Bill Text: MS HB5 | 2016 | Regular Session | Introduced

Mississippi House Bill 5 (Prior Session Legislation)

Introduced

Bill Title: English Language Arts and Mathematics-Based Promotion Act; establish to achieve grade-level ELAM proficiency by end of Grade 4.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-23 - Died In Committee [HB5 Detail]

Download: Mississippi-2016-HB5-Introduced.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Education

By: Representative Frierson

House Bill 5

AN ACT TO ESTABLISH THE "ENGLISH LANGUAGE ARTS AND MATHEMATICS-BASED PROMOTION ACT" TO IMPROVE KINDERGARTEN AND FIRST THROUGH FOURTH GRADE PUBLIC SCHOOL STUDENTS' LANGUAGE AND MATHEMATICS SKILLS SO THAT EVERY STUDENT COMPLETING FOURTH GRADE READS AT OR ABOVE GRADE LEVEL; TO REQUIRE SCHOOL DISTRICTS TO PROVIDE INTENSIVE ENGLISH LANGUAGE ARTS AND MATHEMATICS INSTRUCTION AND INTERVENTION TO STUDENTS EXHIBITING A SUBSTANTIAL DEFICIENCY IN ENGLISH LANGUAGE ARTS AND MATHEMATICS IN KINDERGARTEN AND GRADES 1 THROUGH 4; TO PROHIBIT THE PROMOTION OF STUDENTS WHOSE ENGLISH LANGUAGE ARTS, MATHEMATICS OR BOTH, ENGLISH LANGUAGE ARTS AND MATHEMATICS DEFICIENCIES ARE NOT REMEDIED BEFORE THE END OF FOURTH GRADE; TO REQUIRE NOTICE TO BE GIVEN TO PARENTS OF KINDERGARTEN AND FIRST THROUGH FOURTH GRADE STUDENTS EXHIBITING A ENGLISH LANGUAGE ARTS AND MATHEMATICS DEFICIENCY; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ESTABLISH THE MISSISSIPPI ENGLISH LANGUAGE ARTS AND MATHEMATICS PANEL TO COLLABORATE WITH THE DEPARTMENT ON ADOPTION OF APPROPRIATE ALTERNATIVE STANDARDIZED ASSESSMENTS AND APPROPRIATE SCREENING ASSESSMENTS; TO PROHIBIT THE PROMOTION OF PUBLIC SCHOOL STUDENTS BASED SOLELY ON A STUDENT'S AGE OR OTHER SOCIAL PROMOTION FACTORS; TO ESTABLISH GOOD CAUSE EXEMPTIONS FOR PROMOTION FOR FOURTH GRADE STUDENTS FAILING TO MEET ACADEMIC REQUIREMENTS FOR PROMOTION; TO SPECIFY CERTAIN ACTIONS SCHOOL DISTRICTS MUST TAKE IN IMPLEMENTING THE ENGLISH LANGUAGE ARTS AND MATHEMATICS-BASED PROMOTION ACT IN KINDERGARTEN AND GRADES 1 THROUGH 4; TO REQUIRE SCHOOL BOARDS TO SUBMIT ANNUAL REPORTS TO PARENTS ON THEIR RESPECTIVE STUDENT'S PROGRESS IN ENGLISH LANGUAGE ARTS AND MATHEMATICS; TO REQUIRE SCHOOL BOARDS TO PUBLISH DATA REFLECTING STUDENT PROGRESSION AND PERFORMANCE IN A LOCAL NEWSPAPER; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT POLICIES NECESSARY FOR THE IMPLEMENTATION OF THE PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) (a) There is established an act prohibiting social promotion to be known as the "English Language Arts and Mathematics-Based Promotion Act," the purpose of which is to improve the language and mathematics skills of kindergarten and first through fourth grade students enrolled in the public schools so that every student completing the fourth grade is able to apply English language arts, literacy knowledge and mathematics concepts at or above grade level by demonstrating, the following:

(i) An adequate understanding of and ability to read closely and analytically comprehend a range of literary and informational texts of varying complexity, and to use textual evidence to demonstrate critical thinking at or above grade level by:

1. Identifying explicit details and implicit information from the text to support answers or inferences provided by the item;

2. Identifying or summarizing central ideas or key events;

3. Determining intended meanings of words, including words with multiple meanings, based on context, word relationships, word structure or with the use of resources;

4. Using supporting evidence to justify/explain their own inferences;

5. Interpreting, specifying or comparing how information is presented across texts;

6. Relating knowledge of text structures, genre-specific features or formats to obtain, interpret, explain or connect information within text; and

7. Determining or interpreting figurative language, literary devices or connotative meanings of words and phrases used in context and the impact of those word choices on meaning and tone;

(ii) An adequate understanding of and ability to produce effective and well-grounded writing for a range of purposes and audiences at or above grade level by:

1. Writing or revising one (1) or more paragraphs, demonstrating specific narrative strategies, chronology, appropriate transitional strategies for coherence or author's craft appropriate to purpose;

2. Writing full compositions, demonstrating narrative strategies, structures, appropriate transitional strategies for coherence and author's craft appropriate to purpose;

3. Writing or revising one (1) or more informational or explanatory paragraphs demonstrating ability to organize ideas by stating a focus, including appropriate transitional strategies for coherence or supporting evidence and elaboration, or writing body paragraphs or a conclusion appropriate to purpose and audience;

4. Writing full informational or explanatory texts on a topic, attending to purpose and audience, organizing ideas by stating a focus, including structures and appropriate transitional strategies for coherence with supporting evidence;

5. Using text features in informational texts to enhance meaning;

6. Writing or revising one (1) or more paragraphs demonstrating ability to state opinions about topics or sources, setting a context, organizing ideas, developing supporting evidence or reasons and elaboration, or developing a conclusion appropriate to purpose and audience;

7. Writing full opinion pieces about topics or sources, attending to purpose and audience, organizing ideas by stating a context and focus, including structures and appropriate transitions for coherence, developing supporting evidence or reasons and elaboration, and developing an appropriate conclusion;

8. Strategically using language and vocabulary appropriate to the purpose and audience when revising or composing texts;

9. Applying or editing grade-level grammar, usage and mechanics to clarify a message and edit narrative, informational and opinion texts; and

10. Using tools of technology to gather information, make revisions or produce texts;

(iii) An adequate understanding of and ability to employ effective speaking and listening skills for a range of purposes or audiences at or above grade level by interpreting and using information delivered orally or audio-visually;

(iv) An adequate understanding of and ability to engage in research and inquiry to investigate topics and to analyze, integrate and present information at or above grade level by:

1. Conducting short research projects to answer multistep questions or to investigate different aspects of a broader topic or concept;

2. Locating information to support central ideas and subtopics, and selecting and integrating information from data or print and electronic text sources;

3. Distinguishing relevant and irrelevant information; and

4. Generating conjectures or opinions and citing evidence to support them based on prior knowledge and evidence collected and analyzed;

(v) An adequate understanding of and ability to explain and apply mathematical concepts and carry out mathematical procedures with precision and fluency at or above grade level;

(vi) An adequate understanding of and ability to solve a range of complex, well-posed problems in pure and applied mathematics, making productive use of knowledge and problem solving strategies at or above grade level;

(vii) An adequate understanding of and ability to clearly and precisely construct viable arguments to support their own reasoning and to critique the reasoning of others at or above grade level; and

(viii) An adequate understanding of and ability to analyze complex, real-world scenarios and can construct and use mathematical models to interpret and solve problems at or above grade level.

(b) It is the intent of the Legislature, in establishing this act, to ensure that:

(i) Each kindergarten and first through fourth grade student's progression is determined, in part, upon the student's proficiency in English language arts and mathematics;

(ii) The policies of local school boards facilitate this proficiency; and

(iii) 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 English language arts, mathematics or both, English language arts and mathematics, at any time, as demonstrated through performance on a English language arts and mathematics 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 4 or through statewide end-of-year assessments or approved alternate yearly assessments in Grade 4, must be given intensive instruction and intervention in English language arts, mathematics or both, English language arts and mathematics, immediately following the identification of the deficiency.

(3) The universal English language arts and mathematics screener or locally determined English language arts and mathematics 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 English language arts and mathematics in kindergarten through fourth grade. If it is determined that the student continues to have a deficiency in English language arts, mathematics or both, English language arts and mathematics, the student must be provided with continued intensive instruction and intervention by the school district until the deficiency in English language arts, mathematics or both, English language arts and mathematics are remedied. A student exhibiting continued deficiency in English language arts, mathematics or both, English language arts and mathematics with continued intensive interventions should be considered for exceptional criteria evaluation.

(4) A kindergarten or first, second, third or fourth grade student identified with a deficiency in English language arts, mathematics or both, English language arts and mathematics must be provided intensive interventions to ameliorate the student's specific deficiency, as identified by a valid and reliable diagnostic assessment. The intensive intervention must include effective instructional strategies, appropriate teaching methodologies necessary to assist the student in becoming successful to perform all components of English language arts and mathematics at or above grade level, and ready for promotion to the next grade. A kindergarten, first, second, third or fourth grade student identified with a deficiency in English language arts, mathematics or both, English language arts and mathematics or not promoted may be placed in a transition class.

SECTION 2. Immediately upon the determination of an English language arts and mathematics deficiency, and subsequently with each quarterly progress report until the deficiency is remediated, the parent or legal guardian of a kindergarten or first, second, third or fourth grade student who exhibits a substantial deficiency in English language arts, mathematics or both, English language arts and mathematics 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 English language arts, mathematics or both, English language arts and mathematics;

(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 deficiency in English language arts, mathematics or both, English language arts and mathematics, which the school district plans to provide the student;

(d) That if the student's English language arts and mathematics deficiency is not remediated before the end of the student's fourth grade year, the student will not be promoted to fifth grade unless a good cause exemption specified under Section 6 of this act is met;

(e) Strategies for parents and guardians to use in helping the student to succeed in English language arts and mathematics proficiency; and

(f) That while the state annual accountability assessment for English language arts and mathematics in fourth 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 performing English language arts and mathematics skills at or above grade level and ready for promotion to the next grade.

