MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Education
By: Representatives Hopkins, Williamson
AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO CEASE THE ADMINISTRATION OF ALL STATEWIDE TESTING; TO REQUIRE THE DETERMINATION AS TO WHETHER OR NOT A STUDENT IS ELIGIBLE FOR PROMOTION TO THE NEXT GRADE OR GRADUATION TO BE BASED SOLELY ON THE STUDENT'S ACADEMIC PERFORMANCE AS REFLECTED BY THE STUDENT'S CUMULATIVE GRADES; TO REPEAL SECTION 37-16-1, MISSISSIPPI CODE OF 1972, WHICH SETS FORTH THE PRIMARY PURPOSE AND GOALS OF THE STATEWIDE TESTING PROGRAM; TO REPEAL SECTION 37-16-4, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES PENALTIES FOR VIOLATIONS OF TEST SECURITY PROCEDURES RELATING TO MANDATORY UNIFORM STATEWIDE TESTS; TO REPEAL SECTION 37-16-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE MODIFICATION OF STATE TESTING INSTRUMENTS AND PROCEDURES FOR STUDENTS WITH IDENTIFIED HANDICAPS OR DISABILITIES; TO AMEND SECTIONS 37-16-3, 37-16-5, 37-16-7, 37-16-15, 37-16-17, 37-3-49, 37-15-38, 37-17-6, 37-35-3, 37-177-1, 37-177-3, 37-177-5, 37-177-7, 37-177-9, 37-177-11 AND 37-177-17, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Beginning in the 2023-2024 school year, the State Board of Education shall cease the administration of all assessments under the statewide testing program, except as otherwise provided in Section 37-16-3. These assessments include, but are not limited to, the Third-Grade Reading Assessment, all tests administered under the Mississippi Academic Assessment Program (MAAP), the Eleventh Grade ACT and all end-of-course tests under the Subject Area Testing Program. The determination as to whether or not a student is eligible for promotion from one (1) grade to the next or for graduation must be based solely on the academic performance of the student, as reflected by the student's cumulative grades on classroom assessments designed and administered by the student's teacher or teachers to assess students' mastery of basic skills and course content in relation to minimum standards established by the local school district. In addition to performing satisfactorily on classroom assessments, each student seeking to graduate from high school must meet the minimum standards for graduation established by the local school board pursuant to Section 37-16-7.
SECTION 2. Section 37-16-1, Mississippi Code of 1972, which sets forth the primary purpose and goals of the statewide testing program, is repealed.
SECTION 3. Section 37-16-4, Mississippi Code of 1972, which establishes penalties for violations of test security procedures relating to mandatory uniform statewide tests, is repealed.
SECTION 4. Section 37-16-9, Mississippi Code of 1972, which provides for the modification of state testing instruments and procedures for students with identified handicaps or disabilities, is repealed.
SECTION 5. Section 37-16-3, Mississippi Code of 1972, is amended as follows:
37-16-3. (1) The State Department
of Education is directed to * * *
establish, with the approval of the State Board of Education, * * * performance standards related to the goals
for education * * * including, but not limited to, basic skills in reading,
writing and mathematics. The * * * performance standards shall be approved
by April 1 in each year they are established. The department shall provide
technical assistance to the school districts, when requested, in the
development of student performance standards in addition to the established
statewide standards.
( * * *2) * * * The State Department of Education is directed
to administer a career-readiness assessment, such as, but not limited to, the
ACT WorkKeys Assessment, deemed appropriate by the Mississippi Department of Education
working in coordination with the Office of Workforce Development, to any students
electing to take the assessment. Each individual school district shall determine
whether the assessment is administered in the tenth, eleventh or twelfth grade.
The program may test skill areas, basic skills and high school course content.
* * *
SECTION 6. Section 37-16-5, Mississippi Code of 1972, is amended as follows:
37-16-5. The school board
of every district in this state shall periodically assess student performance
and achievement in each school. Such assessment programs shall be based upon
local goals and objectives which are compatible with the state's plan for
education and * * * the * * *minimum performance standards approved by the State Board of
Education. Data from district assessment programs shall be provided to the State
Department of Education when such data is required in order to evaluate specific
instructional programs or processes or when the data is needed for other
research or evaluation projects. Each district may provide acceptable, compatible
district assessment data to substitute for any assessment data needed at the
state level when the State Department of Education certifies that such data is
acceptable * * *.
SECTION 7. Section 37-16-7, Mississippi Code of 1972, is amended as follows:
37-16-7. (1) Each district school board shall establish standards for graduation from its schools which shall include as a minimum:
(a) Mastery of minimum
academic skills * * *;
and
(b) Completion of a
minimum number of academic credits * * * and all other applicable requirements
prescribed by the district school board.
( * * *2) The school board of each school district
shall maintain, by school, information on high school graduation rates.
High schools with graduation rates lower than eighty percent (80%) must submit
a detailed plan to the * * *
State Department of Education to restructure the high school experience to
improve graduation rates.
( * * *3) A student who meets all
requirements prescribed in subsection (1) of this section shall be awarded a
standard diploma in a form prescribed by the State Board of Education.
* * *
SECTION 8. Section 37-16-15, Mississippi Code of 1972, is amended as follows:
37-16-15. * * * Any person who has withdrawn from high
school before graduation may be granted a diploma from the Mississippi public
high school that the person last attended if the person has:
(a) Completed all
requisite graduation course work requirements and has achieved a passing score
on an assessment * * *; and
(b) Made a request to the public high school district that the person last attended in Mississippi that includes relevant transcripts of course work completed.
* * *
SECTION 9. Section 37-16-17, Mississippi Code of 1972, is amended as follows:
37-16-17. (1) Purpose. (a) The purpose of this section is to create a quality option in Mississippi's high schools for students not wishing to pursue a baccalaureate degree, which shall consist of challenging academic courses and modern career-technical studies. The goal for students pursuing the career technical education pathways is to graduate from high school with a standard diploma and credit toward a community college certification in a career-technical field. These students also shall be encouraged to take the national assessment in the career-technical field in which they become certified.
