MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education; Appropriations
By: Representatives Byrd, Aldridge, Boyd, Brown (20th), Carpenter, Chism, Gipson, Martinson, McLeod, Moore, Pigott, Rogers (61st), Weathersby, Young
AN ACT TO ESTABLISH THE MISSISSIPPI DYSLEXIA THERAPY SCHOLARSHIP FOR STUDENTS WITH DYSLEXIA PROGRAM; TO DEFINE CERTAIN TERMS USED IN THIS ACT; TO PROVIDE FOR STUDENT ELIGIBILITY REQUIREMENTS FOR RECEIPT OF A SCHOLARSHIP AND RESTRICTING ELIGIBILITY THEREFOR; TO PROVIDE FOR THE TERM OF THE SCHOLARSHIP; TO STIPULATE THE OBLIGATIONS OF PARENTS, STUDENTS AND SCHOOLS AND SCHOOL DISTRICTS; TO PRESCRIBE THE DUTIES OF THE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION REGARDING THE ADMINISTRATION OF THE SCHOLARSHIP PROGRAM; TO PROVIDE THE DEPARTMENT OF EDUCATION WITH THE AUTHORITY TO VERIFY THE ELIGIBILITY OF NONPUBLIC SCHOOLS AND TO ESTABLISH THE PROCESS FOR NOTIFICATIONS OF VIOLATIONS; TO AUTHORIZE THE STATE BOARD OF EDUCATION TO DENY, SUSPEND OR REVOKE A SCHOOL'S PARTICIPATION IN THE SCHOLARSHIP PROGRAM AND THE PROCEDURES TAKEN WITH RESPECT THEREFOR; TO REQUIRE THAT ALL COMPULSORY-SCHOOL-AGE CHILDREN BE SCREENED FOR DYSLEXIA DURING THE PERIOD BETWEEN THE SECOND SEMESTER OF KINDERGARTEN AND FINAL SEMESTER OF GRADE 1 AND OTHER APPROPRIATE TIMES AS DEEMED NECESSARY IN THE PUBLIC SCHOOLS OF THIS STATE; TO ESTABLISH THE PROCEDURES TO BE FOLLOWED IN SCREENING AND EVALUATION OF STUDENTS FOR DYSLEXIA AND RELATED DISORDERS AND PRESCRIBING WHO SHALL ADMINISTER THE SCREENING AND EVALUATION; TO REQUIRE THAT SCHOOL DIAGNOSTICIANS RECEIVE ADDITIONAL TRAINING IN THE EVALUATION AND DIAGNOSIS OF DYSLEXIA; TO REQUIRE THAT STUDENTS RECEIVE COMPREHENSIVE ACADEMIC EVALUATIONS BY TRAINED DIAGNOSTICIANS IN THE DIAGNOSIS OF DYSLEXIA IF SCREENING INDICATES RISK OF DYSLEXIA; TO REQUIRE THAT THE STATE DEPARTMENT OF EDUCATION OFFICE OF ACCREDITATION WORK IN CONJUNCTION WITH CERTAIN PUBLIC AND NONPUBLIC SCHOOLS TO ESTABLISH APPROPRIATE CURRICULUM GUIDELINES TO MEET THE UNIQUE LEARNING NEEDS OF CHILDREN WITH DYSLEXIA IN A COMPREHENSIVE PROGRAM; TO REQUIRE RECOGNITION OF DYSLEXIA AS A LEARNING DISABILITY BY SCHOOLS UNDER THE AUTHORITY OF THE STATE DEPARTMENT OF EDUCATION; TO REQUIRE THE RECOGNITION OF DIAGNOSTIC STUDENT ACADEMIC EVALUATIONS ADMINISTERED BY BOTH PUBLIC AND PRIVATE LICENSED DIAGNOSTICIANS; TO REQUIRE THAT STUDENTS WITH A DIAGNOSIS OF DYSLEXIA BE PROVIDED AN INDIVIDUAL EDUCATIONAL PLAN FOR RECEIVING APPROPRIATE INTERVENTION SERVICES; TO REQUIRE THE DEPARTMENT OF EDUCATION TO SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE SUMMARIZING STUDENT PERFORMANCE, STUDENT ASSESSMENTS, FUNDING AND ANY RECOMMENDED CHANGES; TO PRESCRIBE APPROPRIATE DYSLEXIA QUALIFICATIONS FOR ADMINISTRATIVE AND INSTRUCTIONAL PERSONNEL; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO SERVE AS THE LOCAL EDUCATIONAL AGENCY FOR THOSE SCHOOLS; TO REQUIRE THE STATE TO PAY DIRECTLY TO THE SCHOOL ANY FEDERAL OR STATE AID ATTRIBUTABLE TO A STUDENT WITH A DISABILITY ATTENDING THE SCHOOL; TO REQUIRE THE SCHOOL TO COMPLY WITH THE ANNUAL AUDIT AND BUDGET SUBMISSION REQUIREMENTS PRESCRIBED BY LAW IN TITLE 37, MISSISSIPPI CODE OF 1972; TO AMEND SECTION 37-23-3 AND 37-23-61, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 37-23-135, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Board" means the State Board of Education.
