Part LXXXIII. Bulletin 111―The Louisiana School, District, and State Accountability System 1




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C. The AMOs for ELA and math are as follows.



School Year

ELA


Mathematics

2001-2002







2002-2003

36.9 %

30.1 %

2003-2004

36.9 %

30.1 %

2004-2005

47.4 %

41.8 %

2005-2006

47.4 %

41.8 %

2006-2007

47.4 %

41.8 %

2007-2008

57.9 %

53.5 %

2008-2009

57.9 %

53.5 %

2009-2010

57.9 %

53.5 %

2010-2011

68.4 %

65.2 %

2011-2012

78.9 %

76.9 %

2012-2013

89.4 %

88.6 %

2013-2014

100.0 %

100.0 %

D. A 99 percent confidence interval shall be used when evaluating whether subgroups within a school have attained the annual measurable objective (AMO).

E. A confidence interval is a statistic that creates a range of scores. Subgroups with a 95 percent participation rate that attain a percent proficient score within or above the confidence interval range for the AMO shall be considered as having passed the subgroup component. Confidence interval ranges are affected by subgroup size. Smaller subgroups will have a wider range and larger subgroups will have a narrower range.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2743 (December 2003), amended LR 33:253 (February 2007), LR 38:2357 (September 2012), LR 40:2508 (December 2014).

§707. Safe Harbor

A. Subgroups that do not pass the AMO status test by attaining a percent proficient score within or above the confidence interval range shall be evaluated for safe harbor.

B. Safe harbor is attained if:

1. the subgroup makes a 10 percent reduction in its non-proficiency rate from the previous year:

a. a 99 percent confidence interval is applied to this reduction check; and

2. the subgroup:

a. achieves a 90 percent attendance rate (for schools without a 12th grade) (A 99 percent confidence interval is applied to the 90 percent attendance rate.); or

b. makes at least 0.1 percent improvement in attendance rate

C. For schools with a grade 12, a graduation rate will be calculated as described in §708.

D. Subgroups passing the participation rate test and achieving safe harbor shall be considered as having passed the subgroup component.

E. English language arts and mathematics test results from grades 3-8 and 10 LEAP, iLEAP, and LAA 1 will be used to calculate the reduction of non-proficient students in safe harbor.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2743 (December 2003), amended LR 32:1025 (June 2006), LR 33:253 (February 2007), LR 33:2594 (December 2007), LR 38:1213 (May 2012), LR 38:2357 (September 2012), LR 38:3110 (December 2012), LR 40:2508 (December 2014).

§708. Using a Graduation Rate in the Subgroup Component

A. As required by the No Child Left Behind Act of 2001, Louisiana shall calculate a graduation rate based on a cohort of students beginning in 2007.

B. The definition of a cohort for this calculation is the same as that used in §603.

C. The additional academic indicator (AAI) calculation shall comply with High School Graduation Rate:


Non-Regulatory Guidance (December 22, 2008) published by the U. S. Department of Education.

1. For subgroup accountability purposes, Louisiana high schools shall use an increasing target for the additional academic indicator.

2. For subgroup accountability purposes, Louisiana’s high school annual targets shall increase annually as shown in the following table.


Louisiana Annual Graduation Rate Targets

2009

2010

2011

2012

2013

2014

2015

63.0%

64.3%

65.6%

66.9%

68.2%

69.5%

70.8%

2016

2017

2018

2019

2020

2021

2022

72.2%

73.5%

74.8%

76.1%

77.4%

78.7%

80.0%

3. For subgroup accountability purposes, each Louisiana school that enrolls students in ninth grade or higher and offers at least a regular diploma shall have annual targets calculated by the LDE that begin with the school’s 2007 graduation rate and increase by equal increments (rounded to 1 decimal place) to reach 80.0 percent in 2022.

4. The increment each school must improve each year to maintain its progress toward the 2022 goal is the "annual improvement step."

D. Confidence intervals shall not be applied to any graduation rate considerations beginning with the 2010 accountability decisions.

E. Determining if a school or subgroup within a school has made AYP as it relates specifically to graduation rate is accomplished by answering a series of Yes/No questions. When an answer is "yes," a school or subgroup has made AYP (related to graduation rate) and no further answers are required for the specific school or subgroup.