(b) The State Board of Education shall develop and adopt course and curriculum requirements for career technical education pathways offered by local public school boards in accordance with this section. The Mississippi Community College Board and the State Board of Education jointly shall determine course and curriculum requirements for the career technical education pathways. The State Board of Education shall require school districts to provide notice to all incoming middle school students and junior high students of the career technical education pathways offered by local school boards. Such notice shall include the career technical education pathways available, the course requirements of each pathway, how to enroll in the pathway and any other necessary information as determined by the State Board of Education.
(2) Career technical education pathway; description; curriculum. (a) A career technical education pathway shall provide a student with greater technical skill and a strong academic core and shall be offered to each high school student enrolled in a public school district. The career technical education pathway shall be linked to postsecondary options and shall prepare students to pursue either a degree or certification from a postsecondary institution, an industry-based training or certification, an apprenticeship, the military, or immediate entrance into a career field. The career technical education pathway shall provide students with alternatives to entrance into a four-year university or college after high school graduation.
(b) Students pursuing a career technical education pathway shall be afforded the opportunity to dually enroll in a community or technical college or to participate in a business internship or work-study program, when such opportunities are available and appropriate.
(c) Each public school district shall offer a career technical education pathway approved by the State Board of Education.
(d) Students in a career technical education pathway shall complete an academic core of courses and a career and technical sequence of courses.
(e) Students pursuing a career technical education pathway must complete the twenty-four (24) course unit requirements for a regular high school diploma, which may include, but not be limited to the following course content:
(i) English I;
(ii) English II;
(iii) Technical writing;
(iv) Computer programming;
(v) Algebra I;
(vi) Personal Finance;
(vii) Advanced technical mathematics;
(viii) Computer Science;
(ix) Biology;
(x) Earth and Space Science;
(xi) U.S. History;
(xii) Mississippi Studies/U.S. Government;
(xiii) Health;
(xiv) Physical Education;
(xv) Soft skills, which include, but are not limited to, communication ability, language skills, time management, teamwork and leadership traits;
(xvi) Career technical education pathway courses; and
(xvii) Integrated technology.
* * *
(f) The courses provided in paragraph (e) of this subsection may be tailored to the individual needs of the school district as long as the amendments align with the basic course requirements of paragraph (e).
(3) Nothing in this section shall disallow the development of a dual enrollment program with a technical college so long as an individual school district, with approval from the State Department of Education, agrees to implement such a program in connection with a technical college and the agreement is also approved by the proprietary school's commission.
SECTION 10. Section 37-3-49, Mississippi Code of 1972, is amended as follows:
37-3-49. (1) The State
Department of Education shall provide an instructional program and establish
guidelines and procedures for managing such program in the public schools
within the school districts throughout the state as part of the State Program of
Educational Accountability and Assessment of Performance as prescribed in Section
37-3-46. Public school districts may: (a) elect to adopt the
instructional program and management system provided by the State Department of
Education * * *;
or (b) elect to adopt an instructional program and management system which
meets or exceeds criteria established by the State Department of Education for
such. This provision shall begin with the courses taught in Grades K-8 * * * and shall proceed through all secondary
school courses mandated for graduation * * *. Other state core objectives must be included in
the district's instructional program as they are provided by the State
Department of Education along with instructional practices, resources,
evaluation items and management procedures. Districts are encouraged to adapt
this program and accompanying procedures to all other instructional areas. The
department shall provide that such program and guidelines, or a program and
guidelines developed by a local school district which incorporates the core
objectives from the curriculum structure, are enforced through the performance-based
accreditation system. It is the intent of the Legislature that every effort be
made to protect the instructional time in the classroom and reduce the amount
of paperwork which must be completed by teachers. The State Department of
Education shall take steps to insure that school districts properly use staff
development time to work on the districts' instructional management plans.
(2) The State Department of Education shall provide such instructional program and management guidelines which shall require for every public school district that:
(a) All courses taught
in Grades K-8 * * * and all secondary school courses mandated for
graduation * * * shall
include the State Department of Education's written list of learning
objectives.
(b) The local school board must adopt the objectives that will form the core curriculum which will be systematically delivered throughout the district.
(c) The set of objectives provided by the State Department of Education must be accompanied by suggested instructional practices and resources that would help teachers organize instruction so as to promote student learning of the objectives. Objectives added by the school district must also be accompanied by suggested instructional practices and resources that would help teachers organize instruction. The instructional practices and resources that are identified are to be used as suggestions and not as requirements that teachers must follow. The goal of the program is to have students to achieve the desired objective and not to limit teachers in the way they teach.
(d) Standards for student performance must be established for each core objective in the local program and those standards establish the district's definition of mastery for each objective.
(e) There shall be an annual review of student performance in the instructional program against locally established standards. When weaknesses exist in the local instructional program, the district shall take action to improve student performance.
(3) The State Board of Education and the board of trustees of each school district shall adopt policies to limit and reduce the number and length of written reports that classroom teachers are required to prepare.
(4) This section shall not be construed to limit teachers from using their own professional skills to help students master instructional objectives, nor shall it be construed as a call for more detailed or complex lesson plans or any increase in testing at the local school district level.
(5) Districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions of subsection (2) of this section.
SECTION 11. Section 37-15-38, Mississippi Code of 1972, is amended as follows:
37-15-38. (1) The following phrases have the meanings ascribed in this section unless the context clearly requires otherwise:
(a) A dual enrolled student is a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school.
(b) A dual credit student is a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school and who is receiving high school and college credit for postsecondary coursework.
(2) A local school board, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall establish a dual enrollment system under which students in the school district who meet the prescribed criteria of this section may be enrolled in a postsecondary institution in Mississippi while they are still in school.
(3) Dual credit eligibility. Before credits earned by a qualified high school student from a community or junior college or state institution of higher learning may be transferred to the student's home school district, the student must be properly enrolled in a dual enrollment program.
(4) Admission criteria for dual enrollment in community and junior college or university programs. The Mississippi Community College Board and the Board of Trustees of State Institutions of Higher Learning may recommend to the State Board of Education admission criteria for dual enrollment programs under which high school students may enroll at a community or junior college or university while they are still attending high school and enrolled in high school courses. Students may be admitted to enroll in community or junior college courses under the dual enrollment programs if they meet that individual institution's stated dual enrollment admission requirements.
(5) Tuition and cost responsibility. Tuition and costs for university-level courses and community and junior college courses offered under a dual enrollment program may be paid for by the postsecondary institution, the local school district, the parents or legal guardians of the student, or by grants, foundations or other private or public sources. Payment for tuition and any other costs must be made directly to the credit-granting institution.
