MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Education

By: Representative Dickson

House Bill 631

AN ACT TO CREATE THE "MIDDLE SCHOOL GRADES REFORM ACT"; TO PROVIDE THE LEGISLATIVE PURPOSE AND INTENT FOR ITS ENACTMENT; TO DEFINE CERTAIN TERMS USED IN THIS ACT; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO REVIEW CERTAIN ELEMENTS OF MIDDLE SCHOOL GRADES' READING AND LANGUAGE ARTS PROGRAMS; TO REQUIRE THE STATE SUPERINTENDENT OF PUBLIC EDUCATION TO MAKE RECOMMENDATIONS REGARDING THOSE PROGRAMS; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE RULES FOR THE IMPLEMENTATION OF THIS ACT; TO REQUIRE CERTAIN PUBLIC MIDDLE SCHOOLS TO INCORPORATE A RIGOROUS READING REQUIREMENT FOR THOSE PROGRAMS AS THE PRIMARY COMPONENT OF THEIR SCHOOL IMPROVEMENT PLAN; TO PRESCRIBE THE COMPONENTS THAT MUST BE INCLUDED IN THE RIGOROUS READING REQUIREMENT; TO ESTABLISH THE PROCEDURES TO BE FOLLOWED BY MIDDLE SCHOOLS IMPLEMENTING THE REQUIREMENT; TO REQUIRE THE DEPARTMENT TO CONDUCT A STUDY ON METHODS OF IMPROVING THE ACADEMIC PERFORMANCE OF MIDDLE SCHOOL STUDENTS AND SCHOOLS; TO REQUIRE THE STATE SUPERINTENDENT TO MAKE A LEGISLATIVE REPORT ON THE FINDINGS OF THAT STUDY BY DECEMBER 1, 2011; TO REQUIRE PRINCIPALS OF MIDDLE SCHOOLS TO DESIGNATE A CERTIFIED STAFF MEMBER TO DEVELOP AND ADMINISTER A PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN FOR CERTAIN STUDENTS; TO ESTABLISH WHAT MUST BE INCLUDED IN THE SUCCESS PLAN; TO REQUIRE THAT THE SUCCESS PLAN BE INCORPORATED INTO CERTAIN OTHER INDIVIDUAL STUDENT PLANS REQUIRED BY FEDERAL OR STATE LAW; TO REQUIRE THE DEPARTMENT TO PROVIDE TECHNICAL ASSISTANCE TO CERTAIN SCHOOL ENTITIES FOR THE IMPLEMENTATION OF THE RIGOROUS READING REQUIREMENT AND DEVELOPMENT OF PERSONALIZED MIDDLE SCHOOL SUCCESS PLANS; TO PROVIDE THAT THIS ACT SHALL NOT BE CONSTRUED TO ABROGATE OR AFFECT THE READING SUFFICIENCY PROGRAM; TO AMEND SECTIONS 37-3-97, 37-9-213, 37-18-5 AND 37-23-195, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Middle School Grades Reform Act."

SECTION 2. The purpose of this act is to provide added focus and rigor to academics in the middle school grades. Using reading as the foundation, all middle school students should receive rigorous academic instruction through challenging curricula delivered by highly qualified teachers in schools with outstanding leadership, which schools are supported by engaged and informed parents. It is the intent of the Legislature that students promoted from Grade 8 will be ready for success in high school.

SECTION 3. As used in this act, the following words shall have the meaning ascribed in this section, unless the context requires otherwise:

(a) "Board" means the State Board of Education.

(b) "Department" means the State Department of Education.

(c) "Low-performing student" means any student in Grades 6, 7 or 8, who has scored at or below the third highest level on the Mississippi Curriculum Test during the previous school year.

(d) "MCT" means the Mississippi Curriculum Test.

(e) "Middle school grades" means Grades 6, 7 and 8.

(f) "Superintendent" means the State Superintendent of Public Education.