1. Does the cohort have fewer than 40 members?

2. Has the cohort met or exceeded an 80.0 percent graduation rate?

3. Has the cohort met or exceeded the state annual target?

4. Has the cohort met or exceeded the school annual target?

5. Has the cohort met or exceeded 110 percent of the annual improvement step (defined in Paragraph C.4).

F. If at the end of the series of 5 questions a "yes" is not provided, the cohort has failed AYP.

G. A school (or subgroup) that exceeds the state’s target with its 2009 graduation rate shall use the state targets as school targets. New schools shall have targets based on their second year graduation rates and the number of years remaining until 2022.

H. All subgroups and the whole school shall be evaluated using the steps delineated in this Section regardless of safe harbor considerations.

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 36:2243 (October 2010), LR 37:1122 (April 2011), LR 38:3110 (December 2012).

§709. Failing the Subgroup Component

A. A school shall fail the subgroup component if ANY subgroup within that school fails the participation rate test, the ELA or math AMO status test or the safe harbor test.

B. A school in which all subgroups have passed the subgroup component must also have the school pass the additional academic indicator (AAI). A school passes the AAI when it has:

1. achieved a 90 percent attendance rate (for schools without a 12th grade)/65 percent graduation rate, beginning in 2007 (for schools with a 12th grade) (A 99 percent confidence interval is applied to the 90 percent attendance rate; or

2. made at least 0.1 percent improvement in attendance rate (for schools without a 12th grade);

3. beginning in fall 2011 using 2010 graduation data met one of the 5 criteria in §708.F, above for the whole school and each subgroup within the school with sufficient data for a valid and reliable decision.

NOTE: If a school in which all subgroups have passed the subgroup component does not pass the additional academic indicator, it shall not pass the subgroup component.


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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2744 (December 2003), amended LR 30:2256 (October 2004), LR 32:1026 (June 2006, LR 33:2594 (December 2007), LR 37:1123 (April 2011), LR 38:3110 (December 2012).

Chapter 11. School Performance Categories

§1101. Letter Grades

A. For the 2013-2014, 2014-2015 and 2015-2016 school years, letter grades shall be assigned pursuant to §303 of this bulletin. Thereafter schools will receive letter grades based on the school performance score (SPS).

B. In addition to the letter grade, the LDE shall award schools the following labels:

1. if a school declines, it shall be labeled as "declining;" and

2. if a school qualifies as a reward school (described in §1301), it shall be labeled as a "top gains" school.

C. The LDE shall identify all schools that have selective, non-traditional academic admissions requirements.

D. The LDE shall identify all schools that are classified as alternative schools.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 37:2120 (July 2011), amended LR 38:3110 (December 2012), LR 40:760 (April 2014), LR 41:2579 (December 2015).

§1102. Academically Unacceptable Schools (AUS)

A. A school with a baseline SPS below 50.0 shall be identified as an academically unacceptable school (AUS), except in 2013-2014 and 2014-2015 when AUS status shall be assigned for those schools with a letter grade of "F."

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 37:2121 (July 2011), amended LR 39:304 (February 2013), LR 40:760 (April 2014).

§1103. Honor Rolls

A. Beginning with the release of 2010-2011 school accountability data, the LDE shall produce a letter grade honor roll to recognize all schools that earn a letter grade of A or B.

B. Beginning with the release of 2010-2011 school accountability data, the LDE shall produce a graduation rate honor roll to recognize all schools with a graduation rate greater than or equal to the state average.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 37:2121 (July 2011), amended LR 38:3111 (December 2012).

§1105. Turnaround Schools

A. If a turnaround operator takes over an entire school that was labeled “F” in the previous school year, including all previous grade levels and all former students of the “F” school, then the school’s grade shall be reported as “T” for the first two years of operation.

B. However, all other metrics of the school performance report shall still be reported (e.g., SPS, subgroup performance).

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 38:3111 (December 2012).

Chapter 13. Rewards/Recognition

§1301. Reward Eligibility

A. A school shall be labeled a “reward school” if it meets the following growth goals.

1. For schools labeled an “A” for the previous academic year, such schools shall improve their SPS by five points. If an “A” school is within five points of the total possible points (i.e., 150), then the school shall need to reach an overall score of 150.

2. For schools labeled “B,” “C,” “D,” or “F,” such schools shall improve their SPS by 10 points.

B. Schools labeled as “reward schools” shall be eligible for financial rewards, as funds are available and as determined by the department.

