Part LXXIX. Nonpublic Bulletin 741—Louisiana Handbook for Nonpublic School Administrators

A. In order to benefit from state and federal funds, each approved school shall meet and maintain the following standards:

1. the school must have a state approval classification;

2. the school must be in compliance with Brumfield vs. Dodd; and

3. the school must be a nonprofit institutional day or residential school that provides elementary education, secondary education, or both.

B. A school which does not meet these standards may not hold any classification category listed in this section and may not benefit from state and federal funds. This requirement applies to schools submitting an initial application for school approval and schools which are currently approved.

C. Each state-approved nonpublic school receiving state and/or federal funds shall permit all colleges, universities and branches of the military to have equal access to the schools for the purpose of recruitment.

D. When applying to the State Department of Education for a classification category, all nonpublic schools seeking state approval shall include all grades/programs taught at the school.

1. Classification Categories. Schools shall be classified according to the following categories.

a. Approved (A)―school meets all standards specified in Standards for Approval of Nonpublic Schools.

b. Provisionally Approved (PA)―school has some deficiencies in standards, such as: class size and number(s) of the faculty teaching in an area of which qualifications specified are not met, etc.

c. Probationally Approved (P)―school has one or more of the following deviations from standards:

i. principal does not hold a master's degree or principalship certification;

ii. non-degreed teacher with fewer than five years teaching experience is employed;

iii. school has been on provisional approval for the previous two years for the same deficiency.

d. Unapproved (U)―school maintains any of the above-mentioned deviations from standards which placed it in the probationally approved category the preceding year. A school may not maintain a probationally approved category for two consecutive years. A school which loses annual school approval shall become ineligible for state and federal funding.

E. The Department of Education shall submit to the SBESE a yearly report recommending the classification status of the nonpublic schools in accordance with the nonpublic school standards.

F. After the annual school reports are submitted by the State Department of Education to the State Board of Elementary and Secondary Education (SBESE) for approval, all nonpublic schools seeking to change their classification category must submit their request to the SBESE.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6); R.S. 17:391.1-391.10; R.S. 17:411.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2342 (November 2003), amended LR 31:3073 (December 2005), LR 36:2847 (December 2010).

A. The local educational governing authority shall have the option of establishing an early childhood program, a pre-kindergarten and/or kindergarten program on a half-day or full-day schedule.

B. The early childhood program and/or pre-kindergarten program shall be listed on the annual school report when operated as a developmental program(s) within the total school program or when operated as separate program(s).

C. The term early childhood includes developmental programs for children ages 3-4, the minimum age being a child’s third birthday. Children in early childhood programs are eligible to enter pre-kindergarten and kindergarten at the established age requirement for each program.

D. The term pre-kindergarten includes developmental programs for children. The minimum age for pre-kindergarten shall be one year younger than the age requirement for that child to enter kindergarten.

E. Early childhood programs and pre-kindergarten programs may be operated as part of an approved elementary school program in conjunction with other grades or may be operated solely as an approved early childhood programs and/or pre-kindergarten program. These approved programs are considered to be elementary schools.

F. Non-public schools are not required to offer early childhood programs and/or pre-kindergarten programs nor are children required to attend these programs.

G. Any other program which operates in a school as a childcare program shall follow the day care standards as prescribed by the appropriate state agency and is not to be listed on the annual school report.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6); R.S. 17:391.1-391.10; R.S. 17:411.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2343 (November 2003), amended LR 31:3073 (December 2005), LR 36:2848 (December 2010).

Chapter 9. Student Services

§905. Age Requirements

A. The minimum age for early childhood programs shall be a child’s third birthday.

B. The minimum age for pre-kindergarten shall be one year younger than the age requirement for that child to enter kindergarten.

C. The minimum age for kindergarten shall be one year younger than the age requirement for that child to enter first grade.

