HB 818 (Louisiana, 2026) – Student Assessments: Summary
Purpose and intent
- Establishes tighter oversight and transparency around student assessments in public schools.
- Aims to limit time spent on mandated assessments, increase annual review of assessment requirements, and require posting of statewide and local assessment schedules.
- Seeks to protect teacher professional judgment and reduce unnecessary testing, while maintaining compliance with federal/state requirements.
Key provisions and changes
1) Assessment time limitations (new limit begins 2027-2028)
- Public school students’ time spent taking standards-based assessments and any other assessments required by federal/state law or BESE rules (including benchmarks and interim assessments) shall not exceed 2% of the minimum annual instructional minutes.
- Exceptions:
- Accommodations for students with disabilities (exceptionality) or 504 plan students are not counted toward the 2% limit.
- Excludes college entrance exams, college credit exams, AP, IB, and industry-based credential exams from the 2% cap.
- Time spent on teacher-selected routine quizzes, tests, exams, portfolio reviews, or classroom performance assessments used in ordinary instruction and grading is not counted toward the limit.
2) Annual review of benchmarks and interim assessments
- Public school governing authorities must review all benchmarks and interim assessments annually.
- Any testing requirement not mandated by federal or state law must be administered only at the teacher’s professional discretion.
3) Statewide and local schedule posting (beginning 2026-2027)
- Department of Education (DOE) must post a statewide mandated assessments schedule on its website by August 1 each year, for the upcoming school year.
- Schedule contents: assessments required by federal/state law or BESE rules; exclude local-only requirements.
- Format: uniform template, plain-language delivery method labels; must include name, vendor/publisher, grade level, subject, delivery method, administration date/window, makeup window, number of admins, estimated minutes per administration, total minutes per student, the authority of the requirement, and citation.
- Accessibility: no login/password; posted also as a PDF.
- Updates: schedule must be maintained and updated within 10 business days of changes.
- Privacy: no PII or student results included.
Public school governing authorities must:
- Maintain the posted scheduling information on their websites.
- Within 10 business days after DOE posts/updates, provide a direct hyperlink to the latest statewide schedule and an identical PDF copy.
- By November 1 each year, post a schedule of local benchmarks and interim assessments not required by federal/state/BESE rules.
DOE and BESE to ensure consistent implementation through templates, and BESE to adopt enforcement rules, including a complaint and corrective action process.
4) Waivers and contracts
- BESE may grant waivers to governing authorities to allow time to fulfill obligations under unexpired multi-year contracts for assessments, provided contracts were executed before August 1, 2026.
- Waivers are issued in 1-year increments and may be renewed; cannot extend beyond remaining contract term.
- Beginning August 1, 2026, governing authorities may not enter into or renew contracts for assessments that do not comply with the 2% limit and related requirements, except as allowed by a waiver.
- Waiver requests must include contract terms, assessment details, financial penalties for termination, stakeholder input, and a transition plan to achieve compliance.
5) Teacher protections
- No educator shall face reprisal or adverse employment action for choosing not to administer, score, or use a district/school-mandated assessment that exceeds requirements or lacks instructional value per professional judgment.
6) DOE BESE reporting and consolidation
- DOE to consolidate assessment mandates and publish an annual, consolidated inventory of all required assessments (federal/state/BESE rules).
- DOE to provide guidance to governing authorities to comply with the 2% time-limit and other provisions.
7) Parent rights (Parents’ Bill of Rights for Public Schools)
- Adds the right to receive the statewide mandated assessment schedule and the local benchmarks/interim assessments applicable to the parent’s child, with posting to school websites and notification of revisions within ten business days.
Effective date
- Effective upon governor’s signature or lapse of time for gubernatorial action; if vetoed and legislature approves, effective the day after final approval.
Implementation notes
- The Louisiana Department of Education (DOE) and the State Board of Elementary and Secondary Education (BESE) must develop templates, implementation materials, and rules to implement these changes prior to the relevant school year.
- Emphasis on transparency, teacher professional discretion for non-mandated assessments, and alignment with existing legal requirements.
Impact considerations
- Potential reduction in time devoted to assessments beyond mandated requirements, and greater clarity for districts on what must be administered.
- Increased accessibility of assessment schedules for parents and communities.
- Possible administrative workload shift toward posting, updating, and waiving processes, with BESE oversight and a new complaint/corrective framework.