Part CXV. Bulletin 741—Louisiana Handbook for School Administrators

Chapter 33. Home Study Programs

A. A student participating in a BESE approved home study program will be eligible to participate in interscholastic athletic activities at a high school that is a member of the Louisiana High School Athletic Association (LHSAA) as follows.

1. Such student shall be subject to the same residency or attendance zone requirements as other students participating in the athletic activity.

2. The student's parent or legal guardian shall make a written request, not later than the first 11 days of the school year, for the student to participate in interscholastic athletic activities to the principal of the school providing the activity.

3. The principal of the school providing the athletic activity shall approve or disapprove such written request within 30 days after receipt by the principal of all information and documentation requested by the principal (which shall be limited to information and documentation that is required of other students relative to participation in the athletic activity) from the student or the student's parent or legal guardian, or both.

4. A decision by the principal to approve or disapprove the written request for the student to participate shall be final.

5. No person, individually or on behalf of any other person, shall have a cause of action arising from a denial by a public school principal of participation by a home study student in interscholastic athletics at the school or, if the student is allowed by the principal to participate in accordance with proposed law, from any refusal or denial of further participation by the student in interscholastic athletics at the school.

6. After a decision is made by the principal to approve a request for the student to participate, the student then shall participate in any tryouts for such activity at the same time and in the same manner as other students who want to participate in the same activity.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:176(G) and 17:236.3.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 37:

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the State Board Office which has adopted, amended, or repealed a Rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights or parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed Rule? Yes.

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., February 8, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

This policy revision to Section 3319, required by Act 691 of the 2010 Regular Legislative Session, provides for the eligibility of home study students to participate in

interscholastic sports at the secondary level. These changes will not result in an increase in costs or savings to state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to schools or school districts.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Beth Scioneaux	H. Gordon Monk
Deputy Superintendent	Legislative Fiscal Officer
1012#071	Legislative Fiscal Office

NOTICE OF INTENT

Board of Elementary and Secondary Education

Bulletin 741―Louisiana Handbook for School Administrators―General Powers of Local Educational Governing Authorities (LAC 28:CXV.303)

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 741―Louisiana Handbook for School Administrators: §303. General Powers of Local Educational Governing Authorities. This policy revision to Section 303, required by Acts 552, 705, and 720 of the 2010 Regular Legislative Session, relates to the requirements for school board members to obtain continuing education, to the employment of the local public school superintendent, and to the authority of the superintendent and the school board for personnel matters.

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EDUCATION

Part CXV. Bulletin 741―Louisiana Handbook for School Administrators

Chapter 3. Operation and Administration

§303. General Powers of Local Educational Governing Authorities

A. Each city and parish school board shall determine the number and location of schools to be opened, and the number and selection of teachers and other certified personnel from recommendations made by the local superintendent.

B. Each city, parish, and other local school board is authorized to adopt rules and regulations for its own governance that are consistent with law and with the regulations of BESE.

1. Each member of a city and parish school board shall receive a minimum of six hours of training and instruction annually in the school laws of this state, in the laws governing the school boards, and in educational trends, research, and policy. Such training shall also include education policy issues, including but not limited to the minimum foundation program and formula, literacy and numeracy, leadership development, dropout prevention, career and technical education, redesigning high schools, early childhood education, school discipline, and harassment, intimidation, and bullying. Training shall also include instruction in Louisiana Open Meeting Laws and the Louisiana Public Bid Law. In an LEA that has one or more schools identified as an academically unacceptable school or a school in need of academic assistance as defined by BESE, at least two of the required hours shall focus on the improvement of schools identified as failing schools as defined by BESE.

2. The training may be received from a postsecondary education institution, the DOE, or the local school board central office staff, the Louisiana School Board Association (LSBA) provided that the instruction and the method for demonstrating attendance are pre-approved by the Louisiana School Board Association or at any conference presented by the National School Boards Association or by the Council of the Great City Schools, provided that verification of attendance by the school board member at the training is obtained.

