MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Education
By: Representative Dixon
AN ACT TO PROVIDE FOR THE CONTINUED ENROLLMENT OF AT-RISK STUDENTS IN PUBLIC SCHOOL WHILE ENROLLED IN AN ALTERNATIVE PROGRAM OF EDUCATION THAT MEETS CERTAIN CONDITIONS; TO AUTHORIZE THE LOCAL SUPERINTENDENTS OF EDUCATION TO APPROVE CONTINUED ENROLLMENT, TO PRESCRIBE THE CONDITIONS UNDER WHICH CONTINUED ENROLLMENT MAY BE APPROVED; TO PROVIDE FOR COOPERATION BETWEEN THE STATE BOARD OF EDUCATION AND THE MISSISSIPPI NATIONAL GUARD YOUTH CHALLENGE PROGRAM REGARDING THE STATUS OF STUDENTS ENROLLED IN THE YOUTH CHALLENGE PROGRAM FOR PURPOSES OF CALCULATING GRADUATION RATES FOR ACCREDITATION; TO BRING FORWARD SECTIONS 37-13-92 AND 43-27-203, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds that any child who is unlikely to graduate on schedule with both the skills and self esteem necessary to exercise meaningful options in the areas of work, leisure, culture, civic affairs and personal relationships may be defined as being an at-risk student. At-risk status often starts in the early grades for a student that gradually falls further behind in the essential skills of reading, writing and math, and may be accompanied by patterns of behavior such as poor attendance, inattentiveness, negative attitudes and classroom misbehavior that both are symptoms of and added catalysts for increasingly defeated and discouraged learners. At least by the middle grades, students with growing skill deficits usually know they are behind other students and have good reason to feel discouraged. A growing lack of self confidence and self worth, limited optimism for the future, avoidance of school and adults and a dimming view of the relationship between effort and achievement are among the characteristics of defeated and discouraged learners. While the public schools can and are expected to address the needs of all students, minimizing the likelihood that they will become at-risk and giving additional attention to those that do, the circumstances involved with a child becoming at-risk are often complex and may include influences both within and outside of the school environment. In fragile homes, a child who is at-risk and is becoming a discouraged and defeated learner often lacks adequate support and may develop peer relationships that further exacerbate the difficulty of reengaging them in learning, school and responsible social behavior.
The Legislature further finds that when a student in the public schools is at-risk and is becoming a discouraged and defeated learner, the public schools should not be deterred from seeking and assisting with enrollment of the student in an alternative program that helps remedy the student's discouragement, lessen their skill deficits and facilitate their return to public school successfully.
SECTION 2. Subject to approval of the superintendent of education of the local school district, a student enrolled in the public schools of the district may continue to be enrolled while also enrolled in an alternative program, subject to the following conditions:
(a) The student meets the general description of an at-risk student and exhibits behaviors and characteristics associated with a discouraged and defeated learner such as those described in the legislative findings of Section 1 of this act;
(b) The alternative program is a school subject to Section 37-13-92, and complies with all requests of the superintendent of education of the local school district for information on the educational program and progress of the student;
(c) The alternative program includes a family involvement component in its program, including participation in activities that help address the challenging issues that have hindered the student's engagement and progress in learning, and the participation of the student and the student's parents or legal guardian is required;
(d) The alternative program includes an on-site boarding option for students;
(e) The alternative program provides an individualized education program for students designed to prepare them for a successful transition back into the public schools; and
(d) The parents or legal guardian of the student make application to the alternative program for enrollment of the student, agree to the terms and conditions for enrollment and the
student is enrolled.
SECTION 3. (1) The State Board of Education shall promulgate a rule for the approval of alternative education programs for disruptive students who are at risk of not succeeding in the traditional school structure. This rule may provide for the waiver of other policies of the board, the establishment and delivery of a nontraditional curriculum, the establishment of licensure requirements for alternative education program teachers, and the establishment of performance measures for school accreditation. This rule shall provide uniform definitions of disruptive student behavior and uniform standards for the placement of students in alternative settings or providing other interventions including referrals to local juvenile courts to correct student behavior so that they can return to a regular classroom without engaging in further disruptive behavior.
(2) If a student attends an approved alternative education program or the Mississippi National Guard Youth Challenge Program, which is designated as a special alternative education program under Section 43-27-203, and the student graduates or passes the high school equivalency or General Educational Development (GED) assessment within five (5) years of beginning ninth grade, that student shall be considered graduated for the purposes of calculating the high school graduation rate used for school accreditation and school system approval, subject to the following:
(a) The student shall only be considered graduated to the extent that this is not in conflict with any provision of federal law relating to graduation rates;
(b) If the state board determines that this is in conflict with a provision of federal law relating to graduation rates, the state board shall request a waiver from the United States Department of Education; and
(c) If the waiver is granted, notwithstanding the provisions of paragraph (a) of this subsection, the student graduating or passing the high school equivalency or General Educational Development (GED) assessments within five (5) years shall be considered graduated.
