Legislative Action Plan - BoardDocs

Legislative acts and resolutions for 2012

john white, state superintendent of education

Legislative Action Plan

LEGISLATIVE ACTION PLAN 2012 REGULAR SESSION - ACTS AND RESOLUTIONS

Act Author Legislative Summary Implementation Plan

Legislative Action Plan for the 2012 Regular Session Page 1 of 11

Act 1 Carter Correlates school personnel matters to performance, including superintendent contracts, teacher tenure, salary scales, and reduction in force polices.

• Notify LEAs of requirements of the new legislation

• Support LEAs with implementation through briefings, templates and model policies, and individualized consultation

Act 2 Carter Expands educational options through a statewide scholarship program, a new course provider program, locally authorized charter schools, and parent petitions for transferring low-performing schools to the RSD.

• Consult with stakeholders on implementation • Implement new programs according to

timelines set forth in law • Engage in extensive communications to inform

families and providers of new opportunities Act 3 Appel Provides for the creation of (a) an early childhood care and education network

for the purposes of improving outcomes at all levels of early childhood programs and for expectations to be raised to levels that promote kindergarten readiness, and (b) a comprehensive delivery system that is coordinated and integrated across all programs and related state agencies.

• Align policies and guidelines across publicly funded early childhood programs

• Align the Tiered Quality Rating Improvement System (TQRIS) and associated tax credits to new program letter grades

• Submit summary report to BESE on the status of the development of the early childhood care and education network in January 2013

• Submit written report to the legislature on the status of development of the early childhood care and education network; include any recommendations relative to changes in law or administrative policy needed to properly implement the network in March 2013

• Fully implement 7/13/2014 Act 25

Talbot Authorizes a rebate for certain donations to certain school tuition organizations. • In coordination with the Department of Revenue, develop the school tuition organization eligibility and participation process, rebate calculation method, and monitoring protocol

• Develop regulations and submit to BESE for approval

• Develop communications strategy for prospective school tuition organizations




Act 74

Leger Authorizes the transfer of specific OPSB property • No action necessary

Act 148

Morrell Creates whistle blower protections from discharge, demotion, suspension, threats, harassment or discrimination for employees in furtherance of any action taken to report sexual abuse of a minor child by a fellow employee to law enforcement. The law allows an employee aggrieved of such action to bring an action for relief for damages from any action taken by the employee with is in furtherance of the protection of a minor child. The law provides for treble damages, court costs, and attorney fees.

• No action necessary

Act 183

Thompson Adds an adult with a disability or a parent of a child with a disability to serve on the College and Career Readiness Commission, to be appointed by the State Superintendent of Education.

• Solicit nominations for the new commission member

• Superintendent selects and notifies new representative

• Update CCR Commission membership with the Governor’s Office of Boards and Commissions

Act 249

Barrow Allows a child in foster care to remain in the public school in which the child was enrolled at the time he entered foster care for the duration of the child’s stay in the custody of the state or until he completes the highest grade offered at the school if it is in the best interest of the child. The prior law only required this for the year in which the child was placed in foster care.

• Submit proposed revisions to Bulletin 119 and Bulletin 741 for BESE approval

• Notify LEAs of the requirements of the law

Act 275

Schroder Updates existing laws on standards and assessments to conform with Louisiana’s transition to the Common Core State Standards and assessments aligned to those standards. It requires the Department, beginning with the 2014-2015 school year, to implement assessments based on nationally recognized content standards in English language arts and mathematics.

• Continue transition plan for the full implementation of new standards for English, math, science and social studies; implement transitional assessments to ease transition to PARCC assessments in 2014-15

• Provide training and resources for school leaders and educators

Act 288

Henry Provides for the establishment and administration of a coordinated school health program (CSHP) for the purpose of reducing childhood obesity. Subject to the appropriation of funds for this purpose, the Department, in consultation with DHH, will establish and administer a targeted coordinated school health program by establishing standards, guidelines for implementation, and an evaluation system. LDOE will establish and administer a grant program to assist LEAs with the implementation of the program. Note: No funds were appropriated for this purpose for FY 13.

• No action needed at this time




Act 295

Barrow Permits BESE to establish a community service diploma endorsement to recognize high school students who perform a certain number of hours of documented community service in grades 9 – 12.

