MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education
By: Representative Moore
AN ACT TO PROHIBIT THE SOCIAL PROMOTION OF STUDENTS IN GRADE 3 WHO HAVE A READING DEFICIENCY, EXCEPT THAT GOOD CAUSE BE SHOWN; TO REQUIRE THAT THOSE STUDENTS WHO ARE DETERMINED TO HAVE READING DEFICIENCY BE RETAINED IN GRADE 3, OR IF PROMOTED FOR GOOD CAUSE, BE PROVIDED WITH INTENSIVE READING INSTRUCTION; TO REQUIRE THE REASSESSMENT OF A STUDENT'S READING PROFICIENCY AT THE CONCLUSION OF INTENSIVE READING INSTRUCTION; TO REQUIRE LOCAL SCHOOL DISTRICTS TO PROVIDE PARENTS OF STUDENTS WITH A READING DEFICIENCY WITH CERTAIN INFORMATION; TO PROHIBIT THE ASSIGNMENT OF A STUDENT TO A GRADE LEVEL BASED SOLELY ON AGE OR OTHER FACTORS THAT CONSTITUTE SOCIAL PROMOTION; TO PRESCRIBE THE GOOD CAUSE EXEMPTION FOR WHICH A STUDENT WITH READING DEFICIENCY MAY BE PROMOTED; TO REQUIRE EACH SCHOOL DISTRICT TO ESTABLISH A READING ENHANCEMENT AND ACCELERATION DEVELOPMENT INITIATIVE AND AN INTENSIVE ACCELERATION CLASS AND PRESCRIBE THE PURPOSE OF EACH; TO PRESCRIBE ANNUAL REPORTING REQUIREMENTS; TO PROVIDE THAT THE PROVISIONS OF THIS ACT SHALL BE SEVERABLE; TO PROVIDE FOR THE REPEAL OF THIS ACT ON JULY 1, 2022; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. It is the ultimate goal of the Legislature that every student read at or above grade level. It is the intent of the Legislature that:
(a) Each student's progression be determined, in part, upon proficiency in reading;
(b) Local school board policies facilitate such proficiency; and
(c) Each student and his or her parent be informed of that student's academic progress.
SECTION 2. (1) Any student who exhibits a deficiency in reading, based upon district or statewide assessments conducted in grades K-3, or through teacher observations, must be given intensive reading instruction immediately following the identification of the reading deficiency.
(2) Each student's reading proficiency must be reassessed by district assessments or through teacher observations following the intensive reading instruction. If a deficiency is detected in a student's reading ability the student must continue to be provided with intensive reading instruction until the reading deficiency is remedied.
(3) The parent of any student who exhibits a deficiency in reading shall be provided with written notification of the following:
(a) An identification of the child as having a deficiency in reading;
(b) A description of the current services that are provided to the child;
(c) A description of the proposed supplemental instructional services and supports that will be provided to the child which are designed to remediate the identified area of reading deficiency;
(d) An explanation that if the child's reading deficiency is not remediated by the end of Grade 3, the child shall not be promoted to Grade 4 unless he or she is exempted for good cause;
(e) Strategies for parents to use in helping their child succeed in reading proficiency; and
(f) An explanation that while the state annual accountability assessment is the initial determinate, it is not the sole determining factor of student promotion and that additional evaluations, portfolio reviews and assessments are available.
SECTION 3. No student may be assigned to a grade level based solely on age or other factors that constitute social promotion.
SECTION 4. Beginning with the 2013-2014 school year, if a student's reading deficiency, as identified in Section 2(1) of this act, is not remedied by the end of Grade 3, as demonstrated by scoring at basic or higher on the state annual accountability assessment in reading for Grade 3, the student must be retained.
SECTION 5. (1) The local school board may only promote students not meeting the academic requirements for good cause. Good cause exemptions shall be limited to the following:
(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 individualized education plan indicates that participation in the statewide assessment program is not appropriate, consistent with state law;
(c) Students who demonstrate an acceptable level of performance on an alternative standardized reading assessment approved by the State Board of Education;
(d) Students who demonstrate, through a student portfolio, as defined and designed by the State Board of Education, that the student is reading on grade level as evidenced by demonstration of mastery of the state standards beyond the retention level. The student portfolio may only include student work independently produced in the classroom that shows objectively measured mastery of the benchmarks assessed by the state annual accountability assessment in reading for Grade 3;
(e) Students with disabilities who participate in the state accountability examination and who have an individualized education plan or a 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 was previously retained in kindergarten or Grades 1, 2, or 3; 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 were previously retained in kindergarten or Grades 1, 2, or 3 for a total of two (2) years.
(2) Requests to exempt students from academic requirements for promotion to the next grade shall be made consistent with the following:
(a) Documentation shall be submitted from the student's teacher to the school principal that 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 shall consist only of the existing progress monitoring plan, individualized educational plan, if applicable, report card or student portfolio.
(b) The school principal shall separately review and discuss these recommendations with the teacher and the parents of the student and make the determination as to whether the student should be promoted. If the school principal determines that the student should be promoted, the school principal shall make that recommendation in writing to the district school superintendent. The district school superintendent shall accept or reject the school principal's recommendation in writing.
(c) The parents of any student promoted based on a good cause exemption may choose that the student be retained for one (1) year, even if the principal and district school superintendent determine otherwise.
(3) A student who is promoted based on a good cause exemption must receive intensive reading instruction through an altered instructional day that includes specialized diagnostic information and specific reading strategies. The local school board shall assist schools and teachers to implement reading strategies that research has shown to be successful in improving reading among students with persistent reading difficulties.
