Bill Text: MS HB580 | 2011 | Regular Session | Introduced

Mississippi House Bill 580 (Prior Session Legislation)

Introduced

Bill Title: Student surveys regarding parental information; require written notice to allow parents and allow opting out.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-02-01 - Died In Committee [HB580 Detail]

Download: Mississippi-2011-HB580-Introduced.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Education

By: Representative Dedeaux

House Bill 580

AN ACT TO REQUIRE SCHOOL DISTRICTS TO COMPLY WITH THE FEDERAL LAW WITH REGARD TO PROTECTING STUDENT RIGHTS; TO REQUIRE THAT A SCHOOL DISTRICT REQUIRING STUDENT PARTICIPATION IN CERTAIN SURVEYS, ANALYSES, ASSESSMENTS OR EVALUATIONS OBTAIN WRITTEN CONSENT FROM THE STUDENT'S PARENT OR LEGAL GUARDIAN BEFORE THE STUDENT BE GIVEN ANY SUCH SURVEY, ANALYSIS, ASSESSMENT OR EVALUATION INTENDED TO REVEAL CERTAIN PERSONALLY IDENTIFIABLE INFORMATION ABOUT THE STUDENT OR THE STUDENT'S PARENT OR LEGAL GUARDIAN; TO PRESCRIBE THE NOTICE PROCEDURES THAT MUST BE GIVEN IN ORDER TO CONSTITUTE VALID WRITTEN CONSENT; TO ALLOW A STUDENT'S PARENT OR LEGAL GUARDIAN TO PROVIDE WRITTEN NOTICE TO THE SCHOOL DISTRICT OPTING TO EXCLUDE THE STUDENT FROM PARTICIPATION IN A SURVEY, ANALYSIS, ASSESSMENT OR EVALUATION; TO REQUIRE THE PARENT'S OR LEGAL GUARDIAN'S OPT-OUT NOTICE TO BE ACCOMPANIED WITH A MEDICAL OR CLINICAL STATEMENT ISSUED BY A LICENSED PROFESSIONAL THERAPIST, PHYSICIAN OR PSYCHOLOGIST INDICATING THE REASONS FOR THE STUDENT'S EXCLUSION; TO BRING FORWARD SECTIONS 37-16-1 THROUGH 37-16-11, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 37-13-183, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) A school district shall comply with 20 USCS Section 1232(h) with regard to the protection of student rights. A school district or school district employee who requires participation in a survey, analysis, assessment or evaluation in a public school's curriculum, the school district's administration of statewide assessment under Chapter 16, Title 37, Mississippi Code of 1972, and Section 37-13-183 or other official school activity shall obtain the written consent of a student's parent or legal guardian before the student is given any survey, analysis, assessment or evaluation intended to reveal information, whether the information is personally identifiable or not, concerning the student or the student's parents or legal guardians:

(a) Political or religious affiliations;

(b) Mental and psychological conditions potentially embarrassing to the student or the student's family;

(d) Illegal, anti-social, self-incriminating or demeaning behavior;

(e) Critical appraisals of individuals with whom a student has close family relationships;

(f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians and members of the clergy; or

(g) Income, except as required by law.

(2) The requirement of written consent under this section shall apply throughout a public school's curriculum, the school district's administration of statewide assessments under Chapter 16, Title 37, Mississippi Code of 1972, and Section 37-13-183 and other school activities.

(3) Written consent under this section is valid only if a parent or legal guardian has first been given written notice of the survey, analysis, assessment or evaluation by the school district and has been afforded at least two (2) weeks, after receipt of such notice, to obtain written information concerning:

(a) Records or information that may be examined and requested in the survey, analysis, assessment or evaluation;

(b) The means by which the records or information shall be examined, reviewed or disseminated;

(d) The purposes for which the records or information is needed;

(e) The entities or persons, regardless of affiliation, who will have access to the information; and

(f) A method by which a parent or legal guardian of a student can grant or deny permission to access or examine the records or information.

(4) In addition to the written notice being provided to a parent and/or legal guardian as required under subsections (1), (2) and (3) of this section, the parent or legal guardian also may submit written notice to the school district opting to exclude his or her child from participation in a survey, analysis, assessment or evaluation in a public school's curriculum, the school district's administration of statewide assessments under Chapter 16, Title 37, Mississippi Code of 1972, and Section 37-13-183 or other official school activity. However, the notice submitted by a parent or legal guardian opting to exclude his or her child must be accompanied by a written medical or clinical statement issued by a licensed professional therapist, physician or psychologist indicating the reasons for the student's exclusion, and shall serve as notice to exclude the student from any and all such surveys, analyses, assessments or evaluations for the duration of the academic school term.

(5) Nothing in this section shall be construed to prevent a public school employee from reporting known or suspected child abuse or neglect as required under Section 43-21-353.

(6) Nothing in this section shall be construed to prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, analysis, or evaluation without obtaining the written consent of the student's parent or legal guardian as long as the participation without parental consent is not prohibited otherwise by federal law.

(7) Nothing in this section shall be construed to limit the ability of a health professional who is acting as an agent of the school district from evaluating an individual child.

SECTION 2. Section 37-16-1, Mississippi Code of 1972, is brought forward as follows:

37-16-1. The primary purpose of the statewide testing program is to provide information needed for state-level decisions. The program shall be designed to:

(a) Assist in the identification of educational needs at the state, district and school levels.

(b) Assess how well districts and schools are meeting state goals and minimum performance standards.