• Meet with LYAC representatives and LA SERVE Commission to develop a plan for determining the feasibility of implementing a community service diploma endorsement

• If determined to be feasible and recommended by the Department, develop proposed policy for community service diploma endorsement

• Submit proposed policy to BESE for approval Act 298

Heitmeier Allows a member of TRSL to be eligible to obtain credit in TRSL system for teaching service rendered in any charter school, nonpublic college or university in Louisiana or state approved elementary or secondary nonpublic or parochial school in Louisiana. Allows charter school teachers to purchase service credit in TRSL. Allows charter schools to offer a bifurcated pension plan to their employees with persons who have creditable service in TRSL remaining in TRSL and persons with no TRSL service in an alternative retirement plan.

• No actions required by LDOE or BESE; however, this law shall become effective only if TRSL receives a ruling from the IRS concluding that new law does not adversely affect the system's status as a qualified governmental plan

Act 378

H. Burns Defines “elementary school” as pre-k through 8th grade, defines “middle or jr. high school” as grades 5th through 9th but includes 7th and 8th grade, “high school” as grades 9th thru 12th grade, and middle, junior high, and high schools as “secondary schools.”

• Use terms accordingly when reporting to the USDOE and in other public reports to ensure consistency

Act 384

Hodges Requires public schools to provide age and grade appropriate instruction on Internet and cell phone safety. Requires that the instruction shall be integrated into an existing course and requires BESE to prescribe appropriate instructional materials.

• Notify LEAs of the requirements of the law • Submit proposed revisions of Bulletin 741 for

BESE approval • Identify instructional materials

Act 386

Pugh At the statewide election to be held on November 6, 2012, a proposition must appear on the ballot in each school district to determine whether the members of the school board will have term limits of three consecutive four-year terms. Does not apply to any school district in which school board members are limited to three consecutive terms or less by law enacted or pursuant to a proposition approved by the voters prior to January 1, 2010.

• Notify LEAs of the requirements of the law • Coordinate with the Louisiana Secretary of

State as needed

Act 393

Harrison Requires that the founding principles of the United States be taught in U.S. history and civics courses that are required for graduation.

• Review course content standards to ensure that these topics are included




• Notify LEAs of the requirements of the law Act 416

Honore Authorizes any elementary or secondary school operated by Louisiana State University and A&M College or by Southern University and A&M College to pursue contracting with food service management companies.


Act 420

Honore Enacts a tuition increase at Southern Laboratory School. • No action necessary

Act 421

Ortego Authorizes a cooperative endeavor between University Medical Center in Lafayette and the Lafayette Parish School System to develop a school health and wellness pilot program.


Act 424

Foil Extends the School Choice Program for Certain Student with Exceptionalities for another two years. Eligible students may reside anywhere in the state and may enroll in any grade, so long as they are eligible to attend public school.

• Revise current process for participating schools and students

• Submit proposed revisions to Bulletin 133 and Bulletin 1706 for BESE approval

• LDE submission of a report to House and Senate Committees on Education no later than December 1, 2014 on the implementation of the program

Act 436

Price Allows local public school boards to sell used individual computing devices at private sale to students, parents, tutors or legal guardians.


Act 441

Carter Designates the State Superintendent as the governing authority for Louisiana Special Schools (formerly BESE Special Schools). The law grants the SSD Superintendent the authority to grant certain types of leave. It removes outdated references and reflects current structure.

• Revise Personnel and Administrative Manual for SSD and BSS to replace BESE responsibilities with State Superintendent responsibilities

• Revise BESE Administrative Code, Chapter 3 Act 483

Pearson Include retirement changes for members outside of the K-12 system, but also allows any employee who first employment makes him eligible for membership in one of the state systems on or after July 1, 2013 to make an irrevocable election to join the cash balance plan of the retirement system within 60 days of employment.

• Notify LEAs of the provisions of the law

Act 510

Pope Adopts the provisions of present federal law (IRS Code and USERRA) and present state law into TRSL’s laws, relative to contributions, benefits, and service credit. It conforms provisions of TRSL law to provisions of HEART for tax qualification purposes.


Act 587

Lorusso Allows any student, otherwise academically eligible, to participate in an extracurricular interscholastic athletic activity if the student transferred to the





school due to a move necessitated by military orders issued to the student’s parent or legal guardian.

Act 591

Hoffman Allows a school board to authorize a principal to allow non-school related communication between an employee and a student if the purpose of that communication is submitted in writing (extracurricular, community-based, student athletics, etc.)

