MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Education
By: Representative Young
AN ACT TO REQUIRE LOCAL SCHOOL DISTRICTS TO ADOPT POLICIES ALLOWING INSTRUCTORS TO DETERMINE THE LEVEL OF INTENSIVE INSTRUCTION AND INTERVENTION NEEDED BY STUDENTS USING A RAW GRADING SCALE FOR EVALUATING STUDENT PERFORMANCE; TO REQUIRE EACH INSTRUCTOR TO MAINTAIN HIGH STANDARDS OF INSTRUCTION AND USE HIS OR HER EVALUATION OF EACH INDIVIDUAL STUDENT AS THE FINAL BASIS FOR ASSIGNING GRADES IN REGULAR COURSE WORK AND DAILY OR WEEKLY ASSESSMENT; TO PROTECT STUDENTS AGAINST PREJUDICED OR CAPRICIOUS ACADEMIC EVALUATION; TO PROHIBIT THE RIGID APPLICATION OF ARBITRARY PERCENTAGES IN THE ASSIGNMENT AND DISTRIBUTION OF GRADES IN ANY INSTANCE; TO PROVIDE THAT GRADE ASSIGNMENT SHALL BE BASED SOLELY ON ACHIEVEMENT OF COURSE AND GRADE LEVEL STANDARDS WITHOUT REGARD TO CLASS SIZE OR THE QUALITY OF THE CLASS GROUP; TO AMEND SECTION 37-9-69, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES AND RESPONSIBILITIES OF TEACHERS TO REQUIRE TEACHERS TO DETERMINE A STUDENT'S LEVEL OF COMPETENCE AND PROFICIENCY THROUGH THE STUDENT'S PERFORMANCE ON REGULARLY ASSIGNED COURSEWORK AND PERIODIC TESTING ASSESSMENTS BEFORE PROMOTING THE STUDENT TO THE NEXT GRADE LEVEL; TO REQUIRE THE LOCAL SCHOOL BOARD TO ADOPT A RAW GRADING SCALE FOR EVALUATING PERFORMANCE AND THE ADEQUACY OF READING SKILL LEVELS TO BE USED ALSO AS A TOOL IN THE EVALUATION OF TEACHERS' AND ADMINISTRATORS' ABILITY TO MEET STUDENT GROWTH; TO REQUIRE TEACHERS TO ADMINISTER INCREMENTAL WEEKLY OR BIWEEKLY TESTING ASSESSMENTS SUBJECT TO THE CURRICULUM ADOPTED AND THE INSTRUCTIONAL MODULES APPROVED BY THE SCHOOL BOARD; TO REQUIRE TEACHERS TO CONDUCT SCHEDULED SYSTEMATIC EVALUATIONS OF PUPILS AT EACH GRADE LEVEL USING REGULARLY ASSIGNED COURSEWORK, HOMEWORK, SPECIAL PROJECT ASSIGNMENTS, PERIODIC TESTING ASSESSMENTS AND ANY STATE STANDARDIZED ASSESSMENTS ADMINISTERED BY THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 37-9-23, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE EMPLOYMENT CONTRACT FOR LICENSED INSTRUCTIONAL STAFF PROVIDE FOR WEEKLY OR BI-WEEKLY EVALUATION PERIODS BY THE SCHOOL ADMINISTRATOR TO DETERMINE THE TEACHER LEVEL OF PERFORMANCE; TO PROVIDE THAT FAILURE OF A SCHOOL TO MEET GROWTH SHALL RESULT IN ADMINISTRATIVE SANCTIONS IMPOSED UPON TEACHERS AND ADMINISTRATORS; TO AMEND SECTION 37-3-2, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE ADMINISTRATIVE SANCTION TO BE IMPOSED UPON TEACHERS AND ADMINISTRATORS FOR FAILURE TO MEET GROWTH BASED ON CERTAIN PERCENTAGE OF STUDENTS FAILING A SET OF PERIODIC AND STANDARDIZED TESTING ASSESSMENTS WITHIN A PARTICULAR ACADEMIC PERIOD; TO BRING FORWARD SECTIONS 37-177-1, 37-177-3, 37-177-5, 37-177-7, 37-177-9, 37-177-11, 37-177-13, 37-177-15, 37-177-17, 37-177-19 AND 37-177-21, 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. (1) Each school district, with respect to the instruction, daily or weekly assessments and standardized assessments administered to students, shall adopt policies which allow the instructor to determine the level of intensive instruction and intervention needed by students under the "Literacy-Based Promotion Act," based on a raw grading scale for evaluating student performance. Each instructor shall be responsible for maintaining high standards of instruction, and the instructor's evaluation of each individual student shall be the final basis for assigning grades in regular course work and daily or weekly assessment.
(2) Students shall have the protection through orderly procedures against prejudiced or capricious academic evaluation. The method of grading by instructors must be made clear to students and parents, and instructors are required to justify disputed grades. Likewise, students are responsible for maintaining reasonable standards of academic performance and classroom conduct conducive to the learning process.
SECTION 2. Section 37-9-69, Mississippi Code of 1972, is amended as follows:
37-9-69. (1) It shall be the duty of each superintendent, principal and teacher in the public schools of this state to enforce in the schools the courses of study prescribed by law or by the State Board Of Education, to comply with the law in distribution and use of free textbooks, and to observe and enforce the statutes, rules and regulations prescribed for the operation of schools. Such superintendents, principals and teachers shall hold the pupils to strict account for disorderly conduct at school, on the way to and from school, on the playgrounds, and during recess.
