Bill Text: MS HB68 | 2016 | Regular Session | Introduced
Bill Title: Remedial education courses of instruction; create program to require students with certain test scores to take.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB68 Detail]
Download: Mississippi-2016-HB68-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Education
By: Representative Frierson
House Bill 68
AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES THAT REQUIRE UPPER MIDDLE AND HIGH SCHOOLS TO EVALUATE THE ACADEMIC APTITUDE AND COLLEGE READINESS OF EACH STUDENT WHO SCORES MINIMAL OR BASIC ON THE GRADE 8 ASSESSMENTS BEFORE THE BEGINNING OF GRADE 9; TO PROVIDE THAT THE GRADE 8 SUMMATIVE ASSESSMENT SHALL BE EFFECTIVE FOUR YEARS AFTER THE EFFECTIVE DATE OF THE "ENGLISH LANGUAGE ARTS AND MATHEMATICS-BASED PROMOTION ACT," WHICH ASSESSES ACADEMIC PROFICIENCY OF STUDENTS IN GRADE 4, AS PROVIDED FOR IN HOUSE BILL NO. _____, 2016 REGULAR SESSION; TO REQUIRE UPPER MIDDLE AND HIGH SCHOOLS TO USE TEST RESULTS TO ADVISE STUDENTS OF ANY DEFICIENCIES IN ACADEMIC DISCIPLINES INCLUDED ON THE GRADE 8 SUMMATIVE ASSESSMENT, AND TO PROVIDE STUDENTS APPROPRIATE EVIDENCE-BASED REMEDIAL EDUCATION COURSES OF INSTRUCTION IN GRADE 9 TO BE INCLUDED AS A REQUIREMENT FOR GRADUATION; TO REQUIRE THE STATE BOARD OF EDUCATION TO IDENTIFY THE CURRICULUM IN THE PROGRAM OF REMEDIAL EDUCATION COURSE INSTRUCTION, WHICH SHALL PROVIDE FOR TWELVE (12) COURSES OF REMEDIATION; TO REQUIRE THE STATE BOARD OF EDUCATION TO ESTABLISH THE PASSING SCORES REQUIRED TO DEMONSTRATE GRADE-LEVEL PROFICIENCY AND READINESS TO PERFORM COLLEGE-LEVEL WORK AFTER ADMINISTERING A GRADE 8 SUMMATIVE ASSESSMENT PILOT DURING THE 2016-2017 SCHOOL BY OCTOBER 31, 2017; TO PRESCRIBE WHAT THE STATE BOARD OF EDUCATION RULES SHALL ENTAIL FOR DISTRICTS' OPERATION OF REMEDIATION PROGRAMS; TO PROVIDE THAT WHEN A STUDENT SUCCESSFULLY TESTS OUT OF REMEDIATION THE STUDENT SHALL REQUIRE 23 CARNEGIE UNITS TO BE ELIGIBLE FOR GRADUATION; TO AMEND SECTION 37-15-38, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS TO CREATE AN ADDITIONAL EXCEPTION TO THE DUAL ENROLLMENT UNDER THE MISSISSIPPI WORKS DUAL ENROLLMENT-DUAL CREDIT OPTION PROVIDED TO CERTAIN STUDENTS; TO BRING FORWARD SECTIONS 37-16-3, 37-20-3 AND 37-20-7, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 37-20-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THE TYPE OF ASSESSMENTS USED IN DETERMINING THE FORMULA FOR ALLOCATING FUNDS TO SCHOOL DISTRICTS UNDER THE "MISSISSIPPI REMEDIAL EDUCATION ACT OF 1988" BY REMOVING AND REPLACING THE OBSOLETE ASSESSMENT OF THE FUNCTIONAL LITERACY EXAM WITH THE GRADE 8 SUMMATIVE ASSESSMENT AND END-OF-COURSE SUBJECT AREA TESTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) The State Board of Education shall adopt rules that require upper middle and high schools to evaluate, before the beginning of Grade 9, the academic aptitude and college readiness of each student who scores Minimal or Basic on the Grade 8 assessments authorized under the statewide testing program prescribed under Section 37-16-3, which shall be effective four (4) years after the effective date of the "English Language Arts and Mathematics-Based Promotion Act," which assesses academic proficiency of students in Grade 4, as provided for in House Bill No. _____, 2016 Regular Session.
