Mississippi Literacy-Based Promotion Act

Frequently Asked Questions

Mississippi Literacy-Based

Promotion Act

MDE: Office of Student Assessment and Division of Literacy – LBPA FAQ | 1.22.24

TABLE OF CONTENTS

04 Introduction

06 Literacy-Based Promotion Act

06 Accommodations

07 Alternative Assessments

07 Attendance

07 Documentation

08 Dyslexia

08 English Learners

09 Good Cause Exemption(s)

11 Kindergarten

12 High Performing Teacher

13 Students with Disabilities

14 Opt-out

14 Parent Communication

15 Public Reporting

16 Reading Interventions

18 Retention

18 Summer Program

18 Test Design

19 Transfer

19 Transition Class

20 MTSS

20 Individual Reading Plan

21 Individualized Education Program (IEP) and the IRP

22 Intensive Interventions

22 Progress Monitoring

22 Substantial Reading Deficiency

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Acknowledgements

Raymond C. Morgigno, Ph.D. | Interim State Superintendent of Education

Donna H. Boone, Ph.D | Chief Academic Officer

Kristen Wynn | State Literacy Director

Melissa Beck | K-3 Assessment Coordinator

Kelli Crain | Assistant State Literacy Coordinator

Jill Hoda | Assistant State Literacy Coordinator

Please contact Melissa Beck at mbeck@mdek12.org with any questions.

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Introduction

During the 2016 legislative session, the Literacy-Based Promotion Act was amended to include

the requirement of an Individual Reading Plan (IRP) for any student (K-3) who, at any time,

exhibits a substantial deficiency in reading, as well as students who were promoted to 4

grade with a good cause exemption. According to Senate Bill 2157, Section 37-177-1:

Each public school student who exhibits a substantial deficiency in reading at any time, as

demonstrated through performance on a reading screener approved or developed by the

State Department of Education or through locally determined assessments and teacher

observations conducted in Kindergarten and Grades 1 through 3 or through statewide end-of-

year assessments or approved alternate yearly assessments in Grade 3, must be given

intensive reading instruction and intervention immediately following the identification of the

reading deficiency. The intensive reading instruction and intervention must be documented for

each student in an individual reading plan (25-35).

The IRP serves as a tool for documenting intensive reading instruction and interventions for

students with identified reading deficiencies. Each component of the IRP is crucial to the

efficacy of the plan and student’s success. The IRP has seven (7) components:

(a) The student's specific, diagnosed reading skill deficiencies as determined (or

identified) by diagnostic assessment data;

(b) The goals and benchmarks for growth;

(d) The type of additional instructional services and interventions the student will

receive;

(e) The research-based reading instructional programming the teacher will use to

provide reading instruction, addressing the areas of phonemic awareness,

phonics, fluency, vocabulary and comprehension;

(f) The strategies the student's parent is encouraged to use in assisting the

student to achieve reading competency; and

(g) Any additional services the teacher deems available and appropriate to

accelerate the student's reading skill development.

It is important to note that multiple data points must be considered when identifying

students who need Tier II and Tier III supports.

A Third-Grade student who does not meet the academic requirements for promotion to the

Fourth Grade may be promoted by the school district only for good cause (§ 37-177-11).

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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 Learner program;

(b) Students with disabilities whose Individualized Education Program (IEP) indicates

that participation in the statewide accountability assessment program is not

appropriate, as authorized under state law;

assessment and who have an IEP or a Section 504 Plan that reflects that the individual

student has received intensive remediation in reading for more than two (2) years but

still demonstrates a deficiency in reading OR previously was retained in Kindergarten or

First, Second or Third Grade;

(d) Students who demonstrate an acceptable level of reading proficiency on an

alternative standardized assessment approved by the State Board of Education; and

(e) Students who have received intensive intervention 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 and have not

met exceptional education criteria.

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Literacy-Based Promotion Act

1. How can a student meet the promotion requirements of the Literacy Based Promotion

Act?

Students may meet promotion requirements of the LBPA by:

● earning a “met LBPA requirements” (level 3 or above) on the multiple-choice

portion of the 3rd Grade MAAP-ELA Assessment.

● achieving a “met LBPA requirements” (level 3 or above) on either of the two

retest opportunities on the 3rd Grade Reading Alternative Assessment. *

● achieving a Level 3 or higher on the 3rd Grade MAAP-ELA Assessment after the

writing is scored. *

*Please note these methods of promotion are considered Good Cause Exemption D.

2. If a student receives a “met LBPA requirements” on the Reading portion of the initial test

but scores a Level 2 once the writing has been scored, can the student still be promoted?

Yes, the student met the requirements of the LBPA on the Reading portion of the initial

test.

3. What is the pass/fail cut score for the 3

Grade MAAP-ELA? Students will be required to

score at or above Level 3 on the online reading portion of the 3rd Grade MAAP-ELA.