C. Schools will not be eligible for reward status regardless of growth if they are in any level of subgroup component failure.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2744 (December 2003), amended LR 30:1446 (July 2004), LR 31:1513 (July 2005), LR 33:1334 (July 2007), LR 33:2595 (December 2007), LR 38:3111 (December 2012), LR 39:2444 (September 2013), LR 40:1317 (July 2014).

§1303. Correction of Data

A. Districts and the LDE shall evaluate any instance of irregular or unusual data in the following respects for determining the allocation of rewards:

1. if irregularities are resolved and the data is corrected before rewards are provided, the rewards will be based upon the corrected data;

2. if the irregularities are resolved and the data is corrected after rewards have been distributed, the school shall be required to repay any rewards for which it was ineligible as determined by the audit findings or the State Board of Elementary and Secondary Education (SBESE) will subtract the reward amount from future funds to be awarded to the district or from some other source.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2745 (December 2003), amended LR 38:3111 (December 2012).

Chapter 16. Academically Unacceptable Schools and Subgroup Component Failure

§1601. Entry into Academically Unacceptable School Status

A. For the 2011-2012 accountability release, schools with SPS of less than 75.0 out of 200 shall be labeled “academically unacceptable schools” (AUS). Beginning with the 2012-2013 accountability release, schools with SPS less than 50.0 out of 150 shall be labeled “AUS.” All AUS schools shall implement remedies from the "academically unacceptable schools" table (below).

1. BESE may, during times of transition in the accountability system, waive schools meeting certain conditions from receiving the AUS label and/or from implementing certain remedies and sanctions.

B. A school shall enter AUS Level 1 when identified as AUS if the school was not labeled AUS the previous year, including schools that did not receive performance labels the previous year.

C. Schools progress to more serious levels of AUS based on the number of consecutive years a school has been labeled AUS.

D. Schools exit academically unacceptable school status when their SPSs are greater than or equal to 50.0.

E. Academically Unacceptable Schools


Academically Unacceptable Schools

Level

Remedy

Title 1

Non-Title 1

AUS 1
(Year 1)

(notified Aug. 1) - AUS 3 (Year 3)



School Choice

x

x

AUS 4 + (Year 4+)

Eligible for the RSD

x

x

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 33:2595 (December 2007), amended LR 35:2312 (November 2009), LR 36:1770 (August 2010), LR 37:2121 (July 2011), LR 38:3111 (December 2012).

§1603. Requirements for Academically Unacceptable Schools

A. Schools/LEAs that do not comply with AUS remedies and sanctions will be eligible for state takeover.

B. Schools entering AUS Level 1 (AUS1)-AUS Level 3 (AUS3) must:

1. allow parents of students in academically unacceptable schools (AUS) to transfer their child to a higher performing public school as stated in Chapter 25;

2. supplemental education services (SES) are no longer a required remedy. However, if SES will be utilized in an “F” school, then the SES provider must be selected from a state-approved list of providers published annually by the LDE.

C. In compliance with R.S. 17:10.5, schools labeled AUS for four consecutive years are eligible for state takeover (other criteria may apply).

1. The means for this takeover occurring is a group submitting a proposal for a type 5 charter school and by BESE awarding a charter to the group.

2. Since multiple proposals may be submitted for one school, they are evaluated and the proposal most likely to succeed is most likely to receive the charter.

3. The LEA may also develop a proposal to keep and reconstitute its school.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 33:2596 (December 2007), amended LR 35:2313 (November 2009), LR 38:3112 (December 2012).

§1605. Entry and Exit from Subgroup Component Failure

A. Any school that fails to meet Subgroup AYP in the same subject or in the AAI for two consecutive years enters Subgroup Component Failure Level 1 (SCF1).

B. Schools in any level of subgroup component failure remain at the same level if they pass Subgroup AYP for one year in the subject that caused them to originally enter.

C. A school exits subgroup component failure when it passes the Subgroup AYP for two consecutive years in the subject that caused them to originally enter subgroup component failure.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 33:2597 (December 2007).

§1607. Requirements for Schools Identified as Failing the Subgroup Component for Two Consecutive Years

A. Schools identified as entering subgroup component failure shall enter school improvement level 1. Each year the school improvement level shall be updated to reflect the number of years of subgroup failure.

B. Schools identified as SI1+ shall not qualify for “reward school” status or any of the benefits of such status.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 33:2597 (December 2007), amended LR 38:3112 (December 2012).

