MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Education

By: Representatives Martinson, Arnold, Boyd, Brown (20th), Busby, Carpenter, Chism, Currie, Formby, Haney, McLeod, Monsour, Moore, Staples, Taylor, Crawford, Dixon, Young

House Bill 955

(COMMITTEE SUBSTITUTE)

AN ACT TO ESTABLISH THE "READING PROFICIENCY PROGRAM" TO IMPROVE KINDERGARTEN AND FIRST THROUGH THIRD GRADE PUBLIC SCHOOL STUDENTS' READING SKILLS SO THAT EVERY STUDENT COMPLETING THIRD GRADE READS AT OR ABOVE GRADE LEVEL; TO REQUIRE SCHOOL DISTRICTS TO PROVIDE INTENSIVE READING INSTRUCTION AND INTERVENTION TO STUDENTS EXHIBITING A SUBSTANTIAL DEFICIENCY IN READING IN KINDERGARTEN AND GRADES 1 THROUGH 3; TO PROHIBIT THE PROMOTION OF STUDENTS WHOSE READING DEFICIENCY IS NOT REMEDIED BEFORE THE END OF THIRD GRADE; TO REQUIRE NOTICE TO BE GIVEN TO PARENTS OF KINDERGARTEN AND FIRST THROUGH THIRD GRADE STUDENTS EXHIBITING A READING DEFICIENCY; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ESTABLISH THE MISSISSIPPI READING PANEL TO DETERMINE APPROPRIATE ALTERNATIVE ASSESSMENTS AND EVALUATIONS; TO PROHIBIT THE PROMOTION OF PUBLIC SCHOOL STUDENTS BASED SOLELY ON A STUDENT'S AGE OR OTHER SOCIAL PROMOTION FACTORS; TO ESTABLISH GOOD CAUSE EXEMPTIONS FOR PROMOTION FOR THIRD GRADE STUDENTS FAILING TO MEET ACADEMIC REQUIREMENTS FOR PROMOTION; TO PROVIDE FOR MAKE-UP TESTING OPPORTUNITIES IN THIRD GRADE READING; TO SPECIFY CERTAIN ACTIONS SCHOOL DISTRICTS MUST TAKE IN IMPLEMENTING THE READING PROFICIENCY PROGRAM IN KINDERGARTEN AND GRADES 1 THROUGH 3; TO REQUIRE SCHOOL BOARDS TO SUBMIT ANNUAL REPORTS TO PARENTS ON THEIR RESPECTIVE STUDENT'S PROGRESS IN SCHOOL; TO REQUIRE SCHOOL BOARDS TO PUBLISH DATA REFLECTING STUDENT PROGRESSION AND PERFORMANCE IN A LOCAL NEWSPAPER; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT POLICIES NECESSARY FOR THE IMPLEMENTATION OF THE PROGRAM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  There is established a program to be known as the "Reading Proficiency Program," the purpose of which is to improve the reading skills of kindergarten and first through third grade students enrolled in public schools so that every student completing the third grade is able to read at or above grade level.  It is the intent of the Legislature, in establishing this program, to ensure that:  each kindergarten and first through third grade student's progression is determined, in part, upon the student's proficiency in reading; the policies of local school boards facilitate this proficiency; and each student and the student's parent or legal guardian is informed of the student's academic progress.

     (2)  Each public school student who exhibits a substantial deficiency in reading, as determined by the state adopted universal screening tool administered in kindergarten and first through third grade, or through statewide assessments conducted in third grade, must be given intensive reading instruction and tiered intervention immediately following the identification of the substantial reading deficiency.  The State Department of Education shall establish what score on the universal screening tool and statewide assessments constitutes a substantial deficiency. 

     (3)  At the beginning of the grade following the school year during which a student is given intensive reading instruction and tiered intervention, the reading proficiency of a student in first, second or third grade must be reassessed by the state adopted universal screening tool.  If it is determined that the student continues to have a reading deficiency, the student must be provided with intensive reading instruction and tiered intervention by the school district until the reading deficiency is remedied.

     (4)  Beginning in the 2014-2015 school year, if a student's reading deficiency is not remedied by the end of the student's third grade year, as demonstrated by the student exhibiting a substantial deficiency on the state adopted assessment tool in reading for third grade, the student may not be promoted to fourth grade.