(2) (a) Each teacher shall adhere to the requirements of Section 1 of this act to determine a student's level of competence and proficiency through the student's performance on regularly assigned coursework and periodic testing assessments, which shall be factors used by the teacher whether a student is promoted to the next grade level. The local school board shall adopt a raw grading scale for evaluating performance and the adequacy of reading skill levels of students enrolled in attending schools in the district, which shall also be used as a tool in the evaluation of teachers' and administrators' ability to meet student growth.
(b) Each teacher shall administer incremental weekly testing assessments, however, subject to the curriculum adopted and the instructional modules approved by the school board for instructional use, testing assessments may be administered on a bi-weekly basis, as best determined by the teacher. Additionally, the teacher shall conduct scheduled systematic evaluations of pupils at each grade level throughout the scholastic period using regularly assigned coursework, homework, special project assignments, periodic testing assessments as authorized under this paragraph and any state standardized assessments administered by the State Department of Education.
SECTION 3. Section 37-9-23, Mississippi Code of 1972, is amended as follows:
37-9-23. (1) The superintendent shall enter into a contract with each assistant superintendent, principal, licensed employee and person anticipating graduation from an approved teacher education program or the issuance of a proper license before October 15 or February 15, as the case may be, who is elected and approved for employment by the school board. Such contracts shall be in such form as shall be prescribed by the State Board of Education and shall be executed in duplicate with one (1) copy to be retained by the appropriate superintendent and one (1) copy to be retained by the principal, licensed employee or person recommended for a licensed position contracted with. The contract shall show the name of the district, the length of the school term, the position held (whether an assistant superintendent, principal or licensed employee), the scholastic years which it covers, the total amount of the annual salary and how same is payable. The amount of salary to be shown in such contract shall be the amount which shall have been fixed and determined by the school board, but, as to the licensed employees paid, in whole or in part, with adequate education program funds, such salary shall not be less than that required under the provisions of Chapter 19 of this title. Beginning with the 2010-2011 school year, the contract shall include a provision allowing the school district to reduce the state minimum salary by a pro rata daily amount in order to comply with the school district employee furlough provisions of Section 37-7-308, and shall include a provision which conditions the payment of such salary upon the availability of adequate education funds provided for salaries. The contract entered into with any person recommended for a licensed position who is anticipating either graduation from an approved teacher education program before September 1 or December 31, as the case may be, or the issuance of a proper license before October 15 or February 15, as the case may be, shall be a conditional contract and shall include a provision stating that the contract will be null and void if, as specified in the contract, the contingency upon which the contract is conditioned has not occurred. If any superintendent, other than those elected, principal, licensed employee or person recommended for a licensed position who has been elected and approved shall not execute and return the contract within ten (10) days after same has been tendered to him for execution, then, at the option of the school board, the election of the licensed employee and the contract tendered to him shall be void and of no effect.
(2) The annual contract for licensed instructional staff shall provide for weekly or bi-weekly evaluation periods, during which time the school administrator shall monitor the teacher's efficiency and effectiveness, skills in instruction and classroom management, and assess the teacher's grading ledger of students' achievement to determine the teacher's level of performance. Failure of a school to meet growth shall result in administrative sanctions imposed on teachers and administrators, as prescribed in Section 37-3-2.
SECTION 4. Section 37-3-2, Mississippi Code of 1972, is amended as follows:
37-3-2. (1) There is established within the State Department of Education the Commission on Teacher and Administrator Education, Certification and Licensure and Development. It shall be the purpose and duty of the commission to make recommendations to the State Board of Education regarding standards for the certification and licensure and continuing professional development of those who teach or perform tasks of an educational nature in the public schools of Mississippi.
(2) The commission shall be composed of fifteen (15) qualified members. The membership of the commission shall be composed of the following members to be appointed, three (3) from each congressional district: four (4) classroom teachers; three (3) school administrators; one (1) representative of schools of education of institutions of higher learning located within the state to be recommended by the Board of Trustees of State Institutions of Higher Learning; one (1) representative from the schools of education of independent institutions of higher learning to be recommended by the Board of the Mississippi Association of Independent Colleges; one (1) representative from public community and junior colleges located within the state to be recommended by the Mississippi Community College Board; one (1) local school board member; and four (4) laypersons. All appointments shall be made by the State Board of Education after consultation with the State Superintendent of Public Education. The first appointments by the State Board of Education shall be made as follows: five (5) members shall be appointed for a term of one (1) year; five (5) members shall be appointed for a term of two (2) years; and five (5) members shall be appointed for a term of three (3) years. Thereafter, all members shall be appointed for a term of four (4) years.
(3) The State Board of Education when making appointments shall designate a chairman. The commission shall meet at least once every two (2) months or more often if needed. Members of the commission shall be compensated at a rate of per diem as authorized by Section 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.
(4) (a) An appropriate staff member of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve as executive secretary and coordinator for the commission. No less than two (2) other appropriate staff members of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve on the staff of the commission.
(b) An Office of Educator Misconduct Evaluations shall be established within the State Department of Education to assist the commission in responding to infractions and violations, and in conducting hearings and enforcing the provisions of subsections (11), (12), (13), (14) and (15) of this section, and violations of the Mississippi Educator Code of Ethics.