Chapter 21. State-Level School Improvement, Academically Unacceptable Schools and Subgroup Component Failure Tasks

§2101. State Support at Each Level

A. State's responsibilities to districts with schools in school improvement, and schools labeled AUS or for subgroup component failure as aligned with Chapter 16 levels of remedies and sanctions, include:

1. providing a diagnostic process for schools through the network structure;

2. providing support and training through the network structure; and

3. providing an approved list of supplemental educational service providers should schools or districts wish to utilize supplemental educational services.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2748 (December 2003), amended LR 30:2745 (December 2004), LR 31:1516 (July 2005), LR 32:1027 (June 2006), LR 33:2598 (December 2007), LR 35:2313 (November 2009), LR 38:3112 (December 2012).

Chapter 23. Reconstitution/Alternate Governance Plans

§2301. Schools Requiring Reconstitution/Alternate Governance Plans

A. Districts shall notify SBESE of all school closures and reconstitution.by December 31 of the previous academic year. Notice shall include requests for site code changes, grade reconfigurations, and attendance zone changes. Requests to close schools after October 1 will not be approved until the end of the current academic year.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2749 (December 2003), amended LR 31:1516 (July 2005), LR 31:2765 (November 2005), LR 33:2599 (December 2007), LR 38:3113 (December 2012), LR 40:1318 (July 2014).

Chapter 24. Recovery School District

Editor’s Note: Section 2403 has been incorporated into Bulletin 129—The Recovery School District. See LAC 28:CXLV.505.

§2401. Eligibility for Transfer to the Recovery School District

A. The Louisiana legislature established the recovery school district with the passage of R.S. 17:1990. A school is eligible for the recovery school district under any of the following conditions.

1. The LEA fails to submit a reconstitution plan for a school in AUS 4 to BESE for approval.

2. A school's reconstitution plan is submitted to BESE but is deemed to be unacceptable.

3. A school and/or the LEA fails to comply with the terms of a BESE approved reconstitution plan.

4. A school is labeled academically unacceptable for four consecutive years.

B. The recovery school district under R.S. 17:10.5 and 10.7 shall retain jurisdiction of any school transferred to it for a period of not less than five school years not including the school year in which the transfer occurred if the transfer occurred during a school year.

1. No later than October 1 each year, the recovery school district shall make a report to the state Board of Elementary and Secondary Education.

a. The report shall include at a minimum each of the following elements:

i. the status of each school transferred;

ii. the nature of its faculty and administration;

iii. the demographics and size of its student body;

iv. its organizational and management structure;

v. whether there has been improvement in student academic performance and, if so, how much and, if not, why not.

2. No later than January 1 prior to the expiration of the five-year period, the state Board of Elementary and Secondary Education shall take action on the recommendations of the recovery school district concerning the transfer of schools.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 32:1028 (June 2006), amended LR 33:2599 (December 2007), LR 34:431 (March 2008), LR 35:640 (April 2009), LR 37:2595 (September 2011).

Chapter 25. School Choice

§2501. Schools Requiring Choice

A. An LEA must develop a school choice policy for schools that are academically unacceptable.

B. Beginning with the 2003-04 school year, an LEA shall notify parents of their school choice options not later than the first day of the school year for the schools that must offer choice.

1. An LEA must offer more than one choice to eligible students, if more than one school is eligible to receive students.

2. The LEA must take into account the parents' preferences among the choices offered, or the LEA may allow parents to make the final decision.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2749 (December 2003), amended LR 33:2599 (December 2007), LR 38:3113 (December 2012).

§2503. Student Eligibility

A. An LEA must offer choice to all students in an eligible school until the school is no longer identified as AUS except:

1. if an eligible student exercises the option to transfer to another public school, an LEA must permit the student to remain in that school until he or she has completed the highest grade in the school and shall provide transportation to the student.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2749 (December 2003), amended LR 33:2599 (December 2007), LR 38:3113 (December 2012).

§2505. Transfer Options

A. An LEA may consider health and safety factors in determining the transfer options. Should the LEA have concerns for health and safety factors, the LEA will need to find ways to provide choice consistent with their obligations to provide a healthy and safe learning environment.

B. An LEA that is subject to a desegregation plan is not exempt from offering students the option to transfer.

1. An LEA should first determine whether it is able to offer choice within the parameters of its desegregation plan.

2. If it is not able to do so, or if the desegregation plan forbids the LEA from offering the choice option, the LEA needs to seek court approval for amendments to the plan that permit a transfer option for students.