Accommodations

4. Will students with Individualized Education Program (IEP) read-aloud accommodations

be allowed to use these on the Mississippi Assessment Program-English Language Arts

(MAAP-ELA)? No. The reading portion of the MAAP-ELA test assesses student’s reading

skills. Teachers cannot read the assessment to students.

5. Where can the accommodations list for the 3

Grade assessments be found? For the

spring administration of the Grade 3 MAAP-ELA assessment, districts should use

accommodations as indicated in the Mississippi Testing Accommodations Manual, July

2022.

6. Are students with disabilities or English learners (ELs) allowed to test individually in

order for students to read the test aloud? Yes. This is an option available to all students.

While the teacher cannot read the test to students, a student can be tested individually so

the student can read the test aloud to himself/herself. This must be included in the

school’s test security plan, and the test administrator and proctor must both be present

during that time.

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7. Does the test need to be completed the same day?

No, students must have an accommodation to test over multiple days. Please see

Accommodation 25 in the Mississippi Testing Accommodations Manual, July 2022

Alternative Assessment

8. What is the alternative standardized assessment approved by the State Board of

Education? The alternative assessment is a different version of the 3rd Grade Reading

Assessment covering the 3

grade ELA standards.

Attendance

9. How do schools address students with excessive absences? School personnel should work

with the school attendance officer throughout the year to communicate attendance

policies with parents and ensure that parents understand the consequences of a student

not passing the 3

Grade MAAP-ELA.

10. If a child is sick and misses the initial test period, will they have the opportunity to take

the test during the retest window? If a student consistently misses the test window, will

they be retained in third grade by default? If the student is sick, they will take the test

upon return during the initial test or retest window. A student who does not take the test

nor the alternative assessment will be retained.

11. Does a child who enrolled in a Mississippi school in May have to take and pass the 3

grade assessment? Any student who enrolls in a Mississippi public school for the first time

from out of state after the first day of the test window will not be required to pass the 3rd

grade reading assessment to be promoted to 4th grade. Students are still required to meet

all local district requirements to be promoted.

Documentation

12. Where can schools get the Individual Reading Plan Template? The Individual Reading Plan

template may also be found in the MTSS Documentation Packet (updated January 2024)

located on the Intervention Services page under MTSS (Appendix E).

13. What documentation must be kept for intervention and Good Cause Exemptions? The

forms that must be utilized are located in MTSS Documentation Packet (updated January

2024) and include Section 3 and Appendix E. The school/district will maintain forms and

supporting documentation. This documentation may be kept electronically, but it must be

readily available for review by the MDE.

14. Who determines if intensive reading remediation has been delivered? The district

superintendent will determine if the documentation supports that intensive reading

interventions have been provided in accordance with the Literacy Based Promotion Act

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requirements and accept or reject the principal’s recommendation in writing. For

the 2019-2020 and/or 2020-2021 school years, schools

and districts should provide evidence of monitored and documented academic supports

for struggling readers provided by the school district, such as, high dosage tutoring,

summer school support, after-school remediation, and/or any other literacy-specific

academic interventions that may have been provided to the student.

Dyslexia

15. Will 3

grade students who have an official diagnosis of dyslexia be allowed

accommodations on the 3

grade assessment? Yes. Students with a documented

diagnosis of dyslexia will be allowed accommodations 20 and 25 on the 3

Grade MAAP-

ELA. Please see page 20 in the Mississippi Testing Accommodations Manual, July 2022 for

specific information on these accommodations.

16. Will students with dyslexia be allowed to track the text as they read, highlight the text

during the assessment, and have paper provided in order to manipulate words and

decode? Yes. Students are allowed to use a tracker if needed and may be provided paper

to decode text. Highlighting text is available for the 3rd Grade MAAP-ELA assessment.

English Learners (ELs)

17. Are English Learners (ELs) who have been in a school in the United States for two years or

longer, required to pass the 3rd Grade MAAP-ELA or the 3

Grade Reading Alternative

Assessment? Yes. ELs who have been enrolled in a school in the United States for two

calendar years or more must pass the 3

grade reading assessment for promotion. Please

contact Sharon Prestridge (sprestridge@mdek12.org) if you have questions about

determining two years of service.

18. Will English learners (ELs) qualify for a Good Cause Exemption? English learners who have

received less than two calendar years of instruction in an English language proficiency

program would qualify for GCE A. Please contact Sharon Prestridge

([email protected]rg) if you have questions about determining two years of service.

English learners who have received more than two calendar years of instruction in an

English language proficiency program may qualify for GCE A if a reading deficiency is noted.

The district may use the following documents to support granting GCE A to these students.

1. ELPT Student Proficiency Reports for each year enrolled demonstrating performance

below level 4 (proficient) in the domains of Reading and Writing, AND

2. Language Service Plan (LSP) for each year enrolled including a Reading domain goal

that has been supported, AND

3. Reading Screener results for each year enrolled showing below grade level, AND

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4. MTSS paperwork for each year enrolled and must include Tier III documentation for

academic reading supports.