     SECTION 2.  Immediately upon the determination of a deficiency and at least three (3) times annually until the deficiency is remediated, the parent or legal guardian of a kindergarten or first, second or third grade student who exhibits a substantial deficiency in reading must be notified in writing of the following:

          (a)  That the student has been identified as having a substantial deficiency in reading;

          (b)  A description of the services that the school district currently is providing to the student;

          (c)  A description of the proposed supplemental instructional services and supports that are designed to remediate the identified area of reading deficiency which the school district plans to provide the student;

          (d)  That if the student's reading deficiency is not remediated before the end of the student's third grade year, the student will not be promoted to fourth grade unless a good cause exemption specified under Section 5 of this act is met;

          (e)  Strategies for parents and guardians to use in helping the student to succeed in reading proficiency; and

          (f)  That while the state adopted assessment tool for reading in third grade is the initial determinant, the assessment is not the sole determiner and that alternative evaluations and assessments are available.

     SECTION 3.  The State Department of Education shall establish the Mississippi Reading Panel to determine appropriate alternative evaluations and assessments used to determine promotion to the fourth grade of those third grade students exhibiting a deficiency in reading.  The panel must consist of a chairperson appointed by the Governor and six (6) additional members appointed as follows:

          (a)  One (1) additional member appointed by the Governor;

          (b)  One (1) member appointed by the Lieutenant Governor;

          (c)  One (1) member appointed by the chair of the Education Committee of the House of Representatives;

          (d)  One (1) member appointed by the chair of the Education Committee of the Senate; and

          (e)  Two (2) members appointed by the State Superintendent of Public Education.

     Each appointee must possess expertise in reading research with an emphasis on reading in kindergarten through third grade.

     SECTION 4.  A public school student may not be assigned a grade level based solely on the student's age or any other factors that constitute social promotion.

     SECTION 5.  (1)  A third grade student who does not meet the academic requirements for promotion to the fourth grade may be promoted by the school district only for good cause.  Good cause exemptions for promotion are limited to the following third grade students:

          (a)  Limited English proficient students who have had less than two (2) years of instruction in an English Language Learner program;

          (b)  Students with disabilities whose individual education plan (IEP) indicates that participation in the statewide accountability assessment program is not appropriate, as authorized under state law;

          (c)  Students with a disability who participate in the state annual accountability assessment and who have an IEP or a Section 504 plan that reflects that the individual student has received intensive remediation in reading for more than two (2) years but still demonstrates a deficiency in reading and previously was retained in kindergarten or first, second or third grade;

          (d)  Students who demonstrate an acceptable level of performance on the alternate standardized reading assessment approved by the Mississippi Reading Panel;

          (e)  Students who demonstrate, through alternative evaluations or assessments approved by the Reading Panel, that the individual student is reading on grade level, as evidenced by demonstration of the mastery of the state standards beyond the retention level; and

          (f)  Students who have received intensive remediation in reading for two (2) or more years but still demonstrate a deficiency in reading and who previously were retained in kindergarten or first, second or third grade for a total of two (2) years.  In fourth through eighth grade, or until a student meets proficiency standards determined by the Reading Panel, intensive reading instruction for each student promoted under this paragraph must include altered instruction informed by specialized diagnostic information and delivered through specific reading strategies for that student.  The school district shall assist schools and teachers in implementing reading strategies that research has shown to be successful in improving reading among low-performing readers.

     (2)  A third grade student who does not participate in the scheduled state adopted assessment tool in reading must be given an opportunity to take the assessment during the summer immediately following third grade.

     (3)  A request to exempt a third grade student from the academic requirements established for promotion to the next succeeding grade must be made consistent with the following:

          (a)  Documentation must be submitted from the student's teacher to the school principal which indicates that the promotion of the student is appropriate and is based upon the student's record.  The documentation must consist of the existing progress monitoring plan, IEP (if applicable), report card and alternative evaluations or assessments.

          (b)  The principal shall review and discuss the recommendations with the teacher and the student's parents and make a determination as to whether or not the student should be promoted.  If the principal determines, based on the documentation provided, that the student should be promoted, the principal must make the recommendation in writing to the school district superintendent, who, in writing, may accept or reject the principal's recommendation.  Any promotion made in violation of this act constitutes an accreditation violation.  The parents of any student promoted may choose for the student to be retained for one (1) year, even if the principal and school district superintendent determine otherwise.