(6) Transportation responsibility. Any transportation required by a student to participate in the dual enrollment program is the responsibility of the parent, custodian or legal guardian of the student. Transportation costs may be paid from any available public or private sources, including the local school district.
(7) School district average daily attendance credit. When dually enrolled, the student may be counted, for adequate education program funding purposes, in the average daily attendance of the public school district in which the student attends high school.
(8) High school student transcript transfer requirements. Grades and college credits earned by a student admitted to a dual credit program must be recorded on the high school student record and on the college transcript at the university or community or junior college where the student attends classes. The transcript of the university or community or junior college coursework may be released to another institution or applied toward college graduation requirements.
(9) Determining factor of prerequisites for dual enrollment courses. Each university and community or junior college participating in a dual enrollment program shall determine course prerequisites. Course prerequisites shall be the same for dual enrolled students as for regularly enrolled students at that university or community or junior college.
(10) Process for determining articulation of curriculum between high school, university, and community and junior college courses. All dual credit courses must meet the standards established at the postsecondary level. Postsecondary level developmental courses may not be considered as meeting the requirements of the dual credit program. Dual credit memorandum of understandings must be established between each postsecondary institution and the school district implementing a dual credit program.
(11) [Deleted]
(12) Eligible courses for dual credit programs. Courses eligible for dual credit include, but are not necessarily limited to, foreign languages, advanced math courses, advanced science courses, performing arts, advanced business and technology, and career and technical courses. Distance Learning Collaborative Program courses approved under Section 37-67-1 shall be fully eligible for dual credit. All courses being considered for dual credit must receive unconditional approval from the superintendent of the local school district and the chief instructional officer at the participating community or junior college or university in order for college credit to be awarded. A university or community or junior college shall make the final decision on what courses are eligible for semester hour credits.
(13) High school Carnegie unit equivalency. One (1) three-hour university or community or junior college course is equal to one (1) high school Carnegie unit.
(14) Course alignment. The universities, community and junior colleges and the State Department of Education shall periodically review their respective policies and assess the place of dual credit courses within the context of their traditional offerings.
(15) Maximum dual credits allowed. It is the intent of the dual enrollment program to make it possible for every eligible student who desires to earn a semester's worth of college credit in high school to do so. A qualified dually enrolled high school student must be allowed to earn an unlimited number of college or university credits for dual credit.
(16) Dual credit program allowances. A student may be granted credit delivered through the following means:
(a) Examination preparation taught at a high school by a qualified teacher. A student may receive credit at the secondary level after completion of an approved course and passing the standard examination, such as an Advanced Placement or International Baccalaureate course through which a high school student is allowed CLEP credit by making a three (3) or higher on the end-of-course examination.
(b) College or university courses taught at a high school or designated postsecondary site by a qualified teacher who is an employee of the school district and approved as an instructor by the collaborating college or university.
(c) College or university courses taught at a college, university or high school by an instructor employed by the college or university and approved by the collaborating school district.
(d) Online courses of any public university, community or junior college in Mississippi.
(17) Qualifications of dual credit instructors. A dual credit academic instructor must meet the requirements set forth by the regional accrediting association (Southern Association of College and Schools). University and community and junior college personnel have the sole authority in the selection of dual credit instructors.
A dual credit career and technical education instructor must meet the requirements set forth by the Mississippi Community College Board in the qualifications manual for postsecondary career and technical personnel.
(18) Guidance on local agreements. The Chief Academic Officer of the State Board of Trustees of State Institutions of Higher Learning and the Chief Instructional Officers of the Mississippi Community College Board and the State Department of Education, working collaboratively, shall develop a template to be used by the individual community and junior colleges and institutions of higher learning for consistent implementation of the dual enrollment program throughout the State of Mississippi.
(19) Mississippi Works
Dual Enrollment-Dual Credit Option. A local school board and the local
community colleges board shall establish a Mississippi Works Dual Enrollment-Dual
Credit Option Program under which potential or recent student dropouts may
dually enroll in their home school and a local community college in a dual
credit program consisting of high school completion coursework and a community
college credential, certificate or degree program. Students completing the
dual enrollment-credit option may obtain their high school diploma while
obtaining a community college credential, certificate or degree. The
Mississippi Department of Employment Security shall assist students who have
successfully completed the Mississippi Works Dual Enrollment-Dual Credit Option
in securing a job upon the application of the student or the participating
school or community college. The Mississippi Works Dual Enrollment-Dual Credit
Option Program will be implemented statewide in the 2012-2013 school year and
thereafter. The State Board of Education, local school board and the local
community college board shall establish criteria for the Dual Enrollment-Dual
Credit Program. Students enrolled in the program will not be eligible to
participate in interscholastic sports or other extracurricular activities at
the home school district. Tuition and costs for community college courses
offered under the Dual Enrollment-Dual Credit Program shall not be charged to
the student, parents or legal guardians. When dually enrolled, the student
shall be counted for Adequate Education Program funding purposes, in the
average daily attendance of the public school district in which the student
attends high school, as provided in Section 37-151-7(1)(a). Any transportation
required by the student to participate in the Dual Enrollment-Dual Credit Program
is the responsibility of the parent or legal guardian of the student, and
transportation costs may be paid from any available public or private sources,
including the local school district. Grades and college credits earned by a
student admitted to this Dual Enrollment-Dual Credit Program shall be recorded
on the high school student record and on the college transcript at the
community college and high school where the student attends classes. The
transcript of the community college coursework may be released to another
institution or applied toward college graduation requirements. Any course that
is * * * a requirement for graduation from a public
school in Mississippi is eligible for dual credit, and courses eligible for
dual credit shall also include career, technical and degree program courses.
All courses eligible for dual credit shall be approved by the superintendent of
the local school district and the chief instructional officer at the
participating community college in order for college credit to be awarded. A
community college shall make the final decision on what courses are eligible
for semester hour credits and the local school superintendent, subject to
approval by the Mississippi Department of Education, shall make the final
decision on the transfer of college courses credited to the student's high
school transcript.
SECTION 12. Section 37-17-6, Mississippi Code of 1972, is amended as follows:
37-17-6. (1) The State Board of Education, acting through the Commission on School Accreditation, shall establish and implement a permanent performance-based accreditation system, and all noncharter public elementary and secondary schools shall be accredited under this system.