(b) "Department" means the State Department of Education.
(c) "Dyslexia" means a specific learning disability that is neurological in origin, characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities, which typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction, and secondary consequences which may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.
(d) "Dyslexia therapy" means an appropriate specialized dyslexia instructional program that is Orton-Gillingham based, scientific, research-based, and is offered in a small group setting to teach students the components of reading instruction which include:
(i) Phonemic awareness to enable students to detect, segment, blend and manipulate sounds in spoken language;
(ii) Graphophonemic knowledge (phonics) for teaching the letter-sound plan of English;
(iii) The entire structure of the English language that encompasses morphology, semantics, syntax and pragmatics;
(iv) Linguistic instruction directed toward proficiency and fluency with the patterns of language so that words and sentences are carriers of meaning; and
(v) Strategies that students use for decoding, encoding, word recognition, fluency and comprehension.
These components shall be taught using instructional approaches that include explicit, direct instruction which is systematic, sequential and cumulative, following a logical plan of presenting the alphabetic principle commensurate with the students' needs, with no assumption of prior skills or language knowledge; individualized to meet the specific learning needs of each individual student in a small group setting; intensive, highly concentrated instruction that maximizes student engagement and uses specialized methods and materials; meaning-based instruction directed toward purposeful reading and writing, with an emphasis on comprehension and composition; and multisensory instruction that incorporates the simultaneous use of two (2) or more sensory pathways during teacher presentations and student practice.
(e) "Dyslexia therapist" means a professional who has received training in a department approved Orton-Gillingham based therapy training program attaining an AA license in dyslexia therapy or a professional participating in a state approved Orton-Gillingham based therapy training program to attain a AA license in dyslexia therapy.
(f) "Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program" means a scholarship to provide the option to attend a public school other than the one to which assigned, or to provide a scholarship to a nonpublic school of choice, for students in Grade 1 through Grade 6 diagnosed with dyslexia in order to receive comprehensive multisensory Orton-Gillingham based dyslexia therapy delivered by holders of an appropriate license in dyslexia therapy issued by the department.
(g) "School" means any public or nonpublic school that provides a specific learning environment that provides comprehensive Orton-Gillingham based dyslexia therapy instruction delivered by dyslexia therapists licensed by the department providing highly qualified education and intervention services to children diagnosed with the primary learning disability of dyslexia.
SECTION 2. The Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program is established to provide the option to attend a public school other than the one to which assigned, or to provide a scholarship to a nonpublic school of choice, for students with dyslexia for whom an individual education plan has been written in accordance with rules of the State Board of Education as required under Section 5 of this act. Students in Grades 1-6 who have been properly screened and diagnosed with dyslexia or related disorders shall be eligible to receive scholarship assistance under this program.
SECTION 3. (1) Parents may exercise the option to remove their child from a traditional public school setting to be enrolled in a public or nonpublic school which meets the standards for appropriate specific instruction designed to meet the unique learning needs of young dyslexic students. The objectives of such school shall be:
(a) To provide a specialized learning environment that provides comprehensive Orton-Gillingham based dyslexia therapy instruction delivered by a department licensed dyslexia therapist trained in an approved curriculum by the Mississippi Department of Education to develop the full learning potential of children diagnosed with the primary specific learning disability of dyslexia;
(b) To emphasize the importance of early intervention; and
(c) To provide intensive high-quality instruction of students in reading, spelling, writing, language arts, phonological awareness and fluency training, but shall not preclude instruction in mathematics, social studies, science, art, music and physical education based on the curriculum requirements of the State Department of Education.
(2) The parent of a public school student with dyslexia who is dissatisfied with the student's progress may request and receive from the state a Mississippi Dyslexia Therapy Scholarship for the child to enroll in and attend a nonpublic school in accordance with this section if:
(a) The student has spent the previous school year in attendance at a Mississippi public school or any other nonpublic school in the state that emphasizes instruction in speech or language disorders. However, a dependent child of a member of the United States Armed Forces who transfers to a school in this state from out of state or from a foreign country under a parent's permanent change of station orders is exempt from this paragraph but must meet all other eligibility requirements to participate in the program; or
(b) The parent has obtained acceptance for admission of the student to a nonpublic school that is eligible for the program under Section 10 of this act and has requested from the department a scholarship within thirty (30) days before the date of the first scholarship payment. The request must be through a communication directly to the department in a manner that creates a written or electronic record of the request and the date of receipt of the request. The Department of Education must notify the district of the parent's intent upon receipt of the parent's request.