*Include all available data from previous schools.

All four (4) criteria are required to demonstrate language acquisition and reading supports

were provided.

19. Is an IRP required for EL students who have been identified as having a “substantial

reading deficiency”? Yes. All students (K-3) who, at any time, exhibit a substantial reading

deficiency, as well as students who were promoted to 4

grade with a good cause

exemption are required to have an IRP.

20. Can an EL student be retained? Yes. English learners can be retained, but it cannot be due

to a language barrier. It is essential that districts determine that the low academic

performance is due to academic difficulties as opposed to their level of English language

acquisition. If an English learner is to be retained the district must demonstrate, through

appropriate documentation, exactly what has been done to support any academic deficit

areas (e.g., Tier III intensive intervention documentation for identified deficit areas,

intervention sign in sheets, related work samples, progress monitoring data, etc.). Per the

Supreme Court decision in Lau vs. Nichols (page 40 of the 2018 Mississippi English learner

Guidelines) an English learner cannot be retained solely based on the student’s level of

English proficiency.

21. Can an online program be used as EL support? Computer programs may be used to

support English learners if they are not the sole source of support and LIEP instruction for

English language acquisition. In the landmark Supreme Court decision in the case of

Castañeda v. Pickard, there are three prongs to consider when determining the adequacy

of the district’s program for ELs (page 37 of the 2018 Mississippi English learner

Guidelines).

Good Cause Exemption(s)

22. How can a student meet the promotion requirements of the Literacy Based Promotion

Act?

Students may meet promotion requirements of the LBPA by:

● earning a “met LBPA requirements” (level 3 or above) on the multiple-choice

portion of the 3rd Grade MAAP-ELA Assessment.

● achieving a “met LBPA requirements” (level 3 or above) on either of the two

retest opportunities on the 3rd Grade Reading Alternative Assessment. *

● achieving a Level 3 or higher on the 3rd Grade MAAP-ELA Assessment after the

writing is scored. *

*Please note these methods of promotion are considered Good Cause Exemption D.

23. How can a student be promoted for Good Cause Exemption D?

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● Students achieving a “met LBPA requirements” (level 3 or above) on either of the

two retest opportunities on the 3rd Grade Reading Alternative Assessment.

● Students achieving a Level 3 or higher on the 3rd Grade MAAP-ELA Assessment

after the writing is scored.

24. If a student receives a “met LBPA requirements” on the Reading portion of the initial test

but scores a Level 2 once the writing has been scored, can the student still be promoted?

Yes, the student met the requirements of the LBPA on the Reading portion of the initial

test.

25. What is the pass/fail cut score for the 3

Grade MAAP-ELA? Students will be required to

score at or above Level 3 on the 3rd Grade MAAP-ELA.

26. Is there a timeline for requesting a Good Cause Exemption (A, C, or E)? Schools should

apply for Good Cause Exemptions after the initial test results determine that students did

not pass the assessment. Therefore, a student who qualifies for a Good Cause Exemption

A, C, or E should not take the alternative assessment. Passing the alternative assessment is

Good Cause Exemption D.

27. What happens if my student gets approved for a Significant Medical Emergency? For

students receiving a significant medical emergency, please complete paperwork for Good

Cause Exemption B and attach a copy of the approval in Caveon from Sharon Prestridge.

Please contact Sharon Prestridge (sprestridge@mdek12.org) with any questions.

28. What is the difference between Good Cause Exemption for general education students

and students with disabilities? Students with disabilities must have received two years of

intensive reading intervention OR have been retained at least once in Kindergarten, First,

Second, or Third Grade – Good Cause Exemption C. General education students must have

received two years of intensive reading intervention and have been retained two years

total in Kindergarten, First, Second, or Third Grade – Good Cause Exemption E. All students

must take an assessment. Students who qualify for Good Cause Exemption B take the

MAAP-A Assessment.

29. Who makes the final decision about Good Cause Exemptions? The local superintendent

makes the final decision about Good Cause Exemptions. Prior to this decision, the teacher

submits documentation to the principal. The principal shall review and discuss the

recommendations with the teacher and parents and make a determination as to whether

or not the student should be promoted based on requirements set forth in this chapter. If

the principal determines that the student should be promoted, based on the

documentation provided, the principal must make the recommendation in writing to the

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school district superintendent, who, in writing, may accept or reject the principal's

recommendation.

30. How does a teacher know whether to submit a Good Cause Exemption (A, B, C, or E)? If

the student fails the first test and meets one of the Good Cause Exemption criteria (A, C, or

E), then an exemption should be requested. Good Cause Exemption B does not require the

student to take the 3

grade MAAP-ELA assessment. If a student with a disability meets

the criteria of having a significant cognitive disability (SCD), then he/she should take

MAAP-A. Good Cause Exemption D cannot be requested until the student passes the

alternative assessment.

