Contents december 2010 I. Emergency rules

Chapter l. Rules for Registration and Licensure

§101. Definition of Terms

A. Terms used in these regulations such as Board of Regents, Postsecondary, Academic Degree-granting Institution, Registration, Licensure, and Fees shall be interpreted in accordance with R.S. 17:1808.

B. For institutions domiciled in Louisiana, the term operate applies to the offering of courses and programs through any modality. For institutions domiciled outside Louisiana, the term operate shall mean the offering of courses that are physically delivered in the state of Louisiana and/or require clinical experiences in the state of Louisiana.

C. The term clinical experiences shall mean site-based learning activities (e.g., clinical, internships, student teaching, practicum, field-based experiences, etc.) in settings (e.g., hospitals, schools, businesses, etc.) in which candidates are working with patients, children, teachers, principals, etc. in Louisiana and are observed/assisted/ evaluated by supervisors, preceptors, coaches, teachers, principals, or other individuals to determine that course and/program requirements have been addressed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1808.

HISTORICAL NOTE: Promulgated by the Department of Education, Board of Regents, LR 19:1551 (December 1993), amended LR 36:2839 (December 2010).

A. All public and private postsecondary, academic degree-granting institutions offering instruction in the state of Louisiana must register annually with the Board of Regents. Regular licenses are reviewed every two years. Requests for registration forms and license applications should be made in writing and addressed to:

Commissioner of Higher Education

Louisiana Board of Regents

PO Box 3677

Baton Rouge, LA 70821-3677

B. Completed registration forms and license applications should be returned to the address shown above.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1808.

HISTORICAL NOTE: Promulgated by the Department of Education, Board of Regents, LR 19:1551 (December 1993), amended LR 21:168 (February 1995), LR 36:2839 (December 2010).

§105. License Fees

A. The license application fee shall be $750 (future increase to $1000 upon approval of the Legislature). Those institutions granted a license to operate will be required to pay an additional $750 (future increase to $1000 upon approval of the Legislature) at the start of the second year of the two-year licensing period. However, the initial license application fee may be reduced to $100 for institutions seeking initial licensure in order to allow clinical practicum experiences for fewer than five Louisiana residents enrolled in nursing and other health-related programs. In order to continue and renew their licenses, those institutions will be required to pay all subsequent fees, including renewal fees. License renewal fees are required during each subsequent two-year licensing period and are nonrefundable.

B. - C. …

D. Institutions seeking licensure shall submit all required materials and the nonrefundable license fee to the Board of Regents. If a final determination concerning the institution's qualifications for licensure is not reached within 180 days of receipt of the license application and supporting materials, a provisional license will be issued to the institution. The provisional license will remain in effect pending a final licensing decision by the board.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1808.

HISTORICAL NOTE: Promulgated by the Department of Education, Board of Regents, LR 19:1551 (December 1993), amended LR 21:168 (February 1995), LR 36:2839 (December 2010).

Chapter 3. Criteria and Requirements for Licensure

§302. Institutional Accreditation

A. - B. …

C. The Board of Regents will consider a possible waiver of the accreditation requirement in the case of single purpose institutions. This consideration will be given in extraordinary circumstances where the board determines that it would be educationally impractical for an institution to reorganize its programs and operations in order to become eligible for consideration by a U.S. Department of Education recognized accrediting association.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1808.

HISTORICAL NOTE: Promulgated by the Department of Education, Board of Regents, LR 21:168 (February 1995), amended LR 36:2840 (December 2010).

§303. Faculty

A. Qualifications of Faculty

1. Faculty shall be qualified by education and experience in the fields in which they teach. Faculty must meet the following minimum requirements.

a. Faculty shall possess no less than the degree awarded to a graduate of the program in which they are teaching.

b. The faculty shall be sufficient in number to establish and maintain the effectiveness of the educational program.

B. Institutions offering advanced degrees must employ faculty who hold advanced degrees in appropriate fields from institutions accredited by recognized agencies.¹ It is required that faculty credentials be verifiable.

1. If any institution employs a faculty member whose highest earned degree is from a non-regionally-accredited institution within the United States or an institution outside the United States, the institution must show evidence that the faculty member has appropriate academic preparation.

2. It is the responsibility of the institution to keep on file for all full-time and part-time faculty members documentation of academic preparation, such as official transcripts, and if appropriate for demonstrating competency, official documentation of professional and work experience, technical and performance competency, records of publications, and certifications and other qualifications.²

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1808.

HISTORICAL NOTE: Promulgated by the Department of Education, Board of Regents, LR 19:1552 (December 1993), amended LR 21:169 (February 1995), LR 36:2840 (December 2010).

