THE APRIL DUNN ACT

The April Dunn Act (formerly Act 833) provides alternative pathways for grade promotion and graduation for students with disabilities who have not passed standardized tests. It allows the IEP team to decide on an individual set of performance criteria for a student to meet graduation requirements.

Who Is Eligible for April Dunn

Any student with a disability, as defined in R.S. 17:1942(B), except those identified as gifted and talented, and who has no other exceptionality, will be examined by the IEP team for eligibility for the April Dunn Act.

• Enters high school without achieving (does not pass) the state-established benchmarks on the LEAP 2025 state assessment for two of the three most recent school years (6th, 7th, and 8th grades), or
• Does not achieve (does not pass) the state-established benchmarks after two attempts of the same LEAP 2025 high school assessment. (IEP teams will use this criterion for determining eligibility once the student has taken at least one high school state assessment).

Which Students are NOT Eligible

• students with disabilities who have met requirements on standardized tests, or for promotion and/or graduation, will not be provided an alternative pathway to be promoted to the next grade or graduate
• students seeking an alternative education, i.e., the HISET program
• those students deemed Gifted and Talented

The Eligibility Process

The April Dunn Act states that within 30 days of an eligible student entering a course, the IEP team must establish individual performance criteria, or IEP goals and objectives, for the course. Individual performance criteria cannot be established past this deadline.

• Within 30 days of the student entering the grade level or course, the IEP team establishes minimum performance requirements relevant to promotion or graduation requirement.
• Performance requirements established by the IEP team include, but are not limited to, what a student must score on a standardized assessment or end of course test.
• The IEP team may set performance criteria for a course base on Alternative Pathway Performance Based Assessments (APPBA), including any applicable End-of-Course tests (content teacher will be involved in this discussion).
• Student fully participates in the course, is given access to all course content, and takes any applicable EOC tests.
• Teacher of record determines whether to award course credit.
• Include alternative requirements in IEPs of eligible students

How Parents Can Help Their Student Succeed

As a parent of a child with a disability, there are actions that can be taken to ensure the child is examined for eligibility for the April Dunn Act, and the IEP team applies the provisions of the Act in a timely manner—while upholding rigorous and high expectations.

• Know when your child will/should be examined for eligibility for the April Dunn Act. Your child should be examined:
• Upon entering the 9^th grade, and 
• In high school, after taking any LEAP 2025 state assessment.
• Be prepared to discuss your child’s eligibility for the April Dunn Act when they are entering the 9^th grade. If your child is not eligible upon entering high school, be prepared to reexamine eligibility each time your child takes a high school state assessment. (If your child’s IEP team does not discuss the April Dunn Act, please ask about the law and when your child will be examined for eligibility).
• Know your child’s assessment scores. The IEP team uses this criteria for determining eligibility once your child has taken at least one high school state assessment. Your child meets eligibility for the April Dunn Act when they:
• Enter high school without achieving the state-established benchmarks on the LEAP 2025 state assessment for two of the three most recent school years, or
• Do not achieve the state-established benchmarks after two attempts of the same LEAP 2025 high school assessment.
• Knowing the scores your child makes on a LEAP 2025 state assessment beginning in the 6^th grade will be useful information to bring to an IEP meeting for discussing eligibility for the April Dunn Act.
• Know when the April Dunn Act must be applied to your child’s courses. The law requires April Dunn Act to be applied to a course “within the first 30 days of a student entering the course”.
• Review the individual performance criteria to ensure they maintain the rigor and high expectations required of any other student. The April Dunn Act does not give the IEP team the authority to compromise the standards or requirements of any course. The IEP team is expected to develop goals and objective that:
• Address the entire course,
• Maintain the rigor and expectations of academic achievement, and
• Do not compromise the standards of the course.

For more information regarding the April Dunn Act, contact:

Fanese Cowan

Pupil Appraisal Coordinator/Compliance

fcowan@lincolnprep.school