensation. Provides that the commission shall be subject to the Public Records Law and the Open Meetings Law. Provides that in developing the standards, the commission shall also consider and may recommend the appropriate assessments to be used to effectively measure student achievement. Proposed law provides for implementation of the standards by BESE subject to legislative approval of the standards. Requires the state board to submit the standards to the legislature and provides that the legislature may return the standards and include any recommendations for changes. Provides that if the legislature fails to finally approve the initial standards developed and adopted by the commission, BESE shall implement the state standards used immediately prior to BESE's adoption of the Common Core State Standards (CCSS). Further provides that the legislature shall approve any subsequent changes to the standards before they can be implemented. Proposed law deletes requirement that the state Dept. of Education develop and implement the statewide content standards for required subjects. (Amends R.S. 17:24.4(A)(3) and (4), (E), (F)(3)(a) and (b)(ii), and (G)(2); Adds R.S. 36:651(G)(4); Repeals R.S. 17:24.4(F)(1)(d))