SECTION 4. (1) A student is not eligible for a Mississippi Dyslexia Therapy Scholarship while he or she is:
(a) Enrolled in a school operating for the purpose of providing educational services to youth in Department of Juvenile Justice commitment programs;
(b) Participating in a home-school education program;
(c) Participating in a virtual school, correspondence school, or distance learning program that receives state funding under the student's participation unless the participation is limited to no more than two (2) courses per school year;
(d) Enrolled in the Mississippi School for the Deaf and the Blind; or
(e) Not having regular and direct contact with his or her private school teachers at the school's physical location.
(2) (a) For purposes of continuity of educational choice, a Mississippi Dyslexia Therapy Scholarship shall remain in force until the student returns to a public school or completes Grade 6, whichever occurs first.
(b) Upon reasonable notice to the department and the school district, the student's parent may remove the student from the nonpublic school and place the student in a public school in accordance with this section.
(c) Upon reasonable notice to the department, the student's parent may move the student from one (1) participating nonpublic school to another participating private school.
SECTION 5. (1) (a) By April 1 of each year and within ten (10) days after an individual education plan (IEP) meeting, a school district shall notify the parent of the student of all options available under this section, inform the parent of the availability of the department's telephone hotline and Internet website for additional information on Mississippi Dyslexia Therapy Scholarships and offer that student's parent an opportunity to enroll the student in another public or nonpublic school within the district.
(b) The parent is not required to accept the offer of enrolling in another public school in lieu of requesting a Mississippi Dyslexia Therapy Scholarship to a nonpublic school. However, if the parent chooses the public school option, the student may continue attending a public school chosen by the parent until the student completes Grade 6.
(c) If the parent chooses a public school within the district, the school district shall provide transportation to the public school selected by the parent. However, if the parent chooses a public school in an adjacent district, the parent is responsible to provide transportation to that public school of choice.
(2) (a) Each appropriate educational entity shall provide for the development of an IEP or 504 Plan for each dyslexic student eligible for educational services or equipment, or both, under Sections 37-23-1 through 37-23-157. In developing the written IEP or 504 Plan for each dyslexic student, there shall be a presumption that proficiency in speech, reading and writing are essential for the student to achieve satisfactory educational progress. The assessment required for each student shall be conducted by a licensed dyslexia therapist and shall include, at a minimum, an alphabetic-phonological screening, or if necessary in the determination of the IEP Committee, a comprehensive evaluation using an Orton-Gillingham researched based approach. The assessment shall include a statement of the student's strengths and deficits.
(b) For a student with dyslexia who does not have an IEP, the school district must complete an IEP that assigns the student to a specific level of service.
(c) (i) Within ten (10) school days after it receives notification of a parent's request for a Mississippi Dyslexia Therapy Scholarship, a school district must notify the student's parent if the individual education plan has not been completed and inform the parent that the district is required to complete the IEP within thirty (30) days after receiving notice of the parent's request for a Mississippi Dyslexia Therapy Scholarship. This notice should include the required completion date for the IEP.
(ii) The school district must complete the individual education plan for any student who is participating in the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program and must notify the department of the student's IEP level within thirty (30) days after receiving notification of a request to participate in the scholarship program. The school district must provide the student's parent with the student's IEP level within ten (10) school days after its completion.
(iii) The department shall notify the nonpublic school of the amount of the scholarship within ten (10) days after receiving the school district's notification of the student's IEP.
(iv) A school district may change an IEP only if the change is to correct a technical, typographical, or calculation error.
(3) A school district shall provide notification to parents of the availability of a reevaluation every year of each student who receives a Mississippi Dyslexia Therapy Scholarship.
(4) If the parent chooses the nonpublic school option and the student is accepted by the nonpublic school pending the availability of a space for the student, the parent of the student must notify the department thirty (30) days before the first scholarship payment and before entering the nonpublic school in order to be eligible for the scholarship when a space becomes available for the student in the nonpublic school.
(5) The parent of a student may choose, as an alternative, to enroll the student in and transport the student to a public school in an adjacent school district which has available space and has a program with dyslexia services that provide daily dyslexia therapy sessions delivered by a department licensed dyslexia therapist, and that school district shall accept the student and report the student for purposes of the district's funding under the Mississippi Adequate Education Program.
(6) For a student who participates in the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program whose parent requests that the student take the statewide assessments, the local school district in which the student attends nonpublic school shall provide locations and times for the student to take all statewide assessments as requested by the parent.
