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Louisiana Developmental Disabilities Council

Promoting Independence, Self-Determination,
Productivity, Integration, & Inclusion

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Promotion/Diploma Pathways

Act 833 of 2014 – What is it?
Policies and Opinion Letters
Additional Information and Frequently Asked Questions
Act 833 Leadership Steering Committee
Training
Sample Documents
Submit Questions

Act 833 of 2014 – What is it?

In 2014 landmark legislation passed the Louisiana Legislature that will provide a pathway to promotion and graduation for certain students with disabilities.  Act 833 (previously HB 1015), by Representative John Schroder and Senator Dan Claitor, establishes alternative pathways for grade promotion and graduation for students with disabilities who have not passed standardized tests. This shift in policy is a monumental departure from Louisiana being among the states with the most stringent and restrictive policies for grade promotion and graduation to Louisiana joining many states in recognizing the role a student’s Individualized Education Program (IEP) should have in determining student outcomes.

The effort to advocate for these changes was a collaborative approach by parents of children with disabilities, administrators of special education, and advocacy organizations.  Together these groups sought a solution to the one-size approach to measuring student success, retention policies that prevented students from accessing higher levels of material, and exiting high school with a document indicating the skills and abilities they achieved.  The La. D.D. Council, La. Association of Special Education Administrators, Families Helping Families Regional Resource Centers, LaTEACH and others remain committed to work together in creating resources to aid in the effective and proper implementation of Act 833 to ensure each student has the opportunity to maximize their potential and earn a diploma – a recognition for their achievements.

Stakeholders were instrumental in ensuring rules promulgated were aligned with the spirit and letter of Act 833.

Data Tracking Implementation, Access and Outcomes

On August 23rd, 2018 the Council’s Act 833 Ad Hoc Committee submitted a request for data to the Louisiana Department of Education (LDOE):   LDOE_Act833AdHoc.DataRequest 8-24-18

Below are data provided by LDOE related to the request by the Act 833 Ad Hoc Committee:

  • 2012-13 to 2017-18 SWD Enrolled in Core Applied Courses_PUBLIC1
  • 2016-17 Students with Disabilities Earning Credits DCAI
  • 2017-18 Act 833 AdHoc Committee Request_State Level_PUBLIC[2]

Policies and Opinion Letters

In July 2018 the Council considered reports of school systems not understanding grade promotion requirements for some students with disabilities in accordance with Act 833 of 2014.  The Council voted to do three things:

  1. Establish an Act 833 of 2014 Ad Hoc Committee.
  2. Write BESE a letter requesting clarification of Act 833 of 2014 promotion requirements in the Pupil Progression Plan Bulletin.
  3. Write LDOE a letter requesting additional guidance to school systems in the implementation of Act 833 of 2014.
    • LDOE response to Council request 08-13-18.
    • In the LDOE September 4th, 2018 weekly newsletter a  link under Policy Updates and Reminders provided a paragraph related to promotion of students with disabilities according to Act 833 of 2014.

BESE met on August 12 and 13, 2014 and approved initial policies revisions related to Act 833 that were aligned with DD Council recommendations and Act 833.  Click the links be to read the Council analysis of the proposed policy revisions and recommendations to align policies with Act 833.

  • At the July 2018 DD Council meeting a motion passed to request BESE and LDOE to address concerns over confusion by Local Education Agencies in implementing grade promotion in accordance with Act 833.  On August 2, 2018, the DD Council sent two letters related to issues identified with the implementation of grade promotion of students with disabilities per Act 833.  The LDOE responded in writing on August 13th, 2018 and BESE discussed the issue on August 14, 2018.  In response to advocates pointing out issues with schools not following Act 833 regarding grade promotion of students and numerous Pupil Progression Plans of LEAs containing confusing language and guidance, BESE urged LDOE to address the issue.  LDOE agreed to push out information to LEAs on appropriate implementation of grade promotion in accordance with Act 833.
    • Council letter to BESE requesting revisions to Bulletin 1566: Pupil Progression Plans related to the grade promotion for certain students with disabilities: BESE_Act833Promotion_Policy.Clarification.
    • Council letter to LDOE requesting additional guidance to Local Education Agencies (LEAs) in the implementation of grade promotion determinations for students with disabilities per Act 833: LDOE_Act833Promotion_Guidance 8-2-18
    • LDOE responded to Council requests: DD Council Act 833 Response
  • On August 13, 2014, BESE approved changes to multiple Bulletins (or rules) related to Act 833.  The next step is for these policy revisions to go out on a Notice of Intent for public comment.
    • Revisions to Bulletin 1530 Louisiana’s IEP Handbook (passed out at BESE meeting on 8.12.14)
      • Original LDE recommended revisions to Bulletin 1530 Louisiana’s IEP Handbook
        • Council analysis of La. Department of Education initial proposed policy revisions (Bulletin 1530)
        • Council recommendations to align Bulletin 1530 to Act 833
    • Revisions to Bulletin 111 The Louisiana School, District and State Accountability System
    • Revisions to Bulletin 741 Louisiana Handbook for School Administration
    • Revisions to Bulletin 118 Statewide Assessment Standards and Practices
    • Revisions to Bulletin 1566 Pupil Progression Policies and Procedures
  • The BESE unofficial rule making docket