31. How does a school address a student who has failed two years or more, and who has

failed the 3rd grade reading assessment for promotion but did not qualify for a Good

Cause Exemption? This student should have received Tier III intervention and possibly a

referral for a comprehensive assessment. If the student has been retained two or more

years and has received intensive reading intervention, as required by State Board Policy

Chapter 41, Rule 41.1, the student will qualify for Good Cause Exemption E.

32. For clarity, can two (2) years of retention include an impending retention during the

current third-grade year? No. The “impending retention” does not count. The two years of

retention must have taken place prior to the current school year.

Kindergarten

33. Are Kindergarteners required to take the Kindergarten Readiness Assessment and the K-

3 Screener? The K-3 Universal Screener and Kindergarten Readiness Assessment are both

required for kindergarten, as they are both required by MS codes/State Board policy. If

districts use Renaissance as their screener, then the Kindergarten Readiness Assessment

suffices as the BOY and EOY universal screener since the Kindergarten Readiness

Assessment is STAR Early Literacy. If districts do not use Renaissance, the Kindergarten

Readiness and the Universal Screener must both be given.

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Beginning in the 2024-2025 school year, the Kindergarten Readiness Assessment will serve

as the Kindergarten screener.

34. When should an IRP be completed for a kindergarten student? It is recommended that an

IRP be completed for a kindergarten student after results from both the beginning-of-year

screener and the first progress monitoring assessment, which typically occurs in

September, have been administered. Once a student has been identified, it is

recommended that additional diagnostic information be gathered to make the

determination for intervention. Therefore, multiple data points should be used to determine

substantial reading deficiencies.

35. What should the Test Administrator or Proctor do if a student cannot get through the

practice questions on the K-Readiness Assessment? Districts are encouraged to

reference the K-Readiness Testing Accommodations (March 2023) document for

accessibility features available for students who experience difficulty answering questions

on the Kindergarten Readiness Assessment, which may also include the ability to answer

practice questions. Specifically, number 70 on the Accessibility Features states, “Student

will dictate or gesture the answers to Scribe, and Scribe will mark answers directly into

online test system in the presence of Test Administrator and Proctor." Scribes may read

the practice questions and should ensure that practice questions are answered correctly so

that students may gain access to the Kindergarten Readiness Assessment. When the

assessment begins, the Scribe must record student answers to establish a baseline and

determine next steps for addressing deficiencies.

High-Performing Teacher

36. What constitutes a high-performing teacher? Is this determined by state assessment

scores, promotion/retention rate, etc.? A high-performing teacher is determined by the

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principal based upon successful student achievement (through the use of current and past

assessment data) and classroom observation.

Students with Disabilities

37. What is the role of the IEP Committee in Good Cause Exemptions? An IEP Committee can

decide services that impact the student's least restrictive environment (LRE) placement.

The student must either pass the 3

Grade MAAP-ELA, 3

Grade Reading Alternative

Assessment, or qualify for a Good Cause Exemption to be promoted to the Fourth Grade.

38. Can an IEP Committee make the decision to promote a child who does not meet the

requirements of the Literacy-Based Promotion Act?

The IEP Committee is responsible for determining the specially designed instruction (SDI)

that must be provided in the student's least restrictive environment (LRE). The Individuals

with Disabilities Education Act (IDEA) does not address grade placement. Grade promotion

and/or retention are not the same as “placement.” SDI includes the placement of services

i.e. inclusion supports, self-contained, residential placement, day treatment, homebound,

etc. The establishment of promotion or retention is governed by local/state-level policy.

39. Can students who have an IEP that reflects a single eligibility of Language/Speech and

who have been retained one year qualify for a Good Cause Exemption? Yes, regardless of

the eligibility category, if the IEP includes reading goals, the student can be promoted

under the Good Cause Exemption C. Students with an IEP must have had one year of

retention or have had two years of intensive reading intervention.

40. Would a third-grade student with a disability who has not been retained be eligible for a

Good Cause Exemption? Yes. Students with a disability who participate in the state annual

accountability assessment and who have an IEP or a Section 504 Plan that reflects that the

individual student has received intensive remediation in reading for more than two (2)

years but still demonstrates a deficiency in reading or previously was retained in

Kindergarten, First, Second or Third Grade may qualify for Good Cause Exemption C.

41. If a student becomes eligible for special education during third grade, has never been

retained, has only received intensive intervention during third grade, would he/she

qualify for a Good Cause Exemption? No. The student will not qualify for a Good Cause

Exemption because the student has not met the requirements of having two (2) years of

documented intensive interventions.

42. Do students with disabilities who are NOT significantly cognitively disabled (SCD) have to

be retained to qualify for a Good Cause Exemption if they have had two years of

intensive reading intervention? No. A student with a disability must have had two years of

intervention OR have been retained for one year to qualify for a Good Cause Exemption.

