House Bill 238

AN ACT TO AMEND SECTION 37-16-5, MISSISSIPPI CODE OF 1972, TO REQUIRE LOCAL SCHOOL BOARDS TO ASSESS THE STUDENT PERFORMANCE OF ALL ELEVENTH GRADE STUDENTS USING THE GENERAL EDUCATIONAL DEVELOPMENT OR HIGH SCHOOL EQUIVALENCY TEST PROGRAM; TO PROHIBIT STUDENTS DETERMINED BY THE ASSESSMENT TO BE PERFORMING BELOW GRADE LEVEL FROM EXERCISING ANY SENIOR PRIVILEGE OF EARLY RELEASE FROM SCHOOL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-16-5, Mississippi Code of 1972, is amended as follows:

37-16-5. (1) The school board of every district in this state shall periodically assess student performance and achievement in each school. Such assessment programs shall be based upon local goals and objectives which are compatible with the state's plan for education and which supplement the minimum performance standards approved by the State Board of Education. Data from district assessment programs shall be provided to the State Department of Education when such data is required in order to evaluate specific instructional programs or processes or when the data is needed for other research or evaluation projects. Each district may provide acceptable, compatible district assessment data to substitute for any assessment data needed at the state level when the State Department of Education certifies that such data is acceptable for the purposes of Section 37-16-3.

(2) The school board of every school district shall assess the performance of each student in Grade 11 through the administration of the general educational development or High School Equivalency Diploma Test Program as used by the Mississippi Community College Board for adult basic education. The assessment must be administered before the conclusion of the year in which a student is enrolled in Grade 11. Any student whose performance on the assessment demonstrates that the student is performing below grade level may not exercise any privilege that may be granted by the school district to seniors in that district for early release during regular school hours upon completion of all academic classes required for the day.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.