Bill Text: MS HB451 | 2015 | Regular Session | Introduced
Bill Title: Statewide testing procedure; impose criminal and civil penalty for false certification of secure admin. of to the SDE.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB451 Detail]
Download: Mississippi-2015-HB451-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Education; Appropriations
By: Representative Moore
House Bill 451
AN ACT TO AMEND SECTION 37-16-3, MISSISSIPPI CODE OF 1972, TO REVISE THE POWER AND DUTIES OF THE STATE DEPARTMENT OF EDUCATION WITH REGARD TO THE DISCIPLINARY ACTIONS TO BE TAKEN AGAINST A SCHOOL DISTRICT FOUND TO BE IN VIOLATION OF STATEWIDE TEST ADMINISTRATION PROCEDURES; TO REQUIRE SCHOOL DISTRICTS TO REIMBURSE THE DEPARTMENT THE ACTUAL AND NECESSARY COSTS RELATED TO INVESTIGATION OF ANY VERIFIED TESTING IRREGULARITY THAT JEOPARDIZE THE SECURITY OR INTEGRITY OF THE TESTS OR TEST RESULTS WITHIN SIX MONTHS FROM THE DATE OF NOTICE FOR REIMBURSEMENT BY THE DEPARTMENT; TO REQUIRE PRINCIPALS AND TEACHERS OF EACH SCHOOL WHERE A STATEWIDE TEST IS ADMINISTERED TO CERTIFY UNDER OATH THAT THE TEST WAS ADMINISTERED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THE MISSISSIPPI STATEWIDE ASSESSMENT SYSTEM ADOPTED BY THE STATE BOARD OF EDUCATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-16-3, Mississippi Code of 1972, is amended as follows:
37-16-3. (1) The State Department of Education is directed to implement a program of statewide assessment testing which shall provide for the improvement of the operation and management of the public schools. The statewide program shall be timed, as far as possible, so as not to conflict with ongoing district assessment programs. As part of the program, the department shall:
(a) Establish, with the approval of the State Board of Education, minimum performance standards related to the goals for education contained in the state's plan including, but not limited to, basic skills in reading, writing and mathematics. The minimum performance standards shall be approved by April 1 in each year they are established.
(b) Conduct a uniform statewide testing program in grades deemed appropriate in the public schools, including charter schools. The program may test skill areas, basic skills and high school course content.
(c) Monitor the results of the assessment program and, at any time the composite student performance of a school or basic program is found to be below the established minimum standards, notify the district superintendent or the governing board of the charter school, as the case may be, the school principal and the school advisory committee or other existing parent group of the situation within thirty (30) days of its determination. The department shall further provide technical assistance to a school district in the identification of the causes of this deficiency and shall recommend courses of action for its correction.
(d) Provide technical assistance to the school districts, when requested, in the development of student performance standards in addition to the established minimum statewide standards.
(e) Issue security procedure regulations providing for the security and integrity of the tests that are administered under the basic skills assessment program.
(f) In case of an allegation of a testing irregularity that prompts a need for an investigation by the State Department of Education, the department may, in its discretion, take complete control of the statewide test administration in a school district or any part thereof, including, but not limited to, obtaining control of the test booklets and answer documents. The State Department of Education shall be reimbursed by the local school district from funds other than federal funds, Mississippi Adequate Education Program funds or any other state funds within six (6) months from the date of notice by the department to the school district to make such reimbursement payment to the department.
(2) Uniform basic skills tests shall be completed by each student in the appropriate grade. These tests shall be administered in such a manner as to preserve the integrity and validity of the assessment. In the event of excused or unexcused student absences, make-up tests shall be given. The school superintendent of every school district in the state and the principal of each charter school shall annually certify to the State Department of Education that each student enrolled in the appropriate grade has completed the required basic skills assessment test for his or her grade in a valid test administration.
(3) Principals and teachers of each school in a school district where a statewide test was administered shall certify under oath to the State Department of Education, on a form developed by the department, that each statewide test was administered in strict accordance with the requirements of the Mississippi Statewide Assessment System as adopted by the State Board of Education. The submission of a false certification to the department may result in licensure disciplinary action under Section 37-3-2, and criminal prosecution under Section 37-16-4.
SECTION 2. This act shall take effect and be in force from and after its passage.
