MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education
By: Senator(s) Tollison
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
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Title. This act shall be known and may be cited as "The Mississippi Literacy-Based Promotion Act."
SECTION 2. Intent. It is the intent of the Legislature that each student's progression from one grade to another be determined, in part, upon proficiency in reading; that district school board policies facilitate reading instruction and intervention services to address student reading needs; and that each student and his or her parent be informed of that student's reading progress.
SECTION 3. Reading instruction and intervention. (1) It is the ultimate goal of the Legislature that every student read at or above grade level by Grade 3. Districts shall offer accelerated reading intervention to each K-3 student who exhibits a reading deficiency to prevent the necessity of Grade 3 student retention. The accelerated reading intervention program shall:
(a) Be provided to all K-3 students identified with a reading deficiency by state-approved local or statewide assessments;
(b) Screen and monitor the reading progress of each student's foundational reading skills at a minimum of three (3) times per year;
(c) Provide highly effective core reading instruction that is comprehensive and meets the majority of the general education classroom needs; and
(d) Provide a reading intervention program that meets, at a minimum, the following specifications:
(i) Assists students exhibiting a reading deficiency in developing the ability to read at grade level;
(ii) Provides intensive development in phonemic awareness, phonics, fluency, vocabulary and comprehension;
(iii) Provides scientifically based reliable and valid assessments;
(iv) Provides initial and ongoing analysis of each student's reading progress; and
(v) Is implemented during regular school hours in addition to the regular reading instruction.
(2) Reading deficiency and reading improvement plan. Any student who exhibits a deficiency in reading at any time, based upon state-approved local or statewide assessments conducted in Grades K-3, shall receive an individual reading improvement plan no later than thirty (30) days after the identification of the reading deficiency. The reading improvement plan shall be created by the teacher, principal, other pertinent school personnel and the parent(s), and shall describe the reading intervention services the student will receive to remedy the reading deficit. Each student receiving reading intervention must be screened and progress monitored, at a minimum of three (3) times per year, and provided with intensive reading intervention until the student no longer has a reading deficiency.
(3) Parent notification. The parent of any K-3 student who exhibits a deficiency in reading at any time during the school year must be notified in writing no later than thirty (30) days after the identification of the reading deficiency, and the written notification must include the following:
(a) That his or her child has been identified as having a deficiency in reading, and a reading improvement plan will be established by the teacher, principal, other pertinent school personnel and the parent(s).
(b) A description of the current services that are provided to the child.
(c) A description of the proposed reading intervention and supplemental instructional services and supports that will be provided to the child that are designed to ameliorate the identified area(s) of reading deficiency.
(d) Strategies for parents to use at home in helping their child succeed in reading.
(e) That if the child's reading deficiency is not corrected by the end of Grade 3, the child will not be promoted to Grade 4 unless a good cause exemption is met.
(f) That while the statewide assessment is the initial determinate, it is not the sole determiner of promotion at the end of Grade 3 and that additional evaluations, including portfolio reviews and alternative assessments, are available through good cause exemptions.
(4) Elimination of social promotion. Beginning with the 2013-2014 school year, if the student's reading deficiency, as identified in subsection (2) of this section, is not remedied by the end of Grade 3, as demonstrated by scoring below grade level on the Grade 3 statewide reading assessment, the student must be retained.
(5) Summer reading camp. The school district must provide summer reading camps to all Grade 3 students scoring below grade level on the Grade 3 statewide reading assessment. Summer Reading Camps must be staffed with effective or highly effective teachers of reading as determined by the teacher evaluation system. The effective or highly effective teacher of reading shall provide reading intervention services and supports to correct the identified area(s) of reading deficiency.
(6) Good cause exemptions. The district school board may only exempt students from mandatory retention, as provided in subsection (4) of this section, for good cause. Good cause exemptions shall be limited to the following:
(a) Students who demonstrate grade-level performance on an alternative standardized reading assessment approved by the State Board of Education.
(b) Students who demonstrate, through a student portfolio, grade-level performance as evidenced by demonstrating mastery of all Grade 3 state reading standards through multiple work samples.
(c) Students with disabilities whose Individual Education Plan indicates that participation in the statewide assessment program is not appropriate, consistent with state law.