SECTION 6. A parent who applies for a Mississippi Dyslexia Therapy Scholarship is exercising his or her parental option to place his or her child in a nonpublic school. Each participating parent and student shall adhere to the following:
(a) The parent must select the nonpublic school and apply for the admission of his or her child;
(b) The parent must have requested the scholarship at least thirty (30) days before the date of the first scholarship payment;
(c) Any student participating in the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program must remain in attendance throughout the school year unless excused by the school for illness or other good cause;
(d) Each parent and each student has an obligation to the nonpublic school to comply with the private school's published policies;
(e) If the parent requests that the student participating in the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program take all statewide assessments, the parent is responsible for transporting the student to the assessment site designated by the school district; and
(f) Upon receipt of a scholarship warrant, the parent to whom the warrant is made must restrictively endorse the warrant to the nonpublic school for deposit into the account of the nonpublic school. The parent may not designate any entity or individual associated with the participating nonpublic school as the parent's attorney in fact to endorse a scholarship warrant. A participant who fails to comply with this paragraph forfeits the scholarship.
SECTION 7. (1) (a) The maximum scholarship granted for an eligible student with dyslexia or related disorders shall be a calculated amount equivalent to the base student allocation in the Mississippi Adequate Education Program multiplied by the appropriate cost factor for the educational program that would have been provided for the student in the district school to which he or she was assigned, multiplied by the district cost differential.
(b) In addition, a share of the guaranteed allocation for exceptional students shall be determined and added to the calculated amount. The calculation shall be based on the methodology and the data used to calculate the guaranteed allocation for exceptional students for each district. The calculation shall be based on the student's grade, IEP level of services, and the difference between the 2011-2012 basic program and the appropriate level of services cost factor, multiplied by the 2011-2012 base student allocation and the 2011-2012 district cost differential for the sending district. Also, the calculated amount shall include the per-student share of supplemental academic instruction funds, instructional materials funds, technology funds, and other categorical funds.
(2) The amount of the Mississippi Dyslexia Therapy Scholarship shall be the calculated amount or the amount of the nonpublic school's tuition and fees, whichever is less. The amount of any assessment fee required by the participating nonpublic school may be paid from the total amount of the scholarship.
(3) (a) The school district shall report all students who are attending a nonpublic school under this program. The students with dyslexia attending nonpublic schools on Mississippi Dyslexia Therapy Scholarships shall be reported separately from other students reported for purposes of the Mississippi Adequate Education Program.
(b) Following notification on July 1, September 1, December 1, or February 1 of the number of program participants, the department shall transfer, from general revenue funds only, the amount calculated under subsection (1)(b) from the school district's total funding entitlement under the Mississippi Adequate Education Program and from authorized categorical accounts to a separate account for the scholarship program for quarterly disbursement to the parents of participating students. Funds may not be transferred from any funding provided to the Mississippi School for the Deaf and the Blind for program participants who are eligible under Section 3 of this act. When a student enters the scholarship program, the department must receive all documentation required for the student's participation, including the nonpublic school's and student's fee schedules, at least thirty (30) days before the first quarterly scholarship payment is made for the student.
(c) Upon notification by the department that it has received the documentation required under paragraph (b), the department shall make scholarship payments in four (4) equal amounts no later than September 1, November 1, February 1, and April 1 of each academic year in which the scholarship is in force. The initial payment shall be made after department verification of admission acceptance, and subsequent payments shall be made upon verification of continued enrollment and attendance at the nonpublic school. Payment must be by individual warrant made payable to the student's parent and mailed by the department to the nonpublic school of the parent's choice, and the parent shall restrictively endorse the warrant to the nonpublic school for deposit into the account of the nonpublic school.
(d) After each scholarship payment, the department shall request from the State Treasury a sample of endorsed warrants to review and confirm compliance with endorsement requirements.
SECTION 8. (1) Each school or local school board that desires to provide instruction to children with dyslexia which aligns its curriculum with the requirements of this act, shall develop a plan for the operation and funding of its curriculum to be presented to the Legislature during the 2013 Regular Session. The school shall include an equitable and reasonable plan for screening all compulsory-school-age children for dyslexia during the period between the second semester of kindergarten and the second semester of Grade 1. The plan shall require every local public school district to screen all compulsory-school-age children enrolled in its school district for dyslexia not later than the end of the first semester of a child's enrollment in Grade 1, except that the child's parent or guardian objects to the tests on grounds that such testing conflicts with his or her conscientiously held religious beliefs.
(b) The screening of all compulsory-school-age children enrolled in each local public school district for dyslexia required by subsection (1)(a) of this section shall in no manner nullify or defeat the requirements of the pilot programs adopted by the State Department of Education to test certain students enrolled or enrolling in public schools for dyslexia under Section 37-23-15.
(2) The board may enter into agreements with local public school districts to authorize students enrolled in those school districts who have been identified or diagnosed with dyslexia to be qualified for eligibility for the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program.
SECTION 9. (1) (a) Students enrolled in or enrolling in the public schools of this state shall be screened for dyslexia at the appropriate times. The appropriate time shall be the period of time between a compulsory-school-age child's second semester of kindergarten and the end of the second semester of Grade 1. If no signs of dyslexia are identified during the initial screening assessment, the appropriate time for additional screening or evaluation of students in Grades 1-3 become dependent upon multiple factors including the student's reading performance, reading difficulties, poor response to supplemental, scientifically based reading instruction, teachers' input and input from the parents or guardians.
