Text: SF84            Text: SF86
Complete Bill History


Senate File 85

SENATE FILE BY McKINLEY Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring the board of directors of a school district to 2 adopt a student promotion policy to support student reading at 3 grade level, and providing an applicability date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1934XS 82 6 kh/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 279.65 STUDENT PROMOTION OR 1 2 RETENTION. 1 3 1. A student enrolled in grade three who at the completion 1 4 of grade three is more than one year below grade level in 1 5 reading as determined by reading assessments administered 1 6 pursuant to this section, shall not be promoted to grade four 1 7 unless determined not to be in the best interest of the child 1 8 as provided in the student promotion policy adopted by the 1 9 school in accordance with this section. The board of 1 10 directors of each school district shall adopt a student 1 11 promotion policy that facilitates collaboration among 1 12 teachers, parents, and guardians of the students, and the 1 13 school district to support student reading at grade level. 1 14 The policy shall address the assessment of, and the 1 15 establishment of performance levels for, a student identified 1 16 as limited English proficient and a student identified as a 1 17 child requiring special education. The policy shall be 1 18 developed and annually updated with input from school 1 19 administrators, teachers, parents, and guardians. Annually, 1 20 by the first day of school, the school district shall notify 1 21 the parents and guardians of students in kindergarten through 1 22 grade three of the district's student promotion policy. 1 23 2. a. To identify students at risk of reading failure, 1 24 students enrolled in kindergarten through grade three of a 1 25 school district shall be assessed at the beginning of each 1 26 school year and throughout the school year as necessary by 1 27 ongoing assessments of their reading skills or early literacy 1 28 development including but not limited to phonological 1 29 awareness, reading fluency, and alphabetic principle. At 1 30 least annually, within the first three months of the school 1 31 year, the school district shall provide written notice to the 1 32 parent or guardian of the student's Iowa grade equivalency. 1 33 b. The department of education shall establish by 1 34 administrative rule a list of approved reading or early 1 35 literacy development assessments, which shall be provided to 2 1 each school district. This list shall include the dynamic 2 2 indicators of basic early literacy skills (DIBELS), a 2 3 standardized, individually administered measure of early 2 4 literacy development, and the Iowa test of basic skills. 2 5 c. The director of the department of education shall 2 6 establish a committee to assist with the development of rules 2 7 required pursuant to paragraph "b", to review and recommend 2 8 reading and early literacy development assessments that 2 9 measure a student's reading skills or early literacy 2 10 development, including assessments for the following purposes: 2 11 (1) To assess a student's reading skills or early literacy 2 12 development progress throughout the school year. 2 13 (2) To indicate grade level competencies that have been 2 14 attained. 2 15 (3) To review and recommend reading skill or early 2 16 literacy development assessments that have been developed or 2 17 utilized by other states to the extent that the tests are 2 18 appropriate for use under this section. 2 19 The majority of members appointed shall be supportive of 2 20 research=based reading instruction described in the center for 2 21 the improvement of early reading achievement report issued in 2 22 2003 titled "Put Reading First: The Research Building Blocks 2 23 for Teaching Children to Read", second edition. 2 24 The assessments recommended shall be thoroughly researched 2 25 and demonstrated to be reliable and valid indicators of 2 26 reading progress. In developing its recommendations, the 2 27 committee shall review the requirements of the federal No 2 28 Child Left Behind Act of 2001, Pub. L. No. 107=110, and any 2 29 federal regulations adopted pursuant to the federal Act, to 2 30 align the committee's recommendations with the requirements of 2 31 the federal Act when possible in order to minimize any 2 32 additional burden the committee's recommendations may place on 2 33 a school district. The committee shall provide a progress 2 34 report to the chairpersons of the house and senate standing 2 35 committees on education, annually until July 1, 2011, and 3 1 biennially thereafter. 3 2 3. The board of directors of each school district shall 3 3 establish a committee composed of stakeholders to develop 3 4 reading instruction programs that meet the requirements of 3 5 this section. The reading instruction programs shall include 3 6 but may not be limited to: 3 7 a. Curriculum using systematic and explicit phonics 3 8 instruction. 3 9 b. Sufficient additional in=school instructional time for 3 10 the acquisition of phonological awareness, reading fluency, 3 11 and alphabetic principle. 3 12 c. Tutorial instruction. 3 13 d. Periodic reassessments to measure the reading skills or 3 14 early literacy development including but not limited to 3 15 phonological awareness, reading fluency, and alphabetic 3 16 principle, as identified in the student's individualized 3 17 reading instruction program. 3 18 e. Additional in=school instructional time during the 3 19 summer. 3 20 4. If the results of assessments administered indicate 3 21 intervention is necessary, the school district shall provide 3 22 written notice to the parent or guardian of the student's Iowa 3 23 grade equivalency and the options available to the parent or 3 24 guardian as provided in subsection 3. A parent or guardian of 3 25 a student shall be included in the development of an 3 26 individualized program of reading instruction for the student. 