SLS 14RS-1532 ORIGINAL Page 1 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2014 SENATE BILL NO. 597 BY SENATOR KOSTELKA ELEMENTARY EDUCATION. Creates the Student Standards Commission to develop state standards for required subjects for public school students. (8/1/14) 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; parish17 SB NO. 597 SLS 14RS-1532 ORIGINAL Page 2 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. or city school board comprehensive pupil progression plans; waivers1 A. As used in this Section, the following words, terms, and phrases shall2 have the meaning ascribed to them in this Subsection, except when the context3 clearly indicates a different meaning:4 * * *5 (3) "Pupil progression plan" means the comprehensive plan developed and6 adopted by each parish or city, parish, or other local public school board which7 shall be based on student performance on the Louisiana Educational Assessment8 Program with goals and objectives which that are compatible with the Louisiana9 Competency-Based Education Program and which supplements that supplement the10 minimum standards approved implemented by the State Board of Elementary and11 Secondary Education. A pupil progression plan shall require the student's mastery12 of grade-appropriate skills before he or she can be recommended for promotion.13 (4) "The statewide content standards for required subjects" are statements14 that define what a student should know or be able to accomplish at the end of a15 specific time period or grade level or at the completion of a course. Content The16 standards shall represent the knowledge and skills needed for students to successfully17 transition to postsecondary education and the workplace, as determined by content18 experts, elementary and secondary educators and school leaders, postsecondary19 education leaders, and business and industry leaders and shall be developed and20 implemented as provided in Subsection E of this Section.21 * * *22 E.(1) The state Department of Education shall, with the approval of the State23 Board of Elementary and Secondary Education, as part of the Louisiana24 Competency-Based Education Program, develop and establish statewide content25 standards for required subjects to be taught in the public elementary and secondary26 schools of this state. The statewide content standards for required subjects shall be27 implemented by the state Department of Education as approved by the State Board28 of Elementary and Secondary Education, with recommendations prior to approval29 SB NO. 597 SLS 14RS-1532 ORIGINAL Page 3 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. and advice from the educational personnel in the public schools and colleges and1 universities of this state There is hereby created the Student Standards2 Commission, referred to in this Subsection as the "commission", for the3 purpose of developing and adopting state standards as required by this Section4 for students in public elementary and secondary schools.5 (2) The membership of the commission shall be as follows:6 (a) One member representing each of the following groups,7 organizations, or entities selected by the respective group, organization, or8 entity:9 (i) The Louisiana Association of Educators.10 (ii) The Louisiana Federation of Teachers.11 (iii) The Associated Professional Educators of Louisiana.12 (iv) The Louisiana School Boards Association.13 (v) The Louisiana Association of School Superintendents.14 (vi) The Louisiana Association of Principals.15 (vii) The Louisiana Association of School Executives.16 (b) Two public school principals selected by the presiding officer of the17 Louisiana Association of Principals.18 (c) Two public elementary school teachers, one math teacher and one19 English teacher, selected by the presiding officer of the Louisiana Association20 of Principals.21 (d) Two public high school teachers, one math teacher and one English22 teacher, selected by the presiding officer of the Louisiana Association of23 Principals.24 (e) Two supervisors of instruction employed in local school systems25 selected by the president of the Louisiana Association of School26 Superintendents.27 (f) Two parents of public school students selected by the Louisiana28 Parent-Teacher Association.29 SB NO. 597 SLS 14RS-1532 ORIGINAL Page 4 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (g) Two parents of public school students selected by the presiding officer1 of the Louisiana Association of Principals.2 (h) Two deans of colleges of education from Louisiana public3 postsecondary education institutions, to be appointed by the commissioner of4 higher education.5 (i) Two members of the teaching faculty in engineering, math, science,6 or literature from Louisiana public postsecondary education institutions, to be7 appointed by the commissioner of higher education.8 (j) Two members of the board of directors of the Louisiana Association9 of Chamber of Commerce Executives selected by the president of the board of10 directors.11 (k) The president of the State Board of Elementary and Secondary12 Education or his designee.13 (l) The state superintendent of education or his designee.14 (m) The commissioner of higher education or his designee.15 (n) The chairman of the Senate Committee on Education or his designee.16 (o) The chairman of the House Committee on Education or his designee.17 (3) Appointed members of the commission shall serve at the pleasure of18 the appointing authority. Vacancies shall be filled in the manner of the original19 appointment.20 (4) All members of the commission, except for the chairman of the21 Senate Committee on Education and the chairman of the House Committee on22 Education, shall be subject to confirmation by the Senate.23 (5) The president of the State Board of Elementary and Secondary24 Education shall convene the commission for its first meeting not later than25 August 30, 2014.26 (6) The commission shall elect from among its members a chairman and27 such other officers as it deems appropriate.28 (7) A majority of the commission's total membership, as provided by29 SB NO. 597 SLS 14RS-1532 ORIGINAL Page 5 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. this Subsection, shall constitute a quorum for the transaction of business. A1 favorable vote of two-thirds of the total membership is required for adoption2 of the standards as required in this Subsection.3 (8) All legislative members of the commission shall receive the same per4 diem and travel allowance for attending meetings of the commission