(2) * * * The State Board of
Education, acting through the Commission on School Accreditation, shall require
school districts to provide school classroom space that is air-conditioned as a
minimum requirement for accreditation.
(3) (a) * * *
The State Board of Education, acting through the Commission on School Accreditation,
shall require that school districts employ * * * licensed school librarians according
to the following formula:
Number of Students Number
of * * *
Licensed
Per School Library School Librarians
0 - 499 Students 1/2 Full-time Equivalent
* * * Licensed Librarian
500 or More Students 1
Full-time * * *
Licensed
Librarian
(b) The State Board of Education, however, may increase the number of positions beyond the above requirements.
(c) The assignment of * * * licensed school librarians to the
particular schools shall be at the discretion of the local school district. No
individual shall be employed as a * * * licensed school librarian without
appropriate training and * * *certification licensed as a school librarian by the State
Department of Education.
(d) School librarians in the district shall spend at least fifty percent (50%) of direct work time in a school library and shall devote no more than one-fourth (1/4) of the workday to administrative activities that are library related.
(e) Nothing in this subsection
shall prohibit any school district from employing more * * * licensed school librarians than
are provided for in this section.
(f) Any additional millage levied to fund school librarians required for accreditation under this subsection shall be included in the tax increase limitation set forth in Sections 37-57-105 and 37-57-107 and shall not be deemed a new program for purposes of the limitation.
(4) On or before December 31, 2002, the State Board of Education shall implement the performance-based accreditation system for school districts and for individual noncharter public schools which shall include the following:
(a) High expectations for students and high standards for all schools, with a focus on the basic curriculum;
(b) Strong accountability for results with appropriate local flexibility for local implementation;
(c) A process to implement accountability at both the school district level and the school level;
(d) Individual schools shall be held accountable for student growth and performance;
(e) Set annual performance standards for each of the schools of the state and measure the performance of each school against itself through the standard that has been set for it;
(f) A determination of which schools exceed their standards and a plan for providing recognition and rewards to those schools;
(g) A determination of
which schools are failing to meet their standards and a determination of the appropriate
role of the State Board of Education and the State Department of Education in providing
assistance and initiating possible intervention. A failing district is a district
that fails to meet both the absolute student achievement standards and the rate
of annual growth expectation standards as set by the State Board of Education for
two (2) consecutive years. The State Board of Education shall establish the level
of benchmarks by which absolute student achievement and growth expectations shall
be assessed. In setting the benchmarks for school districts, the State Board of
Education may also take into account such factors as graduation rates, dropout rates,
completion rates, the extent to which the school or district employs qualified teachers
in every classroom, and any other factors deemed appropriate by the State Board
of Education. The State Board of Education, acting through the State Department
of Education, shall apply a simple "A," "B," "C,"
"D" and "F" designation to the current school and school district
statewide accountability performance classification labels beginning with the State
Accountability Results for the 2011-2012 school year and following, and in the school,
district and state report cards required under state and federal law. Under the
new designations, a school or school district that has earned a "Star"
rating shall be designated an "A" school or school district; a school
or school district that has earned a "High-Performing" rating shall be
designated a "B" school or school district; a school or school district
that has earned a "Successful" rating shall be designated a "C"
school or school district; a school or school district that has earned an "Academic
Watch" rating shall be designated a "D" school or school district;
a school or school district that has earned a "Low-Performing," "At-Risk
of Failing" or "Failing" rating shall be designated an "F"
school or school district. Effective with the implementation of any new curriculum
and assessment standards, the State Board of Education, acting through the State
Department of Education, is further authorized and directed to change the school
and school district accreditation rating system to a simple "A," "B,"
"C," "D," and "F" designation based on a combination
of student achievement scores and student growth * * *. In any statute or regulation containing the former accreditation
designations, the new designations shall be applicable;
(h) Development of a comprehensive student assessment system to implement these requirements; and
(i) The State Board of Education may, based on a written request that contains specific reasons for requesting a waiver from the school districts affected by Hurricane Katrina of 2005, hold harmless school districts from assignment of district and school level accountability ratings for the 2005-2006 school year. The State Board of Education upon finding an extreme hardship in the school district may grant the request. It is the intent of the Legislature that all school districts maintain the highest possible academic standards and instructional programs in all schools as required by law and the State Board of Education.
(5) (a) Effective with the 2013-2014 school year, the State Department of Education, acting through the Mississippi Commission on School Accreditation, shall revise and implement a single "A" through "F" school and school district accountability system complying with applicable federal and state requirements in order to reach the following educational goals:
(i) To mobilize resources and supplies to ensure that all students exit third grade reading on grade level by 2015;
(ii) To reduce the
student dropout rate to thirteen percent (13%) by 2015 * * *
.
(b) The State Department of Education shall combine the state school and school district accountability system with the federal system in order to have a single system.
(c) The State Department of Education shall establish five (5) performance categories ("A," "B," "C," "D" and "F") for the accountability system based on the following criteria:
(i) Student Achievement * * *;
(ii) Individual student
growth * * *
with an emphasis on the progress of the lowest twenty-five percent (25%) of students
in the school or district;
(iii) Four-year graduation rate: the percent of students graduating with a standard high school diploma in four (4) years, as defined by federal regulations;
(iv) Categories shall identify schools as Reward ("A" schools), Focus ("D" schools) and Priority ("F" schools). If at least five percent (5%) of schools in the state are not graded as "F" schools, the lowest five percent (5%) of school grade point designees will be identified as Priority schools. If at least ten percent (10%) of schools in the state are not graded as "D" schools, the lowest ten percent (10%) of school grade point designees will be identified as Focus schools;
(v) The State Department of Education shall discontinue the use of Star School, High-Performing, Successful, Academic Watch, Low-Performing, At-Risk of Failing and Failing school accountability designations;
(vi) The system shall include the federally compliant four-year graduation rate in school and school district accountability system calculations. Graduation rate will apply to high school and school district accountability ratings as a compensatory component. The system shall discontinue the use of the High School Completer Index (HSCI);
(vii) The school and school district accountability system shall incorporate a standards-based growth model, in order to support improvement of individual student learning;
(viii) The State Department of Education shall discontinue the use of the Quality Distribution Index (QDI);
(ix) * * *
Standards for student, school and school district performance will be
increased when student proficiency is at a seventy-five percent (75%) and/or when
sixty-five percent (65%) of the schools and/or school districts are earning a grade
of "B" or higher, in order to raise the standard on performance after
targets are met;
( * * *x) The system shall include student performance
on the administration of a career-readiness assessment, such as, but not limited
to, the ACT WorkKeys Assessment, deemed appropriate by the Mississippi Department
of Education working in coordination with the Office of Workforce Development.
