Legislative Bulletin  
A Publication of the Office of Governmental Affairs   
Week Ending June 12, 2009  

In This Issue

1. Hot Topics
2. The Week Ahead
3. Legislative Recap

Links

• Louisiana Department of Education
• Louisiana State Senate
• Louisiana House of Representatives
• State Board of Elementary and Secondary Education (Board of Elementary and Secondary Education)

Office of Governmental Affairs

The Office of Governmental Affairs is dedicated to researching and advocating for education policies that contribute to the Louisiana Department of Education's (LDOE) vision to create a world-class education system in Louisiana. Through collaborations with policy makers at every level, including the Governor's Office, Board of Elementary and Secondary Education, state legislators, local school boards, federal agencies and state associations, the Office of Governmental Affairs seeks to develop informed and comprehensive recommendations around best practices and key priorities and issues.

1. Hot Topics

Governor Jindal Issues Veto Note

Despite concerns expressed by the Governor’s Office and State Superintendent of Education Paul Pastorek, lawmakers voted Tuesday to forward House Bill 459 by Representative Herbert Dixon, to the full chamber. The action drew a veto note from Governor Bobby Jindal.

The legislation would exempt Ewell S. Aiken Optional School in Rapides Parish from the state’s accountability outcomes. The school has been labeled an Academically Unacceptable School (AUS) four years in a row, thus making it eligible for placement in the state-run Recovery School District (RSD). The AUS label is assigned to a school that has failed to meet the state's minimum School Performance Score standards (60 SPS), which is calculated based on student assessments, graduation rates and student attendance. Aiken’s 2008 SPS is 22.4.

In January, when the Board of Elementary and Secondary Education (BESE) considered whether to transfer jurisdiction of 33 chronically failing to the RSD, the state board voted to place 10 schools under the direct oversight of the RSD. BESE chose to allow Aiken and 22 other schools to remain under local control if their local district would agree to enter a Supervisory Memorandum of Understanding (SMOU) with the RSD. However, if an agreement could not be reached between the RSD and the district, the state could still exercise the option to place the school under the direct oversight of the RSD. Rapides Parish is the only district where leaders have declined to accept the terms of the SMOU. The deadline for districts to sign the agreement was June 1, 2009, while the terms of the agreement are effective July 1, 2009.

Dixon’s bill, which was filed in April, three months after BESE voted to allow the school to remain under local control, seeks to exempt the school from entering into an MOU with the RSD as well as placement in the RSD.

In his veto note, Jindal wrote, “House Bill 459 would circumvent BESE’s decision to place a school under the jurisdiction of the Recovery School District. Exempting particular schools from the state’s accountability system would set a dangerous precedent in that any failing school eligible for state takeover could file legislation to skirt the deliberative process that BESE has established for improving our schools and helping our students succeed. I will veto this bill if it continues to progress through the legislature.”

The state’s BESE-appointed Accountability Commission is in the process of studying an appropriate performance measure for alternative education schools, such as Aiken. The Commission expects to make a recommendation to BESE in the coming months.

Career Diploma Proposal Up for Final Passage on Senate Floor

One of the most controversial bills of the session, proposed by Representative Jim Fannin and others, is expected to be up for final passage in the full Senate this week. House Bill 612 would give high school students the option to pursue a career diploma and lowers the LEAP requirements for students to be promoted to the 9th grade. The bill is progressing slightly ahead of an identical bill, Senate Bill 259, authored by Senator Robert Kostelka and others.

Although Louisiana Department of Education leaders agree with the intent of the bills, which is to curb Louisiana’s dropout rate, they have also expressed concerns about the legislation.

Louisiana currently issues one standard diploma, although students can choose two pathways, the Core 4 or Basic Core. Both pathways allow students to participate in 68 career concentrations, although the Core 4 is a college preparatory track.

Under present standards, students must score Approaching Basic and Basic in English and math on the state’s 8th grade LEAP test in order to advance to the 9th grade. However, if HB 612 clears the Senate, students who are 15 years old, or who will turn 15 during the upcoming school year will be allowed to progress to 9th grade and pursue the career diploma if they score Approaching Basic or higher on either the English or mathematics portion of the LEAP test. In fact, all students will have the option of pursuing the career diploma.

Students who receive a Career Diploma will not be eligible for acceptance into four-year colleges or universities, nor will they be eligible for TOPS or TOPS Tech.

Abolishment of Corporal Punishment in School up for Consideration

House Bill 571, authored by Representative Barbara Norton, would ban corporal punished in all public elementary and secondary schools. The bill would also require school boards to provide information to parents on the prohibition of corporal punishment through parent orientations.

The bill will be heard during the House Education Committee meeting on Tuesday.