Opinion Letters

  • DD Council Synopsis of LDE interpretation of Act 833 (9/30/14)
  • Superintendent White response to Representative Schroder (9/5/14)
  • Representative Schroder letter to Superintendent White (9/4/14)
  • U.S. Department of Education response to Representative John Schroder (1/12/15)
  • Representative John Schroder Letter to U.S. Department of Education (8/12/14)
  • U.S. Department of Education (7/2/14)
  • Letter sent to Superintendent White requesting consideration of recommendations for pathways to The Louisiana Diploma for all students with disabilities from collaboration of LaSEA, La, DD Council, FHF, LaPTIC, NFB, NOPBE, LOPBC, PDRIB and Autism Society of Acadiana (11/5/13)

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Additional Information and Frequently Asked Questions

Frequently Asked Questions (FAQs)

  • Louisiana Department of Education
    • Act 833 FAQ on Graduation and Promotion (October 2014)
    • Special Education Updates for the 2014-2015 School Year, Frequently Asked Questions(amended August 18, 2014) with information on changes to assessments, promotion and graduation.
  • LaDDC
    • Frequently Asked Questions:  Alternative Pathway for Promotion and Graduation for Students with Disabiltiies (HB1015/Act 833) (July 2014)

Act 833 addresses some of the issues created by how two major federal education laws differ in the goals and purposes educators are responsible to meet for students with disabilities.  A great source to understand the mis-alignment and different purposes of federal education laws is the March 2014 report from the Congressional Research Service:  The Education of Students with Disabilities: Alignment Between the Elementary and Secondary Education Act and the Individuals with Disabilities Education Act.

Graph illustrating how policies impact student exit outcomes: Graduation vs. Reading Rates of Students with Disabilities by State.

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Act 833 Leadership Steering Committee

The purpose of the Act 833 Leadership Steering Committee will be to provide guidance and recommendations related to the implementation of alternative pathways for promotion and graduation requirements of certain students.  Recommendations will include, but not limited to, policy changes, guidance documents, monitoring strategies and communications with the public that strive to maintain high expectations for all students and enable each student the opportunity to earn a high school diploma.

Act 833 Leadership Steering Committee Members

All meetings are open to the public and will be held from 1:00 p.m. to 4:00 p.m. on the following dates in the North Dakota Room (1-155) of the Claiborne Conference Center, 1201 North Third St., Baton Rouge, La 70802:

  • September 3, 2014    Agenda        Summary
  • October 1, 2014         Agenda        Summary
  • November 12, 2014   Agenda        Summary
  • December 10, 2014   Agenda        Summary
  • January 7, 2015         Agenda        Summary
  • February 5, 2015       Agenda        Summary
  • March 4, 2015           CANCELED
  • April 1, 2015              CANCELED

Additional meetings will be scheduled as necessary.

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Training

Louisiana Department of Education Webinar:

How to Implement Act 833 – Promotion

October 9 & 10, 2014

Louisiana Department of Education Webinar

How to Implement Act 833 – Graduation

September 29 & 30, 2014

Introduction to Act 833 Powerpoint  

Panel Discussions (videos):

Introduction to Act 833
Act 833 General Discussion:  How and Why?
Special Education Supervisors Discuss Implementation Plans and Strategies
Why Act 833?

Sample Documents

The documents below were created by teams of educators and administrators in local school systems.  Local school systems were required to implement Act 833 prior to policies and official guidance documents being finalized.  Therefore, special education directors and supervisors from around the state developed documents necessary to guide the process for implementation.  These efforts were done in good faith to ensure implementation based on the best interpretation of Act 833 in the absence of official policy and guidance.  Official policies, i.e., revisions to Bulletins, take months due to the need for public comment on rule revisions.  Documents below are listed as formal communications from the La. Department of Education or as unofficial drafts.

Student Eligibility and Determination Checklists – Unofficial Drafts

High School Graduation Eligibility Criteria Form.pdf

  • High School Graduation Eligibility Criteria Form
  • High School Graduation Eligibilitiy Criteria Form – Caddo Parish

Promotion Eligibility Criteria Form.pdf

  • Promotion Eligibility Determination Form
  • Promotion Elgibility Determination Form – Caddo Parish

Sample Language to Consider for IEPs – Unofficial Drafts

IEP Statements for Students that Qualify for Alternative Pathways for Promotion/Diploma – Caddo Parish

La. Department of Education Guidance on developing Student Learning Targets.  This guidance is a great guide that directs teachers to prioritize content on standards, develop assessments that provide the best evidence of students’ mastery and most importantly, set learning targets for students or minimum levels of performance expected from identified students based on their baseline data.  Similar to what is required by Act 833, SLTs are based on whether students meet reasonably attainable and rigorous learning targets.

Other States’ Policies and Guidelines:

New York City Promotion Criteria Guidelines for Students with Disabilities in Grades 3-8 (Fall 2012)

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Submit Questions

Please submit questions to either:

Shawn Fleming at [email protected]

or

Laureen Mayfield at [email protected]b.us

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