SLS 20RS-840 ORIGINAL
2020 Regular Session
`
SENATE BILL NO. 481
BY SENATOR FIELDS
STUDENTS. Provides relative to students impacted due to the COVID-19 public health
emergency. (gov sig)
1 AN ACT
2 To enact R.S. 17:8, 3351(M), and Part IV-A of Chapter 50 of the Louisiana Revised Statutes
3 of 1950, to be comprised of R.S. 17:5111, relative to elementary, secondary, and
4 postsecondary education; to provide relative to students impacted as a consequence
5 of the public health emergency declared by the governor on March 11, 2020, in
6 response to COVID-19; to provide with respect to the applicability of certain statutes
7 related to the provision and conduct of elementary and secondary education; to
8 provide relative to the powers and duties of postsecondary management boards; to
9 provide for waivers and exceptions to certain program requirements and conditions
10 for Taylor Opportunity Program for Students' awards; and to provide for related
11 matters.
12 Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 17:8, 3351(M), and Part IV-A of Chapter 50 of the Louisiana
14 Revised Statutes of 1950, comprised of R.S. 17:5111, are hereby enacted to read as follows:
15 §8. Students impacted by declaration of public health emergency; 2019-2020
16 school year
17 A. The legislature finds that the public health emergency declared by the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 481
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1 governor on March 11, 2020, relative to the novel coronavirus, COVID-19, and
2 the subsequent ordered closure of public schools, has negatively impacted
3 students. The legislature further finds that it is in the best interests of the
4 elementary and secondary students of this state that certain statutory provisions
5 be suspended for the entirety of the 2019-2020 school year including:
6 (1) The provisions of R.S. 17:10.1 relative to the statewide school and
7 district accountability system.
8 (2) The provisions of R.S. 17:24.4 that mandate annual administration
9 of testing through the Louisiana Educational Assessment Program and end-of-
10 course examinations.
11 (3) The provisions of R.S. 17:4023 and 6301(B)(2)(ii) that require
12 nonpublic schools to administer state assessments to students participating in
13 the Louisiana Student Scholarships for Educational Excellence Program and to
14 students receiving scholarships from donations to school tuition organizations.
15 (4) The provisions of R.S. 17:391.2 et seq relative to public school
16 accountability and assessments.
17 (5) The provisions of R.S. 17:407.23 relative a uniform assessment and
18 accountability system for publicly funded early childhood education programs.
19 (6) The provisions of R.S. 17:154.1 that provide for a minimum number
20 of instructional days and instructional minutes per school year.
21 (7) The provisions of R.S. 17:154.3 that require teachers to work a
22 minimum number of days per school year.
23 (8) The provisions of R.S. 17:194(B) to allow school districts greater
24 flexibility in administering nutrition programs.
25 (9) The provisions of R.S. 17:221 that mandate school attendance.
26 (10) The provisions of R.S. 17: 232 that require attendance to be checked
27 at all schools.
28 (11) The provisions of R.S. 17:3881 et seq., R.S. 17:3901 et seq., and R.S.
29 17:3997(D) relative to teacher evaluations and use of value-added data as a
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 481
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1 criteria for the receipt of teaching credentials.
2 (12) The provisions of R.S. 17:3991(C)(1)(b) that require charter schools
3 to adhere to certain student application and enrollment procedures.
4 B. The State Board of Elementary Education shall adopt emergency
5 rules in accordance with the Administrative Procedure Act to effect the
6 suspension of the statutes enumerated in Subsection A of this Section.
7 * * *
8 §3351. General powers, duties, and functions of postsecondary education
9 management boards
10 * * *
11 M. Each public postsecondary education management board shall adopt
12 such policies as it deems necessary and prudent to address and minimize the
13 negative impacts of the public health emergency declared by the governor in
14 response to the novel coronavirus, COVID-19, upon the students, faculty, and
15 employees of each institution under its management and supervision. Such
16 policies may include, but not necessarily be limited to, online and distance
17 learning, student housing and food services, refund of tuition and fees as
18 appropriate, faculty and employees working remotely, cancellation or
19 postponement of campus events, commencement activities, regular
20 communication with students, faculty, and employees.