2. The Week Ahead

This bill will be heard during the House Appropriations Committee meeting on Monday, June 15, 2009:

SB 1 – Chaisson-- Constitutional amendment to authorize limited redirection and transfer of funds supporting appropriations and allocations from the state general fund and dedicated funds in certain circumstances.
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09rs&billtype=SB&billno=1

These bills will be heard during the Senate Finance Committee meeting on Monday, June 15, 2009:

HB 112--Montoucet--Includes nonresident aliens holding J-1 visas who teach in Louisiana public schools through a J-1 exchange visitor program to be included in the definition of a teacher for purposes of the Teachers Retirement System of Louisiana.
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=HB&billno=112

HB 689--Peterson--Creates the Louisiana Statewide Education Facilities Fund.
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=HB&billno=689

These bills will be heard during the Senate Revenue and Fiscal Affarirs Committee meeting on Monday, June 15, 2009:

HB 338--Greene--Provides relative to the tax deduction for fees and other educational expenses for a quality public education.
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=HB&billno=338

HB 189—Greene— Provides relative to the state sales and use tax exemption on the sale of meals by educational institutions and other organizations.
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billid=HB189&doctype=DIG

This bill will be heard during the House Education Committee meeting on Tuesday, June 16, 2009:

HB 571--Norton--Abolishes corporal punishment in schools.
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=HB&billno=571

This bill will be heard during the House Municipal and Parochial Affairs Committee meeting on Wednesday, June 17, 2009:

SB 75--Murray--Requires voter approval of any master plan which has the force of law in Orleans Parish.
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=SB&billno=75

3. Legislative Recap

HB 651--Armes--Provides that an employer who hires a retired bus driver must pay its pro rata share of any actuarial cost in aggregate attributable to the reemployment of such bus driver (as opposed to current law which requires all of the actuarial costs) and requires that such payment be made not later than June 30th following the approval of the Public Retirement Systems’ Actuarial Committee’s actuarial report (as opposed to current law which requires payment before the driver again retires).
Action: Favorably, with amendments
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=HB&billno=651

The following bills were heard during the Senate Finance Committee meeting June 8, 2009:

SB 42-- Morrell--Dedicates state funds for the purpose of providing for health insurance premiums of certain plan members on hurricane-affected areas.
Action: Favorably, with amendments
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=SB&billno=42

SB 90 – Gray and Evans-- Seeks to establish the Statewide Educational Facilities Authority.
Action: Favorably, with amendments
Link: (SB 90) http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=SB&billno=90

SB 316--Nevers--Provides for a comprehensive approach to improve graduation rates and ensure college and career readiness for high school students.
Action: Favorably, with amendments
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=SB&billno=316

The following bills were heard during the Senate Judiciary Committee meeting on June 9, 2009:

HB 87--Carmody--Prohibits the delivery of lewd or lascivious communications to juveniles, including textual, visual, written, or oral communications.
Action: Favorably
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=HB&billno=87

HB 476--Connick, et al, --Raises the age of prohibited sexual contact between an educator and a student from 19 to 21 and requires an age difference of greater than 4 years; expands the crime of unlawful presence of a sexually violent predator to apply to child care facilities and family child care centers; creates the crime of unlawful participation in a child-related business and the crime of contributing to the endangerment of a minor and provides relative to the conditions of probation, parole, or suspension of sentence for convicted sex offenders with respect to volunteer work activities.
Action: Favorably, with amendments
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=HB&billno=476

HB 688--Montoucet-- Creates the crime of unlawful disruption of the operation of a school.
Action: Favorably
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=HB&billno=688

This bill was heard during the House Administration of Criminal Justice Committee meeting on June 9, 2009:

SB 94--Donahue, et al,--Creates the crime of molestation of a juvenile involving an educator.
HB 741--Austin, et al-- Provides relative to the hiring of employees by local public school boards and the disclosure of information of certain instances of sexual misconduct, abuse, and neglect relative thereto.
Action: Favorably, with amendments
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=SB&billno=94

The following bills were heard during the House Education Committee meeting on June 9, 2009:

SB 223--Claitor, et al-- Provides relative to the removal of students from the classroom for certain inappropriate behavior and for parental notification; allows for the assignment of missed school work and for receiving credit for same.
Action: Favorably, with amendments
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=SB&billno=223

HB 495--Dixon--Exempts a school that meets specified criteria from being removed from the jurisdiction of the local school board and transferred to the Recovery School District.
Action: Favorably, with amendments
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=HB&billno=495

HB 571--Norton--Abolishes corporal punishment in schools.
Action: Voluntarily deferred
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=HB&billno=571

HB 223--Armes--Relative to noncomplex health procedures performed by certain school employees, changes references to “outside tracheostomy suctioning” to “tracheostomy suctioning.”
Action: Favorably
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=HB&billno=223

SB 259--Kostelka--Provides for the high school career option program.
Action: Favorably, with amendments
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=SB&billno=259

SB 285--Nevers--Provides for a comprehensive system of articulation and transfer of credit between and among public secondary and postsecondary educational institutions.
Action: Favorably
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=SB&billno=285

SB 309--Gray--Provides for health-related fitness assessments to determine physical fitness levels of students in schools.
Action: Favorably
Link: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09RS&billtype=SB&billno=309

Click here to see all of the upcoming bills that impact education.