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2016 LOUISIANA SENATE HOUSE EDUCATION FILED BILLS

LAP Members,

The following covers the above topic. I encourage you to refer to the legislative website for the daily/upcoming meeting updates.

Ken Friedlander
LAP Legislative Advocate
kfriedlander@viscom.net

2016 LOUISIANA STATEREGULAR SESSION LEGISLATURE SENATE EDUCATION FILED BILLS
SB109 by Senator Regina Ashford Barrow
EARLY CHILDHOOD ED: Provides for confidentiality of applications and client case records for child care assistance clients. (gov sig)
SB125 by Senator Conrad Appel
EDUCATION ACCOUNTABILITY: Provides relative to the La. Competency-Based Education Program and the La. Education Assessment Program (LEAP) tests. (gov sig)
Proposed law retains present law provisions with regard to implementation of LEAP tests and further specifies that state content standards shall represent the knowledge and skills needed for students to successfully transition to postsecondary education and the workplace. Proposed law provides for implementation of the standards-based assessments by the Dept. of Education instead of BESE.
SB147 by Senator Ryan Gatti
SCHOOLS: Provides for charter schools to pay a proportionate share of the local school district's of Teachers' Retirement System UAL payment. (6/30/16)
Proposed law provides that the Supreme Court of La. has stated that the per pupil funding provided for through the minimum foundation program (MFP) formula includes the contributions to the Teachers' Retirement System of La. (TRSL), both normal cost and that year's payments of the unfunded accrued liability.
SB149 by Senator Ryan Gatti
SCHOOLS: Provides relative to the funding of virtual charter schools. (gov sig) (OR SEE FISC NOTE GF EX)
Proposed law provides that, notwithstanding any provision of present law, the per pupil amount provided to a charter school shall be computed annually and shall be equal to fifty percent of the state portion and fifty percent of the local portion of the per pupil amount provided through the minimum foundation program formula for the school district in which the student resides or the virtual charter school is located, whichever is the lesser total amount. Proposed law provides that the remaining fifty percent of both the state and local portion of the per pupil amount shall be provided to the local school district in which the student resides
SB 156 Original 2016 Regular Session Claitor
Present law provides for the Balanced Treatment for Creation-Science Act. Provides for, among other things, purpose, definitions, funding, and curriculum development. Present law was held unconstitutional in Edwards v. Aguillard, La. 1987, 107 S.Ct. 2573, 96 L.Ed.2d 510. Proposed law repeals present law.
SB167 by Senator Conrad Appel
EARLY CHILDHOOD ED: Provides relative to the implementation of the assessment and accountability system for publicly funded early childhood education programs. (gov sig)
Proposed law retains present law and requires BESE to also designate the 2016-2017 school year as an academic learning year.
Proposed law retains present law and requires BESE to submit a written report on the progress of the academic learning year to the Senate and House education committees not later than 45 days prior to the 2017 Regular Session that includes detailed descriptive statistics from the 2015-2016 school year, including distributions of the assessment instrument's domain-level scores reported at least by classroom and site levels and broken down by subgroups, including program type, assessor type, funding stream, and geography, as well as by the race and socio-economic status of the communities or children served.

SB174 by Senator Jack Donahue
TOPS: Provides relative to the minimum ACT score for TOPS eligibility and TOPS award amounts. (gov sig) (OR SEE FISC NOTE GF EX)
Proposed law retains the requirement that a student have a minimum ACT score equal to or greater than the state average, truncated to a whole number, but never less than 20.
