Senate Bill 2801

AN ACT TO AMEND SECTION 37-16-7, MISSISSIPPI CODE OF 1972, TO REQUIRE HIGH SCHOOL GRADUATES TO PASS AT LEAST 60% OF THE CIVICS PORTION OF THE NATURALIZATION TEST USED BY THE IMMIGRATION SERVICES; TO AMEND SECTION 37-35-9, MISSISSIPPI CODE OF 1972, TO REQUIRE HIGH SCHOOL EQUIVALENCY DIPLOMA APPLICANTS TO PASS AT LEAST 60% OF THE CIVICS PORTION OF THE NATURALIZATION TEST USED BY THE IMMIGRATION SERVICES; AND FOR RELATED PURPOSES.

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

SECTION 1. 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.

(c) (i) Beginning in the 2020-2021 school year, fulfillment of a requirement to correctly answer at least sixty (60) of the one hundred (100) questions listed on a test that is identical to the civics portion of the Naturalization Test used by the United States Citizenship and Immigration Services.

(ii) The local school board may determine the method and manner in which to administer a test that is identical to the civics portion of the Naturalization Test used by the United States Citizenship and Immigration Services.

(iii) A student who does not obtain a passing score on the test that is identical to the civics portion of the Naturalization Test may retake the test until the student obtains a passing score.

(iv) A student who has passed a similar test within the previous three (3) years shall not be required to take the test under this paragraph (c).

(v) Provisions of this paragraph (c) shall be subject to the requirements and accommodations of a student's Individualized Education Program.

( * * *cd) By school, information on high school graduation rates. High schools with graduation rates lower than eighty percent (80%) must submit a detailed plan to the Mississippi Department of Education to restructure the high school experience to improve graduation rates.

(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.

SECTION 2. Section 37-35-9, Mississippi Code of 1972, is amended as follows:

37-35-9. (1) The Mississippi Community College Board is authorized to develop and establish general educational development preparatory classes in secondary schools and community/junior colleges and to provide financial assistance from the state for the specific purpose of preparing persons sixteen (16) years of age and older, not enrolled in school or required to be enrolled in school by the Compulsory School Attendance Law (Section 37-13-91) to successfully write the general educational development test and earn a certificate of equivalency which is equivalent to the high school diploma.

(2) (a) The Mississippi Community College Board is authorized to administer the High School Equivalency Diploma Testing Program in accordance with the policies and guidelines of the High School Equivalency Diploma Testing Service of the American Council on Education. Such administration shall include the approval of rules and regulations for the administration, scoring, issuing of transcripts and awarding of diplomas for the High School Equivalency Diploma Testing Program. The Mississippi Community College Board is hereby authorized to assess a fee in an amount not to exceed Five Dollars ($5.00) for issuing an additional copy of a High School Equivalency Diploma transcript.

(b) (i) Beginning January 1, 2024, the Mississippi Community College Board shall require that a person must correctly answer at least sixty (60) of the one hundred (100) questions listed on a test that is identical to the civics portion of the Naturalization Test used by the United States Citizenship and Immigration Services in order to obtain a High School Equivalency Diploma.

(ii) The Mississippi Community College Board may determine the method and manner in which to administer a test that is identical to the civics portion of the Naturalization Test used by the United States Citizenship and Immigration Services.

(iii) A person who does not obtain a passing score on the test that is identical to the civics portion of the Naturalization Test may retake the test until the person obtains a passing score.

(iv) A person who has passed a similar test within the previous three (3) years shall not be required to take the test under this paragraph (b).

(4) This program shall be administered by the Mississippi Community College Board through the secondary schools and community/junior colleges as the local needs indicate and are practical.

(5) Full and general supervision over the program by the Mississippi Community College Board shall insure that duplication of effort by secondary schools and community/junior colleges will be eliminated; however, nothing in this section shall be construed to prohibit a school district from implementing a program of High School Equivalency Diploma preparatory instruction.

(6) Adult students for general educational development preparatory classes may be accepted by schools and junior colleges from any area of the state provided students are bona fide residents of Mississippi.

(7) Instructors, counselors and supervisors utilized in the teaching of general educational development preparatory classes shall be licensed in the appropriate area as required by the Mississippi Community College Board.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.