SECTION 4. The State Department of Education, through the Office of Reading, Early Childhood and Language Arts, shall review course offerings, teacher qualifications, instructional materials and teaching practices used in reading and language arts programs in the middle school grades. The department shall consult with the Barksdale Reading Institutes at the University of Mississippi and Delta State University, the Mississippi Reading Association, reading researchers, reading specialists and local school district curriculum directors in the development of findings and recommendations. The State Superintendent of Public Education shall make recommendations to the State Board of Education regarding changes to reading and language arts curricula in the middle school grades based on research—based proven effective programs. The State Board of Education shall adopt rules based upon the superintendent's recommendations no later than March 1, 2012. Implementation of new or revised reading and language arts courses in all middle school grades shall be phased in beginning no later than the 2012—2013 school year with completion no later than the 2015—2016 school year.

SECTION 5. (1) Beginning with the 2012—2013 school year, each public school serving middle school students, including charter schools, with fewer than seventy-five percent (75%) of its students reading at or above grade level in Grade 6, 7 or 8 as measured by a student scoring at or above the third highest level on the Mississippi Curriculum Test during the previous school year, shall incorporate by October 1 a rigorous reading requirement for reading and language arts programs as the primary component of its school improvement plan. The department shall annually provide to each local school board by June 30 a list of its schools that are required to incorporate a rigorous reading requirement as the primary component of the school's improvement plan. The department shall provide technical assistance to school districts and school administrators required to implement the rigorous reading requirement.

(2) The purpose of the rigorous reading requirement is to assist each student who is not reading at or above his or her appropriate grade level to do so before entering high school. The rigorous reading requirement must include, for a middle school's low-performing student population, specific areas that address:

(a) Phonemic awareness, phonics, fluency, comprehension and vocabulary;

(b) The desired levels of performance in those areas; and

The school shall use research—based reading activities that have been shown to be successful in teaching reading to low-performing students.

(3) Schools required to implement the rigorous reading requirement must provide quarterly reports to the local school superintendent on the progress of students toward increased reading achievement.

(4) The results of implementation of a school's rigorous reading requirement shall be used as part of the annual evaluation of the school's instructional personnel and school administrators as authorized by Section 37-9-213, and included in the teacher education data report required by Section 37-3-97.

SECTION 6. (1) The department shall conduct a study on how the overall academic performance of middle school students and schools can be improved. The department shall consult with the Barksdale Reading Institutes at the University of Mississippi and Delta State University, the Mississippi Reading Association, reading researchers, reading specialists and key education stakeholders, including local school board members, local school superintendents, principals, parents, teachers, district curriculum directors and students across the state, in the development of its findings and recommendations.

(2) The department shall review, at a minimum, each of the following elements:

(a) Academic expectations which include, but are not limited to:

(i) Alignment of middle school expectations with elementary and high school graduation requirements;

(ii) Best practices to improve reading and language arts courses based on research-based programs for middle school students in alignment with the standards of the Mississippi Reading Reform Model (MRRM);

(iii) Strategies that focus on improving academic success for low-performing students;

(iv) Rigor of curricula and courses;

(v) Instructional materials;

(vi) Course enrollment by middle school students;

(vii) Student support services; and

(viii) Measurement and reporting of student achievement;

          (b)  Attendance policies and student mobility issues;

          (c)  Teacher quality which includes, but is not limited to:

              (i)  Preparedness of teachers to teach rigorous courses to middle school students;

              (ii)  Teacher evaluations;

              (iii)  Substitute teachers;

              (iv)  Certification and recertification requirements;

              (v)  Staff development requirements;

              (vi)  Availability of effective staff development training;

              (vii)  Teacher recruitment and vacancy issues; and

              (viii)  Federal requirements for highly qualified teachers under the No Child Left Behind Act of 2001 [Public Law No. 107-110 (January 8, 2002)];

          (d)  Identification and availability of diagnostic testing;

          (e)  Availability of personnel and scheduling issues;

          (f)  Middle school leadership and performance; and

          (g)  Parental and community involvement.