Proposed law provides that, beginning with the 2017-2018 award year: (1) The amount awarded by the state to a student who is the recipient of any TOPS award shall be equal to the award amount established for each respective award at the postsecondary institution in which the student is enrolled for the 2016-2017 award year. (2) The legislature may, by law, increase the amount awarded at a postsecondary institution in any given award year to a student who is the recipient of any TOPS award. (3) Any increase in award amounts at a postsecondary institution granted by the legislature shall be established as the minimum amount to be awarded to a student who is the recipient of any TOPS award, subject to anylimitations on award amounts otherwise imposed bypresent law. (4) The amount awarded to a student who is the recipient of any TOPS award shall not be less than the amount paid for the previous award year at the postsecondary institution in which the student is enrolled, subject to any limitations on award amounts otherwise imposed by present law. (5) Retains payment of the supplemental amounts established in present law for a recipient of a Performance or Honors award.
SB204 by Senator Troy Carter
MOTOR VEHICLES: Requires occupant restraint systems on certain school buses. (8/1/16)
Proposed law makes present law applicable to every school bus that is manufactured and purchased for use on or after January 1, 2017, and repeals present law that requires appropriation of funds for occupant restraint systems.
SB218 by Senator Wesley Bishop
STUDENTS: Authorizes the Department of Education and the Department of Health and Hospitals to survey students regarding certain risk behavior associated with chronic health conditions. (8/1/16)
Proposed law creates an exception to present law by authorizing the Dept. of Education and the Dept. of Health & Hospital to survey students about their risk behavior associated with chronic health conditions, including those related to sexual health.


SB262 by Senator Dan W. Morrish
EDUCATION ACCOUNTABILITY: Provides relative to state content standards and related tests and assessments. (gov sig)
Proposed law provides that for the 2016-2017 school year BESE shall collect assessment data but shall not use the results for evaluating teacher performance or making placement decisions for fourth and eighth grade students. Additionally, proposed law continues the requirement that the distribution of school and district letter grades shall not vary from that in the 2012-2013 school year, unless the school or district has improved in its performance. Proposed law requires that BESE collect results from the assessments administered in 2017-2018 in order to define the basis for student achievement expectations to be used in the school and district accountability system, value-added analysis and pupil progression benchmarks. Proposed law requires that beginning in 2018-2019, the state may use the results of the assessments for evaluating school and district accountability performance, value-added analysis and pupil progression benchmarks
SB263 by Senator Dan W. Morrish
SCHOOLS: Provides with respect to the treatment of dual enrollment courses within the state accountability system. (gov sig)
Proposed law retains present law and additionally provides that unless the college or university that has approved a dual enrollment course has mandated that the student take and make a particular score on an examination, that BESE shall not require the test to be taken to fully recognize and provide equal status to the course when determining school performance scores and letter grades.
SB270 by Senator Gerald Boudreaux
STUDENTS: Provides relative to student data privacy. (gov sig)
Proposed law retains present law and additionally provides that the Dept. of Education shall provide each local public school system with the information, including personally identifiable information, the system deems necessary to verify the enrollment and residency status of each student residing within the boundaries of the school system but who are enrolled in a public school outside of the jurisdiction of the local school system. Requires the local school system to keep such information confidential and limits the use of the information to the purpose of verifying student enrollment and residency. Present law provides for a penalty of not more than six months imprisonment or a fine of not more than $10,000 for anyone who violates the provisions of present law. Proposed law provides that this penalty shall apply to a local public school system that fails to keep confidential the information provided to verify student enrollment and residency pursuant to proposed law.
SB275 by Senator Beth Mizell
CURRICULA: Requires cursive writing be taught in public schools. (gov sig)
Proposed law provides that, beginning with the 2016-2017 school year, cursive writing shall be taught in all public schools at the appropriate grade levels.
SB279 by Senator Wesley Bishop
TEACHERS: Provides relative to the use of student growth data in teacher performance evaluations. (gov sig)
Proposed law generally replaces the terms "value-added" and "value-added assessment model" with the terms "multiple measures ofstudent achievement, which may include a value-added assessment model", and "professional evaluation program" throughout the laws relative to the evaluation of public school teachers and administrators. Proposed law further deletes language throughout these statutes that makes a distinction between grades and subjects for which value-added data is available and those for which value-added data is not available.
