Bill Text: MS HB879 | 2012 | Regular Session | Introduced
Bill Title: Reading is Fundamental Literacy Program; establish in public schools to achieve grade level reading.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2012-03-15 - Died On Calendar [HB879 Detail]
Download: Mississippi-2012-HB879-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education
By: Representative Martinson
House Bill 879
AN ACT TO ESTABLISH THE "READING IS FUNDAMENTAL LITERACY PROGRAM" TO IMPROVE PUBLIC SCHOOL STUDENTS' READING SKILLS SO THAT EVERY STUDENT READS AT OR ABOVE GRADE LEVEL; TO REQUIRE SCHOOL DISTRICTS TO PROVIDE INTENSIVE READING INSTRUCTION TO STUDENTS EXHIBITING A SUBSTANTIAL DEFICIENCY IN READING IN KINDERGARTEN AND GRADES 1-3; TO PROHIBIT THE PROMOTION OF STUDENTS WHOSE READING DEFICIENCY IS NOT REMEDIED BEFORE THE END OF THIRD GRADE; TO REQUIRE NOTICE TO BE GIVEN TO PARENTS OF STUDENTS EXHIBITING A READING DEFICIENCY; TO PROHIBIT THE PROMOTION OF PUBLIC SCHOOL STUDENTS BASED SOLELY ON A STUDENT'S AGE OR OTHER SOCIAL PROMOTION FACTORS; TO ESTABLISH GOOD CAUSE EXEMPTIONS FOR PROMOTION FOR STUDENTS FAILING TO MEET ACADEMIC REQUIREMENTS FOR PROMOTION; TO SPECIFY CERTAIN ACTIONS SCHOOL DISTRICTS MUST TAKE IN IMPLEMENTING THE READING IS FUNDAMENTAL LITERACY PROGRAM; TO REQUIRE SCHOOL BOARDS TO SUBMIT ANNUAL REPORTS TO PARENTS ON THEIR RESPECTIVE STUDENT'S PROGRESS IN SCHOOL; TO REQUIRE SCHOOL BOARDS TO REPORT TO THE STATE BOARD OF EDUCATION AND TO PUBLISH DATA REFLECTING STUDENT PROGRESSION AND PERFORMANCE IN A LOCAL NEWSPAPER; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT POLICIES NECESSARY FOR THE IMPLEMENTATION OF THE PROGRAM; TO BRING FORWARD SECTION 37-13-10, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE STATE BOARD OF EDUCATION TO DEVELOP A READING SUFFICIENCY PROGRAM OF INSTRUCTION, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is established a program to be known as the "Reading is Fundamental Literacy Program," the purpose of which is to improve the reading skills of students enrolled in the public schools so that every student is able to read at or above grade level. It is the intent of the Legislature, in establishing this program, to ensure that: each student's progression is determined, in part, upon the student's proficiency in reading; the policies of local school boards facilitate this proficiency; and each student and the student's parent or legal guardian is informed of the student's academic progress.
(2) Each student who exhibits a substantial deficiency in reading, as demonstrated through the observation of the student's teacher or through locally determined or statewide assessments conducted in kindergarten and Grades 1-3, must be given intensive reading instruction immediately following the identification of the reading deficiency.
(3) At the beginning of the grade following the school year during which a student is given intensive reading instruction, the student's reading proficiency must be reassessed by locally determined assessments or through teacher observations. If it is determined that the student continues to have a reading deficiency, the student must be provided with intensive reading instruction by the school district until the reading deficiency is remedied.
(4) Beginning in the 2013-2014 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 a Level 2 or higher on the state annual accountability assessment in reading for third grade, the student may not be promoted to fourth grade.
SECTION 2. The parent or legal guardian of a student who exhibits a substantial deficiency in reading must be notified in writing of the following:
(a) That the student has been identified as having a substantial deficiency in reading;
(b) A description of the services that the school district currently is providing to the student;
(c) A description of the proposed supplemental instructional services and supports that are designed to remediate the identified area of reading deficiency which the school district plans to provide the student;
(d) That if the student's reading deficiency is not remediated before the end of the student's third grade year, the student will not be promoted to fourth grade unless a good cause exemption specified under Section 4 of this act is met;
(e) Strategies for parents and guardians to use in helping the student to succeed in reading proficiency; and
(f) That while the state annual accountability assessment is the initial determinate, the assessment is not the sole determiner and that additional evaluations, portfolio reviews and assessments are available.
SECTION 3. No public school student may be assigned a grade level based solely on the student's age or any other factors that constitute social promotion.
