HLS 14RS-1042 ENGROSSED Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 993 BY REPRESENTATIVE SCHRODER AND SENATOR CLAI TOR EDUCATION/SPECIAL: Provides relative to requirements for pupil progression, graduation, and issuance of diplomas for students with exceptionalities AN ACT1 To amend and reenact R.S. 17:183.2(B)(1) and (C), 183.3(B)(3) and (D)(1)(a) and (b)(i) and2 (ii), and 2925(A)(2) and to enact R.S. 17:183.3(D)(1)(b)(iii)(dd) and (E), relative to3 high school career options for students with exceptionalities; to provide relative to4 requirements for Individual Graduation Plans, pupil progression, and graduation; to5 provide with respect to criteria for pursuing a career major curriculum; to provide for6 the issuance of a high school diploma; to provide for the calculation of school7 performance scores with respect to certain students with exceptionalities; to require8 the state Department of Education to track the performance of students with9 exceptionalities and to develop and implement a monitoring and corrective action10 system for school systems with high rates of students with exceptionalities11 performing below expected levels; and to provide for related matters.12 Be it enacted by the Legislature of Louisiana:13 Section 1. R.S. 17:183.2(B)(1) and (C), 183.3(B)(3) and (D)(1)(a) and (b)(i) and (ii),14 and 2925(A)(2) are hereby amended and reenacted and R.S. 17:183.3(D)(1)(b)(iii)(dd) and15 (E) are hereby enacted to read as follows:16 §183.2. Career option description17 * * *18 B.(1)(a) By the end of the eighth grade, each student shall develop, with the19 input of his family, and for a student with an exceptionality, as defined in R.S.20 HLS 14RS-1042 ENGROSSED HB NO. 993 Page 2 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 17:1942(B), except a gifted or talented student, the Individualized Education1 Program team, a Five Year Individual Graduation Plan. Such a plan shall include a2 sequence of courses which is consistent with the student's stated goals for one year3 after graduation. Each student's Five Year Individual Graduation Plan shall be4 reviewed annually thereafter by the student, parents, and school advisor, and5 Individualized Education Program team, if applicable, and revised as needed.6 (b) If an Individualized Education Program team determines that the student7 is not required to meet state or local established performance standards on any8 assessment for purposes of graduation, the team shall:9 (i) Identify rigorous educational goals for the student.10 (ii) Include diagnostic information, appropriate monitoring and intervention,11 and other evaluation strategies.12 (iii) Include an intensive instructional program.13 (iv) Provide innovative methods to promote the student's advancement14 including flexible scheduling, alternate learning environments, online instruction,15 and other interventions that are proven to accelerate the learning process and have16 been scientifically validated to improve learning and cognitive ability.17 (v) Identify a course of study that promotes college or workforce readiness,18 or both, career placement and advancement, and transition from high school to19 postsecondary education or work placement.20 (c)(i) The calculation of school performance scores pursuant to the school21 and district accountability system shall include the percentage of students with22 exceptionalities whose Individualized Education Program teams determine are not23 required to meet the state-established benchmarks on the required state assessments24 for grade promotion compared to the total student population. The calculation shall25 provide for the assignment of points for every student who achieves his26 Individualized Education Program goals and objectives necessary for grade27 promotion and graduation.28 HLS 14RS-1042 ENGROSSED HB NO. 993 Page 3 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (ii) A diploma issued to a student with exceptionalities 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 (d)(i) A student with an exceptionality who is on grade level and has met5 state-established performance standards on the required state assessments shall have6 promotion and graduation requirements that maintain his performance on grade level7 expectations as demonstrated by performance on the required state assessments.8 However, under extenuating circumstances, a student's Individualized Education9 Program team may determine that a student who has previously met state-established10 benchmarks on the required state assessments shall not be required to meet state-11 established performance levels as conditions for promotion or graduation. If an12 Individualized Education Program team determines that state-established13 requirements for academic proficiency on the required state assessments are no14 longer a condition for promotion or graduation for a student, the team shall:15 (aa) Determine appropriate individualized assessments to measure student16 proficiency on academic competencies and establish minimum score requirements.17 (bb) Provide the student and his parent or legal guardian with information18 related to how requirements that vary from standard expectations may impact future19 educational and career options.20 (cc) Provide reasons for the extenuating circumstances as to why the student21 is not required to meet state-established benchmarks on the required state22 assessments. Extenuating circumstances shall include but are not limited to23 significant mental or medical changes, regressive conditions, and family structure.24 (ii) The state Department of Education, to the extent possible, shall track the25 performance of students with exceptionalities across school systems and, in26 collaboration with the Special Education Advisory Panel, establish indicators to27 identify school systems with disproportionately high rates of students with28 exceptionalities performing below expected levels and declines in performance29 HLS 14RS-1042 ENGROSSED HB NO. 993 Page 4 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. across subgroups of students with exceptionalities. The department, to the extent1 possible, shall develop and implement a monitoring and corrective action system to2 address school systems identified as having high rates of students with3 exceptionalities performing below expected levels.4 (iii) Students with exceptionalities shall be afforded the same opportunities5 to pursue a high school diploma and to exit with all course credits, honors, and6 financial awards as other students. A student with exceptionalities is not guaranteed7 a diploma and shall meet either the standard requirements or those established by his8 Individualized Education Program team to be awarded a diploma.9 * * *10 C. Throughout high school, each student shall pursue the rigorous11 curriculum required for his chosen major by his school as approved by the State12 Board of Elementary and Secondary Education or, for a student with an13 exceptionality, the rigorous requirements established for graduation by the14 Individualized Education Program team.15 * * *16 §183.3. Career major; description; curriculum and graduation requirements17 * * *18 B.19 * * *20 (3) The questions included in any end-of-course examination administered21 to students pursuing a career major program and curriculum as provided in this22 Section, the passage of which is required for high school graduation, shall be23 constructed in a manner that reflects course design and content and the method of24 instruction employed for the course.25 * * *26 D.