D. Each school system and/or independent school may adopt by rule and enforce ages for entrance into first grade in school. It is recommended that a child entering first grade be six years of age on or before September 30 of that school year.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6); R.S. 17:391.1-391.10; R.S. 17:411.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2348 (November 2003), amended LR 31:3078 (December 2005), LR 36:2848 (December 2010).

Chapter 21. Curriculum and Instruction

A. Early Childhood Programs/Pre-Kindergarten/ Kindergarten

1. The early childhood, pre-kindergarten, and/or kindergarten elementary school grades should be planned to meet the developmental needs of young children and should be informal in nature, with teacher-directed and student-initiated activities.

2.a. - 3.b. …

B. Elementary Schools

1. Nonpublic elementary schools first through eighth grades shall devote no less than 50 percent of the school day to the skill subjects: reading, language arts, and mathematics. The remainder of the school day shall be devoted to social studies, science, health and physical education, and electives such as religion, foreign languages, and visual and performing arts.

2. - 6.m. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6); R.S. 17:391.1-391.10; R.S. 17:411.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2349 (November 2003), amended LR 31:3080 (December 2005), LR 34:229 (February 2008), LR 36:2848 (December 2010).

Chapter 33. Glossary

§3303. Definitions

* * *

Early Childhood Programs—developmental programs for children ages 3-4, the minimum age being a child’s third birthday. Children in early childhood programs are eligible

to enter pre-kindergarten and kindergarten at the established age requirement for each program.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6; R.S. 17:7.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary, Education, LR 34:230 (February 2008), LR 36:2848 (December 2010).
Jeanette Vosburg

Executive Director

1012#047
RULE

Board of Elementary and Secondary Education

Nonpublic Bulletin 741—Louisiana Handbook for Nonpublic School Administrators—Professional Staff Development (LAC 28:LXXIX.305)

In accordance with R.S. 49:950, et seq., the Administrative Procedure Act, the Board of Elementary and Secondary Education has amended the Nonpublic Bulletin 741—Louisiana Handbook for Nonpublic School Administrators: §305. Professional Staff Development. This revision changes the professional development requirement for nonpublic school teachers from an indeterminate number of faculty meetings to two full days of professional development. This change reflects what is currently occurring in most nonpublic schools and aligns with what is required for public schools.

Title 28

EDUCATION

Part LXXIX. Nonpublic Bulletin 741—Louisiana Handbook for Nonpublic School
Administrators—Programs of Study

Chapter 3. Certification of Personnel

§305. Professional Staff Development

A. A minimum of two days of professional development shall be held each school year.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6); R.S. 17:391.1-391.10; R.S. 17:411.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2344 (November 2003), amended LR 31:3075 (December 2005), LR 36:2849 (December 2010).

Executive Director

Nonpublic Bulletin 741—Louisiana Handbook for Nonpublic School Administrators—Programs of Study

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, the Board of Elementary and Secondary Education has amended Nonpublic Bulletin 741—Louisiana Handbook for Nonpublic School Administrators—Programs of Study: §2109. High School Graduation Requirements and §2323. Mathematics. These revisions change the name of a math course.

A. - D.4. …

E. For incoming freshmen in 2009-2010 and beyond who are completing the Louisiana Core 4 Curriculum, the minimum course requirements shall be the following:

1. english—4 units, shall be English I, II, III, and IV;

2. mathematics—4 units, shall be:

a. algebra I (1 unit) or algebra I-Pt. 2;

b. geometry;

c. algebra II;

d. the remaining unit shall come from the following: financial mathematics, math essentials, advanced mathematics I, advanced mathematics II, pre-calculus, calculus, probability and statistics, discrete mathematics, or a locally-initiated elective approved by BESE as a math substitute.

E.3. - F.7. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6); R.S. 17:391.1-391.10; R.S. 17:411.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2351 (November 2003), amended LR 30:2776 (December 2004), LR 31:3081 (December 2005), LR 34:2099 (October 2008), LR 36:2849 (December 2010).