(b) Upper middle and high schools shall perform this evaluation using results from the corresponding component of the summative assessments of course content for students in Grade 8 as prescribed in Section 37-16-3 and as a condition of fulfilling graduation requirements under Section 37-16-7, or an alternative test identified by the State Board of Education. The upper middle and high school shall use the results of the test to advise students of any identified deficiencies in academic disciplines included on the Grade 8 summative assessment, and to provide students in Grade 9, appropriate evidence-based remedial education courses of instruction which shall be completed before high school graduation.
(c) The curriculum provided under this subsection for remedial education course instruction shall be identified by the State Board of Education in its promulgated rules and shall encompass postsecondary readiness competencies established by the boards of trustees of community and junior college districts and the Board of Trustees of State Institutions of Higher Learning. The program of instruction shall provide for twelve (12) courses of remediation, to be determined by the State Board of Education, which cover competencies in mathematics, reading, writing or English Language Arts, general and applied science and history, and shall not be substituted by elective courses for postsecondary mathematics, reading, writing or English Language Arts, general and applied science and history preparatory courses unless the elective course covers the same competencies included in the postsecondary mathematics, reading, writing or English Language Arts, general and applied science and history course of substitution.
(2) By October 31, 2017, the State Board of Education shall establish by rule the test scores a student must achieve to demonstrate grade-level proficiency and readiness to perform college-level work after administering a Grade 8 summative assessment pilot during the 2016-2017 school term to determine an approximate minimum cut score on said assessment, and the rules must specify the following:
(a) Students who entered Grade 9 in a Mississippi public school within four (4) years of the effective date of the "English Language Arts and Mathematics-Based Promotion Act," which assesses academic proficiency of students in Grade 4, as provided for in House Bill No. _____, 2016 Regular Session, shall not be required to enroll in remedial education course instruction prior to the student's completion of high school. However, any student who scores below "Proficient" on the Grade 8 summative assessment pilot shall not be prohibited from exercising the option to enroll in remedial education courses of instruction, provided that such remediation options are offered by the local school district or collaboratively with a public postsecondary educational institution through a dual-enrollment program;
(b) After implementation, any student who takes the Grade 8 summative assessment and whose score on the test indicates a need for remediation must be advised of all options for remedial education courses of instruction offered at the public upper middle or high school, and in instances where such courses are not offered in the student's district of enrollment, postsecondary educational institution alternatives for dual-enrollment;
(c) A student who demonstrates readiness by achieving or exceeding the test scores established by the state board shall not be required to retest or enroll in remedial education courses of instruction upon entering Grade 9 and completing such requirements as a condition of graduation; and
(d) When a student who has been required to undergo remedial education courses of instruction, the student must take an alternative assessment to test out of remediation, evidencing proficiency in the remedial education courses of instruction in which the student was enrolled, and shall thereafter be required to have a total of twenty-three (23) Carnegie units for graduation eligibility, in addition to have satisfied all other requirements established by the local school board for graduation.
(3) (a) The board of trustees of each public school district shall develop a plan to implement remedial education courses of instruction strategies and rules established by the State Board of Education. The plan must be submitted to the Commissioner of Higher Education for approval no later than March 1, of the fourth year after the effective date of the "English Language Arts and Mathematics-Based Promotion Act," which assesses academic proficiency of students in Grade 4, as provided for in House Bill No. _____, 2016 Regular Session, for implementation no later than the fall semester immediately succeeding school term. Each plan must include, at a minimum, local policies that outline:
(i) Documented student achievements such as grade point averages, work history, military experience, participation in juried competitions, career interests or any combination of such achievements that the institution may consider, in addition to Grade 8 summative assessment and end-of-course subject area test scores, for advising students regarding enrollment options;
(ii) Remedial education course instruction strategies available to students;
(iii) Provisions for the collection of student success data; and
(iv) A comprehensive plan for advising students into appropriate remedial education course instruction strategies based on student success data.