Present law provides for periodic evaluations of professional education employees (teachers and administrators) based in part on growth in student achievement using a value-added assessment model. Proposed law instead provides for a professional employee evaluation program that utilizes multiple measures of student achievement, which shall include a value-added assessment model as determined by the State Board of Elementary and Secondary Education (BESE). Present law provides that teacher certification and renewal of certification is contingent upon whether the teacher has met the standard for effectiveness as determined by BESE using value-added data. Further provides that if a teacher's evaluation demonstrates he has not met the standard for effectiveness using either value-added data or other components of the evaluation for three years, BESE shall not issue or renew the teacher's certificate, unless successfully appealed. Proposed law deletes references to "value-added data" and instead requires that certification and renewal of certification is contingent upon whether a teacher meets the standard for effectiveness as determined by BESE in accordance with law. Present law requires that 50% of teacher and administrator evaluations be based on evidence of growth in student achievement using a value-added assessment model for grade levels and subjects for which value-added data is available. Provides that BESE will establish measures of student growth for grades and subjects for which value-added data is not available and for personnel for whom value-added data is not available. Proposed law provides that teacher and administrator evaluations be based, in part, on evidence of growth in student achievement using multiple quantitative measures of student achievement, which shall include a value-added data assessment model, as determined by BESE. Proposed law specifies that data derived through a value-added assessment model shall not comprise more than 50% of the quantitative portion of the evaluation. Further provides that the remaining percentage of the qualitative portion of the evaluation shall be comprised of measures of student growth as determined by the school principal. Present law provides that the value-added assessment model must take into account student factors such as special education, eligibility for free or reduced price meals, student attendance, and student discipline. Proposed law retains this provision. Present law provides that neither the value-added model nor the measures of student growth established for grades and subjects for which value-added data are not available shall include a test score or data of a student who had ten or more unexcused absences in any semester in a school year. Proposed law deletes all "value-added" references and instead provides that no measure of growth in student achievement shall include a test score or other data of a student who has ten or more unexcused absences in any semester in a given year. Proposed law aligns the provisions in the charter school law relative to teacher and administrator evaluations with those for teachers and administrators in traditional public schools
SB294 by Senator Mack Bodi White, Jr.
STUDENTS: Provides relative to the release of student information in a health or safety emergency. (gov sig)
Present law provides that all personally identifiable information is protected as a right to privacy under the state and federal constitutions. Provides that "personally identifiable information" is information about an individual that can be used on its own or with other information to identify, contact, or locate a single individual. Provides that "personally identifiable information" includes, among other things, information that can be used to distinguish or trace an individual's identity such as full name, social security number, date and place of birth, mother's maiden name, or biometric records and information that is linked or linkable to an individual such as medical, educational, financial, and employment information. Proposed law retains present law. Present law, beginning August 1, 2015, prohibits any official or employee of a local public school system from providing personally identifiable student information to any other person or public or private entity. Present law provides for exceptions, including that, in accordance with applicable present law, certain information may be provided to the local school board, the state Dept. of Education, or the Board of Elementaryand SecondaryEducation for limited purposes including reporting,monitoring, auditing, and accountability. Present law specifies that nothing in present law shall prohibit a person employed in a public school or other person authorized by the superintendent of the public school or school system from being provided or having access to a student's records in accordance with a policy adopted by the local public school board for such purpose. Proposed law retains present law and requires each local public school board to adopt a policy for the release of student information in case of a health or safety emergency. Requires the policy to contain at a minimum specifications of circumstances that constitute such emergencies and a list of persons to whom the information may be disclosed in those circumstances. Further requires the policy to limit the information to be disclosed to the minimum necessary to address the emergency. Proposed law authorizes the release of student information pursuant to the policy adopted in accordance with proposed law.