Chapter 23. High School Program of Studies

§2323. Mathematics

A. Effective for 2009-2010 incoming freshmen, four units of mathematics shall be required for graduations. All students must complete the following:

1. algebra I (1 unit) or algebra I-pt. 1 and algebra I-pt. 2 (2 units);

2. geometry;

3. the remaining units shall come from the following:

a. algebra II;

b. financial mathematics;

c. math essentials;

d. advanced mathematics I;

e. advanced mathematics II;

f. pre-calculus;

g. calculus;

h. probability and statistics;

i. discrete mathematics; or

j. a locally-initiated elective approved by BESE as a math substitute.

B. Three units of mathematics are required for graduation. Effective for incoming freshmen between 2005-2006 and 2008-2009, all students must:

1. complete one of the following:

a. algebra I (1 unit); or

b. algebra I-pt. 1 and algebra I-pt. 2 (2 units); or

c. integrated mathematics I (1 unit);

2. the remaining unit(s) shall come from the following:

a. integrated mathematics II;

b. integrated mathematics III;

c. geometry;

d. algebra II;

e. financial mathematics;

f. advanced mathematics I;

g. advanced mathematics II;

h. pre-calculus;

i. calculus;

j. probability and statistics;

k. discrete mathematics.

C. For incoming freshmen between 1998 and 2004-2005, the three required mathematics units shall be selected from the following courses and may include a maximum of two entry level courses (designated by E):

1. introductory algebra/geometry (E);

2. algebra I-part 1 (E);

3. algebra 1-part 2;

4. integrated mathematics I (E);

5. integrated mathematics II;

6. integrated mathematics III;

7. applied mathematics 1 (E);

8. applied mathematics II;

9. applied mathematics III;

10. algebra I (E);

11. geometry;

12. algebra II;

13. financial mathematics;

14. advanced mathematics I;

15. advanced mathematics II;

16. pre-calculus;

17. calculus;

18. probability and statistics; and

19. discrete mathematics.

D. Financial mathematics may be taught by the Business Education Department.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 (A)(10), (11), (15); R.S. 17:7(6); R.S. 17:10; R.S. 17:22(6); R.S. 17:391.1-391.10; R.S. 17:411.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2354 (November 2003), amended LR 30:2776 (December 2004), LR 31:3086 (December 2005), LR 34:2101 (October 2008), LR 36:2849 (December 2010).

Executive Director

Recovery School District; Standing and Executive Committees; and Advisory Councils

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, the Board of Elementary and Secondary Education has amended the Louisiana Administrative Code, Title 28, Part I, §313. The Recovery School District, §501. Standing and Executive Committees, and §503. Advisory Councils.

Louisiana Administrative Code, Title 28, Part I, Section 313.A.1.b.ii. contains reference to a statutory date set by Louisiana Revised Statute 17:10.7.A.(2). The Louisiana Administrative Code citation is being revised to change November 15, 2008 to the current statutory date November 15, 2009.

Louisiana Administrative Code, Title 28, Part I, Section 501. contains the committee structure for the Board of Elementary and Secondary Education. A committee is being added to this structure to assist the board in the exercise of its powers and responsibilities as defined in the constitution and by law.

Louisiana Administrative Code, Title 28, Part I, Section 503.C.2. contains the authority, charge and membership of the Adult Education Advisory Council. The Adult Education Advisory Council will no longer exist as an advisory council and all references are being removed from the Louisiana Administrative Code.

Louisiana Administrative Code, Title 28, Part I, Section 503.C.3. contains the authority, charge and membership of the Louisiana Educational Assessment Testing Commission(LEATC). Act 438 of the 2009 Regular Session of the Louisiana State Legislature abolished the commission and removed all references to powers, duties and functions. As a result of Act 438, LEATC will no longer exist as an advisory council and all references are being removed from the Louisiana Administrative Code.

Louisiana Administrative Code, Title 28, Part I, Section 503.C.7 and Section 501.B.4.f contain the authority, charge and membership of the Teachers Certification Appeals Council. Act 31 of the 2009 Regular Session of the Louisiana Legislature changed the authority, charge and membership of the Teachers Certification Appeals Council making the current language regarding this council obsolete. BESE is deleting Teacher Certification Appeals Council language in these Sections.

