Bill Text: MS HB1176 | 2015 | Regular Session | Introduced
Bill Title: Statewide assessments; authorize parents of children in public schools to opt out of.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB1176 Detail]
Download: Mississippi-2015-HB1176-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Education
By: Representative Whittington
House Bill 1176
AN ACT TO GRANT PARENTS OF CHILDREN ENROLLED IN PUBLIC SCHOOLS THE RIGHT TO OPT THEIR CHILDREN OUT OF STATEWIDE TESTS; TO REQUIRE SCHOOL DISTRICTS TO PROVIDE WRITTEN NOTICE TO PARENTS OF THIS RIGHT; TO REQUIRE PARENTS TO SUBMIT WRITTEN NOTICE TO THEIR CHILD'S SCHOOL PRINCIPAL OF A DECISION TO OPT OUT OF ALL OR PART OF A STATEWIDE TEST; TO PROHIBIT SCHOOL DISTRICTS AND EMPLOYEES FROM SOLICITING SUCH REQUESTS ON BEHALF OF ANY STUDENT; TO REQUIRE THE STATE BOARD OF EDUCATION TO ENSURE THAT SCHOOL DISTRICTS AND EMPLOYEES ARE NOT IMPACTED NEGATIVELY DUE TO A STUDENT OPTING OUT OF A STATEWIDE TEST; TO AMEND SECTION 37-16-7, MISSISSIPPI CODE OF 1972, TO REQUIRE LOCAL SCHOOL DISTRICTS TO DEVELOP ALTERNATIVE MEANS TO ASSESS A STUDENT'S MASTERY OF MINIMUM SKILLS REQUIRED FOR GRADUATION IF THE STUDENT HAS OPTED OUT OF STATEWIDE TESTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Parents and guardians of children enrolled in the public schools of this state have a right to opt their children out of all or any specified part of tests administered under the statewide testing program required under this chapter.
(2) At the beginning of the 2015-2016 school year and all subsequent school years, each school district shall provide written notice to the parent or guardian of each student enrolled in the school district of the right of the parent or guardian to opt a child out of testing administered as part of the statewide testing program. The notice must advise the parent or guardian that any request to excuse a child from all or a specified part of a statewide test must be initiated by the parent or guardian. The school district shall include instructions in the notice on the process that must be followed by a parent or guardian electing to opt a child out of the statewide test, including the date by which such a request must be received by the child's school.
(3) In order to opt a child out of all or a specified part of a test administered under the statewide testing program, a parent or guardian must submit a written request to the principal of the school in which the child is enrolled no later than the date established by the school district as the deadline for the submission of the requests. If the parent or guardian is electing to opt a child from only certain parts of a test, the written request must identify clearly the specific parts of the test from which the parent is requesting the child to be excused. The parent or guardian may not be required to give any reason for requesting the child to be excused from the test or a part of a test.
(4) Each properly submitted request from a parent or guardian to opt a child out of all or any specified part of a test administered under the statewide testing program must be granted.
(5) A school district and employees of the district may not solicit or encourage, under any circumstances, a written request on behalf of any child to excuse that child from all or any specified part of a test administered under the statewide testing program.
(6) The State Board of Education shall take such steps as may be necessary to ensure that the accreditation rating of a school and school district and the assessment of any employee of a school district are not impacted negatively due to a student opting out of a statewide test or part of a test as authorized under this section.
SECTION 2. Section 37-16-7, Mississippi Code of 1972, is amended 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; however, for those students who opt out of an assessment or part of an assessment under Section 1 of House Bill No. ____, 2015 Regular Session, the school board shall establish an alternative means to assess their mastery of the same academic skills that are measured by the state assessments.
(b) Completion of a minimum number of academic credits, and all other applicable requirements prescribed by the district school board.
(c) By school, information on high school graduation rates. High schools with graduation rates lower than eighty percent (80%) must submit a detailed plan to the Mississippi Department of Education to restructure the high school experience to improve graduation rates.
(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 of Education.
(3) The State Board of Education may establish student proficiency standards for promotion to grade levels leading to graduation.
SECTION 3. Section 1 of this act shall be codified as a new section in Chapter 16, Title 37, Mississippi Code of 1972.
SECTION 4. This act shall take effect and be in force from and after July 1, 2015.