SECTION 4. (1) A student who does not meet the academic requirements for promotion from the student's grade to the next succeeding 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 assessment program is not appropriate, as authorized under state law;
(c) A student with a disability who participates in the state accountability examination and who has an IEP or a Section 504 plan that reflects that the 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 performance on an alternative standardized reading assessment approved by the State Board of Education;
(e) A student who demonstrates, through a student portfolio, that the student is reading on grade level, as evidenced by demonstration of the mastery of the state standards beyond the retention level; and
(f) Students who have received intensive remediation 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. Intensive reading instruction for students promoted under this paragraph must include an altered instructional day that includes specialized diagnostic information and specific reading strategies for each student. The school district shall assist schools and teachers in implementing reading strategies that research has shown to be successful in improving reading among low-performing readers.
(2) A request to exempt a student from the academic requirements established for promotion to the next succeeding 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. In order to minimize paperwork requirements, the documentation must consist only of the existing progress monitoring plan, IEP (if applicable), report card or student portfolio.
(b) The principal shall review and discuss the recommendations with the teacher and make a determination as to whether or not the student should be promoted. If the principal determines that the student should be promoted, the principal must make the recommendation in writing to the school district superintendent, who may accept or reject the principal's recommendation.
SECTION 5. Students not promoted to the next succeeding grade level must be provided intensive interventions in reading to ameliorate the student's specific reading deficiency, as identified by a valid and reliable diagnostic assessment. The intensive intervention must include effective instructional strategies, participation in any summer reading camp made available by the school district, and appropriate teaching methodologies necessary to assist those students in becoming successful readers, able to read at or above grade level, and ready for promotion to the next grade level.
SECTION 6. Beginning in the 2013-2014 school year, each school district shall take the following actions in implementing the Reading is Fundamental Literacy Program:
(a) Conduct a review of student progress monitoring plans for all students who did not score above Level 1 on the reading portion of the state exam and did not meet the criteria for one (1) of the good cause exemptions established under Section 4 of this act. The review must address additional supports and services, as described in this section, necessary to remediate the identified areas of reading deficiency. The school district shall require a student portfolio to be completed for each student.
(b) Provide students who are not promoted with intensive instructional services and supports to remediate the identified areas of reading deficiency, including a minimum of ninety (90) minutes of daily, uninterrupted, scientifically research-based reading instruction and other strategies prescribed by the school district, which may include, but are not necessarily limited to:
(i) Small group instruction;
(ii) Reduced teacher - student ratios;
(iii) More frequent progress monitoring;
(iv) Tutoring or mentoring;
(v) Transition classes containing third and fourth grade students;
(vi) Extended school day, week or year; and
(vii) Summer reading camps.
(c) Provide written notification to the parent or legal guardian of any 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.
(d) Provide students who are retained with a high-performing teacher, as determined by student performance data and above-satisfactory performance appraisals.
(e) Provide parents and legal guardians of students to be retained with at least one (1) of the following instructional options to be used in addition to the required reading enhancement and acceleration strategies:
(i) Supplemental tutoring in scientifically research-based reading services in addition to the regular reading block, including tutoring before or after school, or both;
(ii) A "Read at Home" plan outlined in a parental contract, including participation in parent training workshops and regular parent-guided home reading; or
(iii) A mentor or tutor with specialized reading instruction.
