Bill Text: MS HB733 | 2015 | Regular Session | Introduced
Bill Title: Literacy-based promotion; provide a one-year hold harmless provision for 3rd graders who fail 2014-2015 assessment.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2015-02-03 - Died In Committee [HB733 Detail]
Download: Mississippi-2015-HB733-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Education
By: Representative Jackson
House Bill 733
AN ACT TO AMEND SECTION 37-177-9, MISSISSIPPI CODE OF 1972, TO IMPLEMENT A ONE-YEAR HOLD HARMLESS PROVISION FOR THIRD GRADERS WHO FAIL TO MEET ADEQUATE PERFORMANCE LEVELS ON THE APPROVED STANDARDIZED THIRD GRADE ASSESSMENT DURING THE 2014-2015 SCHOOL YEAR; TO PROVIDE THAT SUCH STUDENTS SHALL BE PROVIDED INTENSIVE READING INSTRUCTION AND INTERVENTION; TO REQUIRE THAT WRITTEN NOTIFICATION BE PROVIDED TO THE PARENTS OR LEGAL GUARDIANS OF SUCH STUDENTS INFORMING THEM THAT THE STUDENT WILL NOT BE RETAINED IN THIRD GRADE FOR FAILING THE ASSESSMENT; TO AMEND SECTIONS 37-177-11 AND 37-177-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-177-9, Mississippi Code of 1972, is amended as follows:
37-177-9. (1) 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.
(2) (a) Beginning
in the * * *
2015-2016 school year, if a student's reading deficiency is not remedied
by the end of the student's Third Grade year, as demonstrated by the student
scoring at the lowest achievement level in reading on the state annual
accountability assessment or on an approved alternative standardized assessment
for Third Grade, the student shall not be promoted to Fourth Grade.
(b) Any student enrolled in Third Grade during the 2014-2015 school year who evidences a reading deficiency as determined by the student's scoring level on approved Third Grade assessments shall be held harmless and not retained to the Third Grade for failing to meet adequate performance levels on the standardized assessment alone. Instead, each student failing to meet adequate performance shall be provided the measure of intensive reading instruction and intervention as required under this chapter. The results of such assessment, as applicable to the Third Grade students tested, shall be reviewed and studied for a period of one (1) year for purposes of determining best practices to be used in increasing levels of proficiency in reading for all students failing to meet adequate performance levels.
(3) The parent or legal guardian of any Third Grade student who fails to meet the adequate performance level on the approved Third Grade assessment administered during the 2014-2015 school year shall be provided written notification, in a format adopted by the State Board of Education, that the student will be held harmless and shall not be retained for such failure on the standardized assessment alone. The notification must include a description of proposed interventions and supports that will be provided to the child to remediate the identified areas of reading deficiency.
SECTION 2. Section 37-177-11, Mississippi Code of 1972, is amended as follows:
37-177-11. (1) A Third Grade student who does not meet the academic requirements for promotion to the Fourth 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 reading for more than two (2) years but still demonstrates a deficiency in reading and previously was retained in Kindergarten or First, Second or Third Grade;
(d) Students who demonstrate an acceptable level of reading proficiency on an alternative standardized assessment approved by the State Board of Education; and
(e) Students who have received intensive intervention in reading for two (2) or more years but still demonstrate a deficiency in reading and who previously were retained in Kindergarten or First, Second or Third Grade for a total of two (2) years and have not met exceptional education criteria. A student who is promoted to Fourth Grade with a good cause exemption shall be provided intensive reading instruction and intervention informed by specialized diagnostic information and delivered through specific reading strategies to meet the needs of each student so promoted. The school district shall assist schools and teachers in implementing reading strategies that research has shown to be successful in improving reading among students with persistent reading difficulties.
(2) A request for good cause exemptions for a Third Grade student from the academic requirements established for promotion to Fourth 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 chapter. 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.
(3) This section shall not be applicable to Third Grade students held harmless under the provisions of Section 37-177-9(2)(b).
SECTION 3. Section 37-177-13, Mississippi Code of 1972, is amended as follows:
37-177-13. Beginning in the * * * 2015-2016 school year,
each school district shall take the following actions for retained Third Grade
students:
(a) Provide Third Grade students who are not promoted with intensive instructional services, progress monitoring measures, and supports to remediate the identified areas of reading deficiency, including a minimum of ninety (90) minutes during regular school hours of daily, scientifically research-based reading instruction that includes phonemic awareness, phonics, fluency, vocabulary and comprehension, 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 research-based reading services in addition to the regular school day;
(iv) The option of transition classes;
(v) Extended school day, week or year; and
(vi) Summer reading camps.
(b) Provide written notification to the parent or legal guardian of any Third 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 reading deficiency. 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 Third Grade students who are retained with a high-performing teacher, as determined by student performance data, particularly related to student growth in reading, above-satisfactory performance appraisals, and/or specific training relevant to implementation of this chapter.
(d) Provide parents and legal guardians of Third Grade students with a "Read at Home" plan outlined in a parental contract, including participation in regular parent-guided home reading.
SECTION 4. This act shall take effect and be in force from and after its passage.