SB308 by Senator John Milkovich
EDUCATION ACCOUNTABILITY: Limits the amount of instructional time devoted to state and district testing. (gov sig)
Proposed law retains present law and limits the instructional time devoted to state assessments and tests administered at each individual grade level to no more than two percent of the total required instructional minutes established for the school year. Proposed law also limits the instructional time devoted to district assessments and tests administered at each individual grade level to no more than two percent of the total required instructional minutes established for the school year. Proposed law excludes teacher-developed or teacher-initiated assessments used in the course of regular classroom instruction from these testing time limits.
SB310 by Senator Dan Claitor
EDUCATION DEPARTMENT: Requires the Dept. of Education to collect and report certain special education data. (gov sig)
Present law provides that the Board of Elementary and Secondary Education (BESE) annually publish revenue and expenditure data in an easily understandable format on the Department of Education website. Further provides for the type of data to be reported. Proposed law retains present law and additionally requires that the annual report byBESE to include student membership counts and any weighted student counts by student need characteristics, calculations of the amounts of minimum foundation program funding allocated to each school system through the minimum foundation program, amounts provided to and removed from calculations for each city, parish, or other local public school board including the source of funding shifts between school systems, expenditures of funds by city, parish, or other local public school board relative to the amounts generated by the weighted student characteristics and factors by the formula applied to city, parish, or other local public school board. Present law provides that the department of education collect and report on certain student data. Proposed law retains present law. Additionally, requires the annual collection and publication of reports on students with exceptionalities. The information collected and reported shall include breakouts of speech or language impairment category and breakouts of intellectual disability categories, not including students with gifted and talented exclusively, by city, parish, or other local public school board. The data for each disability classifications shall be reported in total as well as unduplicated counts by race, gender, age and sex.
SB317 by Senator Jack Donahue
STUDENTS: Provides relative to student behavior and discipline, including the use of seclusion and physical restraint to address the behavior of students with exceptionalities. (gov sig)
Present law (R.S. 17:252) requires each local public school board to develop a master plan for each school under its jurisdiction for improving student behavior and discipline. Proposed law retains present law. Proposed law creates the Advisory Council on Student Behavior and Discipline to provide advice and guidance to the State Board of Elementary and Secondary Education (BESE) and the state Department of Education (DOE) regarding best practices in providing support to public school governing authorities in the adoption and implementation of school student behavior and discipline plans. Provides that the council be composed of 17 members as follows: (1) The state superintendent of education, or his designee. (2) Three members shall be appointed by the Louisiana Association of Principals. The association shall appoint one principal or assistant principal from the elementary, middle school and high school levels. (3) One member shall be a local school superintendent, appointed by the Louisiana Association of School Superintendents. (4) One member shall be a child welfare and attendance officer, appointed by the Louisiana Association of School Superintendents. (5) One member shall be a safe and drug free schools coordinator, appointed by the Louisiana Association of School Superintendents. (6) One member shall be a director of special education, appointed by the Louisiana Association of Special Education Administrators. (7) One member shall be a pupil appraisal coordinator, appointed by the Louisiana Association of School Superintendents. (8) Three members shall be the parent of a child who presents challenging behavior, two of whom shall be the parent of a child with exceptionalities, other than gifted and talented, all of whom shall be appointed by the Louisiana Developmental Disabilities Council. (9) One member appointed by the Louisiana Developmental Disabilities Council. (10) One member appointed by the Louisiana Advocacy Center. (11) One member appointed by the Louisiana School Boards Association. (12) One member appointed by the Louisiana Council of Juvenile and Family Court Judges. (13) The secretary of the Department of Health and Hospitals, or his designee. Further provides that: (1) The state superintendent of education shall convene the first meeting of the advisory council not later than September 1, 2016, and the Department of Education shall provide staff support to the council. (2) The council shall serve in an advisory capacity and shall comply with the Open Meetings Law. (3) The chair shall be elected by the members of the council. (4) The council shall meet at least three times annually. Meetings shall be called by the chair, who shall set the agenda. Present law (R.S. 17:416.21) exempts