• Submit proposed revisions to Bulletin 741 for BESE approval


Act 617

Appel Recreates the Department, BESE, and other statutory entities effective June 30, 2012 until July 1, 2017. All legislative authority for the existence shall cease as of July 1, 2017. LDE and other statutory entities shall begin to terminate their operations on July 1, 2016.


Act 624

Morrell Requires public school governing authorities to adopt a policy allowing school nurses and trained school employees to administer epinephrine, whether or not a student has a prescription for epinephrine.

• Work with the School Nurse Advisory Council to revise the School Nurse Handbook/Resource Guide

Act 628

LaFleur For the existing requirement that requires LA 4 grantees to offer a full program of not less than 10 hours per day (6-hour educational program and 4 hours of before- and after-school enrichment), transfers authority to grant waivers for the before- and after-school enrichment component to the Department as opposed to seeking BESE approval as indicated in previous law.

• Update the LA 4 Guidelines to incorporate the new waiver policy

Act 629

Murray Requires an academic plan for children committed to the Department of Public Safety and Corrections.


Act 643

Donahue Relieves schools School Improvement Plan requirement and clarifies the requirement that the LDE provide school governing authorities a profile of their trend data.

• LDE will continue to provide LEAs with a profile of their trend data

Act 659

Walsworth Allows a local public school board to request a limited waiver from the State Superintendent of Education from complying with the provision relative to system-wide student-teacher ratios for grades K-3, provided that the teacher has demonstrated effectiveness as defined by BESE. The law also requires that no later than September 1 of each year, the LDE shall submit a written report to the Senate and House Committees on Education detailing all waiver requests and the disposition of each.

• Submit proposed revisions to Bulletin 741 to BESE for approval

• Provide the Senate and House Committees on Education a report on all waiver requests by September 1

Act 665

Morrell Allows students otherwise eligible to participate in an extracurricular interscholastic athletic activity to participate in any soccer camp or any other soccer showcase opportunity, including training, with regard to college recruitment.





Act 672

Brown LEAs may provide transportation to any full-time student who is 20 years of age or younger to a technical college campus within the jurisdictional boundaries of the local board. If the closest technical college is outside of the jurisdictional boundaries, the LEA may facilitate the transportation or coordinate with a neighboring LEA. The LEA may assess a fee to each student utilizing the transportation service, not to exceed the actual cost of providing such transportation. This provision does not apply to parishes with a population over 300,000 and parishes that operate a public transit system that provides sufficient service.

• Submit proposed revisions to Bulletin 119 to BESE for approval

• Notify LEAs of the provisions of the law • Communication to Louisiana Community and

Technical College System

Act 691

Nevers Requires that an election be called for the purpose of consolidating two or more school systems, in accordance with Article VIII, Sec. 10(C) of the La. Constitution and pursuant to an act of the legislature or a resolution adopted by each of the affected school boards. The law requires that such a proposed consolidation of two or more school systems shall be approved by a majority of the electors voting, in each school system affected, in the election held for that purpose.

• No actions necessary

Act 695

Thibaut Authorizes schools to name facilities/streets after living persons. • Notify LEAs of the requirements of the law

Act 704

Harrison School bus drivers hired after July 1, 2012 are not eligible for tenure. • Submit proposed revisions to Bulletin 119 for BESE approval

• Notify LEAs of the requirements of the law Act 706

K. Jackson Requires each high school that participates in interscholastic athletics to have an automated external defibrillator (AED) on its premises, if funding is available.


Act 708

Abramson Extends the Orleans Parish School Board the right of first refusal on educational facilities owned by chartering groups seeking to dispose of those facilities.

• Notify charter operators in New Orleans of the provisions of the law

Act 736

Morrell Creates a process for child-occupied facilities to publicly disclose any lead hazards, abatement activities or testing. The law requires such a facility to provide notification to the parents or guardians of children enrolled at such facilities. The law requires the Secretary of the DEQ to notify BESE of any lead hazards, lead abatement activities, or any lead testing which exceeds applicable standards in a pre-school, public or non-public elementary school facility if the facility was first placed into operation after August 1, 2012 and qualifies as a child-occupied facility.

• No action required at this time

Act 788

Appel Amends provisions relative to extended sick and sabbatical leave for school bus drivers, teachers, and school employees. Changes include:

• Decisions relative to the granting of extended sick and sabbatical leave





shall be made by the local superintendent. • Extended sick leave requires a statement from a licensed physician

certifying that it is a medical necessity for the employee to be absent for at least ten consecutive days. The law defines medical necessity as the result of a catastrophic illness or injury, which means a life-threatening, chronic, or incapacitating condition of the school bus operator or a member of his immediate family.