(d) Limited English proficient students who have had less than two (2) years of instruction in an English language learner program.
(e) Students with disabilities who participate in the statewide assessment and who have an Individual Education Plan or a Section 504 plan that reflects that the student has received intensive reading intervention for more than two (2) years but still demonstrates a deficiency in reading and was previously retained in Kindergarten, Grade 1, Grade 2 or Grade 3.
(f) Students who have received intensive reading intervention for two (2) or more years but still demonstrate a deficiency in reading and who were previously retained in Kindergarten, Grade 1, Grade 2 or Grade 3 for a total of two (2) years.
(7) Requests for good cause exemptions. Requests to exempt students from the mandatory retention requirement using one of the good cause exemptions as described in subsection (6) of this section shall be made consistent with the following:
(a) Documentation shall be submitted from the student's teacher to the school principal that indicates that the promotion of the student is appropriate. Such documentation shall consist only of the good cause exemption being requested, the existing reading improvement plan or Individual Education Plan, and the alternative assessment or student portfolio results as applicable.
(b) The school principal shall review and discuss the recommendation with the teacher and make the determination as to whether the student should be promoted. If the school principal determines that the student should be promoted based on the documentation provided, the school principal shall make such recommendation in writing to the district school superintendent. The district school superintendent shall accept or reject the school principal's recommendation in writing.
(8) Students promoted with a good cause exemption. A student who is promoted to Grade 4 with a good cause exemption shall be provided intensive reading instruction and intervention that includes specialized diagnostic information and specific reading strategies to meet the needs of each student so promoted. The school district shall assist schools and teachers with the implementation of reading strategies for students promoted with a good cause exemption that research has shown to be successful in improving reading among students with reading difficulties.
(9) Parent notification of retention. The school district shall assist schools with providing written notification to the parent of any student who is retained that his or her child has not met the proficiency level required for promotion, the reasons the child is not eligible for a good cause exemption, and that his/her child will be retained in Grade 3. The notification must include a description of the proposed interventions and supports that will be provided to the child to ameliorate the identified area(s) of reading deficiency.
(10) Successful progression of retained readers. Beginning with the 2013-2014 school year, students retained under the provisions of subsection (4) of this section must be provided intensive reading intervention to remedy the student's specific reading deficiency, as identified by a valid and reliable diagnostic assessment. The reading intervention services must include effective instructional strategies necessary to assist those students in becoming successful readers, and ready for promotion to the next grade. Each school district shall:
(a) Conduct a review of student reading improvement plans for all students who scored below grade level on the reading portion of the statewide assessment and who did not meet the criteria for one of the good cause exemptions. The review shall address additional supports and services, as described in this paragraph (a), needed to correct the identified area(s) of reading deficiency.
(b) Provide students who are retained with a highly effective teacher of reading as determined by the teacher evaluation system.
(c) Provide students who are retained with reading intervention services and supports to correct the identified area(s) of reading deficiency, including, but not limited to:
(i) More dedicated time than the previous school year spent in scientifically research-based reading instruction and intervention;
(ii) Daily targeted small group reading intervention based on student needs determined by diagnostic assessment data;
(iii) Reading programs that are scientifically research-based and have proven results in accelerating student reading achievement within the same school year;
(iv) Explicit and systematic instruction with more detailed explanations, more extensive opportunities for guided practice, and more opportunities for error correction and feedback;
(v) Administration of ongoing progress monitoring assessments to frequently monitor student progress; and
(vi) Before and/or after school supplemental research-based reading intervention delivered by a teacher or tutor with specialized reading training.
(d) Provide parents of retained students with a "Read at Home" plan outlined in a parental contract, including participation in parent-training workshops and regular parent-guided home reading.
(11) Intensive acceleration class. Establish at each school, where applicable, an intensive acceleration class for any student retained in Grade 3 who was previously retained in Kindergarten, Grade 1, Grade 2 or Grade 3. The focus of the intensive acceleration class shall be to increase a child's reading level at least two (2) grade levels in one (1) school year.