(b) Beginning October 31 of the year of implementation, each local school shall annually prepare an accountability report that includes student success data relating to each remedial education course of instruction strategy implemented by the district and submit the report to the State Board of Education in a format determined by the State Department of Education. By December 31 of the year of implementation, the State Superintendent of Public Education shall compile and submit the district reports to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER).
SECTION 2. Section 37-15-38, Mississippi Code of 1972, is amended as follows:
37-15-38. (1) The following phrases have the meanings ascribed in this section unless the context clearly requires otherwise:
(a) A dual enrolled student is a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school.
(b) A dual credit student is a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school and who is receiving high school and college credit for postsecondary coursework.
(2) A local school board, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall establish a dual enrollment system under which students in the school district who meet the prescribed criteria of this section may be enrolled in a postsecondary institution in Mississippi while they are still in school.
(3) Dual credit eligibility. Before credits earned by a qualified high school student from a community or junior college or state institution of higher learning may be transferred to the student's home school district, the student must be properly enrolled in a dual enrollment program.
(4) Admission criteria
for dual enrollment in community and junior college or university programs.
The * * * Mississippi
Community College Board and the Board of Trustees of State Institutions of
Higher Learning may recommend to the State Board of Education admission
criteria for dual enrollment programs under which high school students may
enroll at a community or junior college or university while they are still
attending high school and enrolled in high school courses. Students may be
admitted to enroll in community or junior college courses under the dual
enrollment programs if they meet that individual institution's stated dual
enrollment admission requirements.
(5) Tuition and cost responsibility. Tuition and costs for university-level courses and community and junior college courses offered under a dual enrollment program may be paid for by the postsecondary institution, the local school district, the parents or legal guardians of the student, or by grants, foundations or other private or public sources. Payment for tuition and any other costs must be made directly to the credit-granting institution.
(6) Transportation responsibility. Any transportation required by a student to participate in the dual enrollment program is the responsibility of the parent, custodian or legal guardian of the student. Transportation costs may be paid from any available public or private sources, including the local school district.
(7) School district average daily attendance credit. When dually enrolled, the student may be counted, for adequate education program funding purposes, in the average daily attendance of the public school district in which the student attends high school.
(8) High school student
transcript transfer requirements. Grades and college credits earned by a
student admitted to a dual credit program must be recorded on the high school
student record and on the college transcript at the university or community or
junior college * * * where the student attends classes. The transcript of
the university or community or junior college coursework may be released to
another institution or applied toward college graduation requirements.
(9) Determining factor of prerequisites for dual enrollment courses. Each university and community or junior college participating in a dual enrollment program shall determine course prerequisites. Course prerequisites shall be the same for dual enrolled students as for regularly enrolled students at that university or community or junior college.
(10) Process for determining articulation of curriculum between high school, university, and community and junior college courses. All dual credit courses must meet the standards established at the postsecondary level. Postsecondary level developmental courses may not be considered as meeting the requirements of the dual credit program. Dual credit memorandum of understandings must be established between each postsecondary institution and the school district implementing a dual credit program.
(11) [Deleted]
(12) Eligible courses for dual credit programs. Courses eligible for dual credit include, but are not necessarily limited to, foreign languages, advanced math courses, advanced science courses, performing arts, advanced business and technology, and career and technical courses. All courses being considered for dual credit must receive unconditional approval from the superintendent of the local school district and the chief instructional officer at the participating community or junior college or university in order for college credit to be awarded. A university or community or junior college shall make the final decision on what courses are eligible for semester hour credits.