Title 28

EDUCATION

Part I. Board of Elementary and Secondary Education

Chapter 3. Composition and General Authority

§313. The Recovery School District

A. - A.1.b.i. ...

ii. No additional schools shall be transferred to the Recovery School District pursuant to R.S. 17:10.7 on or after November 15, 2009.

A.1.b.iii. - D.3. ...

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10), R.S. 17:6(B), R.S. 17:10.5, R.S. 17:10.6, R.S. 17:1990, R.S. 17:3973 and R.S. 36:651(F).

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 34:413 (March 2008), amended LR 36:2851 (December 2010).

Chapter 5. Organization

§501. Standing and Executive Committees

A. - B.3.d. ...

4. Quality Leaders/Educators Committee. The following are examples of issues that will be considered by the Quality Leaders/Educators Committee:

a. leadership development;

b. professional development;

c. professional accountability;

d. certification/articulation;

e. approval of teacher education programs and units;

f. commission(s)/task forces; and

g. bulletin(s).

5. Recovery School District Committee. The following are examples of issues that will be considered by the Recovery School District Committee:

a. RSD-NO;

b. RSD-LA;

c. RSD finance/budget;

d. RSD master plan;

e. RSD commission(s)/task forces;

f. RSD bulletin(s)/administrative handbooks; and

g. charter schools (Type 5).

6. State Authorized School Oversight Committee. The following are examples of issues that will be considered by the State Authorized School Oversight Committee:

a. SSD/BSS;

b. school approval: Brumfield vs. Dodd and nonpublic;

c. commission(s)/task forces;

d. bulletin(s)/administrative handbooks; and

e. charter schools (Types 1, 2, 3, and 4).

7. Student/School Performance and Support Committee. The following are examples of issues that will be considered by the Student/School Performance and Support Committee:

a. assessment issues: LEAP, GEE, iLEAP, remediation;

b. accountability issues: school performance, interventions, improvements;

c. academically at-risk schools;

d. school choice, vouchers, supplemental education services;

e. district dialogues;

f. curriculum: content standards, GLEs, comprehensive curriculum, textbooks, elective courses;

g. alternative schools/programs;

h. special education;

i. early childhood;

j. school and community support;

k. adult education;

l. commission(s)/task forces; and

m. bulletin(s).

C - C.3.b. ...

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 34:415 (March 2008), amended LR 35:223 (February 2009), LR 35:1874 (September 2009), LR 36:2851 (December 2010).

§503. Advisory Councils

A. - C.1.c.iv. ...

2. Nonpublic School Commission

a. Authority: per state statute (R.S. 17:11).

b. Membership: 11 members, one member recommended by each board member, representing approved nonpublic schools.

c. Referrals/Responsibilities

i. Advise and counsel with the board relative to standards and guidelines affecting nonpublic schools.

ii. Consider all matters referred by the board.

3. Superintendents' Advisory Council

a. Authority: per BESE policy.

b. Membership: 22 members as follows:

i. 22 members, two city, parish, or other local public school superintendents recommended by each of the eight elected board members, within his/her district, if possible. The three at-large members should each appoint two city, parish, or other local public school superintendents from BESE Districts 3-8, with no more than one appointment per BESE district. It is recommended that the composition reflect all sizes of systems and be equitable in the regions represented, to the extent possible;

ii. the president of the Louisiana Association of School Superintendents (LASS) shall serve as chair of the council. In the event the president of LASS is not an appointed member of the council, the membership shall expand to 23 members during the term of service of that individual;

iii. attendance. Members who cannot attend a meeting may appoint another superintendent from his/her BESE district to represent him/her, and the proxy shall have the same voting privileges;

iv. expenses. Members shall not receive reimbursement for travel expenses from the board.

c. Referrals/Responsibilities

i. Consider all matters referred by the board.

ii. Recommendations from the Superintendents' Advisory Council shall go to the appropriate board committee. The department shall provide responses to the various recommendations.

