House Bill 631

(As Passed the House)

AN ACT TO AMEND SECTION 37-16-3, MISSISSIPPI CODE OF 1972, TO REQUIRE LOCAL SCHOOL DISTRICTS TO USE ALLOWABLE TESTING ACCOMMODATIONS WHEN ADMINISTERING UNIFORM BASIC SKILLS TESTS TO ENSURE THAT THE TESTS ARE ADMINISTERED IN A MANNER CONSISTENT WITH PRESERVING THE INTEGRITY AND VALIDITY OF THE ASSESSMENT PROGRAM; TO REQUIRE THE SCHOOL BOARD OF EACH LOCAL SCHOOL DISTRICT TO ADOPT A UNIFORM GRADING POLICY BEFORE EACH SCHOOL YEAR; TO PRESCRIBE THE CRITERIA FOR THE GRADING POLICY ADOPTED BY THE SCHOOL BOARD; TO REQUIRE THE SCHOOL BOARD TO REQUIRE THE UNIFORM GRADING POLICY TO APPLY TO BOTH ELEMENTARY AND SECONDARY SCHOOLS IN THE DISTRICT AND TO ADOPT APPROPRIATE EQUIVALENTS THAT ARE REPRESENTATIVE OF THE AGE AND GRADE LEVEL CURRICULUM OF THE STUDENTS TO WHOM THE GRADING POLICY APPLIES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-16-3, Mississippi Code of 1972, is amended as follows:

37-16-3. (1) The State Department of Education is directed to implement a program of statewide assessment testing which shall provide for the improvement of the operation and management of the public schools. The statewide program shall be timed, as far as possible, so as not to conflict with ongoing district assessment programs. As part of the program, the department shall:

(a) Establish, with the approval of the State Board of Education, minimum performance standards related to the goals for education contained in the state's plan including, but not limited to, basic skills in reading, writing and mathematics. The minimum performance standards shall be approved by April 1 in each year they are established.

(b) Conduct a uniform statewide testing program in grades deemed appropriate. The program may test skill areas, basic skills and high school course content.

(c) Monitor the results of the assessment program and, at any time the composite student performance of a school or basic program is found to be below the established minimum standards, notify the district superintendent, the school principal and the school advisory committee or other existing parent group of the situation within thirty (30) days of its determination. The department shall further provide technical assistance to the district in the identification of the causes of this deficiency and shall recommend courses of action for its correction.

(d) Provide technical assistance to the school districts, when requested, in the development of student performance standards in addition to the established minimum statewide standards.

(e) Issue security procedure regulations providing for the security and integrity of the tests that are administered under the basic skills assessment program.

(2) Uniform basic skills tests shall be completed by each student in the appropriate grade. Local school districts shall use allowable testing accommodations when administering uniform basic skills tests to ensure that the tests are administered in a manner consistent with preserving the integrity and validity of the assessment program. In the event of excused or unexcused student absences, make-up tests shall be given. The school superintendent of every school district in the state shall annually certify to the State Department of Education that each student enrolled in the appropriate grade has completed the required basic skills assessment test for his or her grade.

SECTION 2. (1) The school board of each local school district shall adopt a uniform grading policy, including provisions for the assignment of grades on class assignments and examinations, before each school year. A district grading policy:

(a) Must require a classroom teacher to assign a grade that reflects the student's relative mastery of an assignment;

(b) May not require a classroom teacher to assign a minimum grade for an assignment without regard to the student's quality of work; and

(c) May allow a student a reasonable opportunity to make up or redo a class assignment or examination for which the student received a failing grade.

(2) When adopting a uniform grading policy, the local school board shall require the policy to be applied to both elementary and secondary schools. The school board shall not have any discretion in applying the uniform grading policy to secondary schools only. The school board shall adopt appropriate equivalents that are representative of the age and grade level curriculum of those students to whom the grading policy applies.

SECTION 3. This act shall take effect and be in force from and after July 1, 2010.