3. Each school board member's attendance shall be reported by the instructor to the Louisiana School Board Association. Each school board member who completes required instruction shall receive a certificate of completion and a copy of such certificate shall be entered into the minutes of the school board on which the member serves.

4. The superintendent of the school system on which the school board member serves shall be responsible for verifying that any training or instruction received by the school board member as set forth in this Section meets the necessary requirements.

5. Distinguished School Board Member

a. A school board member who has received a certificate of completion for the initial 16 hours of training and instruction and has also received an annual certificate of completion of the required training for three subsequent consecutive years shall receive the designation of "Distinguished School Board Member."

b. DOE will issue each such member an appropriate certificate attesting to such designation.

c. A member in office on Jan. 1, 2011, who has prior service on the board may receive the designation if he completes 16 hours of training during 2011 and completes the required training for the subsequent three consecutive years.

d. At least annually, the school system superintendent shall transmit to the newspaper which is the official journal of the school board a press release detailing the information for his school board that is posted on the LSBA website relative to training hours and subject matter completed by each school board member and to include in such press release information concerning each member who has been designated a "Distinguished School Board Member."

C. - L. …

M. No board member shall act in an individual capacity to use the authority of his office or position as a member of the school board in a manner intended to interfere with, compel, or coerce any personnel decision including the hiring, promotion, discipline, demotion, transfer, discharge, or assignment of work to any school employee.

N. No board member shall use the authority of his office or position as a member of the school board in a manner intended to interfere with, compel, or coerce any school employee to make any decision concerning benefits, work assignment, or membership in any organization.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:53; R.S. 17:54; R.S. 17:81; 17:81.2; 17:81.4-8; R.S. 17:100.2; R.S. 17:104; R.S. 17:151.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1257 (June 2005), amended LR 35:1474 (August 2009), LR 35:1876 (September 2009), LR 37:
Family Impact Statement

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the state board office which has adopted, amended, or repealed a rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights of parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., February 8, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

This policy revision to §303, required by Acts 552, 705, and 720 of the 2010 Regular Legislative Session, relate to the requirements for school board members to obtain continuing education, to the employment of the local public school superintendent, and to the authority of the superintendent and the school board for personnel matters. These changes will not result in an increase in costs or savings to state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to schools or school districts.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Bulletin 741—Louisiana Handbook for School Administrators—High Schools (LAC 28:CXV.2317)

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 741—Louisiana Handbook for School Administrators: §2317. High Schools. These policy revisions, required by Act 660 of the 2010 Regular Legislative Session, require districts to develop a policy whereby students shall be allowed to accelerate their academic progress, complete all high school graduation requirements established by BESE, and receive a high school diploma in less than four years. Students who enter the ninth grade prior to 2011 shall be allowed to complete one credit of Civics or 1/2 credit of Civics and 1/2 credit of Free Enterprise.

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EDUCATION

Part CXV. Bulletin 741—Louisiana Handbook for School Administrators

§2317. High Schools

A. - D. …

E. A Louisiana state high school diploma cannot be denied to a student who meets the state minimum high school graduation requirements; however, in those instances in which BESE authorizes an LEA to impose more stringent academic requirements, a school system diploma may be denied.

F. Each LEA shall develop an early graduation program allowing students to accelerate their academic progress, complete all state graduation requirements, and receive a high school diploma in less than four years.

1. The early graduation program may include distance education (§2395), dual enrollment (§2327), and Carnegie credit earned in middle school (§2321).

2. LEAs shall not have any policies or requirements that would prevent students from graduating in less than four years.

G. Each school shall follow established procedures for special requirements for high school graduation to allow each to address individual differences of all students.

H. Prior to the beginning of the school year, students in the career diploma pathway may switch to the college and

career diploma pathway provided they have the consent of their parent or guardian and meet one of the following requirements.

1. The student has met all the requirements for promotion to the ninth grade established by BESE and the LEA for the college and career diploma program.

2. If the student was promoted to the career diploma program without having passed the English language arts or mathematics component of the eighth grade LEAP test, then the student must meet one of the requirements below.