(6) Nothing in this section shall be deemed to require a nonpublic school that receives no local, state or federal funds for support to become accredited by the State Board of Education.
(7) The State Board of Education shall create an accreditation audit unit under the Commission on School Accreditation to determine whether schools are complying with accreditation standards.
(8) The State Board of Education shall be specifically authorized and empowered to withhold adequate education program fund allocations, whichever is applicable, to any public school district for failure to timely report student, school personnel and fiscal data necessary to meet state and/or federal requirements.
(9) [Deleted]
(10) The State Board of Education shall establish, for those school districts failing to meet accreditation standards, a program of development to be complied with in order to receive state funds, except as otherwise provided in subsection (15) of this section when the Governor has declared a state of emergency in a school district or as otherwise provided in Section 206, Mississippi Constitution of 1890. The state board, in establishing these standards, shall provide for notice to schools and sufficient time and aid to enable schools to attempt to meet these standards, unless procedures under subsection (15) of this section have been invoked.
(11) Beginning July 1, 1998, the State Board of Education shall be charged with the implementation of the program of development in each applicable school district as follows:
(a) Develop an impairment report for each district failing to meet accreditation standards in conjunction with school district officials;
(b) Notify any applicable school district failing to meet accreditation standards that it is on probation until corrective actions are taken or until the deficiencies have been removed. The local school district shall develop a corrective action plan to improve its deficiencies. For district academic deficiencies, the corrective action plan for each such school district shall be based upon a complete analysis of the following: student test data, student grades, student attendance reports, student dropout data, existence and other relevant data. The corrective action plan shall describe the specific measures to be taken by the particular school district and school to improve: (i) instruction; (ii) curriculum; (iii) professional development; (iv) personnel and classroom organization; (v) student incentives for performance; (vi) process deficiencies; and (vii) reporting to the local school board, parents and the community. The corrective action plan shall describe the specific individuals responsible for implementing each component of the recommendation and how each will be evaluated. All corrective action plans shall be provided to the State Board of Education as may be required. The decision of the State Board of Education establishing the probationary period of time shall be final;
(c) Offer, during the probationary period, technical assistance to the school district in making corrective actions. Beginning July 1, 1998, subject to the availability of funds, the State Department of Education shall provide technical and/or financial assistance to all such school districts in order to implement each measure identified in that district's corrective action plan through professional development and on-site assistance. Each such school district shall apply for and utilize all available federal funding in order to support its corrective action plan in addition to state funds made available under this paragraph;
(d) Assign department personnel or contract, in its discretion, with the institutions of higher learning or other appropriate private entities with experience in the academic, finance and other operational functions of schools to assist school districts;
(e) Provide for publication of public notice at least one time during the probationary period, in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The publication shall include the following: declaration of school system's status as being on probation; all details relating to the impairment report; and other information as the State Board of Education deems appropriate. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.
(12) (a) If the recommendations for corrective action are not taken by the local school district or if the deficiencies are not removed by the end of the probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn. Additionally, if the local school district violates accreditation standards that have been determined by the policies and procedures of the State Board of Education to be a basis for withdrawal of school district's accreditation without a probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn. After its consideration of the results of the hearing, the Commission on School Accreditation shall be authorized, with the approval of the State Board of Education, to withdraw the accreditation of a public school district, and issue a request to the Governor that a state of emergency be declared in that district.
(b) If the State Board of Education and the Commission on School Accreditation determine that an extreme emergency situation exists in a school district that jeopardizes the safety, security or educational interests of the children enrolled in the schools in that district and that emergency situation is believed to be related to a serious violation or violations of accreditation standards or state or federal law, or when a school district meets the State Board of Education's definition of a failing school district for two (2) consecutive full school years, or if more than fifty percent (50%) of the schools within the school district are designated as Schools At-Risk in any one (1) year, the State Board of Education may request the Governor to declare a state of emergency in that school district. For purposes of this paragraph, the declarations of a state of emergency shall not be limited to those instances when a school district's impairments are related to a lack of financial resources, but also shall include serious failure to meet minimum academic standards, as evidenced by a continued pattern of poor student performance.
(c) Whenever the Governor declares a state of emergency in a school district in response to a request made under paragraph (a) or (b) of this subsection, the State Board of Education may take one or more of the following actions:
(i) Declare a state of emergency, under which some or all of state funds can be escrowed except as otherwise provided in Section 206, Constitution of 1890, until the board determines corrective actions are being taken or the deficiencies have been removed, or that the needs of students warrant the release of funds. The funds may be released from escrow for any program which the board determines to have been restored to standard even though the state of emergency may not as yet be terminated for the district as a whole;
(ii) Override any decision of the local school board or superintendent of education, or both, concerning the management and operation of the school district, or initiate and make decisions concerning the management and operation of the school district;
(iii) Assign an interim superintendent, or in its discretion, contract with a private entity with experience in the academic, finance and other operational functions of schools and school districts, who will have those powers and duties prescribed in subsection (15) of this section;
(iv) Grant transfers to students who attend this school district so that they may attend other accredited schools or districts in a manner that is not in violation of state or federal law;
(v) For states of emergency declared under paragraph (a) only, if the accreditation deficiencies are related to the fact that the school district is too small, with too few resources, to meet the required standards and if another school district is willing to accept those students, abolish that district and assign that territory to another school district or districts. If the school district has proposed a voluntary consolidation with another school district or districts, then if the State Board of Education finds that it is in the best interest of the pupils of the district for the consolidation to proceed, the voluntary consolidation shall have priority over any such assignment of territory by the State Board of Education;
(vi) For states of emergency declared under paragraph (b) only, reduce local supplements paid to school district employees, including, but not limited to, instructional personnel, assistant teachers and extracurricular activities personnel, if the district's impairment is related to a lack of financial resources, but only to an extent that will result in the salaries being comparable to districts similarly situated, as determined by the State Board of Education;
(vii) For states of emergency declared under paragraph (b) only, the State Board of Education may take any action as prescribed in Section 37-17-13.