(b) Screening shall consist of a teacher and parental checklist which complies with the 2010 Mississippi Best Practices Dyslexia Handbook Appendix Act, followed by the individual administration of an appropriate alphabetic-phonological screening tool, such as Dibels, or another approved screening tool by a trained professional.
(c) Teachers of students in kindergarten through Grade 3 shall be required to receive training in the recognition of symptoms of dyslexia, the administration of an alphabetic-phonological screening tool and the identification of "at-risk" students.
(d) "At-risk" students shall be recommended for dyslexia testing and tested within three (3) months of a teacher's or parent's recommendation for testing.
(2) Before any screening is performed to assess a student for dyslexia, the following procedures must be adhered to:
(a) Notify parents or guardians of proposal to assess the student for dyslexia, in accordance with Section 504 of the Rehabilitation Act of 1973;
(b) Inform parents or guardians of their rights under Section 504 of the Rehabilitation Act of 1973;
(c) Obtain permission from the parent or guardian to assess the student for dyslexia; and
(d) Assess the student through an independent comprehensive evaluation or comprehensive school evaluation, being certain that the diagnostic team is composed of a psychometrist or school psychologist and a speech-language pathologist trained in the evaluation of students for dyslexia and related learning disabilities. The diagnostic team may also include a licensed dyslexia therapist. However, in order to determine diagnosis, the assessment must measure a student's cognitive ability, individual achievement level, oral reading skills, phonological processing skills and receptive and expressive language, while taking into consideration the student's family, medical and academic histories and any learning disabilities.
(e) Evaluations administered by both qualified private and public diagnosticians shall be recognized by the school districts. The diagnosis of dyslexia must be made based on the appropriate battery of tests, the student's academic performance, and the student's family history of reading difficulties, and not based on just one (1) specific test score or discrepancy model, and shall include the following skill areas:
(i) Oral language;
(ii) Phonological processing skills which include:
1. Phonological awareness, with an emphasis on phonemic awareness;
2. Phonological memory; and
3. Rapid automatic naming;
(iii) Letter knowledge (naming and writing letters in alphabetic order/recognizing and naming letters presented in random order);
(iv) Reading words in isolation;
(v) Reading comprehension;
(vi) Decoding and pseudo-decoding skills;
(vii) Spelling; and
(viii) Fluency rate and accuracy.
(3) The tests, assessments and other evaluation materials must meet the requirements of Section 504 of the Rehabilitation Act of 1973 as follows:
(a) Be validated for the specific purpose for which the test, assessments and other evaluation materials are used as;
(b) Include material tailored to assess specific areas of educational need and not merely materials that are designed to provide a single general intelligence quotient;
(c) Be selected and administered so as to ensure that, when a test is given to a student with impaired sensory, manual or speaking skills, the test results accurately reflect the student's aptitude or achievement level, or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills;
(d) Include multiple measures of a student's reading abilities such as informal assessment information (e.g., anecdotal records, lists of books the student has read, audio recordings of the student's oral reading);
(e) Be administered by department licensed professionals and in conformance with the instructions provided by the producer of the evaluation materials; and
(f) Students diagnosed with dyslexia must be allowed appropriate accommodations and be provided a 504 Plan detailing appropriate classroom accommodations in a manner consistent with the 2010 Mississippi Best Practices Dyslexia Handbook.
SECTION 10. (1) To be eligible to participate in the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program, a nonpublic school may be sectarian or nonsectarian and must:
(a) Provide to the department all documentation required for a student's participation, including the nonpublic school's and student's fee schedules, at least thirty (30) days before the first quarterly scholarship payment is made for the student.
(b) Be academically accountable to the parent for meeting the educational needs of the student by:
(i) At a minimum, annually providing to the parent a written explanation of the student's progress; and
(ii) Cooperating with the scholarship student whose parent chooses to participate in the statewide assessments; and
(c) Maintain in this state a physical location where a scholarship student regularly attends classes.
(2) The inability of a nonpublic school to meet the requirements of this subsection shall constitute a basis for the ineligibility of the nonpublic school to participate in the scholarship program as determined by the department.
SECTION 11. (1) (a) The performance provisions of the school's curriculum design shall be based on a performance framework consistent with the Mississippi Curriculum Framework that clearly sets forth the academic and operational performance indicators, measures and metrics that will guide the State Board of Education's evaluations of the school. The performance framework shall include indicators, measures and metrics, at a minimum, for the following:
(i) Student academic proficiency;
(ii) Student academic growth;
(iii) Achievement gaps in both proficiency and growth between major student subgroups;
(iv) Attendance;
(v) Recurrent enrollment from year to year;
(vi) Financial performance and sustainability; and
(vii) School performance, including compliance with all applicable laws and regulations.