(3) The state board shall promulgate a rule to support the operation of the Mississippi National Guard Youth Challenge Program operated by the Adjutant General, which is designated as a special alternative education program under Section 43-27-203, for students who are at risk of not succeeding in the traditional school structure. The rule shall set forth policies and procedures applicable only to the Mississippi National Guard Youth Challenge Program that provide for, but are not limited to, the following:
(a) Implementation of provisions set forth in Section 43-27-203;
(b) Precedence of the policies and procedures designated by the National Guard Bureau for the operation of the Mississippi National Guard Youth Challenge Program special alternative education program;
(c) Consideration of a student participating in the Mississippi National Guard Youth Challenge Program special alternative education program at full enrollment status in the referring county for the purposes of funding and calculating attendance and graduation rates, subject to the following:
(i) The student shall only be considered at full enrollment status for the purposes of calculating attendance and graduation rates to the extent that this is not in conflict with any provision of federal law relating to attendance or graduation rates;
(ii) If the state board determines that this is in conflict with a provision of federal law relating to attendance or graduation rates, the state board shall request a waiver from the United States Department of Education;
(iii) If the waiver is granted, notwithstanding the provisions of subparagraph (i) of this paragraph, the student shall be considered at full enrollment status in the referring county for the purposes of calculating attendance and graduation rates; and
(iv) Consideration of the student at full enrollment status in the referring county is for the purposes of funding and calculating attendance and graduation rates only. For any other purpose, a student participating in the academy is considered withdrawn from the public school system;
(d) Articulation of the knowledge, skills and competencies gained through alternative education so that students who return to regular education may proceed toward attainment or attain the standards for graduation without duplication; and
(e) Consideration of eligibility to take the high school equivalency or General Educational Development (GED) assessments by qualifying within the extraordinary circumstances provisions established by state board rule of a student participating in the Mississippi National Guard Youth Challenge Program special alternative education program who does not meet any other criteria for eligibility.
(4) Nothing in this section or the rules promulgated under this section compels the Mississippi National Guard Youth Challenge Program to be operated as a special alternative education program or to be subject to any other laws governing the public schools except by its consent.
SECTION 4. Section 37-13-92, Mississippi Code of 1972, is brought forward as follows:
37-13-92. (1) Beginning with the school year 2004-2005, the school boards of all school districts shall establish, maintain and operate, in connection with the regular programs of the school district, an alternative school program or behavior modification program as defined by the State Board of Education for, but not limited to, the following categories of compulsory-school-age students:
(a) Any compulsory-school-age child who has been suspended for more than ten (10) days or expelled from school, except for any student expelled for possession of a weapon or other felonious conduct;
(b) Any compulsory-school-age child referred to such alternative school based upon a documented need for placement in the alternative school program by the parent, legal guardian or custodian of such child due to disciplinary problems;
(c) Any compulsory-school-age child referred to such alternative school program by the dispositive order of a chancellor or youth court judge, with the consent of the superintendent of the child's school district;
(d) Any compulsory-school-age child whose presence in the classroom, in the determination of the school superintendent or principal, is a disruption to the educational environment of the school or a detriment to the interest and welfare of the students and teachers of such class as a whole; and
(e) No school district is required to place a child returning from out-of-home placement in the mental health, juvenile justice or foster care system in alternative school. Placement of a child in the alternative school shall be done consistently, and for students identified under the Individuals with Disabilities Education Act (IDEA), shall adhere to the requirements of the Individuals with Disabilities Education Improvement Act of 2004. If a school district chooses to place a child in alternative school the district will make an individual assessment and evaluation of that child in the following time periods:
(i) Five (5) days for a child transitioning from a group home, mental health care system, and/or the custody of the Department of Human Services, Division of Youth and Family Services;
(ii) Ten (10) days for a child transitioning from a dispositional placement order by a youth court pursuant to Section 43-21-605; and
(iii) An individualized assessment for youth transitioning from out-of-home placement to the alternative school shall include:
1. A strength needs assessment.
2. A determination of the child's academic strengths and deficiencies.
3. A proposed plan for transitioning the child to a regular education placement at the earliest possible date.
(2) The principal or program administrator of any such alternative school program shall require verification from the appropriate guidance counselor of any such child referred to the alternative school program regarding the suitability of such child for attendance at the alternative school program. Before a student may be removed to an alternative school education program, the superintendent of the student's school district must determine that the written and distributed disciplinary policy of the local district is being followed. The policy shall include standards for:
(a) The removal of a student to an alternative education program that will include a process of educational review to develop the student's individual instruction plan and the evaluation at regular intervals of the student's educational progress; the process shall include classroom teachers and/or other appropriate professional personnel, as defined in the district policy, to ensure a continuing educational program for the removed student;
(b) The duration of alternative placement; and
(c) The notification of parents or guardians, and their appropriate inclusion in the removal and evaluation process, as defined in the district policy. Nothing in this paragraph should be defined in a manner to circumvent the principal's or the superintendent's authority to remove a student to alternative education.
(3) The local school board or the superintendent shall provide for the continuing education of a student who has been removed to an alternative school program.