(d) At the time that satisfactory corrective action has been taken in a school district in which a state of emergency has been declared, the State Board of Education may request the Governor to declare that the state of emergency no longer exists in the district.
(e) The parent or legal guardian of a school-age child who is enrolled in a school district whose accreditation has been withdrawn by the Commission on School Accreditation and without approval of that school district may file a petition in writing to a school district accredited by the Commission on School Accreditation for a legal transfer. The school district accredited by the Commission on School Accreditation may grant the transfer according to the procedures of Section 37-15-31(1)(b). In the event the accreditation of the student's home district is restored after a transfer has been approved, the student may continue to attend the transferee school district. The per-pupil amount of the adequate education program allotment, including the collective "add-on program" costs for the student's home school district shall be transferred monthly to the school district accredited by the Commission on School Accreditation that has granted the transfer of the school-age child.
(f) Upon the declaration of a state of emergency for any school district in which the Governor has previously declared a state of emergency, the State Board of Education may either:
(i) Place the school district into district transformation, in which the school district shall remain until it has fulfilled all conditions related to district transformation. If the district was assigned an accreditation rating of "D" or "F" when placed into district transformation, the district shall be eligible to return to local control when the school district has attained a "C" rating or higher for five (5) consecutive years, unless the State Board of Education determines that the district is eligible to return to local control in less than the five-year period;
(ii) Abolish the school district and administratively consolidate the school district with one or more existing school districts;
(iii) Reduce the size of the district and administratively consolidate parts of the district, as determined by the State Board of Education. However, no school district which is not in district transformation shall be required to accept additional territory over the objection of the district; or
(iv) Require the school district to develop and implement a district improvement plan with prescriptive guidance and support from the State Department of Education, with the goal of helping the district improve student achievement. Failure of the school board, superintendent and school district staff to implement the plan with fidelity and participate in the activities provided as support by the department shall result in the school district retaining its eligibility for district transformation.
(g) There is established a Mississippi Recovery School District within the State Department of Education under the supervision of a deputy superintendent appointed by the State Superintendent of Public Education, who is subject to the approval by the State Board of Education. The Mississippi Recovery School District shall provide leadership and oversight of all school districts that are subject to district transformation status, as defined in Chapters 17 and 18, Title 37, Mississippi Code of 1972, and shall have all the authority granted under these two (2) chapters. The Mississippi Department of Education, with the approval of the State Board of Education, shall develop policies for the operation and management of the Mississippi Recovery School District. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall be authorized to oversee the administration of the Mississippi Recovery School District, oversee the interim superintendent assigned by the State Board of Education to a local school district, hear appeals that would normally be filed by students, parents or employees and heard by a local school board, which hearings on appeal shall be conducted in a prompt and timely manner in the school district from which the appeal originated in order to ensure the ability of appellants, other parties and witnesses to appeal without undue burden of travel costs or loss of time from work, and perform other related duties as assigned by the State Superintendent of Public Education. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall determine, based on rigorous professional qualifications set by the State Board of Education, the appropriate individuals to be engaged to be interim superintendents and financial advisors, if applicable, of all school districts subject to district transformation status. After State Board of Education approval, these individuals shall be deemed independent contractors.
(13) Upon the declaration of a state of emergency in a school district under subsection (12) of this section, the Commission on School Accreditation shall be responsible for public notice at least once a week for at least three (3) consecutive weeks in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The size of the notice shall be no smaller than one-fourth (1/4) of a standard newspaper page and shall be printed in bold print. If an interim superintendent has been appointed for the school district, the notice shall begin as follows: "By authority of Section 37-17-6, Mississippi Code of 1972, as amended, adopted by the Mississippi Legislature during the 1991 Regular Session, this school district (name of school district) is hereby placed under the jurisdiction of the State Department of Education acting through its appointed interim superintendent (name of interim superintendent)."
The notice also shall include, in the discretion of the State Board of Education, any or all details relating to the school district's emergency status, including the declaration of a state of emergency in the school district and a description of the district's impairment deficiencies, conditions of any district transformation status and corrective actions recommended and being taken. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.
Upon termination of the state of emergency in a school district, the Commission on School Accreditation shall cause notice to be published in the school district in the same manner provided in this section, to include any or all details relating to the corrective action taken in the school district that resulted in the termination of the state of emergency.
(14) The State Board of Education or the Commission on School Accreditation shall have the authority to require school districts to produce the necessary reports, correspondence, financial statements, and any other documents and information necessary to fulfill the requirements of this section.
Nothing in this section shall be construed to grant any individual, corporation, board or interim superintendent the authority to levy taxes except in accordance with presently existing statutory provisions.
(15) (a) Whenever the Governor declares a state of emergency in a school district in response to a request made under subsection (12) of this section, the State Board of Education, in its discretion, may assign an interim superintendent to the school district, or in its discretion, may contract with an appropriate private entity with experience in the academic, finance and other operational functions of schools and school districts, who will be responsible for the administration, management and operation of the school district, including, but not limited to, the following activities:
(i) Approving or disapproving all financial obligations of the district, including, but not limited to, the employment, termination, nonrenewal and reassignment of all licensed and nonlicensed personnel, contractual agreements and purchase orders, and approving or disapproving all claim dockets and the issuance of checks; in approving or disapproving employment contracts of superintendents, assistant superintendents or principals, the interim superintendent shall not be required to comply with the time limitations prescribed in Sections 37-9-15 and 37-9-105;
(ii) Supervising the day-to-day activities of the district's staff, including reassigning the duties and responsibilities of personnel in a manner which, in the determination of the interim superintendent, will best suit the needs of the district;
(iii) Reviewing the district's total financial obligations and operations and making recommendations to the district for cost savings, including, but not limited to, reassigning the duties and responsibilities of staff;
(iv) Attending all meetings of the district's school board and administrative staff;
(v) Approving or disapproving all athletic, band and other extracurricular activities and any matters related to those activities;
(vi) Maintaining a detailed account of recommendations made to the district and actions taken in response to those recommendations;
(vii) Reporting periodically to the State Board of Education on the progress or lack of progress being made in the district to improve the district's impairments during the state of emergency; and
(viii) Appointing a parent advisory committee, comprised of parents of students in the school district that may make recommendations to the interim superintendent concerning the administration, management and operation of the school district.