C. Students may not transfer to any school that is academically unacceptable or that has been identified for school improvement 1 or higher for subgroup component failure.

D. If there are no schools to which students can transfer, parents must be notified that the child is eligible for choice. The notification will further indicate that no choice options are currently available.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2749 (December 2003), amended LR 33:2599 (December 2007).

Chapter 29. Progress Report

§2901. State Annual Reporting

A. The SBESE shall report annually on the state's progress in reaching Louisiana's 2014 goal. The Louisiana Department of Education shall publish individual school reports to provide information on every school's performance. The school reports shall include the following information: school performance scores, percent proficient scores, and school progress in reaching growth targets. The LDE shall report subgroup performance to schools for the following subgroups:

1. African American;

2. American Indian/Alaskan Native;

3. Asian;

4. Hispanic;

5. white;

6. two or more races;

7. economically disadvantaged;

8. limited English proficient;

9. students with disabilities; and

10. all students.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2751 (December 2003), amended LR 38:3113 (December 2012).

Chapter 31. Data Correction and Appeals/Waivers Procedure

§3101. Appeals/Waivers and Data Certification Processes

A. An appeal/waiver procedure and a data certification process have been authorized by the State Board of Elementary and Secondary Education (SBESE) and shall be used to address unforeseen and aberrant factors and to correct inaccurate accountability data impacting schools in Louisiana.

1. Beginning with the 2008-09 academic year, in compliance with the requirement in the No Child Left Behind Act of 2001 that a school shall have an opportunity to review school level data prior to being identified as an Academically Unacceptable School or failing the subgroup component, the LDE shall establish a data certification period for all schools/LEAs to correct any inaccurate accountability data.

a. The LDE shall provide a period (or periods) of not less than 30 calendar days for final review, correction, and verification of accountability data.

b. All cohort graduation data must be corrected during the year following its collection.

c. The LDE will provide training to district level staff on an annual basis.

2. All data correction must occur during the designated data certification period.

3. Each LEA must collect supporting documentation for every data element that is corrected and maintain the documentation on file for at least four years.

4. Each school district shall create and implement a district data certification procedure that requires the site-based administrator at each accountable school to review all accountability data during the data certification period.

B. The LDE shall review all data corrections during the certification period and grant approval of those proven valid. The LDE may request documentation to support the validity of the changes.

C. The appeal/waiver procedure is created to address issues when the literal application of accountability policy does not consider certain unforeseen and unusual circumstances.

1. All appeal/waiver requests must be submitted to the LDE within 15 working days of the fall accountability release.

2. The LDE shall review appeal/waiver requests and make recommendations to the SBESE during first regularly scheduled BESE sessions following the close of the appeal/waiver period. Within this interval, the LDE shall notify LEAs of its recommendations and allow them to respond in writing. The LDE's recommendations and LEA responses will be forwarded to SBESE for final disposition.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2751 (December 2003), amended LR 30:1620 (August 2004), repromulgated LR 30:1996 (September 2004), amended LR 30:2257 (October 2004), LR 31:2422 (October 2005), LR 35:2313 (November 2009), LR 38:3113 (December 2012), LR 40:1318 (July 2014).

§3103. Definitions

Appeal―a request for the calculation or recalculation of the School Performance Score (SPS), growth target, and/or subgroup component scores based on the most recent spring test administration, and attendance and dropout data from the prior academic year.

Waiver―a temporary "withholding" of accountability decisions for no more than one accountability year. Waivers shall be denied to aggrieved parties attempting to subvert the intent of provisions outlined in the state statute.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2751 (December 2003), amended LR 30:2258 (October 2004).

§3105. General Guidelines―Parent/School-Level Requests

A. Parents or individual schools seeking an appeal or waiver on issues relating to Louisiana's District and School Accountability System shall file their requests, regardless of the type, through the local superintendent, charter school leader, or appointed representative as authorized by the local governing board of education.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2752 (December 2003), amended LR 35:2314 (November 2009), LR 38:3114 (December 2012).

§3107. General Guidelines―Local Board of Education-Level Requests

A. The local superintendent, charter school leader, or official representative of each local governing board of education shall complete the LDE's appeals/waivers request form and provide supporting documentation to the Division of Assessments and Accountability no later than 15 working days after the official release of the fall accountability results.

B. Data corrections shall not be grounds for an appeal or waiver request as all data corrections shall be made prior to the release regardless of the source of any errors.