SECTION 3. The State Department of Education shall establish a Mississippi English Language Arts and Mathematics 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 fifth grade of those fourth grade students who scored at the lowest achievement level on the state annual accountability assessment 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 leading intervention program to identify English language arts and mathematics 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 leading intervention program taking into consideration those screening assessments already being used satisfactorily in Mississippi elementary schools. 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 4. The State Department of Education shall:

(a) Select schools most in need for the leading 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 English language arts and mathematics assessments, screening results, and other relevant data; and

(b) Assign a supervisory position within each school to be responsible for the faithful implementation of the English Language Arts and Mathematics Intervention Program.

SECTION 5. 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 2017-2018 school year, if a student's English language arts and mathematics deficiency is not remedied by the end of the student's fourth grade year, as demonstrated by the student scoring at the lowest achievement level in English language arts and mathematics on the state annual accountability assessment or on an approved alternative standardized assessment for fourth grade, the student shall not be promoted to fifth grade.

SECTION 6. (1) A fourth grade student who does not meet the academic requirements for promotion to the fifth 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 English language arts, mathematics or both, English language arts and mathematics for more than two (2) years but still demonstrates a deficiency in English language arts, mathematics or both, English language arts and mathematics and previously was retained in kindergarten or first, second, third or fourth grade;

(d) Students who demonstrate an acceptable level of English language arts and mathematics proficiency on an alternative standardized assessment approved by the State Board of Education; and

(e) Students who have received intensive intervention in English language arts, mathematics or both, English language arts and mathematics for two (2) or more years but still demonstrate a deficiency and who previously were retained in kindergarten or first, second, third or fourth grade for a total of two (2) years and have not met exceptional education criteria. A student who is promoted to fifth grade with a good cause exemption shall be provided intensive English language arts, mathematics or both, English language arts and mathematics instruction and intervention informed by specialized diagnostic information and delivered through specific English language arts and mathematics strategies to meet the needs of each student so promoted. The school district shall assist schools and teachers in implementing English language arts and mathematics strategies that research has shown to be successful in improving English language arts and mathematics among students with persistent English language arts and mathematics difficulties.

(2) A request for good cause exemptions for a fourth grade student from the academic requirements established for promotion to fifth 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 act. 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 7. Beginning in the 2017-2018 school year, each school district shall take the following actions for retained fourth grade students:

(a) Provide fourth grade students who are not promoted with intensive instructional services, progress monitoring measures, and supports to remediate the identified areas of English language arts and mathematics deficiency, including a minimum of ninety (90) minutes during regular school hours of daily, scientifically research-based English language arts and mathematics instruction 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 reasearch-based English language arts and mathematics services in addition to the regular school day;

(iv) The option of transition classes;

(v) Extended school day, week or year; and

(vi) Summer English language arts and mathematics camps;

(b) Provide written notification to the parent or legal guardian of any fourth 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 deficiency in English language arts, mathematics or both, English language arts and mathematics. 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 fourth grade students who are retained with a high-performing teacher, as determined by student performance data, particularly related to student growth in English language arts and mathematics, above-satisfactory performance appraisals, and/or specific training relevant to implementation of this act; and

(d) Provide parents and legal guardians of fourth grade students with an "ELAM at Home" plan outlined in a parental contract, including participation in regular parent-guided home English language arts and mathematics.

SECTION 8. Each school district may provide, where applicable, an intensive acceleration class for any student retained in Grade 4 who was previously retained in kindergarten or Grades 1 through 4. The focus of the intensive acceleration class should be to increase a student's English language arts and mathematics level at least two (2) grade levels in one (1) school year. The intensive acceleration class should provide English language arts and mathematics instruction and intervention for the majority of student contact each day and incorporate opportunities to master the Grade 5 state standards in other core academic areas.

SECTION 9. (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 English Language Arts and Mathematics Panel the following information relating to the preceding school year:

(a) The provisions of this act 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 English language arts and mathematics portion of the annual state accountability system and the number and percentage of students given an approved alternative standardized English language arts and mathematics assessment and the percentage of these students performing at each competency level on said alternative standardized assessment;

(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 6 of this act; 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. (1) The State Board of Education shall adopt such policies, rules and regulations as may be necessary for the implementation of this act.

(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 act.

(3) Each local school district must include provisions required by this act as an addition to the district's published handbook of policy for employees and students beginning in school year 2016-2017.

SECTION 11. The provisions of Sections 1 through 10 of this act 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 its passage.