     (3)  By December 1, 2011, the State Superintendent of Public Education shall submit to the President of the Senate, the Speaker of the House of Representatives, the Chairmen of the House and Senate Education Committees and the State Board of Education recommendations to increase the academic performance of middle school students and schools.

     SECTION 7.  (1)  Beginning with the 2011-2012 school year, each principal of a school with a middle school grade shall designate certified staff members at the school to develop and administer a personalized middle school success plan for each student entering Grade 6 who scored below the third highest level in reading on the most recently administered MCT.  The purpose of the success plan is to assist the student in meeting state and school district expectations in academic proficiency and to prepare the student for a rigorous high school curriculum.  The success plan shall be developed in collaboration with the student and his or her parent and must be implemented until the student completes Grade 8 or achieves a score at or above the third highest level in reading on the MCT, whichever occurs first.  The success plan must minimize paperwork and may be incorporated into a parent-teacher conference, included as part of a progress report or report card, included as part of a general orientation at the beginning of the school year, or provided by electronic mail or other written correspondence.

     (2)  The personalized middle school success plan must:

          (a)  Identify educational goals and intermediate benchmarks for the student in the core curriculum areas that will prepare the student for high school;

          (b)  Be based upon academic performance data and an identification of the student's strengths and weaknesses;

          (c)  Include academic intervention strategies with frequent progress monitoring; and

          (d)  Provide innovative methods to promote the student's advancement which may include, but not be limited to, flexible scheduling, tutoring, focus on core curricula, online instruction, an alternative learning environment, or other interventions that have been shown to accelerate the learning process.

     (3)  The personalized middle school success plan shall be incorporated into any individual student plan required by federal or state law, including the academic school improvement plan required by Section 37-18-5, an individual education plan (IEP) for a student with disabilities or a federal 504 Plan, as required under Section 37-23-195.

     (4)  The State Department of Education shall provide technical assistance for districts, school administrators, and instructional personnel regarding the development of personalized middle school success plans.  The assistance shall include strategies and techniques designed to maximize interaction between students, parents, teachers, and other instructional and administrative staff while minimizing paperwork.

     SECTION 8.  Nothing contained in this act shall be construed to abrogate or affect, in any manner, the administration of the Reading Sufficiency Program of Instruction implemented under the authority of Section 37-13-10; however, the provisions of this act may be used in conjunction with that program to enhance the method of instruction used to enable low-performing students to acquire the appropriate grade level of reading skills.

SECTION 9. Section 37-3-97, Mississippi Code of 1972, is amended as follows:

37-3-97. (1) The State Department of Education and the Board of Trustees of State Institutions of Higher Learning shall prepare jointly an annual report for the Legislature and Governor to be submitted before December 1 of each year beginning in 2006. The report shall be a compilation of existing data that may be used to create a rating system that measures the performance of the teacher education programs in the state.

(2) Beginning with the annual report to be submitted in 2012, and each year thereafter, the State Department of Education shall include in its report a compilation of data on all middle schools required to implement a rigorous reading requirement, as required by Section 5 of this act.

SECTION 10. Section 37-9-213, Mississippi Code of 1972, is amended as follows:

37-9-213. (1) The Mississippi Teacher Center shall be responsible for the regular and ongoing evaluation of the beginning teacher support program and may contract for the evaluation. The evaluation shall include, but not be limited to, assessments of the following:

(a) A survey and follow-up of all eligible mentor teachers and beginning teachers and appropriate district officials, to assess satisfaction with and the effectiveness of the beginning teacher support program;

(b) The amount and quality of the contact time between mentor teachers and beginning teachers;

(d) The effectiveness of the mentor program in enhancing the professional development and retention of new teachers in the district;

(e) The desirability of extending this assistance program to students participating in graduate level teacher preparation programs similar to those which have been proposed by the Board of Trustees of State Institutions of Higher Learning; and

(f) The desirability of extending this assistance program to all probationary teachers.

(2) The Mississippi Teacher Center shall be responsible for the regular and ongoing evaluation of teachers and administrators in middle schools that have been required to implement a rigorous reading requirement based on low-performing student assessments on the MCT, as required by Section 5 of this act.