certain discipline practices from the definition of "physical restraint". Proposed law deletes the following from those exclusions: (1) Holding of a student by a school employee for less than five minutes in an hour or class period. (2) Minimal physical contact for the purpose of safely escorting a student from one area to another. Present law provides that if a student is involved in five incidents involving seclusion or physical restraint in a school year, the students Individualized Education Plan team must review and revise the student's intervention plan. Proposed law retains present law and additionally provides that after five such incidents, if the student's challenging behavior continues or escalates requiring repeated use of seclusion or physical restraint, the special education director, or his designee, shall review the student's plans every three weeks. Present law requires each public school governing authority to adopt written guidelines and procedures regarding the use of seclusion and physical restraint of students with exceptionalities and provide such to all school employees and parents of students with an exceptionality. Proposed law retains present law and additionallyrequires that the school governing authoritysubmit such guidelines and procedures to the state Dept. of Education. Proposed law requires BESE to adopt rules establishing guidelines and procedures for public school systems to follow regarding the reporting of incidents of seclusion and physical restraint, including specific data elements to be included in such reporting. Present law requires school governing authorities to report all instances of the use of seclusion or physical restraint to DOE and requires the department to maintain a database of all such reported incidents and disaggregate the data by specified data elements. Proposed law retains present law and additionally requires DOE to annually compile a comprehensive report regarding the use of seclusion and physical restraint of students with exceptionalities including the specified data elements and a list of the school systems and charter schools that have complied with the prescribed reporting requirements. Requires DOE to post a copy of the report on its website and submit a written copy to the Senate and House committees on education.
SB329 by Senator Dan Claitor
TOPS: Increases the minimum cumulative grade point average for the Opportunity Award, the Performance Award, and the Honors Award in four years. (gov sig)
Present law provides for academic requirements for the Taylor Opportunity Program for Students (TOPS) awards. Provides for a minimum cumulative grade point average (GPA) and ACT score for each award type. Proposed law retains present law. Present law provides that for an Opportunity Award a minimum GPA of 2.50 is required. Provides that for a Performance Award and an Honors Award a minimum GPA of 3.00 is required. Proposed law retains present law for any student who graduates prior to the 2020-2021 school year. For a student who graduates in the 2020-2021 school year or later, proposed law requires a minimum GPA of 2.75 for an Opportunity Award, 3.25 for a Performance Award, and 3.50 for an Honors Award.
SB330 by Senator John Milkovich
SCHOOLS: Allows each public school governing authority to determine the education content standards and assessments to be used in the schools under its jurisdiction. (gov sig)
Present law provides for the Louisiana Competency-Based Education Program and requiresthe State Board of Elementary and SecondaryEducation (BESE) to adopt state content standards for required subjects and develop state assessments based upon those standards. Proposed law retains present law but provides that the governing authority of each public elementary and secondary school shall have the authority to adopt and implement the content standards and related assessments it determines best serves the educational needs of the students it serves. Proposed law prohibits BESE and the state Dept. of Education from requiring any public school governing authority to implement the common core state standards or any other content standards adopted by the board. Additionally prohibits BESE from requiring schools and school districts to participate in the administration of any state tests or assessments. Proposed law provides that, upon receipt of a petition signed by at least 10% of the registered voters residing within the geographic boundaries of a school district, the local school board shall provide for an election whereby the people shall choose whether state content standards and assessments or locally adopted content standards and assessments will be used in district schools. Proposed law provides that in the case of a charter school, upon receipt of a petition signed by at least 10% of the parents who have children enrolled in the school, the charter school governing authority shall provide for a process whereby the parents of the children enrolled in the school shall be able to vote on whether state content standards and assessments or content standards and assessments adopted by the school's governing authority will be used in the school. Proposed law provides that a public school or school district that declines to implement the state content standards and assessments adopted by the state board shall not be subject to the requirements of the school and district accountability system, nor shall there be any negative consequences with respect to teacher evaluations or pupil progression plans.
