§100.13. Expanded academic support

            A. Each school year, each student in grades three through eight who failed to achieve mastery on any statewide assessment administered pursuant to the state's school and district accountability system in reading or math in the previous academic year shall be provided expanded academic support as provided in Subsection B of this Section.

            B. Each city, parish, or other local public school board shall develop an educational plan and supporting budget to provide expanded academic support to students identified pursuant to Subsection A of this Section using federal funds provided for educational relief due to the COVID-19 pandemic. The plan shall be submitted to the state Department of Education not later than September 30, 2021, for review and approval.

            (1) Educational plans shall adhere to state board rules and regulations pertaining to pupil progression and individual academic improvement plans.

            (2) Supporting budgets shall adhere to all applicable federal and state regulations, including but not limited to those enacted pursuant to the federal Elementary and Secondary School Emergency Relief Fund.

            C. The department shall review each plan submitted for compliance with applicable federal and state regulations, including state board regulations pursuant to pupil progression and individual academic improvement plans. The department shall provide feedback to the local board if necessary to bring the plan into compliance with applicable regulations.

            D. If any city, parish, or other local public school board fails to have an approved plan in place by August 1, 2023, the school board shall adhere to any revised requirements provided for in this Section or any State Board of Elementary and Secondary Education policy that is not inconsistent with this Section.

            E. The parent or legal guardian of a student identified in need of expanded academic support shall be provided one of the following options:

            (1) Accelerated instruction as provided in Subsection F of this Section to commence no later than thirty days after the student is identified in need of expanded academic support.

            (2) Prioritized placement in a class taught by a teacher labeled as "highly effective" pursuant to the state's teacher evaluation system, if a highly effective teacher is available in the school.

            F. Accelerated instruction provided pursuant to this Section shall:

            (1) Include targeted instruction in the subject matter of reading or math in which the student has failed to perform satisfactorily.

            (2) Be provided in addition to the instruction normally provided to students in the grade level in which the student is enrolled.

            (3) Be provided in one-on-one or small group instruction, at least three times per week, in thirty-minute minimum sessions, which may be embedded in the school day or provided outside of the school day.

            (4) Be designed to assist the student in achieving proficiency in the applicable subject area.

            (5) Be taught using high-quality instructional materials that are aligned with state content standards and that are specifically designed for supplemental instruction.

            (6) Be provided to a student individually or in a group of not more than five students, unless the parent or legal guardian of each student in the group authorizes a larger group.

            (7) Be provided by a person with training in using the instructional materials pursuant to Paragraph (5) of this Subsection and who receives ongoing oversight while providing the accelerated instruction or a high-quality tutoring provider as defined in Subsection G of this Section. If the school board selects a tutoring provider that has not been classified as a high-quality tutoring provider by the state Department of Education, the school board shall apply for a waiver from the department and stipulate how the tutoring services will be provided.

            (8) To the extent possible, be provided by the same person for the entirety of the student's supplemental instruction period.

            (9) Be provided in accordance with guidelines on research-based best practices and effective accelerated instruction strategies developed and provided by the state Department of Education.

            G.(1) For the purpose of providing accelerated instruction, the state Department of Education shall publish on its website a list of approved high-quality tutoring providers.

            (2) In approving high-quality tutoring providers, the department shall require the tutoring providers to:

            (a) Use high-quality instructional materials that are aligned with research on effective teaching and learning and state content standards.

            (b) Implement high-impact tutoring practices pursuant to Paragraph (F)(3) of this Section.

            (c) Utilize diagnostic or assessment data to guide instruction.

            (d) Use well-trained tutors who have passed background checks required of school employees.

            (e) Offer tutoring through in-person services or video conferences, or both, and provide all tutoring services through live, face-to-face interactions.

            (3) The department shall publish the list of high-quality tutoring providers no later than October first of each year beginning in 2023.

            (4) Approved providers listed by the department shall be exempt from the state procurement laws.

            H. Within fifteen calendar days of a parent selecting accelerated instruction, the parent shall be provided a written plan detailing the accelerated instruction that will be provided, including information on who will provide the instruction and when the instruction will be provided. The plan shall include specific dates for progress reports and information on the parent's role in accelerating the student's learning.

            I.(1) Each city, parish, or other local public school board shall provide a report by June first of each year to the state Department of Education on all of the following:

            (a) The number of students identified as needing expanded academic support, the number of students provided each type of academic support, and the number of students who failed to achieve mastery on any statewide assessment administered pursuant to the state's school and district accountability system during each school year continuing to need additional academic support.

            (b) A list of the high-quality tutoring providers and any teachers used by the local board to offer the expanded academic supports.

            (c) A summary of how the school day has been restructured to offer the expanded academic supports.

            (d) The amount and source of funds spent on providing expanded academic supports.

            (2) By July first of each year, the department shall publish a report on its website summarizing the information required by Paragraph (1) of this Subsection by school, by school system, and statewide.

            J. The determination of whether students are in need of additional expanded academic support shall not be used in evaluating teacher performance or determining school or district accountability scores and letter grades.

            K.(1) No state funds or obligated federal funds shall be used to implement the provisions of this Section.

            (2) If funding that is compliant with Paragraph (1) of this Subsection is unavailable, the state is not obligated to provide funding to continue the expanded academic support provided for in this Section.

            Acts 2021, No. 294, §1; Acts 2023, No. 458, §1.