§305. Academic Program Standards

A. - E. …

F. For all face to face teacher/leader courses/programs with or without clinical experiences in Louisiana and all on-line teacher/leader courses/programs with clinical experiences in Louisiana that result in initial teacher or leader certification being placed on teacher/leader certificates in Louisiana, provide evidence of the pursuit or attainment of national accreditation by the National Council for Accreditation of Teacher Education (NCATE) or Teacher Education Accreditation Council (TEAC) and provide evidence of attainment of initial (Level 1) or subsequent (Levels 2, 3, 4) approval to implement a program for initial certification of teachers and/or certification of educational leaders. (Bulletin 996 B Standards for Approval of Teacher and Educational Leadership Preparation Programs). Also, provide evidence of intent to adhere to the requirements of the state teacher and/or educational leadership accountability systems.

G. For all face to face teacher/leader courses/programs with or without clinical experiences in Louisiana and all on-line teacher/leader courses/programs with clinical experiences in Louisiana that do or do not result in add-on certifications/endorsements being placed on teacher/leader certificates in Louisiana, provide evidence of the pursuit or attainment of national accreditation by the National Council for Accreditation of Teacher Education (NCATE) or Teacher Education Accreditation Council (TEAC).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1808.

HISTORICAL NOTE: Promulgated by the Department of Education, Board of Regents, LR 19:1552 (December 1993), amended LR 21:169 (February 1995), LR 36:2840 (December 2010).

A. - A.4.d.iii. …

iv. refund policies for programs offering tuition/fee payments on an installment plan or programs offered through distance learning will be examined by the Board of Regents on an individual basis. Refund policies for installment programs are expected to conform generally to refund policies which appear in Subparagraphs A.4.c.i through iii and d.i through iv of this Section;

e. refunds must be paid within 45 days of the date of withdrawal of the student from the institution.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1808.

HISTORICAL NOTE: Promulgated by the Department of Education, Board of Regents, LR 19:1553 (December 1993), amended LR 21:169 (February 1995), LR 36:2840 (December 2010).

A. Institutions are required to post a surety bond issued by a surety authorized to do business in the state of Louisiana in the amount of $10,000 to cover the period of the license. These bonds are intended to protect students in the event of a sudden closure of the institution. Institutions that are also licensed and bonded under provisions set forth by R.S. 17:341 et seq., need not seek additional bonding.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1808.

HISTORICAL NOTE: Promulgated by the Department of Education, Board of Regents, LR 19:1554 (December 1993), amended LR 36:2840 (December 2010).

Chapter 5. Consumer Protection

§501. General Provisions

A. Individuals must make every reasonable effort to solve disputes directly with the institution. If a solution cannot be reached, an individual may file a written complaint with the Board of Regents. Board of Regents' staff will review the facts and intervene where appropriate. Such intervention shall not include legal action on behalf of the party, but may include additional investigation of the institution including a site visit to determine if the institution's license should be revoked.

B. - D.1. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1808.

HISTORICAL NOTE: Promulgated by the Department of Education, Board of Regents, LR 19:1554 (December 1993), amended LR 36:2840(December 2010).
Larry Tremblay

Associate Commissioner

1012#031
RULE

Board of Elementary and Secondary Education

Bulletin 111—The Louisiana School,District, and State Accountability SystemGraduation Cohort, Index, and Rate (LAC 28:LXXXIII.603, 611, and 701)

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, the Board of Elementary and Secondary Education has amended Bulletin 111—The Louisiana School, District, and State Accountability System: §603. Determining a Cohort for Graduation, §611. Documenting a Graduation Index, and §701. Subgroup Component Indicators. Act 478 of the 1997 Regular Legislative Session called for the development of an Accountability System for the purpose of implementing fundamental changes in classroom teaching by helping schools and communities focus on improved student achievement. The State’s Accountability System is an evolving system with different components that are required to change in response to state and federal laws and regulations.

The changes in Bulletin 111, Chapter 6, provide detail of how the cohort is determined for graduation and how a Graduation Index is documented.

The changes in Bulletin 111, Chapter 7, provide detail of the Subgroup Component Indicators and how the Graduation Rate is calculated.

Title 28

EDUCATION

Part LXXXIII. Bulletin 111—The Louisiana School, District, and State Accountability System

Chapter 6. Graduation Cohort, Index, and Rate

A. - B. …

C. Students who exit Louisiana’s Student Information System (SIS) system in less than four years for legitimate reasons shall not be included in the cohort's graduation index calculations.

1. For graduation cohort calculations, exit codes 07, 10, 14, 16, and 20 from §611 are legitimate, along with any special codes created to deal with natural disasters.

2. Beginning with accountability decisions made in fall 2010 (using 2009 grad data), the only legitimate leavers from a cohort are those who;

a. transfer from Louisiana K-12 public education to a diploma awarding school or program;

b. emigrate to another country;

c. are deceased.