1. Requests concerning either the inclusion or exclusion of special education student scores in accountability calculations, except as outlined in Bulletin 111, shall not be considered by the LDE.

C. Supporting documentation for appeal/waiver requests should clearly outline the unforeseen and unusual factors that generate the requests. The local school system shall be responsible for supplying the LDE with information necessary for recalculating accountability components per applicable policy.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2752 (December 2003), amended LR 30:2258 (October 2004), LR 31:1516 (July 2005), LR 35:2314 (November 2009), LR 38:3114 (December 2012).

§3109. Criteria for Appeal

A. LEA superintendents or charter school leaders shall notify the LDE in writing of any changes to existing school configurations and newly opened schools no later than the 15 day appeal/waiver window during the first year of the reconfiguration and school opening. All school closures must be reported at the end of the schools' last academic year of operation.

B. LEAs may petition the SBESE in instances not addressed by policy or in instances when the policy is unclear.

C. An appeal shall be filed by the LEA in order to receive monetary rewards for any eligible closed school.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2752 (December 2003), amended LR 30:1620 (August 2004), repromulgated LR 30:1997 (September 2004), amended LR 31:1517 (July 2005), LR 31:2423 (October 2005), LR 35:2314 (November 2009), LR 38:3114 (December 2012).

Chapter 33. New Schools and/or Significantly Reconfigured Schools

§3301. Inclusion of New Schools

A. For a newly formed school, the school district shall register the new school with the Louisiana Department of Education to have a site code assigned to that school. A new school shall not be created nor shall a new site code be issued in order to allow a school to avoid an accountability decision or prevent a school from entering the accountability system. Before a new school is created, the local education agency must work with the Louisiana Department of Education to explore ways the new school can be included in the accountability system.

B. When two or more schools are created from an existing school (e.g., grades 4-6 "split" from an existing K-6 structure, creating a K-3 school and a 4-6 school), the LEA must consult with the LDE prior to implementing such changes to determine how the impacted schools will retain reward and/or AUS or subgroup component failure status and any sanctions, remedies, and funds (e.g., a 3-8 school in AUS 3 should retain the AUS3 status in both schools if it is reconfigured into a 3-5 and a 6-8 school and if all grade levels contributed to its poor performance). After this consultation, the LDE shall make all decisions regarding the effects of these changes on rewards, AUS and subgroup component failure status, and sanctions for all schools effected by the changes and will notify the LEA of its decision.

C. New K-8 schools (in existing LEAs) with one year of test data shall be included in accountability. For dropout/credit accumulation data, the district average for elementary schools will be used.

D. The new high school in an existing LEA shall enter accountability using its first year of assessment data.

1. This adjusted assessment index shall be used as a first year SPS to assign letter grades.

2. The graduation index calculated from the school’s first graduating class shall be included as a SPS indicator.

E. Schools that do not align with the patterns described in this Section will be included in accountability as soon as the required data is available.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2753 (December 2003), amended LR 31:2765 (November 2005), LR 33:2599 (December 2007), LR 36:1992 (September 2010), LR 37:3201 (November 2011), LR 38:2358 (September 2012), LR 38:3114 (December 2012), LR 40:1318 (July 2014).

§3303. Reconfigured Schools

A. Reconfigured schools are identified as schools that change grade configuration, combine two schools with separate sitecodes into one school with a single sitecode, or divide one school into two separate schools with different sitecodes. Data collected at one site shall not be moved to another site and included in accountability results except when two or more schools with dissimilar configurations combine to create one school.

B. Prior to any reconfiguration, the LDE will review the changes to school sites in the planned reconfiguration and will consult with the LEA on the effects that the reconfiguration will have on rewards and/or AUS or subgroup component failure status. After this consultation, the LDE shall make all decisions regarding the effects of these changes on rewards, AUS or subgroup component failure status, and sanctions for all schools effected by the changes and will notify the LEA of its decision. Any AUS, SCF, or AA status and eligibility for participating in any specific programs shall be determined by the LDE.

C. All reconfigurations must be submitted to the sponsor site database before October 1 of the first year of operation under the reconfiguration.

D. High schools with a grade 12 that merge with a school without a grade 12 will retain its graduation data from the prior year.

E. When a high school with a grade 12 merges with another school with a grade 12, the graduation cohort outcome data from both schools will be combined together and recalculated.