3. If the student scored Unsatisfactory on the English language arts component eighth grade LEAP test, the student must successfully pass the eighth grade LEAP placement test for English language arts or the English II end-of-course test.

4. If the student scored Unsatisfactory on the mathematics component eighth grade LEAP test, the student must successfully pass the eighth grade LEAP Placement test for math or the Algebra I end-of-course Test.

H. Prior to the beginning of the school year, students in the college and career diploma pathway may switch to the career diploma pathway provided they meet the following requirement.

1. Every student who seeks to pursue a career diploma shall have the written permission of his/her parent or other legal guardian on the career diploma participation form after a consultation with the school guidance counselor or other school administrator. The student and parent must be informed of the advantages and disadvantages of the different diploma pathways. The signature of the student and parent or guardian indicates that a determination has been made that the pursuit of a career diploma is appropriate and in the best interest of the student. The school principal shall also sign the form acknowledging that appropriate counseling has taken place.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:7; R.S. 17:154; R.S. 17:1944; R.S. 17:1945.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1291 (June 2005), amended LR 36:1485 (July 2010), LR 37:

Family Impact Statement

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the State Board Office which has adopted, amended, or repealed a rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights or parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed Rule? Yes.

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., February 8, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

These policy revisions, required by Act 660 of the 2010 Regular Legislative Session, requires districts to develop a policy whereby students shall be allowed to accelerate their academic progress, complete all high school graduation requirements established by BESE, and receive a high school diploma in less than four years. These changes may result in relief to the MFP If students graduate early, but there is no way to estimate the amount.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to schools or school districts.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Bulletin 741—Louisiana Handbook for School AdministratorsHome Study Program

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 741—Louisiana Handbook for School Administrators: §3309. Curriculum and §3311. Testing. The policy revision to Section 3309, required by Act 677 of the 2010 Regular Legislative Session, provides that a high school diploma awarded by an approved home study program shall be recognized by educational institutions and governmental entities in the same manner as one awarded by an approved nonpublic school. The changes to Section 3311 are required by changes to the state testing programs and policies.

A. - B. …

C. A high school diploma awarded by a home study program approved by BESE shall be deemed by all public postsecondary education institutions, all state departments, agencies, boards, and commissions, and all other state and local governmental entities to have all the rights and privileges afforded to a high school diploma awarded by a state-approved nonpublic school.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:236.1.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1312 (June 2005), amended LR 37:

§3311. Testing

A. A parent of a child in home study may request of the LEA superintendent or the state superintendent, that the child be administered the LEAP, iLEAP, or GEE tests under the following conditions:

1. date of the test shall be on such dates as determined by the LEA superintendents or state superintendent;

2. a fee of up to $35 may be charged to cover actual costs of administering, scoring, and reporting the results of the tests;

3. the examination shall be administered with the same instructions and under similar conditions as provided to students enrolled in public schools;

4. a certified teacher shall administer the test;

5. the parent shall be provided the student's score and whether the student passed the examination by meeting the state performance standard for LEAP.

B. Students enrolled in state-approved home study programs are not eligible to participate in LAA 1, LAA 2, ELDA, or EOC tests.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:236.1.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1313 (June 2005), amended LR 37:

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the state board office which has adopted, amended, or repealed a rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights or parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed Rule? Yes.

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., February 8, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

This policy revision to Section 3309, required by Act 677 of the 2010 Regular Legislative Session, provides that a high school diploma awarded by an approved home study program shall be recognized by educational institutions and governmental entities in the same manner as one awarded by an approved nonpublic school. The changes to Section 3311 are required by changes to the state testing programs and policies. These changes will not result in an increase in costs or savings to state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to schools or school districts.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Bulletin 741―Louisiana Handbook for School Administrators―Physical Abuse of Teachers and School Employees by Students (LAC 28:CXV.521)

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 741―Louisiana Handbook for School Administrators: §521. Physical Abuse of Teachers and School Employees by Students. This policy revision to Section 521, required by Act 404 of the 2010 Regular Legislative Session, requires districts to adopt rules and regulations regarding the physical abuse of public

school employees by students, and includes some requirements for the rules and regulations.