3 27 5. If the results of assessments administered indicate the 3 28 student is reading above grade level, the school district 3 29 shall provide written notice to the parent or guardian of the 3 30 options available to the parent for enrichment activities for 3 31 the child. 3 32 6. For any grade three student found reading more than one 3 33 year or more below grade level as determined by reading 3 34 assessments administered pursuant to this section, a new 3 35 intensive reading instruction plan, which shall include 4 1 specialized tutoring by the school district, shall be 4 2 developed and implemented. The school district is encouraged 4 3 to provide tutorial instruction in a manner that would 4 4 minimize interference with a student's instructional time in 4 5 the classroom. Tutorial instruction may be offered before or 4 6 after regular school hours. 4 7 7. A school district shall notify a parent or guardian in 4 8 writing of the ability of the parent or guardian to appeal to 4 9 the school board a school's decision to deny promotion of a 4 10 student. The school board shall decide in favor of a 4 11 student's promotion only if the school board concludes, using 4 12 standards adopted by the school board, that if promoted and 4 13 provided with additional or continued interventions, the 4 14 student is likely to perform at grade level. However, a 4 15 school board shall not deny a promotion to a student under the 4 16 provisions of this section more than once. A decision of the 4 17 school board to deny promotion is subject to appeal under 4 18 section 290.1. 4 19 8. The director of the department of education shall 4 20 conduct a review of school district student promotion 4 21 policies, including the number of students in need of 4 22 remediation in reading in kindergarten through grade three, 4 23 and the number of students who successfully completed their 4 24 individualized reading instruction program. The director 4 25 shall evaluate the data reported pursuant to this subsection 4 26 and shall submit a report of the findings and recommendations 4 27 resulting from the review to the general assembly by December 4 28 1, 2009, and biennially thereafter. 4 29 9. The state board of education shall submit its 4 30 recommendations for modifications to this section relating to 4 31 student promotion in a report to the general assembly by 4 32 December 15, 2009. 4 33 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 34 3, shall not apply to this Act. 4 35 Sec. 3. PROMOTION DENIAL APPLICABILITY DATE. Provisions 5 1 relating to promotion of a student in section 279.65, 5 2 subsections 1 and 7, if enacted, are applicable commencing 5 3 with the school year beginning July 1, 2010. 5 4 EXPLANATION 5 5 This bill requires, effective with the school year 5 6 commencing July 1, 2010, that a school district retain a 5 7 student in grade three if, at the completion of grade three, 5 8 the student is more than one year below grade level in reading 5 9 assessments specified by the bill. However, the child shall 5 10 not be retained if it is determined not to be in the child's 5 11 best interest. A student shall not be denied promotion under 5 12 the provisions of the bill more than once. 5 13 Students enrolled in kindergarten through grade three must 5 14 be assessed from the beginning of and throughout the school 5 15 year using ongoing assessments of reading skills or early 5 16 literacy development including phonological awareness, reading 5 17 fluency, and alphabetic principle. The department of 5 18 education is required to establish by rule, and provide each 5 19 school district with, a list of approved reading or early 5 20 literacy development assessments. 5 21 The bill also requires the board of directors of each 5 22 school district to adopt a student promotion policy, establish 5 23 a committee to develop reading instruction programs, provide 5 24 interventions to improve a student's reading skills, and 5 25 notify the parents and guardians of students of the options 5 26 under the school district's reading instruction program. An 5 27 intensive reading instruction plan must be developed and 5 28 implemented by a school district for any grade three student 5 29 who is one year or more below grade level and their tutorial 5 30 instruction may be provided before or after regular school 5 31 hours. 5 32 The school board can decide in favor of a student's 5 33 promotion only if the school board concludes that if promoted 5 34 and provided with additional or continued interventions, the 5 35 student is likely to perform at grade level. 6 1 The bill requires the state board of education to submit 6 2 recommendations for modifications to the student promotion 6 3 Code provisions to the senate and house standing committees on 6 4 education and the joint appropriations subcommittee on 6 5 education by December 1, 2006. 6 6 The bill requires the director of the department of 6 7 education to compose a committee to review and recommend 6 8 reading and early literacy development assessments. The 6 9 director must also conduct a review of school district student 6 10 promotion policies and to submit findings and recommendations 6 11 resulting from the review to the general assembly by December 6 12 15, 2009, and biennially thereafter. 6 13 The bill also requires the state board of education to 6 14 submit recommendations for modifications relating to student 6 15 promotion to the general assembly by December 15, 2009. 6 16 The bill may include a state mandate as defined in Code 6 17 section 25B.3. The bill requires that the state cost of any 6 18 state mandate included in the bill be paid by a school 6 19 district from state school foundation aid received by the 6 20 school district under Code section 257.16. The specification 6 21 is deemed to constitute state compliance with any state 6 22 mandate funding=related requirements of Code section 25B.2. 6 23 The inclusion of this specification is intended to reinstate 6 24 the requirement of political subdivisions to comply with any 6 25 state mandates included in the bill. 6 26 LSB 1934XS 82 6 27 kh:nh/je/5.1
Text: SF84            Text: SF86 Complete Bill History