Louisiana 2015 Regular Session

Louisiana House Bill HB648 Latest Draft

Bill / Engrossed Version

                            HLS 15RS-424	REENGROSSED
2015 Regular Session
HOUSE BILL NO. 648
BY REPRESENTATIVE SCHRODER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EDUCATION:  Provides relative to access by parents and teachers to assessments
administered to students
1	AN ACT
2To amend and reenact R.S. 17:355(D) and to enact R.S. 17:24.4(F)(5) and 355(B)(3) and
3 (E), relative to access to school-related information and materials; to provide relative
4 to access by parents and teachers to assessments administered in public schools; to
5 provide for penalties; to provide for the promulgation of rules by the State Board of
6 Elementary and Secondary Education; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 17:355(D) is hereby amended and reenacted and R.S. 17:24.4(F)(5)
9and 355(B)(3) and (E) are hereby enacted to read as follows:
10 §24.4.  Louisiana Competency-Based Education Program; statewide standards for
11	required subjects; Louisiana Educational Assessment Program; parish or city
12	school board comprehensive pupil progression plans; waivers
13	*          *          *
14	F.
15	*          *          *
16	(5)(a)  Each public school teacher is entitled to review the assessment results 
17 of any student he taught for the subject he taught in that school year and is entitled
18 to review an individualized student assessment report that identifies the student's
19 performance in each assessment domain.
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HB NO. 648
1	(b)  Each city, parish, and other local public school board shall adopt rules
2 and policies for each school to provide access to the student assessment results to a
3 teacher, upon request, for each student he taught for the subject he taught in that
4 school year.  The principal of each school shall ensure that the school complies with
5 such rules.
6	*          *          *
7 §355.  Parental access to instructional materials
8	*          *          *
9	B.  A parent is entitled to:
10	*          *          *
11	(3)  Review each assessment administered to the parent's child after the
12 assessment is administered, pursuant to Subsection E of this Section.
13	*          *          *
14	D.  For purposes of this Section:
15	(1)  "Assessment" means a state assessment administered pursuant to R.S.
16 17:24.4 but shall not include a national assessment that the state Department of
17 Education is prohibited by the assessment vendor from providing to a parent for
18 review.
19	(1) (2)  "Instructional materials" means content that conveys the knowledge
20 or skills of a subject in the school curriculum through a medium or a combination of
21 media for conveying information to a student.  It also includes any nonsecure test,
22 nonsecure assessment, or survey administered to a student.  The term also includes
23 books, supplementary materials, teaching aids, computer software, magnetic media,
24 DVD, CD-ROM, computer courseware, online material, information, or services, or
25 an electronic medium or other means of conveying information to the student or
26 otherwise contributing to the learning process.
27	(2) (3) "Parent" means the parent or legal guardian of a child attending a
28 public elementary or secondary school.
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HB NO. 648
1	(3) (4) "Survey" means any evaluative instrument or questionnaire that is not
2 an assessment of academic knowledge, skills, or abilities, administered as part of a
3 state, national, or international assessment or by itself.
4	E.(1)  The state Department of Education shall provide for an assessment
5 review period for parents of students who are administered such assessments.  The
6 review period shall begin not later than ten business days following the
7 dissemination of assessment results to parents and shall be offered for at least ten
8 consecutive business days.  The review shall be held at the department's main office
9 during regular business hours in the presence of the director of assessments or his
10 designee.  The parent shall be given a reasonable amount of time to complete the
11 review; however, such time shall not exceed two hours. The parent may choose to
12 review his child's assessment, answers, and results as provided in Subparagraph
13 (3)(c) of this Subsection.  During the review, the parent shall not photocopy or
14 photograph any assessment item or question or make handwritten or typed notes that
15 identify an assessment item or question.
16	(2)  A parent who violates the provisions of Paragraph (1) of this Subsection
17 shall be fined not more than ten thousand dollars and may be required to reimburse
18 the state Department of Education for any costs incurred by the department to
19 replace any assessment items or questions determined to no longer be secure due to
20 the actions of the parent.
21	(3)  The State Board of Elementary and Secondary Education shall
22 promulgate rules in accordance with the Administrative Procedure Act for the
23 implementation of this Subsection.  Such rules shall include but not be limited to all
24 of the following:
25	(a)   A procedure for notification to be provided by the department to each
26 parent of the review requirements and the penalties for violation as provided in this
27 Subsection.
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1	(b)  A requirement that the parent sign a statement confirming that he has
