MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Education
By: Representative Moore
AN ACT TO PROHIBIT A LOCAL SCHOOL BOARD OF A PUBLIC SCHOOL DISTRICT OR DISTRICT ADMINISTRATOR FROM REQUIRING TEACHERS TO READMINISTER TESTS TO STUDENTS ON MORE THAN ONE OCCASION AFTER THE ORIGINAL TEST ADMINISTRATION; TO PROVIDE DISCRETION TO THE TEACHER ADMINISTERING A TEST TO DETERMINE WHETHER OR NOT TO READMINISTER THAT TEST TO A STUDENT WHO FAILED TO MAKE A SATISFACTORY PASSING SCORE; TO BRING FORWARD SECTIONS 37-16-3, 37-16-4, 37-16-5, 37-16-7, 37-16-9 AND 37-16-17, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) No local school board of a public school district or district administrator shall require a teacher to readminister a test to a student on more than one (1) occasion after the original administration of the test in any subject area on any testing assignment that is a component of the district curriculum provided during regular classroom instruction. Any readministration of a test provided to a student who failed to make a satisfactory passing score after the original administration and first such readministration of the test, shall be within the discretion of the teacher administering the test who, upon evaluating a student's performance, may deem it necessary to readminister the test or not.
(2) The provisions of this section shall not apply to statewide or district-wide assessment programs directed and implemented by the State Department of Education under the authority of Section 37-16-3.
SECTION 2. Section 37-16-3, Mississippi Code of 1972, is brought forward 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. These tests shall be administered in such a manner as to preserve the integrity and validity of the assessment. 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 in a valid test administration.
SECTION 3. Section 37-16-4, Mississippi Code of 1972, is brought forward as follows:
37-16-4. (1) It is unlawful for anyone knowingly and willfully to do any of the following acts regarding mandatory uniform tests administered to students as required by the State Department of Education:
(a) Give examinees access to test questions prior to testing;
(b) Copy or reproduce all or any portion of any secure test booklet;
(c) Coach examinees during testing or alter or interfere with examinees' responses in any way;
(d) Make answer keys available to examinees;
(e) Fail to account for all secure test materials before, during and after testing;
(f) Participate in, direct, aid, counsel, assist in, encourage or fail to report any of the acts prohibited in this section.
(2) Any person violating any provisions of subsection (1) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned for not more than ninety (90) days, or both. Upon conviction, the State Board of Education may suspend or revoke the administrative or teaching credentials, or both, of the person convicted.
(3) The district attorney shall investigate allegations of violations of this section, either on its own initiative following a receipt of allegations, or at the request of a school district or the State Department of Education.
(4) The district attorney shall furnish to the State Superintendent of Education a report of the findings of any investigation conducted pursuant to this section.
(5) The State Board of Education shall establish statistical guidelines to examine the results of state mandated tests to determine where there is evidence of testing irregularities resulting in false or misleading results in the aggregate or composite test scores of the class, grade, age group or school district. When said irregularities are identified, the State Superintendent of Education may order that any group of students identified as being required to retake the test at state expense under state supervision. The school district shall be given at least thirty (30) days' notice before the next test administration and shall comply with the order of the State Superintendent of Education. The results from the second administration of the test shall be final for all uses of that data.
(6) Nothing in this section may be construed to prohibit or interfere with the responsibilities of the State Board of Education or the State Department of Education in test development or selection, test form construction, standard setting, test scoring, and reporting, or any other related activities which in the judgment of the State Superintendent of Education are necessary and appropriate.
SECTION 4. Section 37-16-5, Mississippi Code of 1972, is brought forward 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 which supplement 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 for the purposes of Section 37-16-3.
SECTION 5. Section 37-16-7, Mississippi Code of 1972, is brought forward 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 as measured by assessments developed and administered by the State Board of Education.
(b) Completion of a minimum number of academic credits, and all other applicable requirements prescribed by the district school board.
(2) 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.
(3) The State Board of Education may establish student proficiency standards for promotion to grade levels leading to graduation.
SECTION 6. Section 37-16-9, Mississippi Code of 1972, is brought forward as follows:
37-16-9. (1) The state board shall, after a public hearing and consideration, make provision for appropriate accommodations for testing instruments and procedures for students with identified handicaps or disabilities in order to ensure that the results of the testing represent the student's achievement, rather than reflecting the student's impaired sensory, manual, speaking or psychological process skills, except when such skills are the factors the test purports to measure.
(2) The public hearing and consideration required hereunder shall not be construed to amend or nullify the requirements of security relating to the contents of examinations or assessment instruments and related materials or data.
(3) Children with disabilities shall be included in general statewide and district-wide assessments programs, with appropriate accommodations, where necessary. As appropriate, the State
Department of Education and the local educational agency shall:
(a) Develop policies and procedures for the participation of children with disabilities in alternate assessments for those children who cannot participate in statewide and district-wide assessment programs; and
(b) Develop and, beginning not later than July 1, 2000, conduct those alternate assessments.
(4) The State Department of Education shall make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
(a) The number of children with disabilities participating in regular assessments;
(b) The number of children participating in alternate assessments;
(c) The performance of those children on regular assessments, beginning not later than July 1, 1998, and on alternate assessments, not later than July 1, 2000, if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children; and
(d) Data relating to the performance of children with disabilities shall be disaggregated for assessments conducted after July 1, 1998.
SECTION 7. Section 37-16-17, Mississippi Code of 1972, is brought forward 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 track 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 track programs offered by local public school boards in accordance with this section. The State Board for Community and Junior Colleges and the State Board of Education jointly shall determine course and curriculum requirements for the career track program.
(2) Alternative career track; description; curriculum. (a) A career track 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 track program 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 track shall be designed primarily for those students who are not college bound and shall provide them with alternatives to entrance into a four-year university or college after high school graduation.
(b) Students pursuing a career track 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 track program approved by the State Board of Education.
(d) Students in a career track program shall complete an academic core of courses and a career and technical sequence of courses.
(e) The twenty (20) course unit requirements for the career track shall consist of the following:
(i) At least four (4) English credits, including English I and English II.
(ii) At least three (3) mathematics credits, including Algebra I.
(iii) At least three (3) science credits, including one (1) unit of biology.
(iv) At least three (3) social studies credits, including one (1) unit of American History and one (1) unit of Mississippi Studies/American Government.
(v) At least one-half (1/2) credit in health and physical education.
(vi) At least four (4) credits in career and technical education courses in the dual enrollment-dual credit programs authorized under Section 37-15-38.
(vii) At least one (1) credit in integrated technology with optional end of course testing.
(viii) At least one and one-half (1-1/2) credits in additional electives or career and technical education courses required by the local school board, as approved by the State Board of Education. Academic courses within the career track of the standard diploma shall provide the knowledge and skill necessary for proficiency on the state subject area tests.
(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 8. This act shall take effect and be in force from and after July 1, 2011.