(b) The school's curriculum must provide appropriate specialized dyslexia instruction offered in a small group setting to teach students the components of reading instruction which include:
(i) Phonemic awareness to enable students to detect, segment, blend, and manipulate sounds in spoken language;
(ii) Graphophonemic knowledge (phonics) for teaching the letter-sound plan of English;
(iii) The entire structure of the English language that encompasses morphology, semantics, syntax, and pragmatics;
(iv) Linguistic instruction directed toward proficiency and fluency with the patterns of language so that words and sentences are carriers of meaning; and
(v) Strategies that students use for decoding, encoding, word recognition, fluency, and comprehension.
These components shall be taught using instructional approaches that include explicit, direct instruction which is systematic, sequential and cumulative, following a logical plan of presenting the alphabetic principle commensurate with the students' needs, with no assumption of prior skills or language knowledge; individualized to meet the specific learning needs of each individual student in a small group setting; intensive, highly concentrated instruction that maximizes student engagement and uses specialized methods and materials; meaning-based instruction directed toward purposeful reading and writing, with an emphasis on comprehension and composition; and multisensory instruction that incorporates the simultaneous use of two (2) or more sensory pathways during teacher presentations and student practice.
(c) The instruction required in paragraph (b) shall be delivered daily by department licensed dyslexia therapists, which may include those in training in a state-approved dyslexia therapy graduate program working toward obtaining licensure as a dyslexia therapist.
(d) The school's language arts curriculum must be designed to integrate and reinforce Orton-Gillingham based dyslexia therapy skills and instructed by dyslexia therapists licensed by the department, licensed elementary or special education teachers who have received additional Orton-Gillingham based training and are under the supervision of a department licensed dyslexia therapist.
(e) Annual performance targets shall be established and shall be designed to help schools meet applicable federal, state and board expectations. These performance targets must include a requirement that schools not fail to comply with federal school accountability requirements.
(f) The performance framework shall allow the inclusion of additional rigorous, valid, and reliable indicators to augment external evaluations of its performance.
(g) The performance framework shall require the desegregation of all student performance data by major student subgroups (gender, race, poverty status, special education status, English Learner status and gifted status).
(h) Each school shall be responsible for collecting, analyzing and reporting all data from state assessments in accordance with the performance framework.
(2) (a) The board shall continually monitor the performance and legal compliance of schools, including collecting and analyzing data to support ongoing evaluation. The board shall have the authority to conduct or require oversight activities that enable the board to fulfill its responsibilities under this act, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this act, and do not unduly inhibit the autonomy granted to each school.
(b) If the school's performance or legal compliance appears unsatisfactory, the board shall promptly notify the school of the perceived problem and provide reasonable opportunity for the school to remedy the problem and, upon request, provide technical assistance.
(c) The board shall have the authority to take appropriate corrective actions or exercise sanctions in response to deficiencies in the school's performance or legal compliance. These actions or sanctions may include, if warranted, requiring the school to develop and execute a corrective action plan within a specified time frame.
(3) On or before September 30 of each year, the board shall issue to the Governor, the Legislature, and the public at large, an annual report that shall include a comparison of the performance of each school's dyslexic students with the performance of academically, ethnically and economically comparable groups of dyslexic students in traditional public schools. In addition, the annual report shall include the State Board of Education's assessment of the successes, challenges and areas for improvement in meeting the purposes of this act and any recommended changes to state law or policy necessary to strengthen the program.
SECTION 12. The department shall:
(a) Establish a handbook for school districts providing guidelines for student participation and a toll-free hotline that provides parents and nonpublic schools with information on participation in the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program;
(b) Annually verify the eligibility of nonpublic schools;
(c) Establish a process by which individuals may notify the department of any violation by a parent, nonpublic school, or school district of state laws relating to program participation. The department shall conduct an inquiry of any written complaint of a violation of this section, or make a referral to the appropriate agency for an investigation, if the complaint is signed by the complainant and is legally sufficient. A complaint is legally sufficient if it contains ultimate facts that show that a violation of this section or any rule adopted by the State Board of Education has occurred. In order to determine legal sufficiency, the department may require supporting information or documentation from the complainant;
(d) Require an annual, notarized, sworn compliance statement by participating nonpublic schools certifying compliance with state laws and shall retain such records;
(e) Cross-check the list of participating scholarship students with the public school enrollment lists before each scholarship payment to avoid duplication; and
(f) (i) Conduct random site visits to nonpublic schools participating in the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program. The purpose of the site visits is solely to verify the information reported by the schools concerning the enrollment and attendance of students, the credentials of teachers, background screening of teachers, and teachers' fingerprinting results, which information is required by rules of the State Board of Education, Section 10 of this act, and Sections 37-3-2 and 37-9-17. The Department of Education may not make more than three (3) random site visits each year and may not make more than one (1) random site visit each year to the same nonpublic school; and
(ii) Annually, by December 15, report to the Governor, the President of the Senate, and the Speaker of the House of Representatives the Department of Education's actions with respect to implementing accountability in the scholarship program under this section, any substantiated allegations or violations of law or rule by an eligible nonpublic school under this program concerning the enrollment and attendance of students, the credentials of teachers, background screening of teachers, and teachers' fingerprinting results and the corrective action taken by the Department of Education.