(4) Students retained must be provided intensive interventions in reading to ameliorate the student's specific reading deficiency, as identified by a valid and reliable diagnostic assessment. This intensive intervention must include effective instructional strategies, participation in the school district's summer reading camp, 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.
SECTION 6. (1) Beginning with the 2013-2014 school year, each school district shall:
(a) Conduct a review of student progress monitoring plans for all students who did not score basic or above on the reading portion of the state exam and did not meet the criteria for one (1) of the good cause exemptions. The review shall address additional supports and services, as described in this subsection, needed to remediate the identified areas of reading deficiency. The school district shall require a student portfolio to be completed for each such 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 limited to:
(i) Small group instruction;
(ii) Reduced teacher-student ratios;
(iii) More frequent progress monitoring;
(iv) Tutoring or mentoring;
(v) Transition classes containing students in Grades 3 and 4;
(vi) Extended school day, week or year; and
(vii) Summer reading camps.
(c) Provide written notification to the parent of any student who is retained that his or her child has not met the proficiency level required for promotion and the reasons the child 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.
(2) Each school district shall provide students who are retained with a high-performing teacher as determined by student performance data and above-satisfactory performance appraisals.
(3) In addition to required reading enhancement and acceleration strategies, the school district must inform the parents of students to be retained of at least one (1) of the following instructional options:
(a) Supplemental tutoring in scientifically research-based reading services in addition to the regular reading block, including tutoring before and/or after school;
(b) A "Read at Home" plan outlined in a parental memorandum of agreement, including participation in parent training workshops and regular parent-guided home reading; or
(c) A mentor or tutor with specialized reading training.
(4) (a) Each school district shall establish a Reading Enhancement and Acceleration Development (READ) Initiative, the focus of which shall be to prevent the retention of Grade 3 students and to offer intensive accelerated reading instruction to Grade 3 students who failed to meet standards for promotion to Grade 4, and to each K-3 student who is assessed as exhibiting a reading deficiency.
(b) The READ Initiative shall:
(i) Be provided to all K-3 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 which, at a minimum:
1. Assists students assessed as exhibiting a reading deficiency in developing the ability to read at grade level;
2. Provides skill development in phonemic awareness, phonics, fluency, vocabulary, and comprehension;
3. Provides scientifically based and reliable assessment;
4. Provides initial and ongoing analysis of each student's reading progress;
5. Is implemented during regular school hours; and
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.
(5) (a) The school district shall establish at each school, where applicable, an Intensive Acceleration Class for retained Grade 3 students who subsequently score below basic on the reading portion of the state accountability exam. The focus of the Intensive Acceleration Class shall be to increase a child's reading level at least two (2) grade levels in one (1) school year.
(b) The Intensive Acceleration Class shall:
(i) Be provided to any student in Grade 3 who scores below basic on the reading portion of the state accountability exam and who was retained in Grade 3 the prior year because of scoring below basic on the reading portion of the state accountability exam.
(ii) Have a reduced teacher-student ratio.
(iii) Provide uninterrupted reading instruction for the majority of student contact time each day and incorporate opportunities to master the Grade 4 state standards in other core subject areas.
(iv) Use a reading program that is scientifically research-based and has proven results in accelerating student reading achievement within the same school year.
(v) Provide intensive language and vocabulary instruction using a scientifically research-based program, including use of a speech-language therapist.
(vi) Include weekly progress monitoring measures to ensure progress is being made.
(vii) Report to the State Department of Education, in the manner described by the department, the progress of students in the class at the end of the first semester. (viii) Report 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 annually shall prescribe the required components of requested reports.
(ix) Provide a student who has been retained in Grade 3 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. The transitional instructional setting shall be designed specifically to produce learning gains sufficient to meet Grade 4 performance standards while continuing to remediate the areas of reading deficiency.
SECTION 7. (1) Each local school board must report annually to the parent of each student the progress of the student toward achieving state and district expectations for proficiency in reading, writing, science, and mathematics. The local school board must report to the parent the student's results on each annual state accountability assessment. The evaluation of each student's progress must be based upon the student's classroom work, observations, tests, district and state assessments, and other relevant information. Progress reports must be provided to the parent in writing in a format adopted by the local school board.
(2) Each local school board must publish in the local newspaper, as well as its own website, and report in writing to the State Board of Education by September 1 of each year, the following information on the prior school year:
(a) The provisions of this subsection relating to public school student progression and the local school board's policies and procedures on student retention and promotion.
(b) By grade, the number and percentage of all students in Grades 3 through 10 performing at the minimal and basic levels on the reading portion of the annual state accountability assessment.
(c) By grade, the number and percentage of all students retained in Grades 3 through 10.
(d) Information on the total number and percentage of students who were promoted for good cause, by each category of good cause as specified in Section 5 of this act.
(e) Any revisions to the local school board's policy on student retention and promotion from the prior year.
(3) The State Department of Education shall establish a uniform format for school districts to report the information required under this section. The format shall be developed with input from local school boards and shall be provided not later than ninety (90) days before the annual due date. The department annually shall compile the information required along with state-level summary information, and report such information to the public, Governor, Lieutenant Governor and the Speaker of the House of Representatives.
SECTION 8. (1) The State Board of Education shall have authority to enforce this chapter.
(2) The department shall provide technical assistance as needed to aid local school boards in administering this section.
SECTION 9. If any provision of this law or its application is held invalid, the invalidity does not affect other provisions or applications of this law which can be given effect without the invalid provision or application, and to this end the provisions of this law are severable.
SECTION 10. This act shall stand repealed on July 1, 2022.
SECTION 11. This act shall take effect and be in force from and after July 1, 2012.