MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Education; Appropriations

By: Representative Martinson, Cameron, Howell, Moore (60th), Smith (35th)

House Bill 1428

AN ACT TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ESTABLISH A PILOT PROGRAM FOR RESEARCH-BASED READING INSTRUCTION IN GRADES K-3 IN ONE SCHOOL IN EACH CONGRESSIONAL DISTRICT; TO PRESCRIBE CERTAIN COMPONENTS OF THE RESEARCH-BASED READING INSTRUCTION WHICH MUST BE INCLUDED IN THE PILOT PROGRAM SCHOOLS' CURRICULUM FOR GRADES K-3; TO REQUIRE THE THIRD GRADE STUDENTS IN THE PILOT SCHOOLS TO TAKE A NATIONALLY STANDARDIZED NORM-REFERENCED TEST OF BASIC READING AND READING COMPREHENSION; TO REQUIRE REMEDIAL INSTRUCTION FOR STUDENTS SCORING BELOW THE NATIONAL AVERAGE ON THE TEST; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO UTILIZE ANY AVAILABLE FUNDS FOR IMPLEMENTATION OF THE PILOT PROGRAM; TO REQUIRE THE DEPARTMENT TO REPORT TO THE LEGISLATURE ON THE EFFECTIVENESS OF THE PROGRAM; TO AMEND SECTION 37-43-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REQUIRE CERTAIN SUPPLIERS OF READING AND LANGUAGE ARTS INSTRUCTIONAL PROGRAMS AND MATERIALS TO PROVIDE A REPORT INDICATING WHICH PORTIONS OF THEIR PROGRAMS AND MATERIALS ADDRESS CERTAIN COMPONENTS OF RESEARCH-BASED READING INSTRUCTION; TO AMEND SECTION 37-43-41, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO EXPEND NECESSARY FUNDS, AS PART OF THE RESEARCH-BASED READING INSTRUCTION PILOT PROGRAM, FOR SUPPLEMENTAL TEXTBOOKS TO PROVIDE EACH STUDENT IN GRADES K-3 WITH A FULL SET OF READING AND LANGUAGE ARTS INSTRUCTIONAL MATERIALS AND EACH KINDERGARTEN THROUGH THIRD GRADE TEACHER OF READING WITH THE CORRESPONDING TEACHER'S MANUALS THAT ARE BASED ON AND CONSISTENT WITH NATIONAL RESEARCH ON THE ACQUISITION OF READING SKILLS AND ABILITY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The State Department of Education shall establish a pilot program under which the curriculum of students in Grades K-3 shall include research-based reading instruction. The department shall select one (1) elementary school in each congressional district to participate in the pilot program; the various schools selected must represent urban, suburban and rural areas of the state. The curriculum in the pilot program schools for Grades K-3 must include the following research-based reading instruction for each of these grades:

(a) Direct systematic intensive instruction in phonemic awareness;

(b) Direct systematic, intensive, explicit instruction in sound-symbol relationships (phonics);

(c) Ample practice in decodable vocabulary-controlled texts (texts in which ninety-five percent (95%) of the words are decodable using previously taught sound-symbol association and word attack skills);

(d) Direct systematic intensive instruction in the morphologic structure of English;

(e) Direct systematic intensive instruction in word attack skills;

(f) Direct systematic intensive instruction in spelling;

(g) Direct systematic intensive instruction in vocabulary development; and

(h) Direct systematic intensive instruction in grammar, punctuation and capitalization.

(2) The third-grade students in the pilot schools shall take a nationally standardized norm-referenced test of basic reading (decoding) and reading comprehension.

(3) Any student who achieves a score on the test required under subsection (2) of this section which is below the national average must be provided individualized remedial instruction, in addition to the regular curriculum of reading instruction, by the school district until the student achieves a level of basic reading and reading comprehension consistent with the national average.

(4) The State Department of Education shall use any available funds for the implementation of the research-based reading instruction in the pilot program schools.

(5) The State Department of Education shall submit an annual report to the Legislature on the effectiveness of the research-based reading instruction pilot program. The report must include the test results from each school participating in the program and recommendations on remediation procedures.

SECTION 2. Section 37-43-19, Mississippi Code of 1972, is amended as follows:

37-43-19. The board shall have the power and is * * * authorized:

(a) To promulgate rules and regulations for the purchase, care, use, disposal, distribution and accounting for all books to be furnished under the terms of this chapter, and to promulgate such other rules and regulations as may be necessary for the proper administration of this chapter.

(b) To adopt, contract for, and make available for purchase, cash or credit, basal, supplementary or alternative textbooks through twelve (12) grades as provided in the school curriculum, or for any other course that it may add to the school curriculum.

(c) To determine the period of contract for rated and adopted textbooks, which shall not be for less than four (4) years nor more than five (5) years, with the right of the board, in its discretion, to renew or extend such contract from year to year for a period not exceeding two (2) additional years and to determine the conditions of the approval or forfeiture of a contract and such other terms and conditions as may be necessary and not contrary to law.

(d) To have complete power and authority over additions and amendments to textbooks, advertising for bids and the contents thereof, including auxiliary materials and workbooks, advertising on the protective covers of textbooks, bids and proposals, prices of textbooks, specimen copies, cash deposits, selection and adoption, distribution, fumigation, emergencies, selling to others, return of deposits, forfeiture of deposits, regulations governing deposits, renovation and repair of books, requisition, transportation or shipment of books, and any other acts or regulations, not contrary to law, that may be deemed necessary for furnishing and loaning free textbooks to the school children, as provided in this chapter.

(e) To require all suppliers of reading and language arts instructional programs and materials that are purchased with either state funds or federal funds and which are administered by the state to provide a report indicating which portions of their programs and materials address the components of research-based reading instruction as described in subsection (1) of Section 1 of House Bill No. , 2001 Regular Session.

SECTION 3. Section 37-43-41, Mississippi Code of 1972, is amended as follows:

37-43-41. (1) The State Textbook Fund of Mississippi shall consist of the amounts appropriated by the Legislature for the same, all monies accruing from the sale of disused books from other than public schools, all monies derived from the purchase of books by both public and private schools trustees, and by private individuals, all monies collected in damage suits under the terms of this chapter, and all other monies collected in any way whatsoever under the terms of this chapter.

(2) There is * * * created a special fund in the State Treasury to be designated as the "Local School District Textbook Carryover Fund." The fund shall be credited with any funds which were appropriated by the Legislature to the State Textbook Fund for any fiscal year in which the funds were allocated to local school districts but unexpended by said districts. The unexpended funds shall be deposited by the board into the Local School District Textbook Carryover Fund to the credit of the local school districts which were originally allocated such funds. All carryover funds which exist on June 30, 2001, that belong to public school districts shall be disbursed to the respective school districts. Carryover funds for other than public schools shall be handled in the same manner as previously described in this section.

(3) As part of the pilot program established under Section 1 of House Bill No. , 2001 Regular Session, the State Department of Education shall expend such funds as may be necessary from any available funds for the purchase of supplemental textbooks to provide each student in kindergarten through third grade with a full set of reading and language arts instructional materials and each kindergarten through third grade teacher of reading with the corresponding teacher's manual based on and consistent with national research regarding the acquisition of reading skills and ability. Any amount appropriated by the Legislature for the purpose set forth in this subsection must be in addition to the amount the Legislature appropriates for the State Textbook Fund for fiscal year 2001-2002.

SECTION 4. This act shall take effect and be in force from and after July 1, 2001.