(13) High school Carnegie unit equivalency. One (1) three-hour university or community or junior college course is equal to one (1) high school Carnegie unit.
(14) Course alignment. The universities, community and junior colleges and the State Department of Education shall periodically review their respective policies and assess the place of dual credit courses within the context of their traditional offerings.
(15) Maximum dual credits allowed. It is the intent of the dual enrollment program to make it possible for every eligible student who desires to earn a semester's worth of college credit in high school to do so. A qualified dually enrolled high school student must be allowed to earn an unlimited number of college or university credits for dual credit.
(16) Dual credit program allowances. A student may be granted credit delivered through the following means:
(a) Examination preparation taught at a high school by a qualified teacher. A student may receive credit at the secondary level after completion of an approved course and passing the standard examination, such as an Advanced Placement or International Baccalaureate course through which a high school student is allowed CLEP credit by making a three (3) or higher on the end-of-course examination.
(b) College or university courses taught at a high school or designated postsecondary site by a qualified teacher who is an employee of the school district and approved as an instructor by the collaborating college or university.
(c) College or university courses taught at a college, university or high school by an instructor employed by the college or university and approved by the collaborating school district.
(d) Online courses of any public university, community or junior college in Mississippi.
(17) Qualifications of dual credit instructors. A dual credit academic instructor must meet the requirements set forth by the regional accrediting association (Southern Association of College and Schools). University and community and junior college personnel have the sole authority in the selection of dual credit instructors.
A dual credit career and technical education instructor must meet the requirements set forth by the Mississippi Community College Board in the qualifications manual for postsecondary career and technical personnel.
(18) Guidance on local agreements. The Chief Academic Officer of the State Board of Trustees of State Institutions of Higher Learning and the Chief Instructional Officers of the Mississippi Community College Board and the State Department of Education, working collaboratively, shall develop a template to be used by the individual community and junior colleges and institutions of higher learning for consistent implementation of the dual enrollment program throughout the State of Mississippi.
(19) Mississippi Works Dual Enrollment-Dual Credit Option. A local school board and the local community colleges board shall establish a Mississippi Works Dual Enrollment-Dual Credit Option Program under which potential or recent student dropouts may dually enroll in their home school and a local community college in a dual credit program consisting of high school completion coursework and a community college credential, certificate or degree program. Students completing the dual enrollment-credit option may obtain their high school diploma while obtaining a community college credential, certificate or degree. The Mississippi Department of Employment Security shall assist students who have successfully completed the Mississippi Works Dual Enrollment-Dual Credit Option in securing a job upon the application of the student or the participating school or community college. The Mississippi Works Dual Enrollment-Dual Credit Option Program will be implemented statewide in the 2012-2013 school year and thereafter. The State Board of Education, local school board and the local community college board shall establish criteria for the Dual Enrollment-Dual Credit Program. Students enrolled in the program will not be eligible to participate in interscholastic sports or other extracurricular activities at the home school district. Tuition and costs for community college courses offered under the Dual Enrollment-Dual Credit Program shall not be charged to the student, parents or legal guardians. When dually enrolled, the student shall be counted for adequate education program funding purposes, in the average daily attendance of the public school district in which the student attends high school, as provided in Section 37-151-7(1)(a). Any transportation required by the student to participate in the Dual Enrollment-Dual Credit Program is the responsibility of the parent or legal guardian of the student, and transportation costs may be paid from any available public or private sources, including the local school district. Grades and college credits earned by a student admitted to this Dual Enrollment-Dual Credit Program shall be recorded on the high school student record and on the college transcript at the community college and high school where the student attends classes. The transcript of the community college coursework may be released to another institution or applied toward college graduation requirements. Any course that is required for subject area testing as a requirement for graduation from a public school in Mississippi is eligible for dual credit, and courses eligible for dual credit shall also include career, technical and degree program courses, and any course that is required of a student as a component of remedial education course instruction for postsecondary preparatory instruction to be successfully completed before high school graduation. All courses eligible for dual credit shall be approved by the superintendent of the local school district and the chief instructional officer at the participating community college in order for college credit to be awarded. A community college shall make the final decision on what courses are eligible for semester hour credits and the local school superintendent, subject to approval by the Mississippi Department of Education, shall make the final decision on the transfer of college courses credited to the student's high school transcript.