(a) The intensive acceleration class shall:
(i) Have a reduced teacher-student ratio;
(ii) Provide students with a highly effective teacher of reading as determined by the teacher evaluation system;
(iii) Provide reading instruction and intervention for the majority of student contact time each day and incorporate opportunities to master the Grade 4 state standards in other core academic areas;
(iv) Use reading programs that are scientifically research-based and have proven results in accelerating student reading achievement within the same school year;
(v) Provide intensive language and vocabulary instruction, including use of a speech-language therapist;
(vi) Frequently administer ongoing progress monitoring assessments to monitor student progress;
(vii) Provide a student the option of being placed in a transitional instructional setting. Such setting shall specifically be designed to produce learning gains sufficient to meet Grade 4 performance standards while continuing to correct the area(s) of reading deficiency;
(viii) Provide before and/or after school supplemental research-based reading instruction delivered by a teacher or tutor with specialized reading training; and
(ix) Provide parents with a "Read at Home" plan outlined in a parental contract, including participation in parent training workshops and regular parent-guided home reading.
(b) Each school district shall report to the Department of Education, in the manner described by the department, the progress of every student enrolled in the intensive acceleration class at the end of the first semester.
(2) District annual reporting. Each district school board must annually report in writing to the Department of Education by September 1 of each year, the following information on the prior school year:
(a) The district school board's policies and procedures on student retention and promotion.
(b) By grade, the number and percentage of all students in Grades K-3 who were identified with a reading deficiency at the beginning of the school year, and met grade-level standards at the end of the school year, as demonstrated on the state-approved local assessment or statewide assessment.
(c) By grade, the number and percentage of all students in Grades K-3 performing below grade level on the state-approved local assessment or statewide assessment.
(d) By grade, the number and percentage of all students retained in Grades K-3.
(e) Information on the total number and percentage of students in Grade 3 who were promoted for good cause, by each category of good cause as specified in subsection (6) of this section.
(f) Any revisions to the district school board's policy on student retention and promotion from the prior year.
(13) Department responsibilities. The Department of Education shall establish a uniform format for school districts to report the information required. The format shall be developed with input from district school boards and shall be provided to each school district no later than ninety (90) days prior to the annual due date. The department shall annually compile the information required along with state-level summary information, and report such information to the State Board of Education, the public, Governor, the Chairmen of the Education Committees of the Senate and House of Representatives by October 1 of each year. The department shall provide technical assistance as needed to aid local district school boards in administering this section.
(14) State board authority and responsibilities. The State Board of Education shall have authority to issue necessary regulations to enforce this act.
SECTION 4. Section 37-13-91, Mississippi Code of 1972, is amended as follows:
37-13-91. (1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law."
(2) The following terms as used in this section are defined as follows:
(a) "Parent" means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted.
(b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction.
(c) "Custodian" means any person having the present care or custody of a child, other than a parent or guardian of the child.
(d) "School day" means not less than five (5) and not more than eight (8) hours of actual teaching in which both teachers and pupils are in regular attendance for scheduled schoolwork.
(e) "School" means any public school in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade.
(f) "Compulsory-school-age
child" means a child who has attained or will attain the age of * * * five (5) years on or before
September 1 of the calendar year and who has not attained the age of seventeen
(17) years on or before September 1 * * *.
(g) "School attendance officer" means a person employed by the State Department of Education pursuant to Section 37-13-89.
(h) "Appropriate school official" means the superintendent of the school district, or his designee, or, in the case of a nonpublic school, the principal or the headmaster.
(i) "Nonpublic school" means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial and home instruction programs.
(3) A parent, guardian or custodian of a compulsory-school-age child in this state shall cause the child to enroll in and attend a public school or legitimate nonpublic school for the period of time that the child is of compulsory school age, except under the following circumstances:
(a) When a compulsory-school-age child is physically, mentally or emotionally incapable of attending school as determined by the appropriate school official based upon sufficient medical documentation.
(b) When a compulsory-school-age child is enrolled in and pursuing a course of special education, remedial education or education for handicapped or physically or mentally disadvantaged children.
(c) When a compulsory-school-age child is being educated in a legitimate home instruction program.
The parent, guardian or custodian of a compulsory-school-age child described in this subsection, or the parent, guardian or custodian of a compulsory-school-age child attending any nonpublic school, or the appropriate school official for any or all children attending a nonpublic school shall complete a "certificate of enrollment" in order to facilitate the administration of this section.