(5) It shall be the duty of the commission to:
(a) Set standards and criteria, subject to the approval of the State Board of Education, for all educator preparation programs in the state;
(b) Recommend to the State Board of Education each year approval or disapproval of each educator preparation program in the state, subject to a process and schedule determined by the State Board of Education;
(c) Establish, subject to the approval of the State Board of Education, standards for initial teacher certification and licensure in all fields;
(d) Establish, subject to the approval of the State Board of Education, standards for the renewal of teacher licenses in all fields;
(e) Review and evaluate objective measures of teacher performance, such as test scores, which may form part of the licensure process, and to make recommendations for their use;
(f) Review all existing requirements for certification and licensure;
(g) Consult with groups whose work may be affected by the commission's decisions;
(h) Prepare reports from time to time on current practices and issues in the general area of teacher education and certification and licensure;
(i) Hold hearings concerning standards for teachers' and administrators' education and certification and licensure with approval of the State Board of Education;
(j) Hire expert consultants with approval of the State Board of Education;
(k) Set up ad hoc committees to advise on specific areas; and
(l) Perform such other functions as may fall within their general charge and which may be delegated to them by the State Board of Education.
(6) (a) Standard License - Approved Program Route. An educator entering the school system of Mississippi for the first time and meeting all requirements as established by the State Board of Education shall be granted a standard five-year license. Persons who possess two (2) years of classroom experience as an assistant teacher or who have taught for one (1) year in an accredited public or private school shall be allowed to fulfill student teaching requirements under the supervision of a qualified participating teacher approved by an accredited college of education. The local school district in which the assistant teacher is employed shall compensate such assistant teachers at the required salary level during the period of time such individual is completing student teaching requirements. Applicants for a standard license shall submit to the department:
(i) An application on a department form;
(ii) An official transcript of completion of a teacher education program approved by the department or a nationally accredited program, subject to the following: Licensure to teach in Mississippi prekindergarten through kindergarten classrooms shall require completion of a teacher education program or a Bachelor of Science degree with child development emphasis from a program accredited by the American Association of Family and Consumer Sciences (AAFCS) or by the National Association for Education of Young Children (NAEYC) or by the National Council for Accreditation of Teacher Education (NCATE). Licensure to teach in Mississippi kindergarten, for those applicants who have completed a teacher education program, and in Grade 1 through Grade 4 shall require the completion of an interdisciplinary program of studies. Licenses for Grades 4 through 8 shall require the completion of an interdisciplinary program of studies with two (2) or more areas of concentration. Licensure to teach in Mississippi Grades 7 through 12 shall require a major in an academic field other than education, or a combination of disciplines other than education. Students preparing to teach a subject shall complete a major in the respective subject discipline. All applicants for standard licensure shall demonstrate that such person's college preparation in those fields was in accordance with the standards set forth by the National Council for Accreditation of Teacher Education (NCATE) or the National Association of State Directors of Teacher Education and Certification (NASDTEC) or, for those applicants who have a Bachelor of Science degree with child development emphasis, the American Association of Family and Consumer Sciences (AAFCS). Effective July 1, 2016, for initial elementary education licensure, a teacher candidate must earn a passing score on a rigorous test of scientifically research-based reading instruction and intervention and data-based decision-making principles as approved by the State Board of Education;
(iii) A copy of test scores evidencing satisfactory completion of nationally administered examinations of achievement, such as the Educational Testing Service's teacher testing examinations;
(iv) Any other document required by the State Board of Education; and
(v) From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi who did not meet the following criteria for entrance into an approved teacher education program:
1. Twenty-one (21) ACT equivalent or achieve the nationally recommended passing score on the Praxis Core Academic Skills for Educators examination; and
2. No less than 2.75 GPA on pre-major coursework of the institution's approved teacher education program provided that the accepted cohort of candidates meets or exceeds a 3.0 GPA on pre-major coursework.
(b) (i) Standard License - Nontraditional Teaching Route. From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi under the alternate route who did not meet the following criteria:
* * *1. Twenty-one
(21) ACT equivalent or achieve the
nationally recommended passing score on the Praxis Core Academic Skills for
Educators examination; and
* * *2. No less than 2.75 GPA on content
coursework in the requested area of certification or passing Praxis II scores
at or above the national recommended score provided that the accepted cohort of
candidates of the institution's teacher education program meets or exceeds a
3.0 GPA on pre-major coursework.
(ii) Beginning January 1, 2004, an individual who has a passing score on the Praxis I Basic Skills and Praxis II Specialty Area Test in the requested area of endorsement may apply for the Teach Mississippi Institute (TMI) program to teach students in Grades 7 through 12 if the individual meets the requirements of this paragraph (b). The State Board of Education shall adopt rules requiring that teacher preparation institutions which provide the Teach Mississippi Institute (TMI) program for the preparation of nontraditional teachers shall meet the standards and comply with the provisions of this paragraph.
* * *1. The Teach Mississippi Institute
(TMI) shall include an intensive eight-week, nine-semester-hour summer program
or a curriculum of study in which the student matriculates in the fall or
spring semester, which shall include, but not be limited to, instruction in
education, effective teaching strategies, classroom management, state
curriculum requirements, planning and instruction, instructional methods and
pedagogy, using test results to improve instruction, and a one (1) semester
three-hour supervised internship to be completed while the teacher is employed
as a full-time teacher intern in a local school district. The TMI shall be
implemented on a pilot program basis, with courses to be offered at up to four
(4) locations in the state, with one (1) TMI site to be located in each of the
three (3) Mississippi Supreme Court districts.