as is5 normally provided for meetings of legislative committees. Other members of6 the commission shall serve without compensation.7 (9) The members selected pursuant to Subparagraphs (2)(a) through (j)8 of this Subsection shall represent the geographic diversity of the state, to the9 extent practical.10 (10) The State Board of Elementary and Secondary Education shall11 provide administrative and staff support to the commission.12 (11) The commission shall be subject to the Public Records Law and the13 Open Meetings Law.14 (12) In developing the standards, the commission shall also consider and15 may recommend the appropriate state assessments to be used to measure16 student achievement effectively.17 (13) The standards developed and adopted by the commission shall be18 implemented by the State Board of Elementary and Secondary Education19 through rules and regulations promulgated in accordance with the20 Administrative Procedure Act, after the approval of the standards by the21 legislature by concurrent resolution adopted by a favorable vote of at least a22 majority of the elected members of each house. The state board shall submit the23 standards to the legislature on or before March first of any given year. The24 legislature may return the standards to the state board and include any25 recommendations for changes to the standards it deems necessary or26 appropriate. Except as provided in Paragraph (14) of this Subsection, the State27 Board of Elementary and Secondary Education shall not implement standards28 that have not been approved by the legislature pursuant to this Paragraph.29 SB NO. 597 SLS 14RS-1532 ORIGINAL Page 6 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (14) Until the implementation of the initial standards developed by the1 commission and approved by the legislature as provided in this Subsection:2 (a) The State Board of Elementary and Secondary Education shall3 implement the state standards used immediately prior to the adoption of the4 Common Core State Standards by the board.5 (b) The governing authority of each public school may utilize the6 curriculum it determines most appropriate to meet content and performance7 standards.8 F.9 * * *10 (3)(a) In lieu of the standards-based assessments prescribed in11 Subparagraphs Subparagraph (1)(c) and (d) of this Subsection, an alternate12 assessment shall be provided for and administered only to those students with13 disabilities who meet specific eligibility criteria developed by the state Department14 of Education and approved by the State Board of Elementary and Secondary15 Education. A determination of whether any student meets the eligibility criteria16 established by the state Department of Education shall be made by the student's17 Individual Education Plan committee and shall be so noted on that student's18 Individual Education Plan. The alternate assessment developed pursuant to this19 Paragraph shall be administered on a schedule determined by the state Department20 of Education and approved by the State Board of Elementary and Secondary21 Education. The alternate assessment shall be part of the Louisiana Education22 Assessment Program otherwise provided for in this Subsection and the alternate23 assessment shall be used for information, accountability, compliance, and planning24 purposes as provided by the State Board of Elementary and Secondary Education.25 (b)26 * * *27 (ii) Students with persistent academic disabilities shall be allowed to take28 academic assessments that are sensitive to measuring progress in their learning and29 SB NO. 597 SLS 14RS-1532 ORIGINAL Page 7 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. that recognize their individual needs. Academic assessments are to be geared1 specifically toward accommodating students to enable them to perform on standards-2 based assessments prescribed in Subparagraphs Subparagraph (1)(c) and (d) of this3 Subsection. Such accommodations shall include at a minimum verbalized test4 questions and shall provide for writing assistance of a scribe and any other5 accommodations deemed appropriate by the student's Individual Education Plan6 committee. However, any such accommodations shall not breach test security or7 invalidate the meaning of the test score or the purpose of the test.8 * * *9 G.10 * * *11 (2) Each parish or city local school board plan for pupil progression shall be12 based upon local goals and objectives which that are compatible with the Louisiana13 Competency-Based Education Program numerated described in R.S. 17:24.4(B)14 Subsection B of this Section, which comply with the provisions of R.S.15 17:24.4(A)(3) Paragraph (A)(3) of this Section, and which supplement the16 performance standards approved implemented by the State Board of Elementary and17 Secondary Education.18 * * *19 Section 2. R.S. 36:651(G)(4) is hereby enacted to read as follows:20 §651. Transfer of boards, commissions, departments, and agencies to Department21 of Education; boards, commissions, and agencies within Department22 of Education23 * * *24 G. The following agencies, as defined by R.S. 36:3, are transferred to and25 hereafter shall be within the Department of Education as provided in Part III of26 Chapter 22 of this Title:27 * * *28 (4) The Student Standards Commission (R.S. 17:24.4(E)).29 SB NO. 597 SLS 14RS-1532 ORIGINAL Page 8 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. * * *1 Section 3. R.S. 17:24.4(F)(1)(d) is hereby repealed.2 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Jeanne C. Johnston. DIGEST Kostelka (SB 597) 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 three 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 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 measure student achievement effectively. 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 until the implementation of the initial standards developed by the commission and approved by the legislature, BESE shall implement the state standards used immediately prior to the adoption of the Common Core State Standards (CCSS) and each public school governing authority may utilize the curriculum it determines best meets content and performance standards. Further provides that the legislature shall approve any subsequent changes to the standards before the standards can be implemented. Proposed law deletes requirement that the state Dept. of Education develop and implement the statewide content standards for required subjects. Effective August 1, 2014. (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))