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43. If a student initially qualifies as a child with a disability under IDEA at any time during

their third grade year, would the student then be eligible for the special education Good

Cause Exemption? Yes. If the student has a current and implemented IEP and meets the

additional requirements under Good Cause Exemption C, then the school would adhere to

the special education requirements for Good Cause Exemptions for a student with an IEP.

The IEP implementation date must be within the current school year. This can include ESY

or summer reading camp if attended.

44. If a student is coded in MSIS as a "56" in a self-contained classroom but age-wise would

be a third grade peer and is not a student determined to meet the criteria for a

significant cognitive disability, should they be given the 3rd Grade MAAP-ELA? Yes.

Students who are coded 56 are assigned an assessment grade-level as determined by peer

age/peer grade according to the student’s age on September 1 of the current academic

school year. Beginning in the 2024-2025 school year, the 56 code will no longer be used.

45. Does a student who meets the criteria of having a significant cognitive disability have to

take the 3rd Grade MAAP? Students classified as SCD are not required to take the 3rd

Grade MAAP-ELA. These students will qualify under Good Cause Exemption B and should

take the MAAP-A assessment.

46. What year do I give Good Cause Exemption B to a student who meets the criteria of

having a significant cognitive disability? A student who meets the criteria of having a

significant cognitive disability should receive GCE B the year he/she takes 3

grade MAAP-

Opt-out

47. What can schools share with parents who are refusing for their students to participate in

the 3rd Grade MAAP-ELA statewide accountability assessment? In accordance with state

laws (MS Code 37-177-9) and (MS Code 37-16-3), the 3rd Grade MAAP-ELA is required for

promotion to fourth grade.

Parent Communication

48. How will a parent be notified if their child is struggling in reading? If a K-3 student has

been identified with a substantial deficit in reading, the teacher will immediately (within 10

days), and with each quarterly progress report, notify parents or legal guardians in writing,

of the determination and plans for addressing the deficiency, including sharing strategies

that parents can use to support reading at home. In addition, parents should also receive a

score report from the screener vendor. (Required K-3 Parental Notification Letters About

Supplemental Support - updated January 2024)

49. Will meetings be scheduled with parents of students being considered for a Good Cause

Exemption? The principal, teacher, and parent should work collaboratively to schedule a

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meeting to discuss the identified reading deficiency and an additional meeting with written

notification should occur once there is a final decision on the Good Cause Exemption.

Parents are to be involved throughout the process.

50. How often should parents be notified in writing that their child has a substantial reading

deficiency? Parents should be notified in writing immediately upon the determination of a

reading deficiency, and subsequently with each quarterly progress report until the

deficiency is remediated.

51. Does the IRP serve a dual purpose as the notification form to parents as required by law?

No. The parent notification letter is a different document. The IRP is not intended to serve

as parental notification; however, it is recommended that the IRP be shared with parents.

52. Should the IRP documentation be discussed with the parent at a meeting or sent home

with the student? It is recommended that the designated individual or team meet with the

parent to discuss the IRP.

53. What should be included in the written Parent Notification Letter when a substantial

reading deficiency has been determined? If a K-3 student is identified with a substantial

reading deficiency, parents must be notified by the student’s teacher 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, as outlined in the student's Individual Reading

Plan;

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 37-177-11 is met.

54. Should districts create their own Parent Notification Letter? No, districts should use the

MDE approved Parent Notification Letter Template that corresponds to the screener used

by the district. (Required K-3 Parental Notification Letters About Supplemental Support)

Public Reporting

55. How will districts report the number and percentage of students who are retained

and/or did not pass as a result of the 3

grade MAAP-ELA? Schools will enter promotion

and retention data and Good Cause Exemption data in MSIS. A report will be generated by

the MDE and shared with districts for publication in local newspapers or district/school

webpages.

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56. How will data for small groups of students be reported? For groups of students less than

ten (10), the published reports will protect student identity in accordance with Family

Educational Rights and Privacy Act (FERPA) guidance.

57. For a student who meets a Good Cause Exemption, will there be a requirement to note

this or provide documentation to MDE? Yes. Status of Good Cause Exemption will be

reported electronically through MSIS. The school/district will maintain forms and

supporting documentation for Good Cause Exemption determinations for five (5) years.

The completed Good Cause Exemption Form, located in Appendix F of the MTSS

Documentation Packet (updated January 2024), must be placed in the student’s cumulative

record. Supporting intervention documentation may be kept electronically, but it must be

readily available for review by the MDE.

Reading Interventions

58. Are students who did not pass the 3

grade Reading Assessment required to have

intensive interventions in addition to their core reading block instruction? Yes, the

Literacy Based Promotion Act requires a minimum of 90 minutes of daily core reading

instruction during regular school hours. It is recommended best practice that the ninety

(90) minutes be uninterrupted, but it is not required to be delivered consecutively by law.

