MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Education; Accountability, Efficiency, Transparency
By: Representative Mickens
AN ACT TO REPEAL SECTION 37-177-9, MISSISSIPPI CODE OF 1972, WHICH IS THE PROVISION OF THE LITERACY BASED PROMOTION ACT, WHICH PROHIBITS A THIRD-GRADE STUDENT FROM BEING PROMOTED TO THE FOURTH GRADE IF THE STUDENT FAILS TO ACHIEVE A SATISFACTORY PASSING SCORE ON THE STATE ANNUAL ACCOUNTABILITY ASSESSMENT OR ON AN APPROVED ALTERNATIVE STANDARDIZED ASSESSMENT FOR THIRD GRADE; TO AMEND SECTIONS 37-177-3, 37-177-5, 37-177-11 AND 37-177-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE REPEALED PROVISIONS TO NO LONGER REQUIRE A PASSING SCORE ON THE THIRD-GRADE READING ASSESSMENT AS A SOLE CRITERIA TO DETERMINE WHETHER A STUDENT WILL BE PROMOTED TO FOURTH GRADE; TO BRING FORWARD SECTIONS 37-177-1, 37-177-7, 37-177-15, 37-177-17, 37-177-19 AND 37-177-21, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-177-9, Mississippi Code of 1972, which is the provisions of the Literacy Based Promotion Act, which prohibits a third-grade student from being promoted to the fourth grade if the student fails to achieve a satisfactory passing score on the state annual accountability assessment or on an approved alternative standardized assessment for third grade, is repealed.
SECTION 2. Section 37-177-3, Mississippi Code of 1972, is amended as follows:
37-177-3. Immediately upon the determination of a reading deficiency, and subsequently with each quarterly progress report until the deficiency is remediated, the parent or legal guardian of a kindergarten or first-, second- or third-grade student who exhibits a substantial deficiency in reading must be notified in writing by the student's teacher of the following:
(a) That the student has been identified as having a substantial deficiency in reading;
(b) A description of the services that the school district currently is providing to the student;
(c) A description of the proposed supplemental instructional services and supports that are designed to remediate the identified area of reading deficiency which the school district plans to provide the student, as outlined in the student's individual reading plan;
* * *
( * * *d) Strategies for parents and
guardians to use in helping the student to succeed in reading proficiency; and
( * * *e) That while the state annual
accountability assessment for reading in third grade is the initial
determinant, it is not the sole determiner of promotion and that approved
alternative standardized assessments are available to assist the school
district in knowing when a child is reading at or above grade level * * *.
SECTION 3. 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 * * * 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 Public 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 Public Education.
SECTION 4. 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, not withstanding a student's score on the assessment for reading in the third grade, 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 an individual reading plan as described in Section 37-177-1(2), which outlines 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, not withstanding a student's score on the assessment for reading in the third 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 cumulative academic 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 5. Section 37-177-13, Mississippi Code of 1972, is amended as follows:
37-177-13. Beginning in the 2014-2015 school year, each school district shall take the following actions for retained third-grade students:
(a) Provide third-grade students who are not promoted for cumulative academic deficiencies with intensive instructional services, progress monitoring measures, and supports to remediate the identified areas of reading deficiency, as outlined in the student's individual reading plan, including a minimum of ninety (90) minutes during regular school hours of daily, scientifically research-based reading instruction that includes phonemic awareness, phonics, fluency, vocabulary and comprehension, and other strategies prescribed by the school district, which may include, but are not limited to:
(i) Small group instruction;
(ii) Reduced teacher-student ratios;
(iii) Tutoring in scientifically research-based reading services in addition to the regular school day;
(iv) The option of transition classes;
(v) Extended school day, week or year; and
(vi) Summer reading camps.
(b) Provide written notification to the parent or legal guardian of any third-grade student who is retained that the student has not met the proficiency level required for promotion and the reasons the student is not eligible for a good cause exemption. 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, as outlined in the student's individual reading plan. This notification must be provided to the parent or legal guardian in writing, in a format adopted by the State Board of Education in addition to report cards given by the teacher.
(c) Provide third-grade students who are retained with a high-performing teacher, as determined by student performance data, particularly related to student growth in reading, above-satisfactory performance appraisals, and/or specific training relevant to implementation of this chapter.
(d) Provide parents and legal guardians of third-grade students with a "Read at Home" plan outlined in a parental contract, including participation in regular parent-guided home reading.
SECTION 6. Section 37-177-1, Mississippi Code of 1972, is brought forward as follows:
37-177-1. (1) There is established an act prohibiting social promotion to be known as the "Literacy-Based Promotion Act," the purpose of which is to improve the reading skills of kindergarten and first- through third-grade students enrolled in the public schools so that every student completing the third grade is able to read at or above grade level. It is the intent of the Legislature, in establishing this act, to ensure that: each kindergarten and first- through third-grade student's progression is determined, in part, upon the student's proficiency in reading; the policies of local school boards facilitate this proficiency; and each student and the student's parent or legal guardian is informed of the student's academic progress.