(d) Provide a basis for comparisons among districts and between districts, the state and the nation, where appropriate.

(e) Produce data which can be used to aid in the identification of exceptional educational programs or processes.

SECTION 3. Section 37-16-3, Mississippi Code of 1972, is brought forward 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. 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, 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 the 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.

(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 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.

SECTION 4. Section 37-16-4, Mississippi Code of 1972, is brought forward as follows:

37-16-4. (1) It is unlawful for anyone knowingly and willfully to do any of the following acts regarding mandatory uniform tests administered to students as required by the State Department of Education:

(a) Give examinees access to test questions prior to testing;

(b) Copy or reproduce all or any portion of any secure test booklet;

(d) Make answer keys available to examinees;

(e) Fail to account for all secure test materials before, during and after testing;

(f) Participate in, direct, aid, counsel, assist in, encourage or fail to report any of the acts prohibited in this section.

(2) Any person violating any provisions of subsection (1) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned for not more than ninety (90) days, or both. Upon conviction, the State Board of Education may suspend or revoke the administrative or teaching credentials, or both, of the person convicted.

(3) The district attorney shall investigate allegations of violations of this section, either on its own initiative following a receipt of allegations, or at the request of a school district or the State Department of Education.

(4) The district attorney shall furnish to the State Superintendent of Education a report of the findings of any investigation conducted pursuant to this section.

(5) The State Board of Education shall establish statistical guidelines to examine the results of state mandated tests to determine where there is evidence of testing irregularities resulting in false or misleading results in the aggregate or composite test scores of the class, grade, age group or school district. When said irregularities are identified, the State Superintendent of Education may order that any group of students identified as being required to retake the test at state expense under state supervision. The school district shall be given at least thirty (30) days' notice before the next test administration and shall comply with the order of the State Superintendent of Education. The results from the second administration of the test shall be final for all uses of that data.

(6) Nothing in this section may be construed to prohibit or interfere with the responsibilities of the State Board of Education or the State Department of Education in test development or selection, test form construction, standard setting, test scoring, and reporting, or any other related activities which in the judgment of the State Superintendent of Education are necessary and appropriate.

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

37-16-5. 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.

SECTION 6. Section 37-16-7, Mississippi Code of 1972, is brought forward 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.

(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 7. Section 37-16-9, Mississippi Code of 1972, is brought forward as follows:

37-16-9. (1) The state board shall, after a public hearing and consideration, make provision for appropriate accommodations for testing instruments and procedures for students with identified handicaps or disabilities in order to ensure that the results of the testing represent the student's achievement, rather than reflecting the student's impaired sensory, manual, speaking or psychological process skills, except when such skills are the factors the test purports to measure.

(2) The public hearing and consideration required hereunder shall not be construed to amend or nullify the requirements of security relating to the contents of examinations or assessment instruments and related materials or data.

(3) Children with disabilities shall be included in general statewide and district-wide assessments programs, with appropriate accommodations, where necessary. As appropriate, the State

Department of Education and the local educational agency shall:

(a) Develop policies and procedures for the participation of children with disabilities in alternate assessments for those children who cannot participate in statewide and district-wide assessment programs; and

(b) Develop and, beginning not later than July 1, 2000, conduct those alternate assessments.

(4) The State Department of Education shall make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:

(a) The number of children with disabilities participating in regular assessments;

(b) The number of children participating in alternate assessments;

(c) The performance of those children on regular assessments, beginning not later than July 1, 1998, and on alternate assessments, not later than July 1, 2000, if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children; and

(d) Data relating to the performance of children with disabilities shall be disaggregated for assessments conducted after July 1, 1998.

SECTION 8. Section 37-16-11, Mississippi Code of 1972, is brought forward as follows:

37-16-11. (1) A student who has been properly classified, in accordance with rules established by the state board as "educable person with an intellectual disability," "trainable person with an intellectual disability," "deaf," "specific learning disabled," "physically handicapped whose ability to communicate orally or in writing is seriously impaired" or "emotionally handicapped" shall not be required to meet all requirements of Section 37-16-7, and shall, upon meeting all applicable requirements prescribed by the district school board, be awarded a special diploma in a form prescribed by the state board; however, such special graduation requirements prescribed by the district school board shall include minimum graduation requirements as prescribed by the state board. Any such student who meets all special requirements of the district school board for his exceptionality, but is unable to meet the appropriate special state minimum requirements, shall be awarded a special certificate of completion in a form prescribed by the state board. Nothing provided in this section, however, shall be construed to limit or restrict the right of an exceptional student solely to a special diploma. Any such student shall, upon proper request, be afforded the opportunity to fully meet all requirements of Section 37-16-7 through the standard procedures established therein and thereby qualify for a standard diploma upon graduation.

(2) The State Board of Education shall develop and issue criteria for a Mississippi Occupational Diploma for students having a disability as defined by the federal Individuals with Disabilities Education Act. Beginning with the 2002-2003 school year, any such student, upon proper request, shall be afforded the opportunity to fully meet such requirements and qualify for an occupational diploma upon graduation.

SECTION 9. Section 37-13-183, Mississippi Code of 1972, is brought forward as follows:

37-13-183. Assessment of the students' understanding of the character traits chosen to be taught in public school shall be limited to and must reflect the material taught in the classroom. Students shall not be evaluated in any way as to whether or not the students evidence a specific character trait in their own lives.

SECTION 10. This act shall take effect and be in force from and after July 1, 2011.