Students not promoted to 4

grade should also receive intensive instructional services,

progress monitoring measures, and supports to remediate the identified areas of reading

deficiency in addition to core reading instruction.

59. What suggested supports should be provided to 3

grade students not promoted to 4

grade? As outlined in the student’s Individual Reading Plan, 3

grade students not

promoted to 4

grade should be provided 90 minutes of core reading instruction,

scientifically based researched instruction that includes phonemic awareness, phonics,

fluency, vocabulary, and comprehension and other strategies prescribed by the school

district, which may include but are not limited to: (1) Small group instruction; (2) Reduced

teacher-student ratios; (3) Tutoring in scientifically based reading services in addition to

the regular school day; (4) The option of transition classes; (5) Extended school day, week,

or year; and (6) Summer reading camps. More information can be found on the Science of

Reading webpage and Strong Readers Strong Leaders webpage.

60. What qualifies as two (2) years of "intensive reading instruction"? Intensive reading

instruction is direct, explicit, systematic instruction four (4) times a week for thirty (30)

minutes each session that addresses the reading deficiency that has been identified and

that is delivered with integrity and fidelity. Intensive reading instruction must be

documented for two school years.

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61. Could two years of being in the special education system prior to third grade be

considered as two years of reading intervention? Not necessarily. If a student’s IEP

addresses reading difficulties and includes specific goals that address those difficulties,

then the IEP and progress monitoring of current goals will be considered as documentation

of intervention. However, if the student’s IEP does not address reading difficulties, then

the IEP cannot serve as Intervention documentation.

62. Would after-school tutoring be considered a Good Cause Exemption intervention? After-

school tutoring provided at a school can be considered only if it adheres to the MTSS-RTI

Tier III requirements, is coordinated by the school, is provided at no cost to the parent, and

is documented in the student’s cumulative record.

63. How does a school document reading interventions for a student with an IEP? The

documentation of IEP and individual student reading goals through completed reports of

progress and current level of performance qualifies as reading interventions. The general

education and special education teacher should work collaboratively to implement, and

progress monitor as indicated in the IEP.

64. Can the documented intensive reading interventions come from the resource classroom,

or do they have to come from the general education setting with or without special

education support? The documented intensive reading interventions may come from the

special education teacher, general education teacher, or a combination of both.

65. Are Tier II interventions considered intensive interventions? No. Tier II interventions are

not considered intensive interventions.

66. Do students have to be in Tier III to get a Good Cause Exemption C or E? Yes. Students in

general education must be receiving Tier III intensive intervention in reading.

67. Is there a guideline to use to determine which of our students are not meeting the

benchmark for universal screeners? Please refer to the Universal Screener Companion

Guide document (pages 11-13). This is one data point to consider during the decision-

making process, not the only determining factor.

68. Who is responsible for providing interventions during the summer prior to the third

retest? Since the third retest will occur over the summer, parents may choose to provide

support personally for the student. The school or district may also offer support but are

not obligated to provide summer remediation.

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69. Can dyslexia therapy, conducted outside of school hours according to MS code 37-173-21,

be considered intensive interventions? Yes. Documentation of each Schedule’s Benchmark

must be provided and a log of hours and services signed by the qualified personnel.

Retention

70. If a student fails the third-grade school year due to district requirements and is retained,

but passed the 3

grade reading assessment for promotion the previous year, does the

student have to pass the test again the following year? All students MUST take the 3rd

Grade MAAP-ELA assessment to satisfy state accountability testing requirements.

If students score a Level 3 or above on MAAP-ELA or receive a “met LBPA requirements”

score on either retest then that score may be banked and used to apply Good Cause

Exemption D the following spring.

71. Does the MDE have any research to support the practice of retention? Yes, The Effect of

Retention Under Mississippi’s Test-Based Promotion Policy . The State Legislature

established the Literacy-Based Promotion Act. It is the job of the Mississippi Department of

Education to ensure that the law is followed. We encourage districts to understand that it

is not the intent of the law for retained students to have the same classroom experience

when they repeat third grade. It is the intent of the law to provide students that are

retained with intensive reading intervention that includes effective instructional strategies

and appropriate teaching methodologies necessary to assist the student in becoming a

successful reader, able to read at or above grade level, and ready for promotion to the

next grade.

72. Can parents choose to have their child retained if the superintendent approves

promotion based on the Good Cause Exemption? Yes. Parents can request that their child

be retained even if the child qualifies for a Good Cause Exemption.

Summer Program

73. In accordance with the law, interventions must occur in school districts for retained third

grade students. Are schools and districts required to offer transportation and summer

school? No. Additional transportation or summer school programs are not required by the

law. Interventions should occur during the school year and prior to the first retest window,

which is also during the school year. While the law allows for summer reading camps,

schools are not required to use this approach.