• LEAs must develop and implement a sick leave bank policy and annually submit a report to the LDE on the number of leave requests granted and denied each year.

• Teachers granted maternity leave who have no remaining sick leave balance may take up to 30 days of extended sick leave in each six-year period.

• Makes granting sabbatical leave permissive rather than mandatory. • Statute related to sabbatical leave for certified school nurses,

audiologists, educational diagnosticians, and speech-language pathologists is repealed.

Act 831

Richard Requires local school systems to educate all students expelled or suspended, requires students to attend and participate, allows school governing authorities to enter into an agreement with an education service provider for students who have been adjudicated delinquent or as a member of family in need of services and assigned by the office to a community-based program or facility, or are in custody of OJJ, or have been suspended or expelled for certain weapons and controlled dangerous substance offenses.

• Notify LEAs of the requirements of the law • Submit proposed revisions to Bulletin 741 to

BESE for approval

Act 841

Lafleur Allows BESE to expend La. Quality Education Support Fund monies to utilize peer-review consultants for program review.


Act 845

Long Requires parents to attend at least one school conference a year and requires teachers to schedule at least two conferences in the first semester. LEAs must adopt rules that do not give consequences to students for parents who do not attend a conference.


Act 851

Lafleur Creates a committee to develop a plan for the creation of an international language immersion school at the University of Louisiana at Lafayette. The legislation identifies the members of the committee and requires that the committee submit a written report and implementation plan to the House and Senate Education Committees.

• Designate a designee to this committee

Act Nevers Provides for the development of student diabetes management and treatment • Convene stakeholders meeting to begin




858 plans; care and duties of school personnel; training and duties of unlicensed diabetes care assistants; student self-monitoring and treatment.

development of rules, regulations and policies regarding the training of unlicensed diabetes care assistants

• Submit proposed revisions for Bulletin 741 to BESE approval

Act 861

Ward Ensures that all school districts develop and implement a comprehensive policy to protect students from bullying. The act sets forth a more detailed definition of bullying, procedures for reporting and investigating bullying, discipline of bullying, student placement, reporting, and training of school personnel

• Notify LEAs of the requirements of the law • Draft rules and regulations for the reporting

and investigation of incidents of bullying • Submit revisions to Bulletin 741 for BESE

approval • Disseminate rules and guidelines for reporting

and investigating bullying incidents and other resource materials to LEAs

HR 9 Carter Requests that the State Board of Elementary and Secondary Education (BESE), in collaboration with the La. Serve Commission, study the feasibility of establishing a "distinction for community service" diploma endorsement.


• If determined to be feasible and recommended by the Department, develop proposed policy for community service diploma endorsement

• Submit proposed policy to BESE for approval HR 121

Barrow Requests BESE to require the state superintendent of education to expand the Louisiana Believes outreach to all parishes.

• No action necessary; the LDE is continuing to visit stakeholders across the state

HR 155

Cox Requests the State Board of Elementary and Secondary Education and the Board of Supervisors of Community and Technical Colleges to study the availability of and need for vocational education programs for high school students.

• Convene meetings of appropriate LDE and LCTCS staff to identify existing and needed programs and to make recommendations

• Submit a draft report to BESE for approval and authorization to submit to House Committee on Education in December 2012

• Submit report to House Committee on Education in January 2013

HR 175

Barrow Requests that the state superintendent and BESE report electronically every sixty days to each member of the legislature on the status of implementation of the local charter authorizers, the course provider program, and the parent

• The LDE will determine the most effective way of updating the legislature on the status of these Act 2 provisions




petition process contain in Act 2 of the 2012 session. The electronic reporting should begin on August 31, 2012 and each report should include:

• The name and location of each local charter authorizer certified by BESE

• The and location of and funding provided to each course provider authorized by BESE

• The number of parent petitions received by BESE and the school systems in which the schools in question are located

HCR 63

Pope Requests that each legislator, statewide elected official, and member of BESE volunteer to substitute teach in a public elementary or secondary school in Louisiana for at least two full school days each year of their term of office through a program designated as the “Be Proud to Teach” program. Participants are encouraged to communicate annually with their constituents and colleagues relative to the knowledge and experience gained through their participation.