(1) A student who seeks to pursue a career major curriculum must shall27 meet one of the following conditions:28 HLS 14RS-1042 ENGROSSED HB NO. 993 Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (a) The student has fulfilled all of the requirements established by the State1 Board of Elementary and Secondary Education and the city, parish, or other local2 public school board where the student is enrolled or the Individualized Education3 Program team, if applicable, for promotion to the ninth grade.4 (b)(i) The student is at least fifteen years of age, or will attain the age of5 fifteen during the next school year, scored at least at the approaching basic level on6 either the English/Language Arts or Mathematics component of the eighth grade7 Louisiana Educational Assessment Program test, and meets the objective criteria8 established by the pupil progression plan of the city, parish, or other local public9 school system where the student is enrolled or the requirements for promotion10 established by the Individualized Education Program team, if applicable, to enter the11 ninth grade for the purpose of pursuing a career major curriculum.12 (ii) Prior to entering the ninth grade, such student must the student shall13 complete a summer remediation program in the subject area of any component of the14 eighth grade Louisiana Educational Assessment Program test on which the student15 scored at the unsatisfactory level, as established by the State Board of Elementary16 and Secondary Education or complete the summer remediation requirements for17 promotion established by the Individualized Education Program team, if applicable.18 Any such student who fails to satisfactorily complete a summer remediation program19 shall be required to complete any approved developmental course or courses, for20 credit, as may be deemed necessary to ensure that the student is prepared to21 undertake the coursework required for his chosen career major.22 (iii) The State Board of Elementary and Secondary Education shall certify23 that the pupil progression plan established by each city, parish, or other local public24 school system that promotes a student to the ninth grade pursuant to this25 Subparagraph contains the following requirements:26 * * *27 HLS 14RS-1042 ENGROSSED HB NO. 993 Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (dd) Provides for pupil progression 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 their 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) Demonstrated mastery of specific employability skills and self-help skills23 that do not require direct and continuous educational support from the school district.24 (c) Access to services that are not within the legal responsibility of public25 education or employment or education options for which the student has been26 prepared by the academic program.27 * * *28 HLS 14RS-1042 ENGROSSED HB NO. 993 Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §2925. Individual graduation plans1 A.2 * * *3 (2) Each student, with the assistance of his parent or other legal guardian and4 school guidance personnel, shall be allowed to choose the high school curriculum5 framework and related graduation requirements that best meets his postsecondary6 goals. Each student's individual graduation plan Individual Graduation Plan shall7 include the recommended sequence of courses for successful completion of his8 chosen major that aligns with postsecondary education, training, and the workforce9 and shall be reviewed annually and updated or revised as needed. For a student with10 an exceptionality, as defined in R.S. 17:1942(B), except a gifted or talented student,11 the high school curriculum framework and related graduation requirements shall be12 determined by the Individualized Education Program team.13 * * *14 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. 993 Abstract: Provides relative to high school career options for students with exceptionalities (except gifted and talented students) including requirements for Individual Graduation Plans, pupil progression, and graduation and for the issuance of a high school diploma to such students. 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 the State Board of Elementary and Secondary Education (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 one of the following conditions: (1)Has fulfilled all requirements established by BESE and the local public school board for promotion to 9th grade. (2)Is at least 15 or will turn 15 during the upcoming school year and has scored at least approaching basic on certain LEAP tests and meets criteria established by the local school system's pupil progression plan to enter the 9th grade to pursue a career major curriculum. Such student must also complete a summer remediation program in the HLS 14RS-1042 ENGROSSED HB NO. 993 Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. subject area of any LEAP test component on which he scored at the unsatisfactory level. A student who fails to satisfactorily complete summer remediation must complete developmental courses (for credit) necessary to be prepared to undertake the course work required for his chosen career major. 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 retains present law and 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). Provides for determinations relative to pupil progression and graduation requirements to be made by the student's Individualized Education Program (IEP) team. Provides for involvement by the IEP team in the development and review of an Individual Graduation Plan. Provides that students with exceptionalities shall 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. Provides that a student who successfully completes his IEP requirements shall be issued a high school 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 a diploma issued to a student with exceptionalities 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. 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. HLS 14RS-1042 ENGROSSED HB NO. 993 Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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. 17:183.2(B)(1) and (C), 183.3(B)(3) and (D)(1)(a) and (b)(i) and (ii), and 2925(A)(2); Adds R.S. 17:183.3(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. 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. 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.