SECTION 11. Section 37-18-5, Mississippi Code of 1972, is amended as follows:

37-18-5. (1) Based on the findings of the evaluation report and the results of the public meeting, the State Department of Education and the evaluation team leader shall assist the school principal and other local school officials in the development of a school improvement plan to improve its deficiencies. A local parents/citizens advisory council shall be established by the evaluation team at the school in order to provide input and guidance into the development of the school improvement plan and its evaluation during the implementation period. Local parent-teacher associations and other community-based organizations shall have input in the selection of the parents/citizens advisory council. Where no active local parent-teacher group exists, the State Department of Education may request assistance from the Mississippi Parent-Teacher Association and other community-based organizations in the selection of the local parents/citizens advisory council. The local parents/citizens advisory council shall consist of representatives from each of the following local groups: (a) five (5) representatives of the local PTA, PTSA or other parent organization, (b) two (2) local elected officials or community activist, (c) two (2) students, (d) two (2) local business leaders. Persons who are employed by the local school district are not eligible for membership on the parents/citizens advisory council.

(2) The school improvement plan shall be developed and approved by the principal of the School At-Risk, the superintendent of the local school district, the local school board and a majority of the teachers of the school, within a time period to be determined by the evaluation team. If the plan is not approved, the State Board of Education may approve and implement the plan in the school.

(3) The State Department of Education shall provide technical assistance and shall assist in identifying funding to the School At-Risk in the implementation of the school improvement plan, including the implementation of any recommended professional development plan, and the department may contract with the institutions of higher learning to provide the technical assistance. The assistance team shall collaborate with school and school district employees in the implementation and monitoring of the school improvement plan and the State Department of Education shall ensure that a report is issued monthly to the local school board and the local parents/citizens advisory council.

(4) A school district that has been designated as failing as defined by the State Board of Education shall also establish a community-based prekindergarten through higher education council comprised of a broad spectrum of the community, including economic developers, elected officials, civic leaders, business leaders, faith-based leaders, social services, nonprofit organizations, school attendance officers, law enforcement officials, health department officials, day care providers, librarians, parents and others with the knowledge and resources that can be leveraged to build strong communities. The State Board of Education shall develop procedures for appointments to the council, which shall not be appointed solely by the school board. The council will serve as a community-led group that is inclusive, accountable and required to publicly report progress to the community as a whole.

(5) Any middle school required to implement a rigorous reading requirement into its curriculum shall include the components of the requirement in its school improvement plan, as required by Section 7 of this act.

SECTION 12. Section 37-23-195, Mississippi Code of 1972, is amended as follows:

37-23-195. (1) Each appropriate educational entity shall provide for the development of an IEP or 504 Plan for each blind or visually impaired student eligible for educational services or equipment, or both, under Sections 37-23-1 through 37-23-157. In developing the written IEP or 504 Plan for each blind or visually impaired student, there shall be a presumption that proficiency in Braille reading and writing is essential for the student to achieve satisfactory educational progress. The assessment required for each student shall be conducted by a blindness assessment specialist and shall include, at a minimum, a Braille skills inventory, or if necessary in the determination of the IEP Committee, a comprehensive assistive technology evaluation. The assessment shall include a statement of the student's strengths and deficits. If, in the course of developing a student's IEP or 504 Plan, the majority of members of the team concur that the student's visual impairment does not affect reading and writing performance commensurate with ability, Braille instruction and use shall not be required by this section for that student. Nothing in this section shall require the exclusive use of Braille if other specialized educational services are appropriate to the student's educational needs. However, the provision of other appropriate services shall not preclude Braille use or instruction, unless other assistive technology devices are determined more appropriate by the assessment specialist.

(2) Each appropriate educational entity shall provide for the development of an IEP or 504 Plan for each middle school implementing a rigorous reading requirement into its curriculum for students who are determined to be low-performing following the most recently administered MCT, as required by Section 7 of this act.

     SECTION 13.  This act shall take effect and be in force from and after July 1, 2011.