MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Education
By: Senator(s) Tollison
AN ACT TO AMEND SECTIONS 37-177-5, 37-177-9, 37-177-11 AND 37-177-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT BEGINNING IN THE 2017-2018 SCHOOL YEAR PROMOTION TO GRADE 4 IS PROHIBITED UNLESS A STUDENT'S READING DEFICIENCY IS REMEDIED BEFORE THE END OF GRADE 3 AS DEMONSTRATED BY CERTAIN ASSESSMENTS AND TO MAKE CERTAIN TECHNICAL AMENDMENTS TO THE "LITERACY-BASED PROMOTION ACT"; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-177-5, Mississippi Code of 1972, is amended as follows:
37-177-5. The State
Department of Education shall establish a Mississippi Reading Panel to
collaborate with the State Department of Education in recommending appropriate
equitable alternative standardized assessments and cut scores to be used to
determine promotion to the Fourth Grade of those Third Grade students who * * * did not score at the
required achievement level on the state annual accountability assessment as
outlined in Section 37-177-9, or who, for unforeseen circumstances, were
unable to take the assessment. The panel should have knowledge and input in
the adoption or development of a universal screener for required use only in
select schools most in need for the reading intervention program to identify
reading deficiencies and determine progress. A suggestive list of no less than
four (4) screening assessments should be available to schools not selected for
the critical reading intervention program taking into consideration those screening
assessments already being used satisfactorily in Mississippi elementary
schools. An approved alternative standardized reading assessment may be used
in * * * years
when the state is transitioning to a new state annual accountability assessment.
The panel shall consist of six 6) members as follows: the State Superintendent
of Education, or his/her designee, who will chair the committee; the Chair of
the House Education Committee, or his designee; the Chairman of the Senate
Education Committee, or his designee; one (1) member appointed by the Governor;
and two (2) additional members appointed by the State Superintendent of
Education.
SECTION 2. Section 37-177-9, Mississippi Code of 1972, is amended as follows:
37-177-9. A public school student may not be assigned a grade level based solely on the student's age or any other factors that constitute social promotion.
Beginning in the 2014-2015 school year, if a student's reading deficiency is not remedied by the end of the student's Third Grade year, as demonstrated by the student scoring at the lowest achievement level in reading on the state annual accountability assessment or on an approved alternative standardized assessment for Third Grade, the student shall not be promoted to Fourth Grade.
Beginning in the 2017-2018 school year, if a student's reading deficiency is not remedied by the end of the student's Third Grade year, as demonstrated by the student scoring at the lowest two (2) achievement levels in reading on the state annual accountability assessment or on an approved alternative standardized assessment for Third Grade, the student shall not be promoted to Fourth Grade.
SECTION 3. Section 37-177-11, Mississippi Code of 1972, is amended as follows:
37-177-11. (1) 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 * * * or previously was retained in
Kindergarten or First, Second or Third 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 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.
SECTION 4. Section 37-177-19, Mississippi Code of 1972, is amended as follows:
37-177-19. (1) The State Board of Education shall adopt such policies, rules and regulations as may be necessary for the implementation of this chapter.
(2) The State Department of Education shall provide such technical assistance and training of teachers/administrators as may be needed to aid local school districts in administering the provisions of this chapter. The training shall include the Language Essentials for Teachers of Reading and Spelling (LETRS®).
(3) Each local school district must include provisions required by this chapter as an addition to the district's published handbook of policy for employees and students beginning in school year 2013-2014.
SECTION 5. This act shall take effect and be in force from and after July 1, 2016.