Test Design

74. On the test, will the student be required to answer a question on a higher level of

difficulty when he/she has answered the question correctly? No. The 3

Grade MAAP-ELA

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consists of items that are written to address the Grade 3 Mississippi College- and Career-

Readiness Standards for English Language Arts.

75. Will each question receive the same number of points? No. The questions on the 3

Grade MAAP-ELA Assessment are worth either 1 or 2 points depending on the item type.

Closed-ended items are worth one point, and open-ended items are worth two points.

76. Will the score reports for the 3

Grade MAAP-ELA be a pass/fail roster or a detailed

report? For the 3

Grade MAAP-ELA, districts will receive a pass/fail roster, and parents

will receive an individual student score report indicating if a student met/did not meet the

LBPA requirement.

Transfer

77. If a student transfers before or after the 3

Grade MAAP-ELA is administered and re-

enters the district after the beginning of the following school year, then this student is

placed in fourth grade based on academic information from the previous school. What if

a student enrolls in fourth grade, coming from a homeschool, private school, or other

setting? In accordance with Standard 7 of the Mississippi Public School Accountability

Standards, 2018, any transfer student from a school or program (correspondence, tutorial,

or home study) not accredited regionally or by a state board of education [or its

designee(s)] is given either a standardized achievement test(s) or teacher-made special

subject test(s) to determine the appropriate classification of the student within thirty (30)

days after filing for transfer. Notice of the administering of such test(s) shall be given to the

applicant not less than five (5) days prior to the date of the administration of such test. It is

the local district’s responsibility to determine if a school is regionally accredited based on

the local district policy. State Board Policy 36.2 states: Enrollment in a non-public

school/program (to include, but not limited to, private schools, parochial schools, home

schools, virtual schools, summer schools, independent study/correspondence programs,

etc.) shall not be used to circumvent participation in the Mississippi Statewide Assessment

System or students meeting the graduation requirements outlined in this policy.

78. Does a student who transfers from out-of-state qualify for a Good Cause Exemption? A

student enrolling in Fourth Grade from a regionally or state board accredited school would

simply enroll in fourth grade. For students enrolling in fourth grade as a transfer from

homeschool, private school, or some other setting, please see the response to question 77.

Transition Class

79. The LBPA Implementation Guide recommends a transition class after third grade. Will

MDE provide any guidance or suggestions about the implementation of this type of

class? Yes. Please visit Guidelines for Students Identified with a Reading Deficiency and/or

for Students Not Promoted document for guidance.

MDE: Office of Student Assessment and Division of Literacy – LBPA FAQ | 1.22.24

MTSS

80. In MSIS, students that passed the 3rd grade retest in June are populating as 20 day

students. Should districts consider these students as 20 day students and follow

protocol? These students will need an IRP in 4th grade, so will that suffice as their reason

for being considered 20 day students? In this situation, the student is promoted to fourth

grade under Good Cause Exemption (D) because they passed the retest in June. This

student should be considered a 20 day student. The district should conduct a 20 day

meeting to decide what level of intervention support is needed for this student. They will

need an IRP, but they may also need intensive interventions at Tier III

Individual Reading Plan

81. Is the IRP required for all students? No. The IRP is required for any public-school student

(K-3) who, at any time, exhibits a substantial deficiency in reading, as well as any student

who was promoted to 4

grade with a good cause exemption.

An IRP is not required if the K-4 student currently has an IEP with Reading goals.

However, if a student’s IEP does not currently address reading difficulties and the

student later develops a deficit in reading, then the general education and the special

education teacher must collaborate to determine whether goals need to be added to

the IEP or if an IRP is most appropriate. If a student has an IEP that only has Math goals

and the student later begins to struggle in reading, then an IRP must be written for K-4

students.

The individual needs of the student should dictate the goals and the supports provided.

The general education teacher and the special education teacher should work

collaboratively to develop and implement the IEP and continue to progress monitor as

indicated in the IEP.

82. Who is responsible for developing the IRP? This will be a district decision. Typically, the

Teacher Support Team (TST) will be responsible for developing the IRP.

83. When should the IRP be completed? The law requires that students identified with a

substantial reading deficiency be given intensive reading instruction and intervention

immediately following the identification of the deficiency. The current requirements for

Part 3, Chapter 41: Intervention state, “After a referral is made, the TST must develop and

begin implementation of an intervention(s) within 2 weeks." Follow the MTSS model and

your local district tier process for determining placement in Tier II or Tier III interventions.

Once a student has been identified by a screener, it is recommended that additional

diagnostic information be gathered to make the determination for intervention. Therefore,

multiple data points should be used to determine substantial reading deficiencies.

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84. Does IRP documentation remain at the district level or should it be submitted to the

MDE? IRP documentation should be housed at the school/classroom in which the student

receives reading instruction. Note: In the event of an audit, documentation may be

requested for review.