The form of the certificate of enrollment shall be prepared by the Office of Compulsory School Attendance Enforcement of the State Department of Education and shall be designed to obtain the following information only:
(i) The name, address, telephone number and date of birth of the compulsory-school-age child;
(ii) The name, address and telephone number of the parent, guardian or custodian of the compulsory-school-age child;
(iii) A simple description of the type of education the compulsory-school-age child is receiving and, if the child is enrolled in a nonpublic school, the name and address of the school; and
(iv) The signature of the parent, guardian or custodian of the compulsory-school-age child or, for any or all compulsory-school-age child or children attending a nonpublic school, the signature of the appropriate school official and the date signed.
The certificate of enrollment shall be returned to the school attendance officer where the child resides on or before September 15 of each year. Any parent, guardian or custodian found by the school attendance officer to be in noncompliance with this section shall comply, after written notice of the noncompliance by the school attendance officer, with this subsection within ten (10) days after the notice or be in violation of this section. However, in the event the child has been enrolled in a public school within fifteen (15) calendar days after the first day of the school year as required in subsection (6), the parent or custodian may, at a later date, enroll the child in a legitimate nonpublic school or legitimate home instruction program and send the certificate of enrollment to the school attendance officer and be in compliance with this subsection.
For the purposes of this subsection, a legitimate nonpublic school or legitimate home instruction program shall be those not operated or instituted for the purpose of avoiding or circumventing the compulsory attendance law.
(4) An "unlawful absence" is an absence during a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance. Days missed from school due to disciplinary suspension shall not be considered an "excused" absence under this section. This subsection shall not apply to children enrolled in a nonpublic school.
Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district, or his designee:
(a) An absence is excused when the absence results from the compulsory-school-age child's attendance at an authorized school activity with the prior approval of the superintendent of the school district, or his designee. These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity.
(b) An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school.
(c) An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official.
(d) An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child. The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters.
(e) An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child.
(f) An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness.
(g) An absence may be excused if the religion to which the compulsory-school-age child or the child's parents adheres, requires or suggests the observance of a religious event. The approval of the absence is within the discretion of the superintendent of the school district, or his designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child.
(h) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that the purpose of the absence is to take advantage of a valid educational opportunity such as travel, including vacations or other family travel. Approval of the absence must be gained from the superintendent of the school district, or his designee, before the absence, but the approval shall not be unreasonably withheld.
(i) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that conditions are sufficient to warrant the compulsory-school-age child's nonattendance. However, no absences shall be excused by the school district superintendent, or his designee, when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law.
(5) Any parent, guardian or custodian of a compulsory-school-age child subject to this section who refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with Section 97-5-39.
Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under this section. However, no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance.
(6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is enrolled, the school district superintendent or his designee shall report, within two (2) school days or within five (5) calendar days, whichever is less, the absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur.
(7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children, and shall be authorized to file a petition with the youth court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it pertains to parent or child for violation of this section. The youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law, and may order the child to enroll or re-enroll in school. The superintendent of the school district to which the child is ordered may assign, in his discretion, the child to the alternative school program of the school established pursuant to Section 37-13-92.
(8) The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under the provisions of this section.
(9) Notwithstanding any provision or implication herein to the contrary, it is not the intention of this section to impair the primary right and the obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the proper education and training for such child, and nothing in this section shall ever be construed to grant, by implication or otherwise, to the State of Mississippi, any of its officers, agencies or subdivisions any right or authority to control, manage, supervise or make any suggestion as to the control, management or supervision of any private or parochial school or institution for the education or training of children, of any kind whatsoever that is not a public school according to the laws of this state; and this section shall never be construed so as to grant, by implication or otherwise, any right or authority to any state agency or other entity to control, manage, supervise, provide for or affect the operation, management, program, curriculum, admissions policy or discipline of any such school or home instruction program.
SECTION 5. 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 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 of Education.
(3) The State Board of Education may establish student proficiency standards for promotion to grade levels leading to graduation, subject to the provisions of Section 1 of this act relating to student reading deficiency and retention in the Third Grade.
SECTION 6. Section 37-13-10, Mississippi Code of 1972, which provides for a Reading Sufficiency Program of Instruction and components thereof, is hereby repealed.
SECTION 7. This act shall take effect and be in force from and after July 1, 2013.