§10.9. Accountability; office of juvenile justice schools

A. The state school and district accountability program shall include all office of juvenile justice schools. For the purposes of this Section, "office of juvenile justice schools" shall mean all schools and programs providing educational services to students in secure care facilities operated by, or contracted under, the authority of the Department of Public Safety and Corrections, youth services, office of juvenile justice.

B. Not later than July 1, 2016, the State Board of Elementary and Secondary Education shall convene a mutual accountability team as an ad hoc subcommittee of the Accountability Commission. No later than March 1, 2017, the mutual accountability team shall recommend to the board a specialized accountability program for the office of juvenile justice schools. The specialized accountability program for office of juvenile justice schools shall be consistent with the accountability program mandated for all schools in Louisiana and contain appropriate considerations for schools in secure juvenile justice facilities. The mutual accountability team shall consist of:

(1) One member of the Accountability Commission to be designated by the chair of the commission. This member shall serve as chair of the mutual accountability team.

(2) One person designated by the deputy secretary for youth services.

(3) One person who is an expert on education in custodial settings, designated by the chairperson of the Juvenile Justice Reform Act Implementation Commission, after consultation with the Council of State Governments.

(4) One person representing the interests of students and families, designated by the executive director of the Louisiana Advocacy Center.

(5) One person who is an expert in alternative education in community settings, designated by the director of the Institute for Public Health and Justice at Louisiana State University.

C. Not later than March 1, 2017, the State Board of Elementary and Secondary Education shall adopt rules in accordance with the Administrative Procedure Act to establish a specialized accountability program for office of juvenile justice schools based on recommendations of the mutual accountability team. The specialized accountability program shall include:

(1) A specialized school report card for use in assessment of student achievement in office of juvenile justice schools. The report cards shall be consistent with other accountability systems as required by law and must articulate additional criteria tailored to measuring the progress of students in office of juvenile justice schools and the performance of those schools. In articulating these criteria, the mutual accountability team and the State Board of Elementary and Secondary Education shall consider but are not limited to:

(a) Student growth in reading and math as measured through an appropriate assessment instrument. The assessment instrument shall be administered to all students in office of juvenile justice schools upon entry, upon release, or at other appropriate intervals during the students' term of custody. The mutual accountability team shall recommend selection criteria for assessment instruction, recommend benchmark standards around participation, and recommend student growth targets.

(b) Credit accumulation. The mutual accountability team shall recommend a mechanism through which the office of juvenile justice and the state Department of Education shall track students' credit accumulation and recommend a benchmark standard for credit accumulation.

(c) Modified graduation rates and recognized high school equivalent passage rates.

(i) The mutual accountability team shall recommend a uniform assessment protocol for identifying students entering office of juvenile justice schools with a high likelihood of graduating from high school while in the care of the office of juvenile justice. For these students, the team shall recommend a benchmark graduation rate metric against which student and school progress can be measured.

(ii) The mutual accountability team shall recommend a uniform assessment protocol to assess the readiness of students to take a high school equivalency test. For students who demonstrate readiness, the team shall recommend a benchmark passage rate against which student and school progress can be measured.

(d) School attendance, defined as the percentage of students who are physically present in classrooms for school and educational programs.

(e) The percentage of students pursuing a high school diploma; an industry-based certification approved by the State Board of Elementary and Secondary Education; a recognized high school diploma equivalent; credits for advanced courses, including but not limited to advanced placement courses and courses in which students are dually enrolled in postsecondary education institutions; and postsecondary education programs.

(f) Performance in educating youth with exceptionalities, including identifying special education needs, developing best-practices Individualized Education Programs, and providing services and supports mandated by Individualized Education Programs.

(g) Re-enrollment in school or other educational or vocational training programs after leaving office of juvenile justice custody.

(h) Success in post-release high school, postsecondary education, or job-training programs.

(2) A program of regular, in-person monitoring of office of juvenile justice schools on no less than an annual basis. The mutual accountability team shall study and recommend to the State Board of Elementary and Secondary Education the monitoring program, which may include but not be limited to external accreditation and monitoring visits by teams of experts in special education and correctional education. The program shall be implemented no later than July 1, 2017.