The cost of the salary of the interim superintendent and any other actual and necessary costs related to district transformation status paid by the State Department of Education shall be reimbursed by the local school district from funds other than adequate education program funds. The department shall submit an itemized statement to the superintendent of the local school district for reimbursement purposes, and any unpaid balance may be withheld from the district's adequate education program funds.
At the time that the Governor, in accordance with the request of the State Board of Education, declares that the state of emergency no longer exists in a school district, the powers and responsibilities of the interim superintendent assigned to the district shall cease.
(b) In order to provide loans to school districts under a state of emergency or in district transformation status that have impairments related to a lack of financial resources, the School District Emergency Assistance Fund is created as a special fund in the State Treasury into which monies may be transferred or appropriated by the Legislature from any available public education funds. Funds in the School District Emergency Assistance Fund up to a maximum balance of Three Million Dollars ($3,000,000.00) annually shall not lapse but shall be available for expenditure in subsequent years subject to approval of the State Board of Education. Any amount in the fund in excess of Three Million Dollars ($3,000,000.00) at the end of the fiscal year shall lapse into the State General Fund or the Education Enhancement Fund, depending on the source of the fund.
The State Board of Education may loan monies from the School District Emergency Assistance Fund to a school district that is under a state of emergency or in district transformation status, in those amounts, as determined by the board, that are necessary to correct the district's impairments related to a lack of financial resources. The loans shall be evidenced by an agreement between the school district and the State Board of Education and shall be repayable in principal, without necessity of interest, to the School District Emergency Assistance Fund by the school district from any allowable funds that are available. The total amount loaned to the district shall be due and payable within five (5) years after the impairments related to a lack of financial resources are corrected. If a school district fails to make payments on the loan in accordance with the terms of the agreement between the district and the State Board of Education, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may withhold that district's adequate education program funds in an amount and manner that will effectuate repayment consistent with the terms of the agreement; the funds withheld by the department shall be deposited into the School District Emergency Assistance Fund.
The State Board of Education shall develop a protocol that will outline the performance standards and requisite timeline deemed necessary for extreme emergency measures. If the State Board of Education determines that an extreme emergency exists, simultaneous with the powers exercised in this subsection, it shall take immediate action against all parties responsible for the affected school districts having been determined to be in an extreme emergency. The action shall include, but not be limited to, initiating civil actions to recover funds and criminal actions to account for criminal activity. Any funds recovered by the State Auditor or the State Board of Education from the surety bonds of school officials or from any civil action brought under this subsection shall be applied toward the repayment of any loan made to a school district hereunder.
(16) If a majority of the membership of the school board of any school district resigns from office, the State Board of Education shall be authorized to assign an interim superintendent, who shall be responsible for the administration, management and operation of the school district until the time as new board members are selected or the Governor declares a state of emergency in that school district under subsection (12), whichever occurs first. In that case, the State Board of Education, acting through the interim superintendent, shall have all powers which were held by the previously existing school board, and may take any action as prescribed in Section 37-17-13 and/or one or more of the actions authorized in this section.
(17) (a) If the Governor declares a state of emergency in a school district, the State Board of Education may take all such action pertaining to that school district as is authorized under subsection (12) or (15) of this section, including the appointment of an interim superintendent. The State Board of Education shall also have the authority to issue a written request with documentation to the Governor asking that the office of the superintendent of the school district be subject to recall. If the Governor declares that the office of the superintendent of the school district is subject to recall, the local school board or the county election commission, as the case may be, shall take the following action:
(i) If the office of superintendent is an elected office, in those years in which there is no general election, the name shall be submitted by the State Board of Education to the county election commission, and the county election commission shall submit the question at a special election to the voters eligible to vote for the office of superintendent within the county, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Shall County Superintendent of Education ________ (here the name of the superintendent shall be inserted) of the ____________ (here the title of the school district shall be inserted) be retained in office? Yes _______ No _______"
If a majority of those voting on the question votes against retaining the superintendent in office, a vacancy shall exist which shall be filled in the manner provided by law; otherwise, the superintendent shall remain in office for the term of that office, and at the expiration of the term shall be eligible for qualification and election to another term or terms.
(ii) If the office of superintendent is an appointive office, the name of the superintendent shall be submitted by the president of the local school board at the next regular meeting of the school board for retention in office or dismissal from office. If a majority of the school board voting on the question vote against retaining the superintendent in office, a vacancy shall exist which shall be filled as provided by law, otherwise the superintendent shall remain in office for the duration of his employment contract.
(b) The State Board of Education may issue a written request with documentation to the Governor asking that the membership of the school board of the school district shall be subject to recall. Whenever the Governor declares that the membership of the school board is subject to recall, the county election commission or the local governing authorities, as the case may be, shall take the following action:
(i) If the members of the local school board are elected to office, in those years in which the specific member's office is not up for election, the name of the school board member shall be submitted by the State Board of Education to the county election commission, and the county election commission at a special election shall submit the question to the voters eligible to vote for the particular member's office within the county or school district, as the case may be, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Members of the ______________ (here the title of the school district shall be inserted) School Board who are not up for election this year are subject to recall because of the school district's failure to meet critical accountability standards as defined in the letter of notification to the Governor from the State Board of Education. Shall the member of the school board representing this area, ____________ (here the name of the school board member holding the office shall be inserted), be retained in office? Yes _______ No _______"
If a majority of those voting on the question vote against retaining the member of the school board in office, a vacancy in that board member's office shall exist, which shall be filled in the manner provided by law; otherwise, the school board member shall remain in office for the term of that office, and at the expiration of the term of office, the member shall be eligible for qualification and election to another term or terms of office. However, if a majority of the school board members are recalled in the special election, the Governor shall authorize the board of supervisors of the county in which the school district is situated to appoint members to fill the offices of the members recalled. The board of supervisors shall make those appointments in the manner provided by law for filling vacancies on the school board, and the appointed members shall serve until the office is filled at the next regular special election or general election.
(ii) If the local school board is an appointed school board, the name of all school board members shall be submitted as a collective board by the president of the municipal or county governing authority, as the case may be, at the next regular meeting of the governing authority for retention in office or dismissal from office. If a majority of the governing authority voting on the question vote against retaining the board in office, a vacancy shall exist in each school board member's office, which shall be filled as provided by law; otherwise, the members of the appointed school board shall remain in office for the duration of their term of appointment, and those members may be reappointed.
