La. Admin. Code tit. 28 § XXXIX-707

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXXIX-707 - Exceptions to Promotion and Support Policy for Eighth Grade Students

A. Mastery/Advanced Waiver. The LEA may waive the state policy for students scoring at the Unsatisfactory level in English language arts or mathematics, if the student scores at the Mastery or Advanced level in the other, provided that:

1. the decision is made in accordance with the local pupil progression plan, which may include a referral to the School Building Level Committee (SBLC);

2. the student has participated in the spring administration of LEAP and has attended a summer remediation program offered by the LEA; and

3. parental consent is granted.

B. U/B Waiver. The LEA may waive the state policy for students scoring at the unsatisfactory level in English language arts or mathematics, if the student scores at the basic level in the other, provided that the following criteria are met:

1. the student scored approaching basic or above on the science and social studies components of LEAP;

2. the student had an overall 2.5 grade point average on a 4.0 scale;

3. the student had a minimum 92 percent attendance during the school year;

4. the decision is made in accordance with the local pupil progression plan, which may include a referral to the School Building Level Committee (SBLC);

5. the student has participated in the spring administration of LEAP and has attended a summer remediation program offered by the LEA; and

6. parental consent is granted.

C. AB/AB Waiver. An LEA, through its superintendent, may consider a waiver for a student who has scored at the approaching basic level on both the English language arts and mathematics components of LEAP. The LEA may grant the waiver in accordance with the local pupil progression plan provided the following criteria are met.

1. The student has attended a LEAP summer remediation program offered by the LEA.

D. LEP Waiver. Limited English proficient (LEP) students shall participate in the statewide assessments pursuant to Bulletin 118. The SBLC shall be granted the authority to waive the state's grade promotion policy for an LEP student.

E. Extenuating Circumstances Waiver

1. An LEA, through its superintendent, may grant a waiver on behalf of individual students who are unable to participate in LEAP testing because of one or more of the following extenuating circumstances as verified through appropriate documentation:

a. a physical illness or injury that is acute or catastrophic in nature;

b. a chronic physical condition that is in an acute phase;

c. court-ordered custody issues.

2. Documentation

a. Physical Illness. Appropriate documentation must include verification that the student is under the medical care of a licensed physician for illness, injury, or a chronic physical condition that is acute or catastrophic in nature. Documentation must include a statement verifying that the illness, injury, or chronic physical condition exists to the extent that the student is unable to participate in remediation.

b. Custody Issues. Certified copies of the court-ordered custody agreements must be submitted to the LEA at least 10 school days prior to summer remediation.

F. State-Granted Waiver

1. A local school superintendent, a parent or guardian, or the DOE may initiate a request for a state-granted waiver from the state superintendent of education on behalf of individual students who are not eligible for promotion because of LEA error or other unique situations not covered under extenuating circumstances.

2. The DOE will provide a report to BESE detailing state-granted waivers.

3. Documentation

a. LEA Error. The LEA superintendent or parent must provide the state superintendent of education with school- and student-level documentation detailing the error, how the error occurred, and how the error will be corrected so that it will not occur again in the future.

b. Other Unique Situations. Documentation must be provided to the state superintendent of education detailing the unique situation and justifying why a waiver should be granted.

4. Testing/Promotion Decisions

a. The DOE will communicate to the LEAs the means for establishing promotional decisions for those students who have received a state-granted waiver.

La. Admin. Code tit. 28, § XXXIX-707

Promulgated by the Board of Elementary and Secondary Education, LR 36:2006 (September 2010), Amended LR 402242 (11/1/2014), Amended LR 44482 (3/1/2018), Amended LR 441004 (6/1/2018), Amended LR 4618 (1/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6, 17.7, and 17:24.4.