(3) A set of supports, interventions, and remedies to be implemented when an office of juvenile justice school is deemed to be academically unacceptable and a definition of "academically unacceptable status" that is appropriate for the office of juvenile justice schools. The intensiveness of the interventions and remedies developed must escalate for every year that a school is deemed to be in academically unacceptable status, and must include the following:

(a) Mandating intervention by the state Department of Education if any office of juvenile justice school is found to be academically unacceptable in any year.

(b) Mandating, at a minimum, the production by the state Department of Education of annual written reports detailing any supports, interventions, and remedies implemented when any office of juvenile justice school is deemed academically unacceptable. Such reports shall be presented annually to the Juvenile Justice Reform Act Implementation Commission and the chairs of the Senate Committee on Education and the House Committee on Education and be available on the websites of the state Department of Education and the office of juvenile justice.

D. The specialized office of juvenile justice school report cards developed pursuant to Subsection C of this Section shall be assembled and calculated by the state Department of Education annually. With the results of the 2017-2018 school year, the report cards and performance scores shall be published annually on the websites of the state Department of Education and the office of juvenile justice. Additionally, the state Department of Education and the office of juvenile justice shall jointly prepare an annual written report on educational progress and quality in office of juvenile justice schools, a copy of which shall be made available on the websites of both agencies, and shall jointly appear before the Juvenile Justice Reform Act Implementation Commission to present the report.

E. Not later than July 1, 2017, the mutual accountability team and the State Board of Elementary and Secondary Education shall develop and adopt rules in accordance with the Administrative Procedure Act, governing educational assessment and counseling of students in office of juvenile justice schools. Such rules shall include but not be limited to:

(1) Provisions for ensuring that students are appropriately assigned to educational programs and schools including high school diploma programs, industry-based certifications approved by the State Board of Elementary and Secondary Education, and recognized high school diploma equivalent programs.

(2) Provisions for ensuring that the student's parents or legal guardians are consulted and consent to a student's being removed from a program leading to a high school diploma as part of a student's individual learning plan.

(3) Provisions for ensuring that the expressed interests of students and their parents or legal guardians are taken into account in assigning youth to, and transferring youth among, educational programs and schools.

F. Not later than July 1, 2017, the mutual accountability team shall recommend to the State Board of Elementary and Secondary Education a policy mandating which records, information, and other documentation that must be maintained within the cumulative file of any student in an office of juvenile justice school. The policy shall also articulate expectations for the expedient development of cumulative student files upon a student's entry into office of juvenile justice custody, and for expedient transfer of cumulative student files among programs and schools as students transition out of office of juvenile justice schools. The State Board of Elementary and Secondary Education shall consider the mutual accountability team's recommendations in promulgating into law a policy that may include but not be limited to the considerations provided in this Subsection.

G. Not later than December 1, 2016, the mutual accountability team shall recommend the capabilities, functions, and other selection criteria for a comprehensive computerized student information system to be used in collecting, storing, and reporting data in office of juvenile justice schools. The office of juvenile justice shall ensure the implementation and deployment of the student information system in all office of juvenile justice schools no later than July 1, 2017. The student information system must meet all specifications articulated by the Louisiana Department of Education, the State Board of Elementary and Secondary Education, and the office of technology services of the division of administration. In recommending the capabilities of the student information system, the mutual accountability team shall consider the following:

(1) Student information systems with the capability to communicate and share data with the office of juvenile justice case management software, local school districts, and the state Department of Education.

(2) Student information systems that can serve as the single point of entry for all data used in report cards required by this Section, progress profiles prepared pursuant to R.S. 17:3912, and required federal reporting.

H. Not later than January 1, 2017, the state superintendent of education shall designate a program manager for juvenile justice education programs to supervise all monitoring, oversight, support, and intervention in office of juvenile justice schools and to ensure compliance with applicable federal requirements.

I. Notwithstanding any provision of law to the contrary, the office of juvenile justice shall be considered a parish school board for purposes of development and submission of pupil progression plans pursuant to R.S. 17:24.4.

Acts 2016, No. 500, §3.