(4) A school district, in its discretion, may provide a program of High School Equivalency Diploma preparatory instruction in the alternative school program. However, any High School Equivalency Diploma preparation program offered in an alternative school program must be administered in compliance with the rules and regulations established for such programs under Sections 37-35-1 through 37-35-11 and by the Mississippi Community College Board. The school district may administer the High School Equivalency Diploma Testing Program under the policies and guidelines of the Testing Service of the American Council on Education in the alternative school program or may authorize the test to be administered through the community/junior college district in which the alternative school is situated.
(5) Any such alternative school program operated under the authority of this section shall meet all appropriate accreditation requirements of the State Department of Education.
(6) The alternative school program may be held within such school district or may be operated by two (2) or more adjacent school districts, pursuant to a contract approved by the State Board of Education. When two (2) or more school districts contract to operate an alternative school program, the school board of a district designated to be the lead district shall serve as the governing board of the alternative school program. Transportation for students attending the alternative school program shall be the responsibility of the local school district. The expense of establishing, maintaining and operating such alternative school program may be paid from funds contributed or otherwise made available to the school district for such purpose or from local district maintenance funds.
(7) The State Board of Education shall promulgate minimum guidelines for alternative school programs. The guidelines shall require, at a minimum, the formulation of an individual instruction plan for each student referred to the alternative school program and, upon a determination that it is in a student's best interest for that student to receive High School Equivalency Diploma preparatory instruction, that the local school board assign the student to a High School Equivalency Diploma preparatory program established under subsection (4) of this section. The minimum guidelines for alternative school programs shall also require the following components:
(a) Clear guidelines and procedures for placement of students into alternative education programs which at a minimum shall prescribe due process procedures for disciplinary and High School Equivalency Diploma placement;
(b) Clear and consistent goals for students and parents;
(c) Curricula addressing cultural and learning style differences;
(d) Direct supervision of all activities on a closed campus;
(e) Attendance requirements that allow for educational and workforce development opportunities;
(f) Selection of program from options provided by the local school district, Division of Youth Services or the youth court, including transfer to a community-based alternative school;
(g) Continual monitoring and evaluation and formalized passage from one (1) step or program to another;
(h) A motivated and culturally diverse staff;
(i) Counseling for parents and students;
(j) Administrative and community support for the program; and
(k) Clear procedures for annual alternative school program review and evaluation.
(8) On request of a school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration size, wealth and existing facilities in determining a program best suited to a district.
(9) Any compulsory-school-age child who becomes involved in any criminal or violent behavior shall be removed from such alternative school program and, if probable cause exists, a case shall be referred to the youth court.
(10) The State Board of Education shall promulgate guidelines for alternative school programs which provide broad authority to school boards of local school districts to establish alternative education programs to meet the specific needs of the school district.
(11) Each school district having an alternative school program shall submit a report by July 31 of each calendar year to the State Department of Education describing the results of its annual alternative school program review and evaluation undertaken pursuant to subsection (7)(k). The report shall include a detailed account of any actions taken by the school district during the previous year to comply with substantive guidelines promulgated by the State Board of Education under subsection (7)(a) through (j). In the report to be implemented under this section, the State Department of Education shall prescribe the appropriate measures on school districts that fail to file the annual report. The report should be made available online via the department's website to ensure transparency, accountability and efficiency.
SECTION 5. Section 43-27-203, Mississippi Code of 1972, is brought forward as follows:
43-27-203. (1) There is created under the Mississippi National Guard a program to be known as the "Youth Challenge Program." The program shall be an interdiction program designed for children determined to be "at risk" by the National Guard.
(2) The Mississippi National Guard shall implement and administer the Youth Challenge Program and shall promulgate rules and regulations concerning the administration of the program. The National Guard shall prepare written guidelines concerning the nomination and selection process of participants in the program, and such guidelines shall include a list of the factors considered in the selection process.
(3) Participation in the Youth Challenge Program shall be on a voluntary basis. No child may be sentenced by any court to participate in the program; however, a youth court judge may refer the program to a child when, under his determination, such program would be sufficient to meet the needs of the child.
(4) The Mississippi National Guard, under the auspices of the Challenge Academy, may award an adult high school diploma to each participant who meets the requirements for a High School Equivalency Diploma equivalent under the policies and guidelines of the GED Testing Service of the American Council on Education or other high school equivalency exam and any other minimum academic requirements prescribed by the National Guard and Challenge Academy for graduation from the Youth Challenge Program. Participants in the program who do not meet the minimum academic requirements may be awarded a special certificate of attendance. The Mississippi National Guard and the Challenge Academy shall establish rules and regulations for awarding the adult high school diploma and shall prescribe the form for such diploma and the certificate of attendance.
(5) The Mississippi National Guard may accept any available funds that may be used to defray the expenses of the program, including, but not limited to, federal funding, public or private funds and any funds that may be appropriated by the Legislature for that purpose.
SECTION 6. This act shall take effect and be in force from and after July 1, 2017.