* * *2. The school sponsoring the
teacher intern shall enter into a written agreement with the institution
providing the Teach Mississippi Institute (TMI) program, under terms and
conditions as agreed upon by the contracting parties, providing that the school
district shall provide teacher interns seeking a nontraditional provisional
teaching license with a one-year classroom teaching experience. The teacher
intern shall successfully complete the one (1) semester three-hour intensive
internship in the school district during the semester immediately following
successful completion of the TMI and prior to the end of the one-year classroom
teaching experience.
* * *3. Upon completion of the nine-semester-hour
TMI or the fall or spring semester option, the individual shall submit his
transcript to the commission for provisional licensure of the intern teacher,
and the intern teacher shall be issued a provisional teaching license by the
commission, which will allow the individual to legally serve as a teacher while
the person completes a nontraditional teacher preparation internship program.
* * *4. During the semester of
internship in the school district, the teacher preparation institution shall
monitor the performance of the intern teacher. The school district that
employs the provisional teacher shall supervise the provisional teacher during
the teacher's intern year of employment under a nontraditional provisional
license, and shall, in consultation with the teacher intern's mentor at the
school district of employment, submit to the commission a comprehensive
evaluation of the teacher's performance sixty (60) days prior to the expiration
of the nontraditional provisional license. If the comprehensive evaluation
establishes that the provisional teacher intern's performance fails to meet the
standards of the approved nontraditional teacher preparation internship
program, the individual shall not be approved for a standard license.
* * *5. An individual issued a
provisional teaching license under this nontraditional route shall successfully
complete, at a minimum, a one-year beginning teacher mentoring and induction
program administered by the employing school district with the assistance of
the State Department of Education.
* * *6. Upon successful completion of
the TMI and the internship provisional license period, applicants for a
Standard License - Nontraditional Route shall submit to the commission a
transcript of successful completion of the twelve (12) semester hours required
in the internship program, and the employing school district shall submit to
the commission a recommendation for standard licensure of the intern. If the
school district recommends licensure, the applicant shall be issued a Standard
License - Nontraditional Route which shall be valid for a five-year period and
be renewable.
* * *7. At the discretion of the
teacher preparation institution, the individual shall be allowed to credit the
twelve (12) semester hours earned in the nontraditional teacher internship
program toward the graduate hours required for a Master of Arts in Teacher
(MAT) Degree.
* * *8. The local school district in
which the nontraditional teacher intern or provisional licensee is employed
shall compensate such teacher interns at Step 1 of the required salary level
during the period of time such individual is completing teacher internship
requirements and shall compensate such Standard License - Nontraditional Route
teachers at Step 3 of the required salary level when they complete license
requirements.
(iii) Implementation of the TMI program provided for under this paragraph (b) shall be contingent upon the availability of funds appropriated specifically for such purpose by the Legislature. Such implementation of the TMI program may not be deemed to prohibit the State Board of Education from developing and implementing additional alternative route teacher licensure programs, as deemed appropriate by the board. The emergency certification program in effect prior to July 1, 2002, shall remain in effect.
(iv) A Standard License - Approved Program Route shall be issued for a five-year period, and may be renewed. Recognizing teaching as a profession, a hiring preference shall be granted to persons holding a Standard License - Approved Program Route or Standard License - Nontraditional Teaching Route over persons holding any other license.
(c) Special License - Expert Citizen. In order to allow a school district to offer specialized or technical courses, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may grant a one-year expert citizen-teacher license to local business or other professional personnel to teach in a public school or nonpublic school accredited or approved by the state. Such person may begin teaching upon his employment by the local school board and licensure by the Mississippi Department of Education. The board shall adopt rules and regulations to administer the expert citizen-teacher license. A Special License - Expert Citizen may be renewed in accordance with the established rules and regulations of the State Department of Education.
(d) Special License - Nonrenewable. The State Board of Education is authorized to establish rules and regulations to allow those educators not meeting requirements in paragraph (a), (b) or (c) of this subsection (6) to be licensed for a period of not more than three (3) years, except by special approval of the State Board of Education.
(e) Nonlicensed Teaching Personnel. A nonlicensed person may teach for a maximum of three (3) periods per teaching day in a public school district or a nonpublic school accredited/approved by the state. Such person shall submit to the department a transcript or record of his education and experience which substantiates his preparation for the subject to be taught and shall meet other qualifications specified by the commission and approved by the State Board of Education. In no case shall any local school board hire nonlicensed personnel as authorized under this paragraph in excess of five percent (5%) of the total number of licensed personnel in any single school.
(f) Special License - Transitional Bilingual Education. Beginning July 1, 2003, the commission shall grant special licenses to teachers of transitional bilingual education who possess such qualifications as are prescribed in this section. Teachers of transitional bilingual education shall be compensated by local school boards at not less than one (1) step on the regular salary schedule applicable to permanent teachers licensed under this section. The commission shall grant special licenses to teachers of transitional bilingual education who present the commission with satisfactory evidence that they (i) possess a speaking and reading ability in a language, other than English, in which bilingual education is offered and communicative skills in English; (ii) are in good health and sound moral character; (iii) possess a bachelor's degree or an associate's degree in teacher education from an accredited institution of higher education; (iv) meet such requirements as to courses of study, semester hours therein, experience and training as may be required by the commission; and (v) are legally present in the United States and possess legal authorization for employment. A teacher of transitional bilingual education serving under a special license shall be under an exemption from standard licensure if he achieves the requisite qualifications therefor. Two (2) years of service by a teacher of transitional bilingual education under such an exemption shall be credited to the teacher in acquiring a Standard Educator License. Nothing in this paragraph shall be deemed to prohibit a local school board from employing a teacher licensed in an appropriate field as approved by the State Department of Education to teach in a program in transitional bilingual education.