(f) Establish a Reading Enhancement and Acceleration Development (READ) Initiative, the focus of which must be to prevent the retention of third grade students and to offer intensive accelerated reading instruction to third grade students who failed to meet standards for promotion to fourth grade and to students in kindergarten and first, second and third grades who are assessed as exhibiting a reading deficiency. The READ Initiative must:
(i) Be provided to all kindergarten and first, second and third grades students at risk of retention, as identified by the statewide assessment system used in Reading First schools. The assessment must measure phonemic awareness, phonics, fluency, vocabulary and comprehension;
(ii) Be provided during regular school hours in addition to the regular reading instruction; and
(iii) Provide a state-identified reading curriculum that, at minimum, meets the following specifications:
1. Assists students assessed as exhibiting a reading deficiency in developing the ability to read at grade level;
2. Provides skills development in phonemic awareness, phonics, fluency, vocabulary and comprehension;
3. Provides a scientifically based and reliable assessment;
4. Provides initial and ongoing analyses of each student's reading progress;
5. Is implemented during regular school hours;
6. Provides a curriculum in core academic subjects to assist the student in maintaining or meeting proficiency levels for the appropriate grade in all academic subjects;
7. Establishes at each school, where applicable, an Intensive Acceleration Class for retained third grade students who subsequently score at Level 1 on the reading portion of the state accountability exam. The focus of the Intensive Acceleration Class must be to increase a student's reading level at least two (2) grade levels during one (1) school year. The Intensive Acceleration Class must:
a. Be provided to any student in third grade who scores at Level 1 on the reading portion of the state accountability exam and who was retained in third grade the preceding year because of scoring at Level 1 on the reading portion of the state accountability exam;
b. Have a reduced teacher - student ratio;
c. Provide uninterrupted reading instruction for the majority of student contact time each day and incorporate opportunities to master the fourth grade standards in other core subjects;
d. Use a reading program that is scientifically research-based and has proven results in accelerating student reading achievement within the same school year;
e. Provide intensive language and vocabulary instruction using a scientifically research-based program, including use of a speech-language therapist;
f. Include weekly progress monitoring measures to ensure progress is being made; and
g. Report to the State Department of Education, in the manner required by the department, the progress of students in the class at the end of the first semester;
8. Reports to the State Board of Education, as requested, on the specific intensive reading interventions and supports implemented at the school district level. The State Superintendent of Public Education shall prescribe the required components of requested reports; and
9. Provides a student who has been retained in third grade and has received intensive instructional services but is still not ready for grade promotion, as determined by the school district, the option of being placed in a transitional instructional setting that is designed specifically to produce learning gains sufficient to meet fourth grade performance standards while continuing to remediate the areas of reading deficiency.
SECTION 7. The school board of each school district shall report annually to the parent or legal guardian of each student on the progress of the student toward achieving state and district expectations for proficiency in reading, writing, science and mathematics. The school board also must report to the parent or legal guardian the student's results on each annual state accountability assessment. The evaluation of each student's work must be based upon the student's classroom work, observations, tests, district and state assessments, and other relevant information. Progress reporting must be provided to the parent or legal guardian in writing, in a format adopted by the school board.
SECTION 8. (1) Before September 1 of each year, the school board of each school district must publish, in a newspaper having a general circulation within the school district, and report to the State Board of Education the following information relating to the preceding school year:
(a) The provisions of this act relating to public school student progression and the school district's policies and procedures on student retention and promotion;
(b) By grade, the number and percentage of all students in Grades 3-10 performing at Levels 1 and 2 on the reading portion of the annual state accountability system;
(c) By grade, the number and percentage of all students retained in Grades 3-10;
(d) Information on the total number and percentage of students who were promoted for good cause, by each category of good cause described in Section 4 of this act; and
(e) Any revisions to the school board's policy on student retention and promotion from the prior school year.
(2) The State Department of Education shall establish a uniform format for school districts to report the information required in subsection (1) of this section. The format must be developed with input from school boards and must be provided no later than ninety (90) days before the annual due date of the information. The department shall compile annually the required information, along with state-level summary information, and report the information to the Governor, Senate, House of Representatives and general public.
SECTION 9. (1) The State Board of Education shall adopt such policies, rules and regulations as may be necessary for the implementation of this act.
(2) The State Department of Education shall provide such technical assistance as may be needed to aid local school district's in administering the provisions of this act.
SECTION 10. Section 37-13-10, Mississippi Code of 1972, is brought forward as follows:
37-13-10. (1) The State Board of Education shall develop and implement a Reading Sufficiency Program of Instruction beginning with the 1998-1999 school year, designed to enable each student to acquire the appropriate grade level of reading skills. In order to implement the Reading Sufficiency Program of Instruction, each local school board shall develop a reading sufficiency plan for its school district which may include the following components:
(a) Sufficient additional in-school instructional time for the development of reading and comprehension skills of the student;
(b) Readiness intervention programs, such as kindergarten programs, extended school day or school year programs, and program initiatives to reduce class size;
(c) Utilization of research-based teaching methodologies or strategies for providing direct instruction in phonics, vocabulary and comprehension development, including systematic, intensive, explicit phonics, using decodable vocabulary-controlled texts (texts in which ninety-five percent (95%) of the words are decodable), as is determined appropriate by the State Board of Education; and
(d) Professional development for assistant teachers, teachers and administrators to assist students in implementing the reading sufficiency program.
(2) Pursuant to appropriation by the Legislature specifically for such purpose, the State Department of Education shall provide in-service training, computer software and certified reading instructor personnel for training local school district certificated personnel to assist students in implementing the reading sufficiency program required under this section.
SECTION 11. This act shall take effect and be in force from and after July 1, 2012.
