Bill Text: MS HB963 | 2016 | Regular Session | Introduced

Mississippi House Bill 963 (Prior Session Legislation)

Introduced

Bill Title: No Child Left Behind; require the State Dept. of Ed. to submit request for the waiving of specific requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-23 - Died In Committee [HB963 Detail]

Download: Mississippi-2016-HB963-Introduced.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Education

By: Representative Dixon

House Bill 963

AN ACT TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO SUBMIT A REQUEST TO THE UNITED STATES DEPARTMENT OF EDUCATION REQUESTING FLEXIBILITY REGARDING SPECIFIC REQUIREMENTS OF THE NO CHILD LEFT BEHIND ACT OF 2001 (NCLB) IN EXCHANGE FOR RIGOROUS COMPREHENSIVE STATE-DEVELOPED PLANS DESIGNED TO IMPROVE EDUCATIONAL OUTCOMES; TO REQUIRE THAT THE REQUEST ADDRESS ALL ASPECTS OF THE PRINCIPLES AND WAIVERS AND INCLUDE PLANS THROUGH THE 2018�2019 SCHOOL YEAR; TO STIPULATE THE FOUR PRINCIPLE CRITERIA TO BE INCLUDED IN THE DEPARTMENT'S SUBMITTED PLAN; TO PROVIDE THAT NOTHING IN THE FOUR PRINCIPLES SHALL BE CONSTRUED TO ALTER OR OTHERWISE AFFECT THE RIGHTS, REMEDIES, AND PROCEDURES AFFORDED SCHOOL OR SCHOOL DISTRICT EMPLOYEES UNDER LAW, REGULATION OR COURT ORDER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The State Department of Education as the state's educational agency, in order to better focus on improving student learning and increasing the quality of instruction shall submit a request under the authority provided in Section 9401 of the Elementary and Secondary Education Act of 1965 (ESEA) to the United States Department of Education requesting flexibility regarding specific requirements of the No Child Left Behind Act of 2001 (NCLB) in exchange for rigorous comprehensive state-developed plans designed to improve educational outcomes for all students, close achievement gaps, increase equity and improve the quality of instruction.

(2) In seeking approval to implement this flexibility the department shall submit a high-quality request that addresses all aspects of the principles and waivers and, in each place where a plan is required, includes a high-quality plan. The department shall submit its request that includes plans through the 2018�2019 school year in order to provide a complete picture of the department's reform efforts. The Department will not accept a request that meets only some of the principles of this flexibility.

(3) (a) For purposes of this act, the term "high-quality request" means a request that is comprehensive and coherent in its approach, and that clearly indicates how this flexibility will help the department and local educational agencies (LEAs) throughout the state improve student achievement and the quality of instruction for students. A high-quality request will:

(i) If the department has already met a principle, provide a description of how it has done so, including evidence as required; and

(ii) If the department has not yet met a principle, describe how it will meet the principle on the required timelines, including any progress to date.

(b) In each such case, the department's plan must include, at a minimum, the following:

(i) Key milestones and activities indicating significant milestones to be achieved in order to meet a given principle, and essential activities to be accomplished in order to reach the key milestones. The department must also include any essential activities that have been completed or key milestones that have been reached so that reviewers can understand the context for and fully evaluate the department's plan to meet a given principle;

(ii) A detailed timeline specifying the schedule that sets forth the dates on which key activities will begin and be completed and milestones will be achieved so that the department can meet the principle by the required date;

(iii) Identification of the department's staff and, as appropriate, others who will be responsible for ensuring that each key activity is accomplished;

(iv) Where required, documentation to support the plan and demonstrate the department's progress in implementing the plan;

(v) Resources necessary to complete the key activities, including staff time and additional funding; and

(vi) A disclosure of any major obstacles that may hinder completion of key milestones and activities and a plan to overcome those obstacles.

SECTION 2. (1) To receive flexibility through the waivers approved by the United States Department of Education, outlined in Section 1 of this act, the State Department of Education must submit a request that addresses each of the four (4) principles described in subsections (2) through (5) of this section, consistent with the definitions and timelines to increase the quality of instruction for students and improve student academic achievement in the state and its LEAs. In its request, the department must describe how it will ensure that LEAs will fully implement these principles, consistent with the department's authority under state law and the department's request.

(2) (a) The department must demonstrate that it has college- and career-ready expectations for all students in the state by adopting college- and career-ready standards in at least reading/language arts and mathematics, transitioning to and implementing such standards statewide for all students and schools, and developing and administering annual, statewide, aligned, high-quality assessments, and corresponding academic achievement standards, that measure student growth in at least Grades 3-8 and at least once in high school.