(g) In the event any school district meets the highest accreditation standards as defined by the State Board of Education in the accountability system, the State Board of Education, in its discretion, may exempt such school district from any restrictions in paragraph (e) relating to the employment of nonlicensed teaching personnel.
(h) Highly Qualified Teachers. Beginning July 1, 2006, any teacher from any state meeting the federal definition of highly qualified, as described in the No Child Left Behind Act, must be granted a standard five-year license by the State Department of Education.
(7) Administrator License. The State Board of Education is authorized to establish rules and regulations and to administer the licensure process of the school administrators in the State of Mississippi. There will be four (4) categories of administrator licensure with exceptions only through special approval of the State Board of Education.
(a) Administrator License - Nonpracticing. Those educators holding administrative endorsement but having no administrative experience or not serving in an administrative position on January 15, 1997.
(b) Administrator License - Entry Level. Those educators holding administrative endorsement and having met the department's qualifications to be eligible for employment in a Mississippi school district. Administrator License - Entry Level shall be issued for a five-year period and shall be nonrenewable.
(c) Standard Administrator License - Career Level. An administrator who has met all the requirements of the department for standard administrator licensure.
(d) Administrator License - Nontraditional Route. The board may establish a nontraditional route for licensing administrative personnel. Such nontraditional route for administrative licensure shall be available for persons holding, but not limited to, a master of business administration degree, a master of public administration degree, a master of public planning and policy degree or a doctor of jurisprudence degree from an accredited college or university, with five (5) years of administrative or supervisory experience. Successful completion of the requirements of alternate route licensure for administrators shall qualify the person for a standard administrator license.
Individuals seeking school administrator licensure under paragraph (b), (c) or (d) shall successfully complete a training program and an assessment process prescribed by the State Board of Education. All applicants for school administrator licensure shall meet all requirements prescribed by the department under paragraph (b), (c) or (d), and the cost of the assessment process required shall be paid by the applicant.
(8) Reciprocity. (a) The department shall grant a standard license to any individual who possesses a valid standard license from another state and meets minimum Mississippi license requirements or equivalent requirements as determined by the State Board of Education. The issuance of a license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.
(b) The department shall grant a nonrenewable special license to any individual who possesses a credential which is less than a standard license or certification from another state. Such special license shall be valid for the current school year plus one (1) additional school year to expire on June 30 of the second year, not to exceed a total period of twenty-four (24) months, during which time the applicant shall be required to complete the requirements for a standard license in Mississippi.
(9) Renewal and Reinstatement of Licenses. The State Board of Education is authorized to establish rules and regulations for the renewal and reinstatement of educator and administrator licenses. Effective May 15, 1997, the valid standard license held by an educator shall be extended five (5) years beyond the expiration date of the license in order to afford the educator adequate time to fulfill new renewal requirements established pursuant to this subsection. An educator completing a master of education, educational specialist or doctor of education degree in May 1997 for the purpose of upgrading the educator's license to a higher class shall be given this extension of five (5) years plus five (5) additional years for completion of a higher degree.
(10) All controversies involving the issuance, revocation, suspension or any change whatsoever in the licensure of an educator required to hold a license shall be initially heard in a hearing de novo, by the commission or by a subcommittee established by the commission and composed of commission members for the purpose of holding hearings. Any complaint seeking the denial of issuance, revocation or suspension of a license shall be by sworn affidavit filed with the Commission on Teacher and Administrator Education, Certification and Licensure and Development. The decision thereon by the commission or its subcommittee shall be final, unless the aggrieved party shall appeal to the State Board of Education, within ten (10) days, of the decision of the committee or its subcommittee. An appeal to the State Board of Education shall be on the record previously made before the commission or its subcommittee unless otherwise provided by rules and regulations adopted by the board. The State Board of Education in its authority may reverse, or remand with instructions, the decision of the committee or its subcommittee. The decision of the State Board of Education shall be final.
(11) The State Board of Education, acting through the commission, may deny an application for any teacher or administrator license for one or more of the following:
(a) Lack of qualifications which are prescribed by law or regulations adopted by the State Board of Education;
(b) The applicant has a physical, emotional or mental disability that renders the applicant unfit to perform the duties authorized by the license, as certified by a licensed psychologist or psychiatrist;
(c) The applicant is actively addicted to or actively dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effect, at the time of application for a license;
(d) Revocation, suspension or surrender of an applicant's certificate or license by another state shall result in immediate denial of licensure until such time that the records predicating the revocation, suspension or surrender in the prior state have been cleared;
(e) Fraud or deceit committed by the applicant in securing or attempting to secure such certification and license;
(f) Failing or refusing to furnish reasonable evidence of identification;
(g) The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law;
(h) The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense as defined by federal or state law. For purposes of this paragraph (h) and paragraph (g) of this subsection, a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion; or
(i) Probation or post-release supervision for a felony or sex offense conviction, as defined by federal or state law, shall result in the immediate denial of licensure application until expiration of the probationary or post-release supervision period.