SECTION 13. (1) The State Board of Education in conjunction with each nonpublic school and local school board operating under the provisions of this act, may:
(a) Extend the school day or length of the scholastic year;
(b) Develop and establish a curriculum that is consistent with the Mississippi Curriculum Framework in the subject areas of mathematics, social studies, science, music, art and physical education; and
(c) Select, purchase and use textbooks, literature and other instructional materials that would improve educational attainment by students in the school, subject to the approval of the board.
(2) The qualified personnel to facilitate the educational process of learning and instruction for children with dyslexia who attend the schools shall consist of the following:
(a) An administrator or director with additional training in the characteristics of dyslexia and appropriate Orton-Gillingham based methodologies;
(b) A dyslexic therapist licensed by the department in dyslexia therapy;
(c) Dyslexia therapists in training participating in a department approved dyslexia therapy graduate of Orton-Gillingham based supervised internship program; and
(d) Licensed elementary teachers with additional training in Orton-Gillingham based methodology under the supervision of a state department licensed dyslexia therapist.
The qualified personnel to administer testing and evaluate for dyslexia in a public or nonpublic school shall consist of the following:
(i) A psychometrist with additional training in the diagnosis of dyslexia and associated disorders; and
(ii) Speech-language pathologists with additional training in the diagnosis of dyslexia.
SECTION 14. Teachers and other school personnel shall be subject to criminal history record checks and fingerprinting requirements applicable to other public schools under Section 37-9-17(2) and (3).
SECTION 15. (1) Each school providing instruction to children with dyslexia shall certify to the State Department of Education its student enrollment in the same manner as local school districts.
(2) The department shall direct the proportionate share of monies generated under federal and state categorical aid programs to the participating school for serving students eligible for the aid. The state shall ensure that each school is treated equitably in the calculation and disbursement of all federal and state categorical aid program dollars. Each school participating in the scholarship program shall comply with all reporting requirements to receive the aid.
(3) (a) Each school shall adhere to generally accepted accounting principles as promulgated by nationally recognized professional organizations.
(b) Each school shall have its financial records audited annually, at the end of each fiscal year, either by the State Auditor and shall file a copy of each audit report and accompanying management letter with the board by July 30.
(4) Nothing in this act shall be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of any school authorized under this act, except religious or sectarian organizations. The State Board of Education, acting on behalf of the participating schools, is authorized to accept gifts, donations, and grants of any kind made to a participating school and to expend or use such gifts, donations, and grants in accordance with the conditions prescribed by the donor; however, no gift, donation, or grant may be accepted if subject to a condition that is contrary to any provision of state law or board rule.
SECTION 16. No liability shall arise on the part of the state based on the award or use of a Mississippi Dyslexia Therapy Scholarship.
SECTION 17. The inclusion of eligible nonpublic schools within options available to Mississippi public school students does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of nonpublic schools beyond those reasonably necessary to enforce requirements expressly set forth in this section.
SECTION 18. The State Board of Education shall adopt rules to administer this section, including rules that school districts must use to expedite the development of an individual education plan based on an active individual education plan from another state or a foreign country for a transferring student with dyslexia or a related disorder who is a dependent child of a member of the United States Armed Forces. The rules must identify the appropriate school district personnel who must complete the individual education plan. For purposes of these rules, a transferring student with dyslexia is one who was previously enrolled as a student with dyslexia in an out-of-state or an out-of-country public or nonpublic school or agency program and who is transferring from out of state or from a foreign country under a parent's permanent change of station orders.
SECTION 19. Section 37-23-3, Mississippi Code of 1972, is amended as follows:
37-23-3. (1) An exceptional child shall be defined as any child as herein defined, in the age range birth through twenty (20) years of age with an intellectual disability, hearing impairments (including deafness), speech or language impairments (including dyslexia), visual impairments (including blindness), emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities and, by reason thereof, needs special education and related services. Such children shall be determined by competent professional persons in such disciplines as medicine, psychology, special education, speech pathology, dyslexia therapy and social work and shall be considered exceptional children for the purposes of Sections 37-23-1 through 37-23-159. Such professional persons shall be approved by the State Department of Education. The mandate for the provision of educational programs to exceptional children shall only apply to the children in the age range three (3) through twenty (20). Children who are potentially in need of special educational and related services must be considered for the services on an individual basis.
