MCA Chapter 16

MCA Chapter 16
in effect

Miss. Code Ann. § 37-16-1 Purpose.

The primary purpose of the statewide testing program is to provide information needed for state-level decisions. The program shall be designed to: Assist in the identification of educational needs at the state, district and school levels. Assess how well districts and schools are meeting state goals and minimum performance standards. Provide information to aid in the development of policy issues and concerns. Provide a basis for comparisons among districts, between charter schools throughout the state and nonpublic charter schools in those school districts in which charter schools are located, and between districts, the state and the nation, where appropriate. Produce data which can be used to aid in the identification of exceptional educational programs or processes.

Miss. Code Ann. § 37-16-3 General powers and duties of department of education.

The State Department of Education is directed to implement a program of statewide assessment testing which shall provide for the improvement of the operation and management of the public schools. The statewide program shall be timed, as far as possible, so as not to conflict with ongoing district assessment programs. As part of the program, the department shall: Establish, with the approval of the State Board of Education, minimum performance standards related to the goals for education contained in the state’s plan including, but not limited to, basic skills in reading, writing and mathematics. The minimum performance standards shall be approved by April 1 in each year they are established. Conduct a uniform statewide testing program in grades deemed appropriate in the public schools, including charter schools. The program may test skill areas, basic skills and high school course content. Monitor the results of the assessment program and, at any time the composite student performance of a school or basic program is found to be below the established minimum standards, notify the district superintendent or the governing board of the charter school, as the case may be, the school principal and the school advisory committee or other existing parent group of the situation within thirty (30) days of its determination. The department shall further provide technical assistance to a school district in the identification of the causes of this deficiency and shall recommend courses of action for its correction. Provide technical assistance to the school districts, when requested, in the development of student performance standards in addition to the established minimum statewide standards. Issue security procedure regulations providing for the security and integrity of the tests that are administered under the basic skills assessment program. In case of an allegation of a testing irregularity that prompts a need for an investigation by the Department of Education, the department may, in its discretion, take complete control of the statewide test administration in a school district or any part thereof, including, but not limited to, obtaining control of the test booklets and answer documents. In the case of any verified testing irregularity that jeopardized the security and integrity of the test(s), validity or the accuracy of the test results, the cost of the investigation and any other actual and necessary costs related to the investigation paid by the Department of Education shall be reimbursed by the local school district from funds other than federal funds, Mississippi Adequate Education Program funds, or any other state funds within six (6) months from the date of notice by the department to the school district to make reimbursement to the department. Uniform basic skills tests shall be completed by each student in the appropriate grade. These tests shall be administered in such a manner as to preserve the integrity and validity of the assessment. In the event of excused or unexcused student absences, make-up tests shall be given. The school superintendent of every school district in the state and the principal of each charter school shall annually certify to the State Department of Education that each student enrolled in the appropriate grade has completed the required basic skills assessment test for his or her grade in a valid test administration. Within five (5) days of completing the administration of a statewide test, the principal of the school where the test was administered shall certify under oath to the State Department of Education that the statewide test was administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System as adopted by the State Board of Education. The principal’s sworn certification shall be set forth on a form developed and approved by the Department of Education. If, following the administration of a statewide test, the principal has reason to believe that the test was not administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System as adopted by the State Board of Education, the principal shall submit a sworn certification to the Department of Education setting forth all information known or believed by the principal about all potential violations of the Requirements of the Mississippi Statewide Assessment System as adopted by the State Board of Education. The submission of false information or false certification to the Department of Education by any licensed educator may result in licensure disciplinary action pursuant to Section 37-3-2 and criminal prosecution pursuant to Section 37-16-4.

Miss. Code Ann. § 37-16-4 Violations of test security procedures; enforcement and penalties.

It is unlawful for anyone knowingly and willfully to do any of the following acts regarding mandatory uniform tests administered to students as required by the State Department of Education: Give examinees access to test questions prior to testing; Copy or reproduce all or any portion of any secure test booklet; Coach examinees during testing or alter or interfere with examinees’ responses in any way; Make answer keys available to examinees; Fail to account for all secure test materials before, during and after testing; Participate in, direct, aid, counsel, assist in, encourage or fail to report any of the acts prohibited in this section. Any person violating any provisions of subsection (1) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned for not more than ninety (90) days, or both. Upon conviction, the State Board of Education may suspend or revoke the administrative or teaching credentials, or both, of the person convicted. Any person submitting a false certification to the State Department of Education that each statewide test in a school was administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System as adopted by the State Board of Education, and with willful intent, is guilty of a felony and upon conviction thereof shall be fined not more than Fifteen Thousand Dollars ($15,000.00), or be imprisoned for not more than three (3) years, or both. Upon conviction, the State Board of Education may suspend or revoke the administrative or teaching credentials, or both, of the person convicted. The district attorney shall investigate allegations of violations of this section, either on its own initiative following a receipt of allegations, or at the request of a school district or the State Department of Education. The district attorney shall furnish to the State Superintendent of Education a report of the findings of any investigation conducted pursuant to this section. The State Board of Education shall establish statistical guidelines to examine the results of state mandated tests to determine where there is evidence of testing irregularities resulting in false or misleading results in the aggregate or composite test scores of the class, grade, age group or school district. When said irregularities are identified, the State Superintendent of Education may order that any group of students identified as being required to retake the test at state expense under state supervision. The school district shall be given at least thirty (30) days’ notice before the next test administration and shall comply with the order of the State Superintendent of Education. The results from the second administration of the test shall be final for all uses of that data. Nothing in this section may be construed to prohibit or interfere with the responsibilities of the State Board of Education or the State Department of Education in test development or selection, test form construction, standard setting, test scoring, and reporting, or any other related activities which in the judgment of the State Superintendent of Education are necessary and appropriate.

