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 752 Original 2015 Regular Session Smith
Abstract: Provides relative to disciplinary action taken against a public school employee, and his
school, school system, and school governing authority for coercing a student or a student's
parent to refuse participation in a state assessment.
Present law 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 (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. Requires BESE to establish the adequate test scores
for determining successful student performance on the 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.
Proposed law provides that for the 2014-2015 school year:
(1)If a public school has student assessment nonparticipation without valid accountability codes
in grades three through eight in English language arts and math at or above 10% of students
required to take the state assessments, the state Dept. of Education shall issue the school and
the school district in which the school is located a letter grade of "U" for having an unknown
overall school performance.
(2)If a public school has student assessment nonparticipation without a valid accountability
code in grades three through eight in English language arts and math that is less than 10%
of students required to take the assessments, the department shall include in the calculation
of the 2014-2015 school performance score the results from the 2013-2014 state assessments
in English language arts or mathematics for such students.
Proposed law further provides that if the state Dept. of Education determines, after an investigation,
that a public school employee intentionally coerced or caused a student to refuse to participate or the
student's parent to refuse to allow the student to participate in any state assessment, the department
may take disciplinary action against the employee, the school in which he is employed, his
employing school system, and the school governing authority. Requires that any such investigation
be conducted and disciplinary action imposed in accordance with all applicable state and federal
rules, regulations, and laws. Requires BESE to promulgate rules in accordance with the
Administrative Procedure Act for implementation of proposed law. Otherwise retains present law. (Adds R.S. 17:24.4(F)(5))