PART VI-A. SCREENING AND INTERVENTIONFOR SCHOOL SUCCESS

§392.1. Screening and intervention; purpose; applicability; city and parish school system; duties

            A.(1) The legislature acknowledges that identification of and adjustment to the individual characteristics that affect a child's learning style will improve a child's opportunity to succeed in school. Some of the characteristics that some children bring to school with them are products of learning disorders and/or social or environmental risk factors that, if identified, acknowledged, and addressed can be mitigated or alleviated.

            (2) It is the purpose of this Part to intervene with regard to any impediments to a successful school experience that exist for children as early as possible in their schooling and to bring to bear all resources that can be made available in a school setting to address any difficulty a child may have and make it possible for him to begin school ready and able to learn.

            B.(1) Every child in public school in grades kindergarten through third shall be screened, at least once, for the existence of impediments to a successful school experience. No child shall be screened if his parent or tutor objects to such screening.

            (2) Such impediments shall include:

            (a) Dyslexia and related disorders, as defined in R.S. 17:7(11).

            (b) Attention deficit disorder.

            (c) Social and environmental factors that put a child at risk of dropping out of school.

            (3) In doing such screenings, a priority shall be placed on screening any student referred for screening, pursuant to R.S. 17:7(11); however, if a child is so referred, a screening for all other impediments shall be done at the same time.

            C. Screenings as required by this Section shall have one or more of the following results:

            (1) No indication of need for services.

            (2) Indication of need for services to ameliorate the effect of a possible learning disorder.

            (3) Indication of need for assistance to ameliorate the effect of a possible risk factor.

            (4) Referral for further evaluation for the existence of eligibility for the receipt of special education services.

            D. Children in need of services and/or assistance shall have it provided to them. Services for disorders shall be provided in accordance with R.S. 17:7(11). Children who are referred for further evaluation shall be provided further evaluation in accordance with Chapter 8 of this Title. Children who are in need of assistance shall have it provided to them in accordance with this Part.

            E. The screenings required by this Section shall be done directly by elementary school counselors, pupil appraisal personnel, teachers, or any other professional employees of the school system who have been appropriately trained, all of whom shall operate as advocates for the children identified as needing services or assistance pursuant to this Part. No screenings shall be done by persons who have not been trained to do such screenings, consistent with the requirements established for such training by the State Board of Elementary and Secondary Education.

            F.(1) Each public school governing authority shall submit a report to the state Department of Education by December fifteenth annually relative to the occurrence of dyslexia. The report shall include numbers of students of all grade levels identified as dyslexic, either pursuant to the provisions of this Section or R.S. 17:2112, and shall include, per grade, all of the following:

(a) For students identified as dyslexic through a Section 504 Plan:

            (i) The number initially identified during the preceding school year.

            (ii) The total number.

            (b) For students with an Individualized Education Plan identified as having a specific learning disability, dyslexia:

(i) The number initially identified during the preceding school year.

(ii) The total number.

            (2) The state Department of Education shall compile the reports received pursuant to Paragraph (1) of this Subsection and report such data to the House Committee on Education and the Senate Committee on Education no later than March first annually.

            (3) Notwithstanding Paragraph (1) of this Subsection, if the number of students in a grade level identified as dyslexic is not zero and not more than ten, the report shall not indicate an exact number but shall indicate that there are fewer than eleven students in the grade identified as dyslexic.

            Acts 1992, No. 1120, §1, eff. July 14, 1992; Acts 1999, No. 581, §1, eff. July 1, 1999; Acts 2018, No. 307, §1; Acts 2021, No. 275, §4; Acts 2021, No. 419, §1; Acts 2022, No. 374, §1; Acts 2022, No. 622, §1.