Miss. Code Ann. § 37-16-5 Assessment of student performance and achievement by district school boards.

The school board of every district in this state shall periodically assess student performance and achievement in each school. Such assessment programs shall be based upon local goals and objectives which are compatible with the state’s plan for education and which supplement the minimum performance standards approved by the state board of education. Data from district assessment programs shall be provided to the state department of education when such data is required in order to evaluate specific instructional programs or processes or when the data is needed for other research or evaluation projects. Each district may provide acceptable, compatible district assessment data to substitute for any assessment data needed at the state level when the state department of education certifies that such data is acceptable for the purposes of Section 37-16-3.

Miss. Code Ann. § 37-16-7 Establishment of graduation standards established by district school boards; standard diploma.

Each district school board shall establish standards for graduation from its schools which shall include as a minimum: Mastery of minimum academic skills as measured by assessments developed and administered by the State Board of Education. Completion of a minimum number of academic credits, and all other applicable requirements prescribed by the district school board. 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. 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. The State Board of Education may establish student proficiency standards for promotion to grade levels leading to graduation.

Miss. Code Ann. § 37-16-9 Modification of testing instruments and procedures for students with identified handicaps or disabilities.

The state board shall, after a public hearing and consideration, make provision for appropriate accommodations for testing instruments and procedures for students with identified handicaps or disabilities in order to ensure that the results of the testing represent the student’s achievement, rather than reflecting the student’s impaired sensory, manual, speaking or psychological process skills, except when such skills are the factors the test purports to measure. The public hearing and consideration required hereunder shall not be construed to amend or nullify the requirements of security relating to the contents of examinations or assessment instruments and related materials or data. Children with disabilities shall be included in general statewide and district-wide assessments programs, with appropriate accommodations, where necessary. As appropriate, the State Department of Education and the local educational agency shall: Develop policies and procedures for the participation of children with disabilities in alternate assessments for those children who cannot participate in statewide and district-wide assessment programs; and Develop and, beginning not later than July 1, 2000, conduct those alternate assessments. The State Department of Education shall make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following: The number of children with disabilities participating in regular assessments; The number of children participating in alternate assessments; The performance of those children on regular assessments, beginning not later than July 1, 1998, and on alternate assessments, not later than July 1, 2000, if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children; and Data relating to the performance of children with disabilities shall be disaggregated for assessments conducted after July 1, 1998.

Miss. Code Ann. § 37-16-11 Special diploma or certificate of completion for students with disabilities; occupational diploma for students with disabilities.

A student who has been properly classified, in accordance with rules established by the State Board of Education shall, upon meeting all applicable requirements prescribed by the district school board, be awarded a special diploma in a form prescribed by the state board; however, such special graduation requirements prescribed by the district school board shall include minimum graduation requirements as prescribed by the state board. Any such student who meets all special requirements of the district school board for his exceptionality, but is unable to meet the appropriate special state minimum requirements, shall be awarded a special certificate of completion in a form prescribed by the state board. Nothing provided in this section, however, shall be construed to limit or restrict the right of an exceptional student solely to a special diploma. Any such student shall, upon proper request, be afforded the opportunity to fully meet all requirements of Section 37-16-7 through the standard procedures established therein and thereby qualify for a standard diploma upon graduation. The State Board of Education shall develop and issue criteria for a Mississippi Occupational Diploma for students having a disability as defined by the federal Individuals with Disabilities Education Act. Beginning with the 2002-2003 school year, any such student, upon proper request, shall be afforded the opportunity to fully meet such requirements and qualify for an occupational diploma upon graduation. The special Mississippi Occupational Diploma for students with disabilities shall not be available to any student entering the Ninth Grade in the 2017-2018 school year or thereafter, pending State Board of Education approval of new graduation options.

Miss. Code Ann. § 37-16-13 Honorary high school diploma for World War II, Korean Conflict and Vietnam Conflict veterans.

