House Bill 745

(As Passed the House)

AN ACT TO AMEND SECTION 37-177-11, MISSISSIPPI CODE OF 1972, TO CLARIFY THE GOOD CAUSE EXEMPTION UNDER THE LITERACY-BASED 4TH GRADE PROMOTION ACT APPLICABLE TO STUDENTS WHO HAVE AN IEP OR SECTION 504 PLAN AND WERE PREVIOUSLY RETAINED IN LOWER GRADES; TO IMPLEMENT A ONE-YEAR HOLD HARMLESS PROVISION FOR THIRD GRADERS WHO FAIL TO MEET ADEQUATE PERFORMANCE LEVELS ON THE APPROVED STANDARDIZED THIRD GRADE ASSESSMENT DURING THE 2014-2015 SCHOOL YEAR; TO PROVIDE THAT SUCH STUDENTS SHALL BE PROVIDED INTENSIVE READING INSTRUCTION AND INTERVENTION; TO REQUIRE THAT WRITTEN NOTIFICATION BE PROVIDED TO THE PARENTS OR LEGAL GUARDIANS OF SUCH STUDENTS INFORMING THEM THAT THE STUDENT WILL NOT BE RETAINED IN THIRD GRADE FOR FAILING THE ASSESSMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-177-11, Mississippi Code of 1972, is amended as follows:

37-177-11. (1) Except as otherwise provided under subsection (3) of this section, 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 whose individual education plan (IEP) indicates that participation in the statewide accountability assessment program is not appropriate, as authorized under state law;

(c) Students with a disability who participate in the state annual accountability assessment and 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 * * *~~and~~ or previously was retained in kindergarten or first, second or shird grade;

(d) Students who demonstrate an acceptable level of reading proficiency on an alternative standardized assessment approved by the State Board of Education; and

(e) Students who have received intensive intervention in reading for two (2) or more years but still demonstrate a deficiency in reading * * *~~and~~ or 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 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 (e) 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.

(3) Any student enrolled in third grade during the 2014-2015 school year who evidences a reading deficiency as determined by the student's scoring level on approved third grade assessments shall be held harmless and not retained to the third grade for failing to meet adequate performance levels on the standardized assessment alone. Instead, each student failing to meet adequate performance shall be provided the measure of intensive reading instruction and intervention as required under this chapter. The results of such assessment, as applicable to the third grade students tested, shall be reviewed and studied for a period of one (1) year for purposes of determining best practices to be used in increasing levels of proficiency in reading for all students failing to meet adequate performance levels.

(4) The parent or legal guardian of any third grade student who fails to meet the adequate performance level on the approved third grade assessment administered during the 2014-2015 school year shall be provided written notification, in a format adopted by the State Board of Education, that the student will be held harmless and shall not be retained for such failure on the standardized assessment alone. The notification must include a description of proposed interventions and supports that will be provided to the child to remediate the identified areas of reading deficiency.

SECTION 2. This act shall take effect and be in force from and after its passage.