2 received and read the notification and agrees to fully comply with the review
3 requirements.
4	(c)  A requirement that the parent inform the department as to his choice to
5 review either the actual assessment taken by his child and his child's answers and
6 results for that assessment or a copy of an example of the assessment given to his
7 child that contains only the assessment questions.
8	(d)  Time lines necessary for the department to obtain a student's  actual
9 assessment and the student's answers and results and provide these to  the parent.
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)]
HB 648 Reengrossed 2015 Regular Session	Schroder
Abstract:  Provides relative to access by parents and teachers to assessments administered
in public schools.
Present law (R.S. 17:24.4(F)) requires standards-based assessments for required subjects
(English language arts, math, science, and social studies) to be implemented by the State
Board of Elementary and Secondary Education and administered in at least grades 3-11. 
Provides that such assessments be based on state content standards and rigorous student
achievement standards comparable to national student achievement levels.  Proposed law
provides that a public school teacher review the assessment results of any student he taught
for the subject he taught in that school year and review an individualized student assessment
report that identifies the student's performance in each assessment domain.  Requires local
public school boards to adopt rules and policies for each school to provide access to the
student assessment results to a teacher.  Requires the school principal to ensure that the
school complies with such rules.  Otherwise retains present law.
Present law (R.S. 17:355) provides that a parent of a child attending a public elementary or
secondary school is entitled to:
(1)Review instructional materials used by or administered to the parent's child.
(2)Review any survey before it is administered or distributed by a school to a student.
Proposed law adds provision that entitles a parent to review each assessment administered
to the parent's child after the assessment is administered; otherwise retains present law.
Proposed law defines "assessment" as a state assessment administered pursuant to present
law, which requires measuring performance in relation to grade appropriate skills, state
content standards, and national educational indices.  "Assessment" does not include a
national assessment that the state Dept. of Education is prohibited by the assessment vendor
from providing to a parent for review.
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Proposed law requires the state Dept. of Education to provide for an assessment review
period for parents.  Requires that the assessment period begin no later than 10 business days
following the dissemination of assessment results to parents and requires it to be offered for
at least 10 consecutive business days.  Requires that the review be held at the department's
main office during regular business hours in the presence of the director of assessments or
his designee.  Requires that the parent be given a reasonable amount of time to complete the
review not to exceed two hours.  Permits the parent to review his child's assessment,
answers, and results if he so chooses.
Proposed law prohibits the parent, during the review, from photocopying or photographing
any assessment item or question or making handwritten or typed notes that identify an
assessment item or question.  Provides that a parent who violates proposed law be fined not
more than $10,000 and may be required to reimburse the state Dept. of Education for any
costs to replace any assessment items or questions determined to no longer be secure due to
the actions of the parent.
Proposed law requires the State Board of Elementary and Secondary Education to
promulgate rules in accordance with the Admin. Procedure Act for the implementation of
proposed law relative to the review period.  Requires that such rules include certain
components relative to notification to parents, requirements for signed statements and
information from parents, and time lines for obtaining the assessments.
(Amends R.S. 17:355(D); Adds R.S. 17:24.4(F)(5) and 355(B)(3) and (E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Change definition of "assessment" to specify that it does not include a national
assessment that the state Dept. of Education is prohibited from providing to a
parent for review.
2. Relative to teacher access to assessment results, limit such access to subjects the
teacher taught the student and add provision for review of individualized student
assessment reports.
3. Add provisions that provide for assessment review period for parents and to add
penalties for parents who violate the provisions of proposed law.
The House Floor Amendments to the engrossed bill:
1. Require that parents be given a reasonable amount of time to complete the
review not to exceed two hours.
2. Permit a parent to review his child's actual assessment, answers, and results.
3. Delete the six month imprisonment penalty for parents.
4. Add requirement that BESE promulgate rules for implementation of proposed
law relative to the review period and require that such rules include specified
elements.
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CODING:  Words in struck through type are deletions from existing law; words underscored
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