F. The LDE will consult with the district concerning the SPS calculation when unusual circumstances or configurations exist.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2753 (December 2003), amended LR 30:2446 (November 2004), LR 31:2765 (November 2005), LR 33:2600 (December 2007), LR 36:1993 (September 2010), LR 37:3201 (November 2011), LR 38:3114 (December 2012), LR 40:1318 (July 2014).

Chapter 35. Inclusion of Alternative Education Schools and Students in Accountability

§3501. Alternative Education

A. Districts must provide an alternative education placement for all students suspended for a period of more than 10 consecutive schools days or expelled. Districts shall either operate an alternative program or school (direct run or charter), or enter into an agreement with an education service provider to run a program or school.

B. Alternative schools and programs must be approved by BESE. Classifications must be submitted to the LDE prior to July 1 and cannot be changed until the following year.

C. For the purposes of school accountability alternative schools and programs are those that:

1. are established to meet the specific needs of students with special challenges that require educational environments that are alternatives to the regular classroom;

2. house one or more programs designed to address discipline, dropout prevention and recovery, credit recovery, etc; and

3. do not provide programs only for students who are academically advanced, gifted, talented, or pursuing specific areas of study (arts, engineering, medical, technical, etc.).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:10.1, R.S. 17:416, and R.S. 17:416.2.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 39:472 (March 2013).

§3503. Alternative Schools Including Alternative Charter Schools
[Formerly §3501]

A. For the purposes of school accountability, alternative schools are those schools that:

1. have a separate site code; and

2. enroll some or all students for 45 or more days.

B. A student placed at an alternative school for fewer than 45 days shall be considered to be attending an alternative program within the school, and as such, must remain enrolled in their sending school.

1. For the purposes of this chapter, a sending school is the last school a student attended. If the student’s current grade level is not included in the configuration of the last school they attended, the LEA must enroll the student at school that includes the student’s grade using a feeding pattern or attendance zone when possible.

C. The school performance scores and letter grades of alternative schools will be published with other schools.

1. Alternative schools will be clearly labeled as alternative schools in public releases.

2. Alternative schools with sufficient data shall also be evaluated in the subgroup component in the same manner as regular schools.

3. The school performance scores for alternative schools will exclude the assessment data for students who are not full academic year (FAY) enrollees.

D. Starting with evidence of student progress from the 2014-2015 academic year, all alternative schools shall receive a performance report that shall include, but not be limited to, data pertaining to academic progress, credit accumulation, completion, and behavior modification.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2753 (December 2003), amended 31:423 (February 2005), LR 34:868 (May 2008), LR 35:1472 (August 2009), LR 37:2119 (July 2011), LR 37:3202 (November 2011), LR 38:1213 (May 2012), LR 39:472 (March 2013), LR 40:2240 (November 2014).

§3505. Alternative Programs

A. For the purposes of school accountability, alternative programs are those programs that provide education to suspended and/or expelled student but:

1. do not enroll students; and

2. do not have a site code.

B. Scores for students attending alternative programs will be counted at the sending school at which the student is enrolled.

1. For the purposes of this Chapter, a sending school is the last school a student attended. If the student’s current grade level is not included in the configuration of the last school they attended, the LEA must enroll the student at school that includes the student’s grade using a feeding pattern or attendance zone when possible.

C. Starting with evidence of student progress from the 2014-2015 academic year, all alternative programs shall receive a performance report that shall include, but not be limited to, data pertaining to academic progress, credit accumulation, completion, and behavior modification.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education LR 39:472 (March 2013), amended LR 40:2241 (November 2014).

§3507. Alternative Schools for Adjudicated Youth
[Formerly §3505]

A. Any child who is in the custody of the Office of Juvenile Services, Department of Public Safety and Corrections, as a result of being an adjudicated delinquent or in need of supervision by a court and assigned by the office of juvenile services to a community-based program or facility, as provided for in R.S. 17:100.1, shall be provided educational services pursuant to R.S. 17:100.1.

1. For those LEAs providing educational services directly to students in these programs/facilities, the facility shall be considered a district alternative program or school for accountability purposes, according to the provisions set forth in §3505 of this bulletin.

2. Subject to the requirements of R.S. 17:100.1(B), any city or parish school board may contract for the provision of educational services for children described in Subparagraph b. The site at which contracted educational services are provided may be considered an alternative program or alternative school, according to the provisions set forth in §3505 of this bulletin.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:10.1 and RS 17:100.1.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2753 (December 2003), amended LR 34:868 (May 2008), LR 35:1473 (August 2009), LR 39:473 (March 2013).