4. Special Education Advisory Council

a. Authority. Pursuant to federal law and regulations (34 CFR 300.650-652) and to state law (R.S. 17:1954), the Special Education Advisory Council is created to assist the board in its programmatic and budgetary responsibilities for special education programs.

b. Membership: 17 members as follows. A majority of the voting members of the panel (nine) shall be individuals with disabilities or parents of children with disabilities, ages birth through 26. The advisory council shall be representative of the state population and composed of individuals involved in, or concerned with, the education of children with disabilities:

i. 11 members, one member recommended by each board member, from the following categories:

(a). two parents of children with disabilities (ages birth through 26);

(b). one individual with a disability;

(c). one special education teacher;

(d). one regular education teacher;

(e). two representatives of institutions of higher education that prepare special education and related services personnel;

(f). one local education official;

(g). one administrator of a program for children with disabilities;

(h). one representative of a private school;

(i) one representative of a public charter school;

ii. one representative of a state agency involved in the financing or delivery of related services to children with disabilities, recommended by the Department of Health and Hospitals;

iii. one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities, recommended by Louisiana Rehabilitation Services;

iv. one administrator of a program for children with disabilities, recommended by a USDOE designated Parent Training and Information Center;

v. one representative from the state juvenile/adult corrections agencies, recommended by the Department of Public Safety/Corrections;

vi. one state or local education official who carries out activities of the McKinney-Vento Homeless Assistance Act, recommended by the Louisiana State Superintendent of Education;

vii. one representative from the state child welfare agency responsible for foster care, recommended by the Department of Children and Family Services.

c. Referrals/Responsibilities

i. Advise the state educational agency of unmet needs within the state in the education of children with disabilities.

ii. Comment publicly on any rules or regulations proposed by the state regarding the education of children with disabilities.

iii. Advise the state educational agency in developing evaluations and reporting on data to the U.S. Secretary of Education.

iv. Advise the state educational agency in developing corrective action plans to address findings identified in federal monitoring reports.

v. Advise the state educational agency in developing and implementing policies relating to the coordination of services for children with disabilities.

vi. Review and comment on the department's recommendations for disbursal of competitive grants and awards to local education agencies and qualified nonprofit entities; and

vii. Consider all matters referred by the board.

5. Textbook/Media/Library Advisory Council

a. Authority: per BESE policy.

b. Membership: 14 members as follows:

i. one member of the legislature (state senator), recommended by the Senate President;

ii. one member of the legislature (state representative), recommended by the Speaker of the House;

iii. one member recommended by the governor; and

iv. 11 members, one member recommended by each board member, from the following categories:

(a). one teacher, grades K-6;

(b). one teacher, grades 7-12;

(c). one teacher (any grade) or coordinator of technology;

(d). two school librarians;

(e). one curriculum supervisor;

(f). two textbook supervisors;

(g). one parent or business representative;

(h). one LEA superintendent; and

(i). one school principal.

c. Referrals/Responsibilities

i. Advise the board on policy and procedure issues relating to the textbook adoption process.

ii. Consider all matters referred by the board.

d. Special Advisory Committees. Special advisory committees may be created by the board with a limited charge and scope to study a specific topic as referred by the board.

D. - F.7. ...

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10), R.S. 17:6(A)(15), R.S. 17:24.4, R.S. 17:11, 34 CFR 300.650-652, and R.S. 17:1954.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 34:416 (March 2008), amended LR 35:1874 (September 2009), LR 36:2851 (December 2010).

Executive Director

GO Grant Program Changes

The Louisiana Student Financial Assistance Commission (LASFAC) has amended its Scholarship/Grant rules (R.S. 17:3021-3025, 3041.10-3041.15, R.S. 17:3042.1, R.S. 17:3048.1, R.S. 17:3048.5 and R.S. 17:3048.6). (SG10122R)