Bill Text: MS HB270 | 2011 | Regular Session | Introduced


Bill Title: Subject area testing & graduation requirements; award diploma to certain students who failed by two points or less.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-02-01 - Died In Committee [HB270 Detail]

Download: Mississippi-2011-HB270-Introduced.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Education

By: Representative Myers

House Bill 270

AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO CAUSE EACH LOCAL DISTRICT SCHOOL BOARD TO REVIEW ITS RECORD OF GRADUATING AND NONGRADUATING SENIORS FOR THE 2009-2010 AND 2010-2011 ACADEMIC SCHOOL YEARS AND TO ISSUE A STANDARD DIPLOMA TO THOSE INDIVIDUALS WHO WERE PROHIBITED FROM GRADUATING FOR FAILURE TO RECEIVE A PASSING SCORE ON A SUBJECT AREA TEST BY TWO POINTS OR LESS; TO REQUIRE THE STATE BOARD OF EDUCATION, STATE SUPERINTENDENT OF PUBLIC EDUCATION AND THE STATE DEPARTMENT OF EDUCATION TO REVIEW AND MAKE THE NECESSARY REVISIONS TO THE MISSISSIPPI PUBLIC SCHOOL ACCOUNTABILITY STANDARDS TO REFLECT STUDENT ASSESSMENT AND GRADUATION REQUIREMENTS ADOPTED BY THE COMMISSION ON SCHOOL ACCREDITATION BEFORE THE APPROVAL AND ADOPTION OF THE 2009 MISSISSIPPI PUBLIC SCHOOL ACCOUNTABILITY STANDARDS; TO IMPOSE A MORATORIUM ON THE ADMINISTRATION OF SUBJECT AREA TESTING FOR THE 2011-2012 ACADEMIC SCHOOL YEAR; TO CREATE A TASK FORCE TO STUDY THE FEASIBILITY AND EFFECTIVENESS OF SUBJECT AREA TESTS IN ORDER TO ASCERTAIN THE POSITIVE OR NEGATIVE IMPACT THAT THE ADMINISTRATION SUBJECT AREA TESTS HAVE UPON THE GRADUATION AND DROPOUT RATES OF HIGH SCHOOL STUDENTS IN MISSISSIPPI; TO PRESCRIBE THE COMPOSITION OF THE TASK FORCE AND TO REQUIRE THE TASK FORCE TO SUBMIT A REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND LEGISLATURE BEFORE AUGUST 1, 2012; TO AMEND SECTION 37-16-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  The State Board of Education shall require each district school board to review its record of high school seniors who received high school diplomas and those who did not during the terms of the 2009-2010 and 2010-2011 academic school years.  After a thorough evaluation review of the district's graduation record for the 2009-2010 and 2010-2011 academic school years, the board shall identify those students who failed to receive a high school diploma for failing to receive a passing score on the required subject area tests in the subjects of English II, biology, algebra and United States history.  The State Board of Education shall require each local school board to award a standard diploma to those students who were prohibited from graduating for failure to pass a subject area test by two (2) points or less, who had otherwise met the requirements established by the district school board and the State Board of Education with regard to the requisite amount of academic credits as required by Section 37-16-7.

     (2)  The State Board of Education in conjunction with the State Superintendent of Public Education and the State Department of Education shall review and make the necessary revisions to the Mississippi Public School Accountability Standards to reflect student assessment and graduation requirements adopted by the Commission on School Accreditation before the approval and adoption of the 2009 Mississippi Public School Accountability Standards.

     (3)  There is hereby imposed a one-year moratorium on the administration of subject area tests beginning with the 2011-2012 academic school year.  During the period in which the moratorium is imposed the State Board of Education shall not require any district school board to administer subject area tests for purposes of determining students' eligibility for graduation.

     SECTION 2.  (1)  It is the intent of the Legislature and the expectation of each community in the state that all children receive a quality public education and attend a school that provides for this opportunity.  To assist the Legislature in shaping public policy to improve student outcomes and educational opportunities for all students in the state, there is established a task force to study the feasibility and effectiveness of subject area tests.  In reviewing the State Board of Education's policies and procedures for administration of the tests and the State Department of Education's selection of material to be tested, the task force shall ascertain the positive or negative impact that the administration subject area tests have upon the graduation and dropout rates of high school students in Mississippi.  The task force shall prepare a report on its findings with recommendations for revisions to those board policies and procedures that the task force has identified as adversely impacting public education in the State of Mississippi. 

     (2)  The task force shall be composed of the following nine (9) members:

          (a)  Two (2) members of the House Education Committee, appointed by the Speaker of the House;

          (b)  Two (2) members of the Senate Education Committee, appointed by the Lieutenant Governor;

          (c)  A school superintendent, appointed by the Mississippi Association of School Superintendents;

          (d)  Two (2) educators who are active members of the Mississippi Association of Education, appointed by the association's president;

          (e)  The State Superintendent of Public Education, or his designee to serve as representative for the State Department of Education; and

          (f)  A representative of the Mississippi School Boards Association, appointed by the board's president.

     (3)  Appointments to the task force must be made within thirty (30) days after the effective date of this act.  Within fifteen (15) days after the expiration of the period for making appointments, on a day to be designated by the State Superintendent of Public Education, the task force shall meet and organize by selecting from its membership a chairman and a vice chairman.  The vice chairman also must serve as secretary and be responsible for keeping all records of the task force.  A majority of the membership of the task force shall constitute a quorum.  In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required.  All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.

     (4)  The task force may contract for any professional services that it deems necessary to complete its work.  The Legislature shall appropriate sufficient funding to the State Department of Education for the contractual costs and travel associated with attending meetings and for the on-site visits to school districts.

     (5)  Members of the task force who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties.  Legislative members of the task force shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the task force may be paid while the Legislature is in session.  Task force members may not incur per diem, travel or other expenses unless previously authorized by vote at a meeting of the task force, which action must be recorded in the official minutes of the meeting.  Nonlegislative members may be paid from any funds made available to the task force for that purpose.

     (6)  The State Department of Education shall provide appropriate staff to assist the task force with carrying out its duties.

     (7)  Before August 1, 2012, the task force shall submit to the Legislature and the Governor a written report of its findings and recommendations.  Upon presentation of its report, the task force shall be dissolved.

     SECTION 3.  Section 37-16-7, Mississippi Code of 1972, is amended as follows:

     37-16-7.  (1)  Notwithstanding the exemption provided under Section 1 of this act, 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.

     (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.

     (3)  The State Board of Education may establish student proficiency standards for promotion to grade levels leading to graduation.

     SECTION 4.  This act shall take effect and be in force from and after its passage.


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