The school board of a local school district may award an honorary high school diploma in a form prescribed and supplied to school districts by the State Board of Education to veterans of World War II, the Korean Conflict and the Vietnam Conflict who were unable to complete their education due to their military service. The honorary diploma is available to any honorably discharged veteran residing in Mississippi who was (a) scheduled to graduate between 1941 and 1955 but was inducted into military service before completing the necessary graduation requirements, or (b) was scheduled to graduate between 1963 and 1973 but volunteered for military service and received the Vietnam Service Ribbon. Family members of deceased eligible veterans may apply for the diploma to be awarded posthumously. The State Board of Education and State Veterans Affairs Board jointly shall develop a uniform application for persons seeking a diploma under subsection (1) of this section. The application shall request no less than the following information: The veteran’s name, social security number and date of birth; The last year the veteran was in school and the veteran’s grade level during that year; The year the veteran left school to enter World War II, the Korean Conflict or the Vietnam Conflict; The year the veteran would have graduated from high school; The name and location of the school attended; The date of the veteran’s enlistment or draft; The veteran’s service number; The veteran’s date of honorable discharge; A copy of the veteran’s DD-214 form, if available; and Any other information deemed relevant by the State Board of Education or State Veterans Affairs Board. The State Board of Education shall provide local school districts, county departments of human services and local veterans services offices with copies of the uniform application. A person may request an application from any local school district, county department of human services or local veterans services office. Completed applications for a diploma may be submitted to the veteran’s local school district, regardless of whether or not the veteran attended school in that district. Upon verifying the information contained in the application, including verifying the veteran’s military service information with the State Veterans Affairs Board, and determining the veteran’s eligibility for the honorary high school diploma, the local school board may award the diploma to the veteran. The diploma shall indicate clearly that the recipient is a veteran of World War II, the Korean Conflict or the Vietnam Conflict and that the diploma was issued at a later date due to the veteran’s participation in the war. The State Department of Education and the State Veterans Affairs Board may work together to provide communities with information about hosting a diploma ceremony on or around Veteran’s Day. The diploma shall be provided to the veteran or, if the veteran is deceased, to the veteran’s family.

Miss. Code Ann. § 37-16-15 High school diploma granted to persons who withdrew from school before graduation; completion of requisite graduation course work requirements and passing score on assessment reasonably comparable to assessments in existence at the time student would have graduated required.

Any person who has withdrawn from high school before graduation may be granted a diploma from the Mississippi public high school that the person last attended if the person has: Completed all requisite graduation course work requirements and has achieved a passing score on an assessment reasonably comparable to the respective assessments that would qualify the person for high school graduation as such assessments existed at the time that the student would have graduated; and Made a request to the public high school district that the person last attended in Mississippi that includes relevant transcripts of course work completed. The State Department of Education is authorized to determine and/or develop any reasonably comparable assessment to be administered to persons seeking to obtain a diploma from the last Mississippi public high school of attendance under the authority granted under subsection (1) of this section.

Miss. Code Ann. § 37-16-17 Career track programs for students not pursuing baccalaureate degree; curriculum; dual-enrollment and dual-credit options.

Purpose. The purpose of this section is to create a quality option in Mississippi’s high schools for students not wishing to pursue a baccalaureate degree, which shall consist of challenging academic courses and modern career-technical studies. The goal for students pursuing the career track is to graduate from high school with a standard diploma and credit toward a community college certification in a career-technical field. These students also shall be encouraged to take the national assessment in the career-technical field in which they become certified. The State Board of Education shall develop and adopt course and curriculum requirements for career track programs offered by local public school boards in accordance with this section. The Mississippi Community College Board and the State Board of Education jointly shall determine course and curriculum requirements for the career track program. Alternative career track; description; curriculum. A career trackshall provide a student with greater technical skill and a strongacademic core and shall be offered to each high school student enrolledin a public school district. The career track program shall be linkedto postsecondary options and shall prepare students to pursue eithera degree or certification from a postsecondary institution, an industry-basedtraining or certification, an apprenticeship, the military, or immediateentrance into a career field. The career track shall be designed primarilyfor those students who are not college bound and shall provide themwith alternatives to entrance into a four-year university or collegeafter high school graduation. Students pursuinga career track shall be afforded the opportunity to dually enrollin a community or technical college or to participate in a businessinternship or work-study program, when such opportunities are availableand appropriate. Each public schooldistrict shall offer a career track program approved by the StateBoard of Education. Students in acareer track program shall complete an academic core of courses anda career and technical sequence of courses. The twenty-one(21) course unit requirements for the career track shall consist ofthe following: At least four(4) English credits, including English I and English II. At least three(3) mathematics credits, including Algebra I. At least three(3) science credits, including one (1) unit of biology. At least three(3) social studies credits, including one (1) unit of U.S. Historyand one (1) unit of Mississippi Studies/U.S. Government. At least one-half(1/2) credit in health or physical education. At least four(4) credits in career and technical education courses in the dualenrollment-dual credit programs authorized under Section 37-15-38. At least one(1) credit in integrated technology with optional end of course testing. At least twoand one-half (2-1/2) credits in additional electives or careerand technical education courses required by the local school board,as approved by the State Board of Education. Academic courses withinthe career track of the standard diploma shall provide the knowledgeand skill necessary for proficiency on the state subject area tests. Nothing in this section shall disallow the development of a dual enrollment program with a technical college so long as an individual school district, with approval from the State Department of Education, agrees to implement such a program in connection with a technical college and the agreement is also approved by the proprietary school’s commission. The career track program for students not pursuing a Baccalaureate Degree shall not be available to any student entering the Ninth Grade in the 2017-2018 school year or thereafter.

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