85. Should a new IRP be completed at the beginning of each school year? Yes. Each year,

student data should be used to determine whether a student will need an IRP. This

meeting should be conducted by the teacher support team.

86. Where should the IRP be archived at the end of the year? In accordance with State Board

Policy Chapter 3, Rule 41.1, Intervention, the IRP is a component of the MTSS

documentation and should be stored with those documents.

87. Are the IRP and Good Cause Exemption documentation packets available for digital

input and storage? Yes. Both are available in digital PDF.

88. Should districts use the IRP forms or the MTSS forms for students in grades K-3? It is

recommended that districts utilize Section 3 and Appendix E in the MTSS Documentation

Packet.

89. Is each school district mandated to use the IRP template developed by the MDE? No. The

law does not mandate a specific format, only that the format includes all required

components of the IRP as provided within the MDE template and required by law (SB

2157). All services must be appropriately documented in writing. Note: Your district may

adapt/customize the MTSS documentation for Tier III to include the IRP components.

Individualized Education Program (IEP) and the IRP

90. Is the IRP now a requirement in addition to the IEP? No. The documentation of IEP

reading goals and progress monitoring can be substituted for the IRP if the student’s

current IEP addresses reading difficulties.

91. If a student has a 504 Plan and receives intensive therapy in the dyslexia program, does

he/she still need the IRP? Yes. All public school students (K-3) who, at any time, exhibit a

substantial deficiency in reading, as well as students who were promoted to 4

grade with

a good cause exemption are required to have an IRP.

92. Is an IRP required for K-3 students receiving special education services who are classified

as having a Significant Cognitive Disability (SCD) and who take the alternate assessment?

No. Students classified as having a Significant Cognitive Disability qualify for Good Cause

Exemption (GCE) B for “students with disabilities whose Individualized Education Program

(IEP) indicates that participation in the statewide accountability assessment program is not

MDE: Office of Student Assessment and Division of Literacy – LBPA FAQ | 1.22.24

appropriate, as authorized under state law”. Therefore, a student who meets the criteria

for GCE “B” would not be required to have an IRP and should take the MAAP-A

assessment.

Intensive Interventions

93. If a student requires an IRP in grades K-3, can we skip Tier II and move the student

straight to Tier III. Yes. Students with a significant reading deficiency requiring an IRP

should be considered Tier III students.

94. If students experience success with intensive interventions, should the interventions

cease immediately? No. Once a student has been identified, it is recommended that

additional diagnostic information be gathered to make the determination for intervention.

Follow the MTSS model for providing tiered support to each student. In addition, progress

monitoring for Tier II and III should be completed as recommended by the MTSS model to

determine if students are progressing or regressing between levels based on the

effectiveness of the intervention(s). Multiple measures should be used to determine which

students need intervention or when to remove a student from intensive intervention

services (Tier III).

Progress Monitoring

95. How should progress monitoring be conducted? Progress monitoring should be done with

specific probes that monitor students’ progress on the exact skill or deficiency that is being

addressed through interventions. If the probe is too broad, growth may not be clearly

evident.

96. How often should progress monitoring be performed? According to the law, teachers

must collect baseline data within the first thirty (30) days of school via a state-approved

screener and monitor the progress of each student at the middle and end of the year. In

accordance with MTSS guidelines, it is recommended that progress monitoring occur

according to the following timeline:

a. Tier I – Formal monthly progress monitoring;

b. Tier II – Bi-weekly progress monitoring; and,

c. Tier III – Weekly progress monitoring.

Substantial Reading Deficiency

97. How is a substantial reading deficiency identified? A substantial deficiency in reading may

be defined through performance on a reading screener approved or developed by the

State Department of Education or through locally determined assessments and teacher

observations conducted in grades K-3, through statewide end of the year assessments or

approved alternate yearly assessments in grade 3.

MDE: Office of Student Assessment and Division of Literacy – LBPA FAQ | 1.22.24

98. What is a substantial reading deficiency? A score in the Intervention Guidance column on

pages 11-13 as set by the MDE list of approved screeners MAY represent a “substantial

deficiency” in reading. Schools/Districts using other assessments should review the

recommended guidelines for that assessment to determine what constitutes a “substantial

deficiency”. Additional diagnostic assessments and/or other indicators should also be used

to determine specific deficit areas so that interventions are tailored to address those

needs.

99. If more than one component of reading is identified as a deficient or multiple skills are

indicated as deficiencies, which deficiency should be addressed and documented? Each

deficiency should be addressed; however, immediate attention and interventions should

be given to the most basic foundational area(s) with which the student is struggling and

progress accordingly.

100. May the identification of a "substantial reading deficiency" occur at any point during

the school year? Yes. A substantial reading deficiency may be identified during progress

monitoring or any subsequent screening windows. If a student scores below the

designated benchmark on formal or informal reading assessments, then he/she may need

an IRP. Please consult with the Teacher Support Team (TST) for further guidance.