(2) During the fiscal year 1995 and fiscal year 1996, the State Department of Education shall conduct a pilot project in one or more school districts which shall test the method of providing language services described in this subsection. For purposes of this pilot project, a child with a disability as defined in the Individuals with Disabilities Education Act (IDEA) may not be denied language services because his measured cognitive functioning is equivalent to or lower than his measured functioning level in the language area. In order for language services to be provided for a child, the measured functioning level of the child in the language area must indicate a delay relative to the child's chronological age. Individual determination of a child's needs must take into consideration the need for development in the language area, the need for support for basic adaptive skills in language development and the extent to which the child's lack of ability in the language area may have interfered with academic achievement or development milestones. In the area of language development, a child's need of alternative or augmentative communication modes and the need for language development must be considered fundamental in making their determination of need for services.
(3) The State Department of Education shall report to the Education Committees of the House of Representatives and the Senate by December 1, 1995, and December 1, 1996, on the results of the pilot project described in subsection (2) of this section. Such reports shall include, but not be limited to, the project; the number and ages of the children who applied for participation and who did participate in the pilot project; and evaluation of the benefits obtained by the children who participated in the pilot project; an estimate of the number of children who would likely utilize similar services if provided on a statewide basis; and an estimate of the cost of providing such services on a statewide basis.
(4) The State Board of Education shall promulgate regulations which ensure services are provided to children as such services are defined in this chapter.
SECTION 20. Section 37-23-61, Mississippi Code of 1972, is amended as follows:
37-23-61. As used in Sections 37-23-61 through 37-23-75, the word "child" shall mean any child who cannot pursue all regular classwork due to reasons of defective hearing, vision, speech (including dyslexia), intellectual disability, or other mental or physical conditions as determined by competent medical authorities and psychologists. Those medical authorities and psychologists shall be approved by the State Department of Education.
SECTION 21. Section 37-23-135, Mississippi Code of 1972, is brought forward as follows:
37-23-135. (1) For the purposes of this section, each local educational agency is eligible for assistance under IDEA Part B for a fiscal year if, in providing for the education of children with disabilities within its jurisdiction, policies, procedures and programs are in effect that are consistent with the regulations established by the State Department of Education.
(2) The local educational agency shall have in effect policies and procedures, and programs that are consistent with the State Department of Education's policies and procedures to ensure:
(a) A free appropriate public education is available to all children with disabilities residing in the state between the ages of three (3) and twenty (20), inclusive. Educational services for children with disabilities who have been suspended or expelled from school shall be provided based on the requirements of IDEA, applicable federal regulations and state regulations;
(b) The full educational opportunity goal established by the state is implemented;
(c) All children with disabilities, who are in need of special education and related services, including children with disabilities attending private school, regardless of the severity of their disabilities, are identified, located and evaluated;
(d) An individualized education program is developed, reviewed and revised for each child with a disability;
(e) Children with disabilities are provided services within their least restrictive environment;
(f) Children with disabilities and their parents are afforded the procedural safeguards required under IDEA;
(g) Children with disabilities are evaluated as required under IDEA;
(h) The State Department of Education and local education agencies will assure the protection of the confidentiality of any personally identifiable data, information and records collected or maintained as required under IDEA and the Family Rights and Privacy Act.
(i) Children with disabilities participating in early intervention programs assisted under IDEA Part C who will participate in preschool programs assisted under IDEA Part B shall experience a smooth transition. An individualized educational program shall be developed and implemented by the child's third birthday;
(j) Children with disabilities enrolled in private schools by their parents shall be provided special education and related services to the extent required under IDEA;
(k) Children with disabilities who are placed in private schools or facilities by the local educational agency shall be provided special education and related services, in accordance with an individualized education program, at no cost to their parents;
(l) A comprehensive system of personnel development has been developed to ensure appropriately qualified personnel are available and personnel are trained in accordance with the requirements of the State Department of Education and IDEA;
(m) Personnel providing educational services to children with disabilities meet the personnel standards of the State Department of Education;
(n) The performance goals and indicators shall be implemented as established by the State Board of Education; and
(o) Children with disabilities are included in statewide and district-wide assessment programs, with appropriate accommodations, in accordance with regulations established by the State Board of Education.
(3) The local educational agency shall make available to parents of children with disabilities and to the general public all documents relating to the agency's eligibility under IDEA.
(4) If the State Department of Education determines that a local educational agency is not eligible to receive federal funds due to compliance violations not being resolved within a specified timeline, the local educational agency shall be notified of that determination and shall be provided with reasonable notice and an opportunity for a hearing. The local educational agency in receipt of such notice shall, by means of public notice, take such measures as may be necessary to bring the pendency of an action to withhold funds to the attention of the public within the jurisdiction of such agency.
(5) The State Department of Education, after reasonable notice and an opportunity for a hearing, shall reduce or shall not provide any further payments to the local educational agency until the department is satisfied that the violations have been corrected.
SECTION 22. This act shall take effect and be in force from and after July 1, 2012.