• Coordinate with legislative staff on the “Be Proud to Teach” program

• Inform BESE members of opportunities within the program

HCR 86

Thompson Requests BESE study the advantages and disadvantages of enacting a law limiting the salary amounts for certain public school administrators to that paid to teachers

• Collect and evaluate salary data from LEAs around Louisiana

• Submit report and recommendation to House and Senate Committees on Education in December 2012

HCR 95

Hazel Requests the Board of Supervisors of Community and Technical Colleges and the State Board of Elementary and Secondary Education jointly to study and report on the feasibility of granting a Louisiana high school diploma to successful completers of adult education programs that meet state established standards.

• Meet with LCTCS to develop a plan for a feasibility study

• Conduct research for (1) determining whether adult education programs meet established state standards, (2) identifying completers that meet current graduation requirements, and (3) examining need for revising current policies and/or developing new policy

• Compile report of findings and recommendations

• Request BESE approval and authorization to submit report to House and Senate Education Committees

• Submit report to House and Senate Education Committees in January 2013




HCR 106

Hoffman Requests the State Board of Elementary and Secondary Education provide for the inclusion of "read alouds" in early childhood education programs.

• Distribute LDE “read aloud” brochure statewide

• Continue to encourage “read alouds” in preK and K curriculum

HCR 175

Bishop Requests that the Recovery School District rename Little Woods Elementary School in New Orleans East in honor of Dolores T. Aaron, a longtime educator, public servant, and pillar of the community who passed away in January 2012.

• The RSD will consult with the school operator regarding this request

• If the school name is changed, a material amendment to the charter operator’s contract will be submitted for BESE’s approval

HCR 200

Hunter Requests the Ouachita Parish and the Monroe City school boards to take actions toward achieving unitary status for their school districts and to make efforts to have a single school system that provides all students with the same high quality education, including “taking care” when drawing attendance zones to ensure there is no segregation by race, class or any other characteristic. It declares that “efforts towards unitary status are complicated by the opening of charter schools and vouchers that allow students to attend nonpublic schools.” It requests that these boards redraw their attendance zones in order that their districts can achieve unitary status. It requests that these two boards stop granting charters, revoke all charters issued within the last year, and to not participate in the state’s voucher program until a federal court grants unitary status.


HCR 201

Pugh Requests that BESE review the policies related to graduation requirements, particularly as they pertain to core curricula and diploma paths, and to submit a report to the House and Senate Education Committees.

• LDE internal working group will examine current policies and compile a report of findings and recommendations, if necessary

• LDE will request BESE approval and authorization to submit report to House and Senate Education Committees

• Submit report to House and Senate Education Committees January 2013

SR 11

Appel Requests that the State Board of Elementary and Secondary Education (BESE), in collaboration with the La. Serve Commission, study the feasibility of establishing a "distinction for community service" diploma endorsement.


• If determined to be feasible and recommended by the Department, develop




proposed policy for community service diploma endorsement

• Submit proposed policy to BESE for approval SR

146 Peterson Requests BESE and the LDE survey school compliance regarding vending

machines and physical activity. • Pursuant to RS 17:17.4, conduct annual survey

of school districts’ compliance with health and physical education laws and regulations, in addition to compliance with vending machine laws

• Annual report to the Senate and House committees on Education and the Senate and House committees on Health and Welfare in March 2013

SCR 60

Perry Requests BESE and the LDE develop and implement a comprehensive curriculum for a high school communications/speech course that will prepare students to communicate effectively, both orally and in writing.

• Examine current plans for state content standards to determine the extent to which they address communications

• If necessary, develop recommendations for policy revisions and submit for BESE’s approval

SCR 124

Claitor Requests BESE study and determine the most equitable method of funding special education students within the MFP formula

• Include this study within the annual, ongoing MFP study agenda

SCR 122

Mills Requests BESE to consult with educators, researchers, community agencies, and other stakeholders to (1) study how family involvement can enhance school performance and impact student achievement, (2) consider the possible use of family involvement data in measuring school performance and educator effectiveness, and (3) recommend other steps the Board can take to assist Louisiana schools and educators in more effectively engaging families in their children’s education. A report of the recommendations should be issued to the Senate and House education committees no later than 60 days prior to the convening of the 2012 Regular Session.

• Convene a workgroup of stakeholders to identify current and potential family involvement data and determine the most effective ways of increasing family involvement and discerning its impact on student achievement

• Report approved by BESE and delivered to the Legislature in January 2013

Legislative Action Plan - BoardDocs

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