SB335 by Senator Dan Claitor
STUDENTS: Prohibits charter schools from requiring disclosure of certain student information. (gov sig)
Proposed law prohibits a charter school from requiring the parent or legal guardian of a student to disclose medical information or special education needs prior to the student being enrolled in the charter school, unless otherwise specifically required by law.
SB342 by Senator Gerald Boudreaux
TEACHERS: Provides relative to the use of student growth data in teacher evaluations. (gov sig)
Present law provides for periodic evaluations of professional education employees (teachers and administrators) based in part on growth in student achievement using a value-added assessment model. Proposed law instead provides for a professional employee evaluation program that uses multiple measures of student achievement, which includes a value-added assessment model as determined by the State Board of Elementary and Secondary Education (BESE). Present law provides that teacher certification and renewal of certification is contingent upon whether the teacher has met the standard for effectiveness as determined byBESE using value-added data. Further provides that if a teacher's evaluation demonstrates he has not met the standard for effectiveness using either value-added data or other components of the evaluation for three years, BESE shall not issue or renew the teacher's certificate, unless successfully appealed. Proposed law deletes references to "value-added data" and instead requires that certification and renewal of certification is contingent upon whether a teacher meets the standard for effectiveness as determined by BESE. Present law requires that 50% of teacher and administrator evaluations be based on evidence of growth in student achievement using a value-added assessment model for grade levels and subjects for which value-added data is available. Provides that BESE will establish measures of student growth for grades and subjects for which value-added data is not available and for personnel for whom value-added data is not available. Proposed law provides that teacher and administrator evaluations be based, in part, on evidence of growth in student achievement using multiple quantitative measures of student achievement, which shall include a value-added data assessment model, as determined by BESE. Proposed law specifies that data derived through a value-added assessment model shall not comprise more than 50% of the quantitative portion of the evaluation. Further provides that the remaining percentage of the quantitative portion of the evaluation shall be comprised of measures of student growth as determined by the school principal. Present law provides that the value-added assessment model must take into account student factors such as special education, eligibility for free or reduced price meals, student attendance, and student discipline. Proposed law retains present law. Present law prohibits the value-added model and the measures of student growth established for grades and subjects for which value-added data are not available from including a test score or data of a student who had 10 or more unexcused absences in any semester in a school year. Proposed law deletes all "value-added" references and instead provides that no measure of growth in student achievement shall include a test score or other data of a student who has 10 or more unexcused absences in any semester in a given year. Proposed law aligns the provisions in the charter school law relative to teacher and administrator evaluations with those for teachers and administrators in traditional public schools.

SB353 by Senator Wesley Bishop
SCHOOLS: Provides for the Louisiana Expectant and Parenting Students Act. (8/1/16)
Proposed law establishes the Louisiana Expectant and Parenting Students Act to recognize existing Federal Title IX obligations and policy provisions that shall be adopted by governing authorities of public secondary schools and charter schools. Further, provides for a report by the state Department of Education on school compliance with policies and data on rates of graduation for students who are expecting and parenting and recommendations for legislation.
SB355 by Senator Patrick Page Cortez
SCHOOLS: Requires contracts to comply with local public school board policy. (8/1/16)
SB 355 Reengrossed
Proposed law requires that any person purporting to enter into any contract on behalf of the school district or schools under the board's jurisdiction, including but not limited to contracts with vendors or contracts of membership in any private or quasi-public entity, comply with policies and procedures adopted by the local public school board in effect at the time the contract is executed. Proposed law specifies that it does not apply to any contract in effect on July 31, 2016, but shall apply to any new contract, renewal or extension of an existing contract executed on or after Aug. 1, 2016. Effective August 1, 2016. (Adds R.S. 17:81(A)(7)) Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill 1. Specifies that proposed law shall not apply to contract in effect on July 31, 2016. 2. Specifies that proposed law shall apply to any new contract, renewal or extension of an existing contract executed on or after Aug. 1, 2016. 3. Technical corrections

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