     SECTION 6.  A kindergarten or first, second or third grade student not promoted to the next succeeding grade level must be provided intensive interventions in reading to ameliorate the student's specific reading deficiency, as identified by the state adopted universal screening tool.  The intensive intervention must include effective instructional strategies, participation in any summer reading camp made available by the school district, and appropriate teaching methodologies necessary to assist the student in becoming a successful reader, able to read at or above grade level, and ready for promotion to the next grade level.

     SECTION 7.  Beginning in the 2014-2015 school year, each school district shall take the following actions in implementing the Reading Proficiency Program in kindergarten and

Grades 1 through 3:

          (a)  Provide kindergarten and first through third grade students who are not promoted with intensive instructional services, progress monitoring measures, and supports to remediate the identified areas of reading deficiency, including a minimum of ninety (90) minutes during regular school hours of daily, uninterrupted, scientifically research-based reading instruction based on evidence of proven positive student outcomes emphasizing phonemic awareness, phonics, fluency, vocabulary and comprehension, and other strategies prescribed by the school district, which may include, but are not necessarily limited to:

              (i)  Small group instruction;

              (ii)  Reduced teacher - student ratios;

              (iii)  More frequent progress monitoring;

              (iv)  Tutoring;

              (v)  Transition classes for second, third and fourth grades which provide reading instruction only;

              (vi)  Extended school day, week or year; and

              (vii)  Summer reading camps.

          (b)  Provide written notification to the parent or legal guardian of any kindergarten or first, second or third grade student who is retained that the student has not met the proficiency level required for promotion and the reasons the student is not eligible for a good cause exemption.  The notification must include a description of proposed interventions and supports that will be provided to the child to remediate the identified areas of reading deficiency.

          (c)  Provide kindergarten and first through third grade students who are retained with a high-performing teacher, as determined by student performance data and above-satisfactory performance appraisals.

          (d)  Provide parents and legal guardians of kindergarten and first through third grade students to be retained with at least one (1) of the following instructional options to be used in addition to the required reading enhancement and acceleration strategies:

              (i)  Supplemental tutoring in scientifically research-based reading services in addition to the regular reading block, including tutoring before or after school, or both;

              (ii)  A "Read at Home" plan outlined in a parental contract, including participation in parent training workshops and regular parent-guided home reading; or

              (iii)  A tutor with specialized reading instruction.

     SECTION 8.  The school board of each school district shall report annually to the parent or legal guardian of each student on the progress of the student toward achieving state and district expectations for proficiency in reading, writing, science and mathematics.  The school board also must report to the parent or legal guardian the student's results on each annual state adopted assessment.  The evaluation of each student's work must be based upon the student's classroom work, observations, tests, including the state adopted assessment or universal screening tools, district and state assessments, and other relevant information.  Progress reporting must be provided to the parent or legal guardian in writing, in a format adopted by the school board.

     SECTION 9.  (1)  Within thirty (30) days of final State Board of Education approval of state accountability results, the school board of each school district must publish, in a newspaper having a general circulation within the school district, and report to the State Board of Education the following information relating to the preceding school year:

          (a)  The provisions of this act relating to public school student progression;

          (b)  By grade, the number and percentage of all students performing at each level of competency on the reading portion of the annual state accountability system;

          (c)  By grade, the number and percentage of all students retained;

          (d)  Information on the total number and percentage of students who were promoted for good cause, by each category of good cause described in Section 5 of this act; and

          (e)  Any revisions to the school board's policy on student retention and promotion from the prior school year.

     (2)  The State Department of Education shall establish a uniform format for school districts to report the information required in subsection (1) of this section.  The format must be developed with input from school boards and must be provided no later than ninety (90) days before the annual due date of the information.  The department shall compile annually the required information, along with state-level summary information, and report the information to the Governor, Senate, House of Representatives and general public.

     SECTION 10.  The State Board of Education shall adopt such policies, rules and regulations as may be necessary for the implementation of this act.

     SECTION 11.  This act shall take effect and be in force from and after July 1, 2013.