(12) The State Board of Education, acting through the commission, may revoke, suspend or refuse to renew any teacher or administrator license for specified periods of time or may place on probation, censure, reprimand a licensee, or take other disciplinary action with regard to any license issued under this chapter for one or more of the following:
(a) Breach of contract or abandonment of employment may result in the suspension of the license for one (1) school year as provided in Section 37-9-57;
(b) Obtaining a license by fraudulent means shall result in immediate suspension and continued suspension for one (1) year after correction is made;
(c) Suspension or revocation of a certificate or license by another state shall result in immediate suspension or revocation and shall continue until records in the prior state have been cleared;
(d) The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law. For purposes of this paragraph, a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
(e) The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense, as defined by federal or state law, shall result in immediate suspension or revocation;
(f) The license holder has received probation or post-release supervision for a felony or sex offense conviction, as defined by federal or state law, which shall result in immediate suspension or revocation until expiration of the probationary or post-release supervision period;
(g) The license holder knowingly and willfully committing any of the acts affecting validity of mandatory uniform test results as provided in Section 37-16-4(1);
(h) The license holder has engaged in unethical conduct relating to an educator/student relationship as identified by the State Board of Education in its rules;
(i) The license holder has fondled a student as described in Section 97-5-23, or had any type of sexual involvement with a student as described in Section 97-3-95;
(j) The license holder has failed to report sexual involvement of a school employee with a student as required by Section 97-5-24;
(k) The license holder served as superintendent or principal in a school district during the time preceding and/or that resulted in the Governor declaring a state of emergency and the State Board of Education appointing a conservator;
(l) The license holder submitted a false certification to the State Department of Education that a statewide test was administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System; or
(m) The license holder
has failed to comply with the Procedures for Reporting Infractions as
promulgated by the commission and approved by the State Board of Education
pursuant to subsection (15) of this section * * *; or
(n) The license holder served as the direct instructional personnel to fifteen percent (15%) or more of the students assigned to his or her class, or in the case of administrators, fifteen percent (15%) or more of the enrolled student body failed a certain percentage of periodic and standardized testing assessments for a certain academic period, to be determined by the local school board. The duration of the administrative sanction imposed upon any teacher or administrator whose license is revoked or suspended under this paragraph, shall not be less than three (3) years, nor more than five (5) years.
(13) (a) Dismissal or suspension of a licensed employee by a local school board pursuant to Section 37-9-59 may result in the suspension or revocation of a license for a length of time which shall be determined by the commission and based upon the severity of the offense.
(b) Any offense committed or attempted in any other state shall result in the same penalty as if committed or attempted in this state.
(c) A person may voluntarily surrender a license. The surrender of such license may result in the commission recommending any of the above penalties without the necessity of a hearing. However, any such license which has voluntarily been surrendered by a licensed employee may only be reinstated by a majority vote of all members of the commission present at the meeting called for such purpose.
(14) (a) A person whose license has been revoked or surrendered on any grounds except criminal grounds may petition for reinstatement of the license after one (1) year from the date of revocation or surrender, or after one-half (1/2) of the revoked or surrendered time has lapsed, whichever is greater. A person whose license has been suspended on any grounds or violations under subsection (12) of this section may be reinstated automatically or approved for a reinstatement hearing, upon submission of a written request to the commission. A license suspended, revoked or surrendered on criminal grounds may be reinstated upon petition to the commission filed after expiration of the sentence and parole or probationary period imposed upon conviction. A revoked, suspended or surrendered license may be reinstated upon satisfactory showing of evidence of rehabilitation. The commission shall require all who petition for reinstatement to furnish evidence satisfactory to the commission of good character, good mental, emotional and physical health and such other evidence as the commission may deem necessary to establish the petitioner's rehabilitation and fitness to perform the duties authorized by the license.
(b) A person whose license expires while under investigation by the Office of Educator Misconduct for an alleged violation may not be reinstated without a hearing before the commission if required based on the results of the investigation.
(15) Reporting procedures and hearing procedures for dealing with infractions under this section shall be promulgated by the commission, subject to the approval of the State Board of Education. The revocation or suspension of a license shall be effected at the time indicated on the notice of suspension or revocation. The commission shall immediately notify the superintendent of the school district or school board where the teacher or administrator is employed of any disciplinary action and also notify the teacher or administrator of such revocation or suspension and shall maintain records of action taken. The State Board of Education may reverse or remand with instructions any decision of the commission regarding a petition for reinstatement of a license, and any such decision of the State Board of Education shall be final.
(16) An appeal from the action of the State Board of Education in denying an application, revoking or suspending a license or otherwise disciplining any person under the provisions of this section shall be filed in the Chancery Court of the First Judicial District of Hinds County, Mississippi, on the record made, including a verbatim transcript of the testimony at the hearing. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in chancery court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the State Board of Education, and the filing of a bond in the sum of Two Hundred Dollars ($200.00) conditioned that if the action of the board be affirmed by the chancery court, the applicant or license holder shall pay the costs of the appeal and the action of the chancery court.
(17) All such programs, rules, regulations, standards and criteria recommended or authorized by the commission shall become effective upon approval by the State Board of Education as designated by appropriate orders entered upon the minutes thereof.
(18) The granting of a license shall not be deemed a property right nor a guarantee of employment in any public school district. A license is a privilege indicating minimal eligibility for teaching in the public school districts of Mississippi. This section shall in no way alter or abridge the authority of local school districts to require greater qualifications or standards of performance as a prerequisite of initial or continued employment in such districts.
