(11)(a) Prepare a report to provide information that will assist policymakers and the public in assessing the extent to which the state's students have access to quality public education. The superintendent shall submit this report, which shall be in addition to the report required by Paragraph (7) of this Section, not later than December first annually to the House Committee on Education and the Senate Committee on Education. The report shall include school-level information for each public school, including charter schools, for the preceding school year. Such report shall include but need not be limited to data relative to the following:

(i) The type of school.

(ii) The percentage of students who are economically disadvantaged.

(iii) The percentage of students with exceptionalities who have an Individualized Education Program and the percentage of students who have an Individual Accommodation Plan.

(iv) The percentage of students who are racial or ethnic minorities.

(v) The percentage of students who are English language learners.

(vi) The percentage of students who complete Advanced Placement, International Baccalaureate, or dual-enrollment courses.

(vii) The percentage of students who complete courses included in the core curricula for the Taylor Opportunity Program for Students.

(viii) The percentage of students who complete industry-based certifications.

(ix) The percentage of students in world language immersion programs.

(x) The percentage of students who have access to instruction in the visual and performing arts and the percentage of students who have access to instruction in world languages.

(xi) The percentage of students who have out-of-school suspensions and the percentage of students who have expulsions.

(xii) Results of state assessments administered in grades three through twelve.

(xiii) The percentage of teachers determined to be highly effective.

(xiv) The number of teacher absences.

(b) The report also shall provide aggregate data required by Items (a)(vi) through (xii) of this Paragraph according to the categories of students in Items (a)(ii) through (v) of this Paragraph.

(3) The state board shall also gather the following data to ensure that all programs are research-based and data-driven and use such data for continuous program improvement:

(a) Total number of high school suspensions and expulsions.

(b) Total number of students enrolled in alternative schools.

(c) Total number of students who have failed Algebra I or English I.

(d) Total number of students who are repeating the ninth grade.

(e) Total number of students required to repeat a ninth grade course.

(2)(a) Reporting.–The governing authority of each public elementary and secondary school shall develop a procedure for the reporting of incidents of bullying. This shall include a form for the purposes of bullying reports. The form shall include an affirmation of truth of statement. Any bullying report submitted regardless of recipient shall use this form, but additional information may be provided. The form shall be available on the Department of Education's website and the website of each public elementary and secondary school.

(b) Students and parents.–Any student who believes that he has been, or is currently, the victim of bullying, or any student, or any parent or legal guardian, who witnesses bullying or has good reason to believe bullying is taking place, may report the situation to a school official. A student, or parent or legal guardian, may also report concerns regarding bullying to a teacher, counselor, other school employee, or to any chaperone supervising a school function or activity. Any report of bullying shall remain confidential.

(c) School personnel.–School personnel. Any teacher, counselor, bus operator, or other school employee, whether full- or part-time, and any chaperone supervising a school function or activity, who witnesses bullying or who learns of bullying from a student pursuant to Subparagraph (b) of this Paragraph, shall report the incident to a school official. A verbal report shall be submitted by the school employee or the parent on the same day as the employee or parent witnessed or otherwise learned of the bullying incident, and a written report shall be filed no later than two days thereafter.

(d) Retaliation.–Retaliation against any person who reports bullying in good faith, who is thought to have reported bullying, who files a complaint, or who otherwise participates in an investigation or inquiry concerning allegations of bullying is prohibited conduct and subject to discipline. School and district resources shall not be used to prohibit or dissuade any person who meets the specifications of this Item.

(e) False Reports.–Intentionally making false reports about bullying to school officials is prohibited conduct and will result in the appropriate disciplinary measures as determined by the governing authority of the school in accordance with the rules and regulations of the State Board of Elementary and Secondary Education.

(a) Reporting requirements and follow-up procedures.

(b) Notification requirements for school officials and a student's parent or other legal guardian.

(c) An explanation of the methods of physical restraint and the school employee training requirements relative to the use of restraint.

(2)(a) These guidelines and procedures shall be provided to the state Department of Education, all school employees and every parent of a student with an exceptionality. The guidelines and procedures shall also be posted at each school and on each school system's website.

(b) The provisions of Subparagraph (a) of this Paragraph shall not be applicable to the parent of a student who has been deemed to be gifted or talented unless the student has been identified as also having a disability.

(2) The governing authority of each public elementary and secondary school, in accordance with state board policy, shall report all instances where seclusion or physical restraint is used to address student behavior to the state Department of Education.

(3)(a) The state Department of Education shall maintain a database of all reported incidents of seclusion and physical restraint of students with exceptionalities and shall disaggregate the data for analysis by school; student age, race, ethnicity, and gender; student disability, where applicable; and any involved school employees.

(b)(i) Based upon the data collected, the state Department of Education shall annually compile a comprehensive report regarding the use of seclusion and physical restraint of students with exceptionalities, which shall at a minimum include the following:

(aa) The number of incidents of physical restraint disaggregated by school system; student age, race, ethnicity, gender, and student disability classification.

(bb) The number of incidents of seclusion disaggregated by school system; student age, race, ethnicity, gender, and student disability classification.

(cc) A list of the school systems and charter schools that have complied with the reporting requirements pursuant to Paragraph (2) of this Subsection.