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 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 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. In the case of any verified testing irregularity that jeopardized the security and integrity of the test(s), validity or the accuracy of the test results, the cost of the investigation and any other actual and necessary costs related to the investigation paid by the 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 reimbursement 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) Within five (5) days of completing the administration of a statewide test, the principal of the school where the test was administered shall certify under oath to the State Department of Education that the 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 principal's sworn certification shall be set forth on a form developed and approved by the Department of Education. If, following the administration of a statewide test, the principal has reason to believe that the test was not administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System as adopted by the State Board of Education, the principal shall submit a sworn certification to the Department of Education setting forth all information known or believed by the principal about all potential violations of the Requirements of the Mississippi Statewide Assessment System as adopted by the State Board of Education. The submission of false information or false certification to the Department of Education by any licensed educator may result in licensure disciplinary action pursuant to Section 37-3-2 and criminal prosecution pursuant to Section 37-16-4.
SECTION 4. Section 37-20-3, Mississippi Code of 1972, is brought forward as follows:
37-20-3. The purpose of this chapter is to provide supplemental funds to each school district to be used for the sole purpose of providing direct remedial instruction to those students enrolled in the K-12 program who have need of special educational assistance in order that their level of educational attainment may be raised to that appropriate for their age. It is the intent of the Legislature that each school district utilize the instructional programs which, in the professional opinion of the local school officials, will be most effective and that the effectiveness of this program be evaluated in terms of the increase in student achievement in the basic skills of reading, mathematics and writing as measured by pretest and post-test of each student receiving special educational assistance from the funds provided by this chapter.
SECTION 5. Section 37-20-7, Mississippi Code of 1972, is brought forward as follows:
37-20-7. (1) To be eligible to receive funds under this chapter a school district shall describe in writing its remedial education program. The description shall include all special remedial and compensatory instruction to be provided by the district from all fund sources. The district description shall include a description of the program to be conducted at each separate school or location in the district and shall include the estimated number of students to participate in the program; the estimated number of teachers, volunteers and others to be utilized in the program; and the estimated budget for each such program.
(2) The programs provided by funds received under this chapter shall meet the following criteria:
(a) Each participating student must be determined by the school district, on the basis of the district's assessment tests, to need special educational assistance in order that the student's level of educational attainment in basic skills may be raised to that appropriate for children of the student's age.
(b) The program must be based on performance objectives related to educational achievement in the basic skills and provide supplementary services designed to meet the special educational needs of each participating student.
(c) The program must be evaluated in a manner consistent with the performance objectives and include a pretest and a post-test for each participating student. The evaluation may use local measures designed to measure the local instructional management plan.
(d) The state and local funds expended in the program must be accounted for separately from all other funds expended by the district.
(e) The program must establish a teacher support team in each building wherein the program is implemented to play a key role in determining the instructional services required by a child.
SECTION 6. Section 37-20-5, Mississippi Code of 1972, is amended as follows:
37-20-5. The funds which
may be appropriated annually for this chapter shall be based on a formula
developed by the State Department of Education and allocated to each school
district on the basis of (a) the number of students whose scores on the Basic
Skills Assessment Program (BSAP) tests are at the twenty-fifth percentile or
below, and (b) the number of students identified as failing any section of the * * * Grade 8
summative assessment and end-of-course subject area tests.
SECTION 7. This act shall take effect and be in force from and after July 1, 2016.