21 * * *
22 PART IV-A. STUDENTS IMPACTED BY DECLARED
23 PUBLIC HEALTH EMERG ENCIES
24 §5111. Students impacted by declared public health emergencies; initial and
25 continuing eligibility for program awards; waivers and
26 exceptions
27 A.(1) The legislature finds that due to the effects of the public health
28 emergency declared by the governor on March 11, 2020, relative to the novel
29 coronavirus, COVID-19, it is in the best interest for the education of the people
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 481
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1 of the state that initial eligibility requirements and continuing eligibility
2 requirements established in Part I of this Chapter for awards pursuant to the
3 Taylor Opportunity Program for students be modified as provided by this
4 Section for students impacted as a result of the public health emergency.
5 (2) For the purposes of this Section, "impacted student" mean:
6 (a) A student who was enrolled in a public high school or a nonpublic
7 high school having the approval of the State Board of Elementary and
8 Secondary Education required by Part I of this Chapter for program eligibility
9 purposes during the 2019-2020 school year.
10 (b) A student who is the recipient of a program award who was enrolled
11 in an eligible college or university on the fourteenth class day of the Spring 2020
12 semester or on the ninth class day for institutions operating on a quarter
13 system.
14 B. Relative to initial eligibility requirements for a Taylor Opportunity
15 Program for Students award applicable to a student impacted by the public
16 health emergency during the 2019-2020 school year, the administering agency,
17 in accordance with the Administrative Procedure Act, shall provide by rule as
18 follows:
19 (1) The program requirement that a student who graduates from an
20 eligible Louisiana high school during the 2019-2020 school year must have
21 successfully completed the applicable core curriculum shall be waived for an
22 impacted student upon proper documentation by the student's high school
23 principal or headmaster or authorized designee that failure to comply with such
24 requirement is due solely to the fact that school closure prevented the student
25 from completing any required course.
26 (2) The administering agency may receive and consider an impacted
27 student's qualifying score on the ACT or SAT which is first obtained after the
28 national April testing date in the year of the student's high school graduation
29 for purposes of determining eligibility for all program awards and levels.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 481
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1 C. Relative to initial eligibility requirements and continuing eligibility
2 requirements for an impacted student, the administering agency, in accordance
3 with the Administrative Procedure Act, shall, by rule, waive any provision of
4 Part I of this Chapter that imposes upon an impacted student a program
5 requirement or condition that the student cannot comply with or meet when it
6 is determined by the administering agency that failure to comply, more likely
7 than not, is due solely to a consequence of the declared public health emergency.
8 D. The administering agency shall take all administrative action
9 necessary to expedite full implementation of the provisions of this Section. The
10 administering agency shall also disseminate information to impacted students
11 and their families and other interested parties regarding program changes
12 made pursuant to the provisions of this Section in the most timely manner
13 possible.
14 Section 2. This Act shall become effective upon signature by the governor or, if not
15 signed by the governor, upon expiration of the time for bills to become law without signature
16 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17 vetoed by the governor and subsequently approved by the legislature, this Act shall become
18 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
SB 481 Original 2020 Regular Session Fields
Proposed law provides for suspension of certain laws pertaining to elementary and secondary
education for students impacted by the public health emergency declared by the governor
in response to the novel coronavirus, COVID -19.
Proposed law requires postsecondary education management boards to adopt policies to
address the negative impacts on postsecondary students, faculty, and other employees by the
public health emergency declared by the governor in response to the novel coronavirus,
COVID -19.
Proposed law provides for the administering agency of the Taylor Opportunity Program for
Students to adopt rules to provide waivers and exceptions to initial eligibility requirements
and continuing eligibility requirements for students impacted by the public health emergency
declared by the governor in response to the novel coronavirus, COVID -19.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 481
SLS 20RS-840 ORIGINAL
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 17:8, 3351(M), and 5111)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.