(ii) The state Department of Education shall post the annual report on its website and submit a written copy to the Senate and House committees on education and the Advisory Council on Student Behavior and Discipline established pursuant to R.S. 17:253.

(a) The results of all tests required by law or board regulation, including results from any state required criterion-referenced test, norm-referenced test, and graduation exit exam.

(b) College readiness test information, including American College Test scores.

(c) School performance scores pursuant to R.S. 17:10.1.

(d) Dropout rates, as defined by board rule.

(e) Student attendance rates.

(f) High school completion rates.

(g) Faculty information.

(h) Financial information.

(i) Student discipline information, in total and by unduplicated counts, disaggregated by race, ethnicity, gender, sex, English learner status, and students with exceptionalities, excluding gifted and talented, in accordance with data collection conducted pursuant to 20 U.S.C. 3413(c)(1), including but not limited to the following:

(i) In-school suspensions.

(ii) Out-of-school suspensions.

(iii) In-school expulsions.

(iv) Out-of-school expulsions.

(v) Removals to an alternative education setting by school personnel.

(vi) Referrals to law enforcement.

(vii) School-related arrests.

(j) Class size information.

(k) Number of students in the general population and number of students in classes for students with exceptionalities.

(l) Number of school resource officers.

(m) Such other data as the board may approve.

(2) The data collection system may also provide for but shall not be limited to the regular collection of the following information:

(a) Faculty attendance rates.

(b) Number of students in advanced placement classes.

(c) Number of National Merit Scholarship finalists and semi-finalists.

(d) Socio-demographic student information.

(e) Such other data as the board may approve.

(3) Each city and parish school board shall ensure that all schools under its jurisdiction accurately report student discipline information, including referrals by teachers for serious disciplinary offenses, using the uniform reporting form developed by the State Board of Elementary and Secondary Education in accordance with the provisions of R.S. 17:416(A)(4)(a)(iii). Each board shall have school-level summaries of the reported student discipline information prepared for its use and shall formally review and analyze the summary information on a regular basis. Upon request by the state Department of Education, the student discipline information required by this Paragraph also shall be collected as part of the data collection system provided for by this Section. The provisions of this Paragraph shall apply to schools and educational programs located within secure care facilities under the jurisdiction of the Department of Public Safety and Corrections, office of juvenile justice.

(4)(a) The department shall annually collect the following data elements for students with an exceptionality by each disability classification, including breakouts of each speech or language impairment category and breakouts of each intellectual disability category, not including students identified exclusively as gifted and talented, for each city, parish, or other local public school board. The following data elements shall be reported for each disability classification in total as well as by unduplicated counts by race, gender, age, and sex:

(i) Setting.

(ii) Exit code.

(iii) Participation in each assessment type by grade and subject.

(iv) Scoring at the proficient level on each test administered pursuant to the school and district accountability program by grade and subject.

(v) Eligibility for an extended school year program.

(vi) Attending extended school year program.

(vii) Receiving initial evaluations, re-evaluations and waivers from evaluations.

(b) The data collection system shall also include information on student discipline for each public school by percentage and unduplicated counts of total students with exceptionalities receiving discipline, including:

(i) In-school suspensions, broken down by categories of ten days or less and more than ten days.

(ii) Out-of-school suspensions, broken down by categories of ten days or less and more than ten days.

(iii) In-school expulsions, broken down by categories of ten days or less and more than ten days.

(iv) Out-of-school expulsions, broken down by categories of ten days or less and more than ten days.

(v) Restraint procedures.

(vi) Seclusion procedures.

(vii) Unilateral removals to an interim alternative educational setting by school personnel by disability classification and by reason for removal.

(c) The data collection system shall also include:

(i) Percentage and unduplicated count of special education teachers by qualification level for each city, parish, or other local public school system.

(ii) Data and information regarding city, parish, or other local public school board high cost assistance requests and awards including but not limited to the unduplicated count of students included in the request, the total amount requested, and the amount awarded.

(d) The department shall annually compile a report that includes data on each element gathered from the latest collection cycle and trend data from the three prior years. The report shall be sent to each public school governing authority and published on the department's website.

(e) The requirements of this Paragraph shall not be construed to violate the provisions of R.S. 17:3914.

(f) For any fiscal year in which the department fails to collect and report the required data, the state treasurer shall withhold an amount equal to twenty- five percent of the state general funds appropriated to the state Department of Education through the general appropriations bill for "STATE ACTIVITIES" which are allocated for travel expenses, until such time as the department complies with the provisions of this Paragraph.

(1) Develop all procedures and formats for the defining and reporting of all data and statistical components and annually review them.

(2) Assist each local board and the office of juvenile justice in compiling the information by identifying and providing any required and discretionary information currently collected at the state level.

(3) Perform the statistical analysis necessary to aggregate the reported data.

(4) Coordinate all existing and new data collection efforts so as to minimize paperwork at the school and school system level.

(5) Repealed by Acts 1999, No. 1373, § 2, effective July 12, 1999.

1. The plan shall not prohibit a teacher from removing a pupil from the classroom for disciplinary reasons.

2. Each LEA shall adopt rules regarding the reporting and review of disciplinary actions.