ENROLLED
ACT No. 422
2023 Regular Session
HOUSE BILL NO. 12
BY REPRESENTATIVES NELSON, ADAMS, AMEDEE, BACALA, BEAULLIEU,
BUTLER, CARRIER, COUSSAN, DESHOTEL, DEVILLIER, DUBUISSON,
ECHOLS, EDMONDS, EDMONSTON, EMERSON, FIRMENT, FREEMAN,
FREIBERG, FRIEMAN, GADBERRY, GAROFALO, GLOVER, HARRIS,
HILFERTY, HUGHES, ILLG, MIKE JOHNSON, MCKNIGHT, MCMAHEN,
MIGUEZ, ORGERON, CHARLES OWEN, ROBERT OWEN, ROMERO,
SCHAMERHORN, SCHLEGEL, SELDERS, STAGNI, THOMAS, THOMPSON,
VILLIO, WHITE, WRIGHT, AND ZERINGUE AND SENATORS MCMATH,
ROBERT MILLS, AND MIZELL
1 AN ACT
2 To enact R.S. 17:24.11, relative to pupil progression; to prohibit the promotion of certain
3 third graders with reading deficiencies to the fourth grade; to require certain
4 instructional services for retained students; to provide exceptions for students who
5 meet certain criteria; to require certain instructional services for students granted an
6 exception; to require the State Board of Elementary and Secondary Education to
7 adopt rules; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 17:24.11 is hereby enacted to read as follows:
10 ยง24.11. Early literacy; promotion to fourth grade
11 A. If a student has a reading deficiency that is not remedied by the end of the
12 third grade as demonstrated by the student scoring at the lowest achievement level
13 in reading on the literacy screener administered pursuant to R.S. 17:24.9, the student
14 shall be given, prior to the beginning of the subsequent school year, two additional
15 opportunities to score a higher achievement level on the literacy screener. If after
16 three opportunities, the student has not scored above the lowest achievement level
17 in reading on the literacy screener, the student shall not be promoted to the fourth
18 grade; however, prior to retention in the third grade, the student shall be screened for
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1 dyslexia as defined in R.S. 17:7(11) and if determined to have dyslexia may be
2 promoted as provided in Subsection C of this Section.
3 B.(1) Each public school governing authority shall provide a student who is
4 retained in the third grade under these circumstances with the following:
5 (a) Intensive instructional services, progress monitoring measures, and
6 supports to remediate the identified areas of reading deficiency, which shall be
7 outlined in an individual reading plan and include a minimum of ninety minutes
8 during regular school hours of daily, evidence-based, scientifically researched
9 reading instruction that includes phonological awareness, phonics, decoding, fluency,
10 and comprehension and other strategies prescribed by the governing authority, which
11 may include:
12 (i) Small group instruction.
13 (ii) Reduced teacher-student ratios.
14 (iii) Tutoring in evidence-based, scientifically researched reading services
15 in addition to the regular school day.
16 (iv) The option of transition classes.
17 (v) Extended school day, week, or year.
18 (vi) Summer reading camps.
19 (b) A highly effective teacher, as determined by student performance data,
20 particularly related to student growth in reading, performance appraisals, and
21 specific training relevant to literacy instruction.
22 (2) The parent or legal guardian of each third grade student who has not met
23 the reading proficiency level required for promotion shall be provided:
24 (a) Written notification that shall include a description of proposed
25 interventions and supports that will be provided to the child to remediate the
26 identified areas of reading deficiency, as outlined in the student's individual reading
27 plan.
28 (b) A plan for reading at home outlined in a parental contract, including
29 participation in regular parent-guided home reading.
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1 C.(1) Notwithstanding Subsection B of this Section, a third grade student
2 who does not meet the literacy criteria for promotion may be promoted to the fourth
3 grade for good cause. A student shall meet at least one of the following criteria to
4 receive a good-cause promotion:
5 (a) He is a Limited English Proficient student who has had fewer than two
6 years of instruction in an English Language Learner program.
7 (b) He is a student with a disability whose Individualized Education Program
8 indicates that the screener or assessments provided for in Subsection A of this
9 Section are not appropriate for the student.
10 (c) He is a student with a disability who participates in such screener or
11 assessments and his Individualized Education Program or Section 504 Plan of The
12 Rehabilitation Act of 1973, Public Law No. 93-112 reflects that he has received
13 intensive remediation in reading for two years but still demonstrates a deficiency or
14 he was previously retained in kindergarten, first, second, or third grade.
15 (d) He is a student who received intensive intervention in reading for two or
16 more years but still demonstrates a deficiency in reading and who was previously
17 retained in kindergarten, first, second, or third grade for a total of two years and has
18 not met exceptional education criteria.
19 (e) He demonstrates an acceptable level of reading proficiency on an
20 alternative standardized assessment approved by the State Board of Elementary and
21 Secondary Education.
22 (f) He has been diagnosed with dyslexia.
23 (2) A determination relative to promotion to fourth grade under the criteria
24 provided in Paragraph (1) of this Subsection shall be made in the following manner:
25 (a) The student's teacher shall submit documentation to the principal that
26 indicates that the promotion of the student is appropriate. The documentation shall
27 clearly demonstrate that the student meets at least one of the criteria listed in
28 Subparagraphs (1)(a) through (f) of this Subsection.
29 (b) The principal shall review and discuss the recommendation with the
30 teacher and parents and make a determination as to whether or not the student should
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1 be promoted. If the principal determines that the student should be promoted, the
2 principal shall make the recommendation in writing to the superintendent, who, in
3 writing, may accept or reject the recommendation.
4 (3) The parent shall have the option to have the child retained in third grade
5 even if the principal and superintendent determine otherwise.
6 (4) A student who is promoted to fourth grade under the provisions of this
7 Subsection shall be provided an individual reading plan, which shall outline intensive
8 reading instruction and intervention informed by specialized diagnostic information
9 and delivered through specific reading strategies to meet his needs. The school
10 district shall assist schools and teachers in implementing reading strategies that
11 research has shown to be successful in improving reading among students with
12 persistent reading difficulties.
13 D. The State Board of Elementary and Secondary Education shall adopt rules
14 in accordance with the Administrative Procedure Act to implement the provisions
15 of this Section.
16 Section 2. The provisions of R.S. 17:24.11 as enacted by this Act shall be
17 implemented beginning with the 2024-2025 school year.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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