(b) The department must also support English learners in reaching such standards by committing to adopt English language proficiency (ELP) standards that correspond to its college- and career-ready standards and that reflect the academic language skills necessary to access and meet the new college- and career-ready standards, and committing to develop and administer aligned ELP assessments. To ensure that its college- and career-ready standards are aligned with postsecondary expectations, and to provide information to parents and students about the college-readiness rates of local schools, and the department must provide an annual report to the public on college-going and college credit-accumulation rates for all students and student subgroups in each LEA and each high school in the State.

(3) The department must develop and implement a system of differentiated recognition, accountability and support for all LEAs in the state and for all Title I schools in these LEAs. Those systems must look at student achievement in at least reading/language arts and mathematics for all students and all subgroups of students identified in ESEA Section 1111(b)(2)(C)(v)(II), graduation rates for all students and all subgroups, and school performance and progress over time, including the performance and progress of all subgroups. The system may also assess student achievement in subjects other than reading/language arts and mathematics, and, once the department has adopted high-quality assessments, must take into account student growth. The department's system of differentiated recognition, accountability and support must create incentives and include differentiated interventions and support to improve student achievement and graduation rates and to close achievement gaps for all subgroups, including interventions specifically focused on improving the performance of English learners and students with disabilities. More specifically, the department's system must, at a minimum:

(a) Set new ambitious, yet achievable annual measurable objectives (AMOs) in at least reading/language arts and mathematics for the state and all LEAs, schools, and subgroups, that provide meaningful goals and are used to guide support and improvement efforts;

(b) Provide incentives and recognition for success on an annual basis by publicly recognizing and, if possible, rewarding Title I schools making the most progress or having the highest performance;

(c) Effect dramatic, systemic change in the lowest-performing schools by publicly identifying "priority schools" and ensuring that each LEA with one (1) or more of these schools implements, for three (3) years, meaningful interventions aligned with the turnaround principles in each of these schools. The department must also develop criteria to determine when a school that is making significant progress in improving student achievement exits priority status;

(d) Work to close achievement gaps by publicly identifying Title I schools with the greatest achievement gaps, or in which subgroups are furthest behind, as "at-risk schools" and ensuring that each LEA implements interventions, which may include tutoring and public school choice, in each of these schools based on reviews of the specific academic needs of the school and its students. The department must also develop criteria to determine when a school that is making significant progress in improving student achievement and narrowing achievement gaps exits at-risk status;

(e) Provide incentives and supports to ensure continuous improvement in other Title I schools that, based on the department's new AMOs and other measures, are not making progress in improving student achievement and narrowing achievement gaps; and

(f) Build department, LEA, and school capacity to improve student learning in all schools and, in particular, in low-performing schools and schools with the largest achievement gaps. The department must provide timely and comprehensive monitoring of, and technical assistance for, LEA implementation of interventions in priority and focus schools, and must hold LEAs accountable for improving school and student performance, particularly for turning around their priority schools. The department and its LEAs must also ensure sufficient support for implementation of interventions in priority schools, focus schools, and other Title I schools identified under the department's differentiated recognition, accountability and support system by leveraging funds.

(4) (a) To receive this flexibility, the department and each LEA must commit to develop, adopt, pilot and implement, with the involvement of teachers and principals, teacher and principal evaluation and support systems that will:

(i) Be used for continual improvement of instruction;

(ii) Meaningfully differentiate performance using at least three performance levels;

(iii) Use multiple valid measures in determining performance levels, including as a significant factor data on student growth for all students and other measures of professional practice;

(iv) Evaluate teachers and principals on a regular basis;

(v) Provide clear, timely and useful feedback, including feedback that identifies needs and guides professional development; and

(vi) Be used to inform personnel decisions.

(b) The department must develop and adopt guidelines for these systems, and LEAs must develop and implement teacher and principal evaluation and support systems that are consistent with the department's guidelines. To ensure high-quality implementation, all teachers, principals, and evaluators shall be trained on the evaluation system and their responsibilities in the evaluation system. As part of developing and implementing these evaluation and support systems, the department must also provide student growth data on current students and the students taught in the previous year to, at a minimum, teachers of reading/language arts and mathematics in grades in which the state administers assessments in those subjects in a manner that is timely and informs instructional programs.

(c) Once these evaluation and support systems are in place, the department may use data from these systems to meet the requirements of ESEA Section 1111 (b)(8)(C) to ensure that impoverished and minority children are not taught at higher rates than other children by inexperienced, unqualified or out-of-field teachers.

(5) The department is authorized to remove duplicative and burdensome reporting requirements that have little or no impact on student outcomes. The department must make assurances to the United States Department of Education that it will evaluate and, based on that evaluation, revise its own administrative requirements to reduce duplication and unnecessary burden on LEAs and schools.

(6) Nothing in the principles outlined in subsections (2) through (5) of this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under federal, state, local laws or applicable regulations or court orders, or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

SECTION 3. This act shall take effect and be in force from and after its passage.