(iii) If the local school board is comprised of both elected and appointed members, the elected members shall be subject to recall in the manner provided in subparagraph (i) of this paragraph (b), and the appointed members shall be subject to recall in the manner provided in subparagraph (ii).
(18) Beginning with the school district audits conducted for the 1997-1998 fiscal year, the State Board of Education, acting through the Commission on School Accreditation, shall require each school district to comply with standards established by the State Department of Audit for the verification of fixed assets and the auditing of fixed assets records as a minimum requirement for accreditation.
(19) * * * The State Board of Education
shall recommend a program to the Education Committees of the House of Representatives
and the Senate for identifying and rewarding public schools that improve or are
high performing. The program shall be described by the board in a written report,
which shall include criteria and a process through which improving schools and high-performing
schools will be identified and rewarded.
The State Superintendent of Public
Education and the State Board of Education also shall develop a comprehensive accountability
plan to ensure that local school boards, superintendents, principals and teachers
are held accountable for student achievement. * * *
(20) Before January 1, 2008, the State Board of Education shall evaluate and submit a recommendation to the Education Committees of the House of Representatives and the Senate on inclusion of graduation rate and dropout rate in the school level accountability system.
(21) If a local school district is determined as failing and placed into district transformation status for reasons authorized by the provisions of this section, the interim superintendent appointed to the district shall, within forty-five (45) days after being appointed, present a detailed and structured corrective action plan to move the local school district out of district transformation status to the deputy superintendent. A copy of the interim superintendent's corrective action plan shall also be filed with the State Board of Education.
SECTION 13. Section 37-35-3, Mississippi Code of 1972, is amended as follows:
37-35-3. (1) The board of trustees of any school district, including any community/junior college, may establish and maintain classes for adults, including general educational development classes, under the regulations authorized in this chapter and pursuant to the standards prescribed in subsection (3). The property and facilities of the public school districts may be used for this purpose where such use does not conflict with uses already established.
(2) The trustees of any school district desiring to establish such program may request the taxing authority of the district to levy additional ad valorem taxes for the support of this program. The board of supervisors, in the case of a county school district, a special municipal separate school district, or a community/junior college district, and the governing authority of any municipality, in the case of a municipal separate school district, is authorized, in its discretion, to levy a tax not exceeding one (1) mill upon all the taxable property of the district for the support of this program. The tax shall be in addition to all other taxes authorized by law to be levied. In addition to the funds realized from any such levy, the board of trustees of any school district is authorized to use any surplus funds that it may have or that may be made available to it from local sources to supplement this program.
(3) (a) Any student participating
in an approved High School Equivalency Diploma Option program
administered by a local school district or a local school district with an
approved contractual agreement with a community/junior college or other local
entity shall not be considered a dropout. Students in such a program
administered by a local school district shall be considered as enrolled within
the school district of origin for the purpose of enrollment for * * * Adequate Education Program
funding only. Such students shall not be considered as enrolled in the regular
school program for academic or programmatic purposes.
(b) Students participating in an approved High School Equivalency Diploma Option program shall have an individual career plan developed at the time of placement to insure that the student's academic and job skill needs will be met. The Individual Career Plan will address, but is not limited to, the following:
(i) Academic/instructional needs of the student;
(ii) Job readiness needs of the student; and
(iii) Work experience program options available for the student.
(c) Students participating in an approved High School Equivalency Diploma Option program may participate in existing job and skills development programs or in similar programs developed in conjunction with the High School Equivalency Diploma Option program and the vocational director.
(d) High School
Equivalency Diploma Option programs may be operated by local school districts
or may be operated by two (2) or more adjacent school districts, pursuant to a
contract approved by the State Board of Education. When two (2) or more school
districts contract to operate a High School Equivalency Diploma Option
program, the school board of a district designated to be the lead district shall
serve as the governing board of the High School Equivalency Diploma
Option program. Transportation for students placed in the High School
Equivalency Diploma Option program shall be the responsibility of the school
district of origin. The expense of establishing, maintaining and operating
such High School Equivalency Diploma Option programs may be paid
from funds made available to the school district through contributions, * * * Adequate Education Program funds
or from local district maintenance funds.
(e) The State Department of Education will develop procedures and criteria for placement of a student in the High School Equivalency Diploma Option programs. Students placed in High School Equivalency Diploma Option programs shall have parental approval for such placement and must meet the following criteria:
(i) The student must be at least sixteen (16) years of age;
(ii) The student must be at least one (1) full grade level behind his or her ninth grade cohort or must have acquired less than four (4) Carnegie units;
(iii) The student must have taken every opportunity to continue to participate in coursework leading to a diploma; and
(iv) The student must be certified to be eligible to participate in the GED course by the school district superintendent, based on the developed criteria.
* * *
SECTION 14. Section 37-177-1, Mississippi Code of 1972, is amended 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 * * *, 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 15. Section 37-177-3, Mississippi Code of 1972, is amended 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; and
(e) Strategies for
parents and guardians to use in helping the student to succeed in reading
proficiency * * *
.
SECTION 16. Section 37-177-5, Mississippi Code of 1972, is amended 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 * * *
assessments * * *.
The panel should have knowledge and input in the adoption or development of a
universal screener * * * to identify reading deficiencies and determine progress. A
suggestive list of no less than four (4) screening assessments should be
available to schools * * *,
taking into consideration those screening assessments already being used
satisfactorily in Mississippi elementary schools. * * * The panel shall consist of six (6) members
as follows: the State Superintendent of Public 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 Public Education.
SECTION 17. Section 37-177-7, Mississippi Code of 1972, is amended 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 * * *
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 * * * State 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 18. Section 37-177-9, Mississippi Code of 1972, is amended 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.
* * *
SECTION 19. Section 37-177-11, Mississippi Code of 1972, is amended 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 * * *
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; and
* * *
( * * *c) 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 ( * * *c) 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 20. Section 37-177-17, Mississippi Code of 1972, is amended 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 retained in kindergarten
through Grade 8;
( * * *c) 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
( * * *d) 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 21. This act shall take effect and be in force from and after July 1, 2023.