(2) Each public school student who exhibits a substantial deficiency in reading at any time, as demonstrated through performance on a reading screener approved or developed by the State Department of Education or through locally determined assessments and teacher observations conducted in kindergarten and Grades 1 through 3 or through statewide end-of-year assessments or approved alternate yearly assessments in Grade 3, must be given intensive reading instruction and intervention immediately following the identification of the reading deficiency. The intensive reading instruction and intervention must be documented for each student in an individual reading plan, which includes, at a minimum, the following:
(a) The student's specific, diagnosed reading skill deficiencies as determined (or identified) by diagnostic assessment data;
(b) The goals and benchmarks for growth;
(c) How progress will be monitored and evaluated;
(d) The type of additional instructional services and interventions the student will receive;
(e) The research-based reading instructional programming the teacher will use to provide reading instruction, addressing the areas of phonemic awareness, phonics, fluency, vocabulary and comprehension;
(f) The strategies the student's parent is encouraged to use in assisting the student to achieve reading competency; and
(g) Any additional services the teacher deems available and appropriate to accelerate the student's reading skill development.
(3) The universal reading screener or locally determined reading assessment may be given in the first thirty (30) days of the school year and repeated if indicated at midyear and at the end of the school year to determine student progression in reading in kindergarten through third grade. If it is determined that the student continues to have a reading deficiency, the student must be provided with continued intensive reading instruction and intervention by the school district until the reading deficiency is remedied. A student exhibiting continued reading deficiency with continued intensive interventions should be considered for exceptional criteria evaluation.
(4) A kindergarten or first-, second- or third-grade student identified with a deficiency in reading must be provided intensive interventions in reading to ameliorate the student's specific reading deficiency, as identified by a valid and reliable diagnostic assessment. The intensive intervention must include effective instructional strategies, and appropriate teaching methodologies necessary to assist the student in becoming a successful reader, able to read at or above grade level, and ready for promotion to the next grade. A kindergarten, first-, second- or third-grade student identified with a reading deficiency or not promoted may be placed in a transition class.
SECTION 7. Section 37-177-7, Mississippi Code of 1972, is brought forward as follows:
37-177-7. The State Department of Education shall:
(a) Select schools most in need for the reading intervention program and create criteria for selection for participation based on number and percentages of students scoring in the lowest two (2) achievement levels on state-adopted yearly reading assessments, screening results, and other relevant data;
(b) Assign a supervisory position within each school to be responsible for the faithful implementation of the Reading Intervention Program; and
(c) Subject to legislative appropriation, the Mississippi Department of Education shall conduct a program with willing "C" level or low-performing districts and/or schools. The program shall focus on the use of data coaches to improve reading and literacy, to determine the effectiveness of intense data-focused professional development, provide expert support in literacy and early reading instruction but it shall not necessarily be limited to literacy. Data coaches should be experts in both pedagogy and data analysis who facilitate professional learning community meetings, and provide observation and feedback, to help teachers and district leaders build skills in using data to inform instruction. Schools and districts selected by the department to participate in the program shall agree to involve the school and district leadership team as directed by the department. The Mississippi Department of Education is authorized to include pre-school programs it deems appropriate. The department is authorized to contract with a private sector provider to implement the program and work in partnership with four-year institutions of higher learning to develop and implement the program.
SECTION 8. Section 37-177-15, Mississippi Code of 1972, is brought forward as follows:
37-177-15. Each district may provide, where applicable, an intensive acceleration class for any student retained in Grade 3 who was previously retained in kindergarten or Grades 1 through 3. The focus of the intensive acceleration class should be to increase a student's reading level at least two (2) grade levels in one (1) school year. The intensive acceleration class should provide reading instruction and intervention for the majority of student contact each day and incorporate opportunities to master the Grade 4 state standards in other core academic areas.
SECTION 9. Section 37-177-17, Mississippi Code of 1972, is brought forward as follows:
37-177-17. (1) Within thirty (30) days of final State Board of Education approval of state accountability results, the school board of each school district must publish, in a newspaper having a general circulation within the school district, and report to the State Board of Education and the Mississippi Reading Panel the following information relating to the preceding school year:
(a) The provisions of this chapter relating to public school student progression and the school district's policies and procedures on student retention and promotion;
(b) By grade, the number and percentage of all students performing at each level of competency on the reading and math portion of the annual state accountability system and the number and percentage of students given an approved alternative standardized reading assessment and the percentage of these students performing at each competency level on said alternative standardized assessment;
(c) By grade, the number and percentage of all students retained in kindergarten through Grade 8;
(d) Information on the total number and percentage of students who were promoted for good cause, by each category of good cause described in Section 37-177-11; and
(e) Any revisions to the school board's policy on student retention and promotion from the prior school year.
(2) The State Department of Education shall establish a uniform format for school districts to report the information required in subsection (1) of this section. The format must be developed with input from school boards and must be provided no later than ninety (90) days before the annual due date of the information. The department shall compile annually the required district information, along with state-level summary information, and report the information to the Governor, Senate, House of Representatives and general public.
SECTION 10. Section 37-177-19, Mississippi Code of 1972, is brought forward 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.
(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 11. Section 37-177-21, Mississippi Code of 1972, is brought forward as follows:
37-177-21. The provisions of this chapter which include components necessary to provide for teacher training, instructional materials, remedial education training and administration of an intensive literacy curriculum shall be subject to legislative appropriation.
SECTION 12. This act shall take effect and be in force from and after July 1, 2020.