3. Specific documentation is required for students to be considered legitimate leavers.

a. The only acceptable documentation for transfers is a request for student records from the qualifying school or program, or a letter from an official in the receiving school or program acknowledging the students enrollment. The documentation must be clearly dated before October 1 following the student’s exit from the Louisiana Student Information System (SIS). The LDE can, during data certification and audits, require proof that the school or program is recognized as a “diploma awarding” by the state in which it is located.

b. Documentation for a student transfer to home school is a school withdrawal form with parent signature and an LDE letter of approval to the parent, both dated before October 1 following the student’s exit from the Louisiana SIS.

c. Students who emigrate to another country must be documented with a statement signed by a parent or a request for student records.

d. An obituary or a letter from a parent is sufficient documentation for a deceased student.

4. The LDE shall maintain and post on the LDE website a list of schools that are considered “non-diploma awarding.”

5. A school is classified as “non-diploma awarding” if it:

a. awards fewer than five regular diplomas a year for two consecutive years; or

b. enrolls fewer than 10 twelfth graders for a full academic year for each of two consecutive years.

c. the LDE can grant exceptions to these rules for new schools and schools with small populations upon district request if it can be determined that no circumvention of accountability consequences will occur. The district is responsible for providing any data requested by the LDE.

D. - J. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:10.1.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 32:1024 (June 2006), amended LR 33:424 (March 2007), LR 33:2031 (October 2007), LR 35:2312 (November 2009), LR 36:2840 (December 2010).

§611. Documenting a Graduation Index

A. Beginning with academic year 2005-2006, all schools are required to maintain the following documentation if the corresponding exit code is used.

B. - E. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:10.1.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 32:1024 (June 2006), amended LR 35:639 (April 2009), LR 35:2312 (November 2009), LR 36:2841 (December 2010).

Chapter 7. Subgroup Component

§701. Subgroup Component Indicators

A. - A. 1.c.ii. …

d. Beginning with the fall 2010, the additional academic indicator for schools with a twelfth grade shall be evaluated using new procedures as required by the U. S. Department of Education published in High School Graduation Rate: Non-Regulatory Guidance (December 22, 2008).

2. - 6. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:10.1.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 32:1026 (June 2006), amended LR 33:424 (March 2007), LR 36:2842 (December 2010).

Executive Director

1012#042
RULE

Board of Elementary and Secondary Education

Bulletin 126—Charter Schools—Fourth Year Review of Charter Schools on Contract Probation

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, the Board of Elementary and Secondary Education has amended Bulletin 126—Charter Schools: §1305. Fourth Year Review of Charter Schools on Contract Probation. Current policy provides that a charter school meeting certain standards in June of its fourth year of operation shall receive a one-year extension. This Rule provides that a charter school meeting certain standards in June of its fourth year of operation may receive a one-year extension, thereby giving the charter school authorizer the ability to approve or deny an extension. This Rule would guide charter school authorizers’ consideration of charter school extensions upon meeting certain standards during their fourth year of operation.

Chapter 13. Charter Term

A. A charter school granted a one-year extension and placed on probation after its third year of operation pursuant to §1303.B.2 shall comply with all conditions of probation established by BESE and the Department of Education Charter School Office.

1. A charter school meeting the following standards in January of its fourth year of operation may receive a one-year extension, at the conclusion of its fourth year:

a. all financial performance standards;

b. all legal and contractual standards; and

c. one of following student performance measures:

i. Baseline SPS Year Three is 60.0 or above; or

ii. Growth SPS met.

2. A charter school meeting the following standards in June of its fourth year of operation may receive a one-year extension:

a. all financial performance standards;

b. all legal and contractual standards; and

c. one of the following student performance standards:

i. Assessment Index Year Four is 60.0 or above; or

ii. Required Growth of 10 points has been met.

B. A charter school not meeting the standards set forth in §1305.A.1 shall be recommended for revocation of its charter and shall proceed to a revocation hearing as set forth in Chapter 17 of this bulletin.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10), R.S. 17:3981, and R.S. 17:3992.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education in LR 34:1367 (July 2008), LR 36:2842 (December 2010).
Jeanette Vosburg

Executive Director

Bulletin 746―Louisiana Standards for State Certification of School Personnel—Application Packet

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, the Board of Elementary and Secondary Education has amended Bulletin 746—Louisiana Standards for State Certification of School Personnel: §805. Application Packet. This revision will require certification appeal requests to be submitted directly to the Division of Certification, Leadership, and Preparation. This revision of policy will eliminate appeal requests being submitted to the State Board of Elementary and Secondary Education for processing. This revision in Bulletin 746 clarifies the appeal application process.