(19) In addition to the reasons specified in subsections (12) and (13) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 5. Section 37-177-1, Mississippi Code of 1972, is brought forward as follows:
37-177-1. (1) There is established an act prohibiting social promotion to be known as the "Literacy-Based Promotion Act," the purpose of which is to improve the reading skills of Kindergarten and First- through Third-Grade students enrolled in the 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 act, 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 at any time, as demonstrated through performance on a reading screener approved or developed by the State Department of Education or through locally determined assessments and teacher observations conducted in Kindergarten and Grades 1 through 3 or through statewide end-of-year assessments or approved alternate yearly assessments in Grade 3, must be given intensive reading instruction and intervention immediately following the identification of the reading deficiency. The intensive reading instruction and intervention must be documented for each student in an individual reading plan, which includes, at a minimum, the following:
(a) The student's specific, diagnosed reading skill deficiencies as determined (or identified) by diagnostic assessment data;
(b) The goals and benchmarks for growth;
(c) How progress will be monitored and evaluated;
(d) The type of additional instructional services and interventions the student will receive;
(e) The research-based reading instructional programming the teacher will use to provide reading instruction, addressing the areas of phonemic awareness, phonics, fluency, vocabulary and comprehension;
(f) The strategies the student's parent is encouraged to use in assisting the student to achieve reading competency; and
(g) Any additional services the teacher deems available and appropriate to accelerate the student's reading skill development.
(3) The universal reading screener or locally determined reading assessment may be given in the first thirty (30) days of the school year and repeated if indicated at midyear and at the end of the school year to determine student progression in reading in Kindergarten through Third Grade. If it is determined that the student continues to have a reading deficiency, the student must be provided with continued intensive reading instruction and intervention by the school district until the reading deficiency is remedied. A student exhibiting continued reading deficiency with continued intensive interventions should be considered for exceptional criteria evaluation.
(4) A Kindergarten or First-, Second- or Third-Grade student identified with a deficiency in reading must be provided intensive interventions in reading to ameliorate the student's specific reading deficiency, as identified by a valid and reliable diagnostic assessment. The intensive intervention must include effective instructional strategies, 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. A Kindergarten, First-, Second- or Third-Grade student identified with a reading deficiency or not promoted may be placed in a transition class.
SECTION 6. Section 37-177-3, Mississippi Code of 1972, is brought forward as follows:
37-177-3. Immediately upon the determination of a reading deficiency, and subsequently with each quarterly progress report 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 by the student's teacher 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, as outlined in the student's individual reading plan;
(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 37-177-11 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 annual accountability assessment for reading in Third Grade is the initial determinant, it is not the sole determiner of promotion and that approved alternative standardized assessments are available to assist the school district in knowing when a child is reading at or above grade level and ready for promotion to the next grade.
SECTION 7. Section 37-177-5, Mississippi Code of 1972, is brought forward as follows:
37-177-5. The State Department of Education shall establish a Mississippi Reading Panel to collaborate with the State Department of Education in recommending appropriate equitable alternative standardized assessments and cut scores to be used to determine promotion to the Fourth Grade of those Third-Grade students who did not score at the required achievement level on the state annual accountability assessment, as outlined in Section 37-177-9, or who, for unforeseen circumstances, were unable to take the assessment. The panel should have knowledge and input in the adoption or development of a universal screener for required use only in select schools most in need for the reading intervention program to identify reading deficiencies and determine progress. A suggestive list of no less than four (4) screening assessments should be available to schools not selected for the critical reading intervention program taking into consideration those screening assessments already being used satisfactorily in Mississippi elementary schools. An approved alternative standardized reading assessment may be used in years when the state is transitioning to a new state annual accountability assessment. The panel shall consist of six (6) members as follows: the State Superintendent of Education, or his/her designee, who will chair the committee; the Chair of the House Education Committee, or his designee; the Chairman of the Senate Education Committee, or his designee; one (1) member appointed by the Governor; and two (2) additional members appointed by the State Superintendent of Education.
SECTION 8. Section 37-177-7, Mississippi Code of 1972, is brought forward as follows:
37-177-7. The State Department of Education shall:
(a) Select schools most in need for the reading intervention program and create criteria for selection for participation based on number and percentages of students scoring in the lowest two (2) achievement levels on state-adopted yearly reading assessments, screening results, and other relevant data;
(b) Assign a supervisory position within each school to be responsible for the faithful implementation of the Reading Intervention Program; and
(c) Subject to legislative appropriation, the Mississippi Department of Education shall conduct a program with willing "C" level or low-performing districts and/or schools. The program shall focus on the use of data coaches to improve reading and literacy, to determine the effectiveness of intense data-focused professional development, provide expert support in literacy and early reading instruction but it shall not necessarily be limited to literacy. Data coaches should be experts in both pedagogy and data analysis who facilitate professional learning community meetings, and provide observation and feedback, to help teachers and district leaders build skills in using data to inform instruction. Schools and districts selected by the department to participate in the program shall agree to involve the school and district leadership team as directed by the department. The Mississippi Department of Education is authorized to include pre-school programs it deems appropriate. The department is authorized to contract with a private sector provider to implement the program and work in partnership with four-year institutions of higher learning to develop and implement the program.