Chapter 39. Inclusion of Students with Disabilities

§3901. Assessment of Students with Disabilities

A. All students, including those with disabilities, shall participate in Louisiana's testing program. The scores of all students who are eligible to take the LEAP, iLEAP, EOC assessments, ACT, PLAN, EXPLORE, or LAA 1 shall be included in the calculation of the SPS. Most students with disabilities shall take the assessments with accommodations, if required by their individualized education program (IEP).

1. Only students with significant cognitive disabilities are eligible to participate in LEAP Alternate Assessment Level 1 (LAA 1) as defined by the LEAP Alternate Assessment Level 1 participation criteria.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2754 (December 2003), amended LR 31:2763 (November 2005), LR 36:1994 (September 2010), LR 38:3115 (December 2012), LR 40:2508 (December 2014).

§3903. LEAP Alternate Assessment Participation Criteria

A. A student participating in LEAP Alternate Assessment Level 1 shall progress toward a certificate of achievement.

B. Students with disabilities participating in the LEAP Alternate Assessment Level 1 (LAA 1) must meet specific participation criteria as stated in Bulletin 1530Louisiana's IEP Handbook for Students with Disabilities.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2754 (December 2003), amended LR 31:2763 (November 2005), LR 40:2508 (December 2014).

§3905. Inclusion of Alternate Assessment Results

A. All SPS shall include LAA 1 scores.

B. Each LAA 1 exam will be assigned one of three performance levels (exceeds standard, meets standard, working toward standard) and each performance level will be assigned points for use in assessment index calculations as follows.



LAA 1 Performance Level

Assessment Points

Exceeds Standard

150

Meets Standard

100

Working Toward Standard

0

1. Students scoring meets standard or exceeds standard on a LAA 1 exam will be considered proficient in subgroup component calculations.

2. Students taking LAA 1 exams shall be included in accountability calculations at the grade level in which they are enrolled in the student information system (SIS).

C. Students participating in LEAP Alternate Assessment Level 1 (LAA 1) will be assigned scores of zero in SPS component calculations and scores of non-proficient in subgroup component calculations if they do not meet the specific participation criteria as stated in Bulletin 1530Louisiana's IEP Handbook for Students with Disabilities.

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 29:2754 (December 2003), amended LR 30:767 (April 2004), LR 31:2763 (November 2005), LR 33:254 (February 2007), LR 35:2031 (October 2008), LR 35:640 (April 2009), LR 35:641 (April 2009), LR 38:3115 (December 2012), LR 40:2508 (December 2014).

Chapter 40. Definitions Related to English Proficiency

§4001. Proficient in English

A. To be considered English proficient and exit limited English proficient (LEP) status, a LEP student must score as follows.

1. For grades K-2:

a. two years at composite level V on the English language development assessment (ELDA); or, in the same year;

b. at composite level V on ELDA and at grade-level/benchmark/low-risk on a standardized reading assessment, such as DIBELS Next.

2. For grades 3-8:

a. composite level V on ELDA; or, in the same year;

b. at composite level 4 IV on ELDA and at proficient on the ELA or English language arts state content assessment.

3. For grades 9-12:

a. composite level V on the ELDA: or, in the same year;

b. at composite level IV on the ELDA and at proficient on ELA or English state content assessment in the most recent academic year.

B. Students with disabilities who are unable to meet the above exit criteria after four years or more in LEP status because of their disability, as decided only by consensus of the members of the school building level committee (SBLC), may be exited from LEP status (but will still be required to take statewide assessments).

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

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 30:767 (April 2004), amended LR 33:254 (February 2007), LR 34:2552 (December 2008), LR 36:2243 (October 2010), LR 38:3115 (December 2012).

§4003. Making Progress in Learning English

A. Making progress in learning English will be demonstrated by a student who moves from the most recent Prior Year ELDA composite level to, in the current year, at least the next higher progress criterion as described below:


Prior Year ELDA Level

Progress Criterion

Beginning (Level I)

Lower Intermediate (Level II)

Lower Intermediate
(Level II)

Upper Intermediate (Level III)

Upper Intermediate
(Level III)

Advanced (Level IV)

Advanced (Level IV)

Full English Prof. (Level V) or English proficient (Sec.4001-Definition)

Full English Prof. (Level V)

English Proficient (Sec.4001-Definition)

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