SECTION 9. Section 37-177-9, Mississippi Code of 1972, is brought forward as follows:
37-177-9. 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.
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 scoring at the lowest achievement level in reading on the state annual accountability assessment or on an approved alternative standardized assessment for Third Grade, the student shall not be promoted to Fourth Grade.
Beginning in the 2018-2019 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 scoring above the lowest two (2) achievement levels in reading on the state annual accountability assessment or on an approved alternative standardized assessment for Third Grade, the student shall not be promoted to Fourth Grade.
SECTION 10. Section 37-177-11, Mississippi Code of 1972, is brought forward as follows:
37-177-11. (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 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 or previously was retained in Kindergarten or First, Second or Third Grade;
(d) Students who demonstrate an acceptable level of reading proficiency on an alternative standardized assessment approved by the State Board of Education; and
(e) Students who have received intensive intervention 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 and have not met exceptional education criteria. A student who is promoted to Fourth Grade with a good cause exemption shall be provided an individual reading plan as described in Section 37-177-1(2), which outlines intensive reading instruction and intervention informed by specialized diagnostic information and delivered through specific reading strategies to meet the needs of each student so promoted. The school district shall assist schools and teachers in implementing reading strategies that research has shown to be successful in improving reading among students with persistent reading difficulties.
(2) A request for good cause exemptions for a Third-Grade student from the academic requirements established for promotion to Fourth 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 good cause exemption being requested and must clearly prove that the student is covered by one (1) of the good cause exemptions listed in subsection (1)(a) through (e) of this section.
(b) The principal shall review and discuss the recommendations with the teacher and parents and make a determination as to whether or not the student should be promoted based on requirements set forth in this chapter. If the principal determines that the student should be promoted, based on the documentation provided, the principal must make the recommendation in writing to the school district superintendent, who, in writing, may accept or reject the principal's recommendation. The parents of any student promoted may choose that the student be retained for one (1) year, even if the principal and district superintendent determines otherwise.
SECTION 11. Section 37-177-13, Mississippi Code of 1972, is brought forward as follows:
37-177-13. Beginning in the 2014-2015 school year, each school district shall take the following actions for retained Third-Grade students:
(a) Provide Third-Grade students who are not promoted with intensive instructional services, progress monitoring measures, and supports to remediate the identified areas of reading deficiency, as outlined in the student's individual reading plan, including a minimum of ninety (90) minutes during regular school hours of daily, scientifically research-based reading instruction that includes phonemic awareness, phonics, fluency, vocabulary and comprehension, and other strategies prescribed by the school district, which may include, but are not limited to:
(i) Small group instruction;
(ii) Reduced teacher-student ratios;
(iii) Tutoring in scientifically research-based reading services in addition to the regular school day;
(iv) The option of transition classes;
(v) Extended school day, week or year; and
(vi) Summer reading camps.
(b) Provide written notification to the parent or legal guardian of any 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, as outlined in the student's individual reading plan. This notification must be provided to the parent or legal guardian in writing, in a format adopted by the State Board of Education in addition to report cards given by the teacher.
(c) Provide Third-Grade students who are retained with a high-performing teacher, as determined by student performance data, particularly related to student growth in reading, above-satisfactory performance appraisals, and/or specific training relevant to implementation of this chapter.
(d) Provide parents and legal guardians of Third-Grade students with a "Read at Home" plan outlined in a parental contract, including participation in regular parent-guided home reading.
SECTION 12. Section 37-177-15, Mississippi Code of 1972, is brought forward as follows:
37-177-15. Each district may provide, where applicable, an intensive acceleration class for any student retained in Grade 3 who was previously retained in Kindergarten or Grades 1 through 3. The focus of the intensive acceleration class should be to increase a student's reading level at least two (2) grade levels in one (1) school year. The intensive acceleration class should provide reading instruction and intervention for the majority of student contact each day and incorporate opportunities to master the Grade 4 state standards in other core academic areas.
SECTION 13. Section 37-177-17, Mississippi Code of 1972, is brought forward as follows:
37-177-17. (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 and the Mississippi Reading Panel the following information relating to the preceding school year:
(a) The provisions of this chapter relating to public school student progression and the school district's policies and procedures on student retention and promotion;
(b) By grade, the number and percentage of all students performing at each level of competency on the reading and math portion of the annual state accountability system and the number and percentage of students given an approved alternative standardized reading assessment and the percentage of these students performing at each competency level on said alternative standardized assessment;
(c) By grade, the number and percentage of all students retained in Kindergarten through Grade 8;
(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 37-177-11; 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 district information, along with state-level summary information, and report the information to the Governor, Senate, House of Representatives and general public.
SECTION 14. Section 37-177-19, Mississippi Code of 1972, is brought forward as follows:
37-177-19. (1) The State Board of Education shall adopt such policies, rules and regulations as may be necessary for the implementation of this chapter.
(2) The State Department of Education shall provide such technical assistance and training of teachers/administrators as may be needed to aid local school districts in administering the provisions of this chapter.
(3) Each local school district must include provisions required by this chapter as an addition to the district's published handbook of policy for employees and students beginning in school year 2013-2014.
SECTION 15. Section 37-177-21, Mississippi Code of 1972, is brought forward as follows:
37-177-21. The provisions of this chapter which include components necessary to provide for teacher training, instructional materials, remedial education training and administration of an intensive literacy curriculum shall be subject to legislative appropriation.
SECTION 16. This act shall take effect and be in force from and after July 1, 2018.