1 HB220
2 216029-1
3 By Representatives Collins, Baker, Holmes, Faust, Shiver,
4 Meadows, Robertson, Stadthagen, Brown (K), Wood (D), Kiel,
5 Rich, Sorrell, Almond, Dismukes, Fincher, Stringer, Brown (C),
6 Kitchens, Simpson, Moore (P), Clouse, McCutcheon, Ellis,
7 Gaston, Ledbetter, Wood (R), Hanes, South, Lee, Sullivan and
8 Ball
9 RFD: Education Policy
10 First Read: 02-FEB-22
Page 0 1 216029-1:n:01/25/2022:KMS/cmg LSA2021-2671
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8 SYNOPSIS: Under existing law, the Alabama Literacy Act
9 implements steps to improve the reading proficiency
10 of public school kindergarten through third grade
11 students.
12 This bill would provide further for
13 definitions, the membership and duties of the
14 Literacy Task Force, the duties and functioning of
15 the Alabama Committee on Grade Level Reading, and
16 good cause exemptions from retention.
17
18 A BILL
19 TO BE ENTITLED
20 AN ACT
21
22 Relating to the Alabama Literacy Act; to amend
23 Sections 16-6G-2, 16-6G-3, 16-6G-4, and 16-6G-5, Code of
24 Alabama 1975, to provide further for definitions, the
25 membership and duties of the Literacy Task Force, the duties
26 and functioning of the Alabama Committee on Grade Level
27 Reading, and good cause exemptions from retention.
Page 1 1 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2 Section 1. Sections 16-6G-2, 16-6G-3, 16-6G-4, and
3 16-6G-5 of the Code of Alabama 1975, are amended to read as
4 follows:
5 "§16-6G-2.
6 "For the purposes of this chapter, the following
7 terms shall have the following meanings:
8 "(1) ALPHABETIC PRINCIPLE. The ability to accurately
9 apply knowledge of the relationship between letters and sounds
10 during the acts of encoding and decoding.
11 "(2) COMPREHENSION. The ability to read and process
12 text and understand its meaning.
13 "(3) DECODING. The act of applying knowledge of the
14 alphabetic principle to correctly pronounce written words.
15 "(4) DYSLEXIA. A specific learning challenge or
16 disability that is neurological in origin. It is characterized
17 by difficulties with accurate or fluent, or both, word
18 recognition and by poor spelling and decoding abilities, which
19 typically result from a deficit in the phonological component
20 of language that is often unexpected in relation to other
21 cognitive abilities and the provision of effective classroom
22 instruction.
23 "(5) ENCODING. The act and process of using
24 knowledge of the relationships between sounds and letters to
25 spell and write words.
26 "(6) FLUENCY. The ability to read with accuracy,
27 appropriate rate, and proper expression.
Page 2 1 "(7) PHONEMIC AWARENESS. The ability to hear,
2 identify, and manipulate individual sounds. Phonemic awareness
3 is an auditory activity.
4 "(8) PHONICS. The relationships between the letters
5 of written language and the individual sounds of spoken
6 language including syllable types, morphology of Greek and
7 Latin roots, and multisyllabic words.
8 "(9) PHONOLOGICAL AWARENESS. The general
9 understanding of the sound structure of words and sentences.
10 "(10) TASK FORCE. The Literacy Task Force created
11 under Section 16-6G-3.
12 "(10)(11) VOCABULARY. The body of written or oral
13 language known to an individual.
14 "§16-6G-3.
15 "(a) The State Superintendent of Education shall
16 convene a standing task force Literacy Task Force by December
17 1, 2019, to provide recommendations for comprehensive core
18 reading and reading intervention programs, a state continuum
19 of teacher development for approved science of reading
20 pursuant to subsection (e) of Section 16-6G-6, and an annual
21 list of vetted and approved assessments that are valid and
22 reliable reading screening, formative, and diagnostic
23 assessment systems for selection and use by local education
24 agencies. The task force shall meet in regular session at
25 least twice a year and shall function independently. All
26 appointing authorities shall coordinate their appointments so
27 that diversity of gender, race, and geographical areas is
Page 3 1 reflective of the makeup of this state. The membership of the
2 task force shall include all of the following appointees, each
3 of whom shall have at least three years of experience with
4 scientifically based reading instruction:
5 "(1) Two public K-12 teachers appointed by the
6 Executive Director of the Alabama Education Association.
7 "(2) One public K-12 special education teacher
8 appointed by the State Superintendent of Education.
9 "(3) Three Certified Academic Dyslexia Therapists,
10 who have been certified for a minimum of three years,
11 appointed by the Alabama Branch of the International Dyslexia
12 Association.
13 "(4) Two public school principals appointed by the
14 Executive Director of the Council for Leaders in Alabama
15 Schools.
16 "(5) One local superintendent of education appointed
17 by the Executive Director of the School Superintendents of
18 Alabama.
19 "(6) One local board of education member appointed
20 by the Alabama Association of School Boards.
21 "(7) One Regional Education Lab national expert in
22 literacy member appointed by the State Superintendent of
23 Education.
24 "(8) One early childhood educator appointed by the
25 Secretary of the Alabama Department of Early Childhood
26 Education.
Page 4 1 "(9) One dean of a college of education appointed by
2 the Alabama Commission on Higher Education.
3 "(10) Seven additional members, four appointed by
4 the Governor and three by the State Superintendent of
5 Education.
6 "(b) Each approved assessment system shall do all of
7 the following:
8 "(1) Provide screening and diagnostic capabilities
9 for monitoring student progress.
10 "(2) Measure, at a minimum, phonological awareness,
11 oral language, the alphabetic principle, including letter
12 naming, letter sound, and sound letter correspondences,
13 decoding, encoding, accuracy, vocabulary, and comprehension.
14 "(3) Identify students who have a reading
15 deficiency, including identifying students with
16 characteristics of dyslexia.
17 "(c) In determining which assessment systems to
18 approve for use by local education agencies, the task force,
19 at a minimum, shall also consider all of the following
20 factors:
21 "(1) The time required to conduct the assessments,
22 with the intention of minimizing the impact on instructional
23 time.
24 "(2) The level of integration of assessment results
25 with instructional support for teachers and students.
26 "(3) The timeliness in reporting assessment results
27 to teachers, administrators, and parents.
Page 5 1 "§16-6G-4.
2 "(a) Funds appropriated by the Legislature in
3 support of the Alabama Reading Initiative shall be allocated
4 to support and implement, in accordance with this chapter, the
5 following:
6 "(1) Local education agencies to support local
7 reading specialists.
8 "(2) The Alabama Summer Achievement Program.
9 "(3) Regional literacy specialists.
10 "(4) Preservice and inservice teacher professional
11 learning activities for elementary school teachers in reading.
12 "(5) Curricula to support student interventions.
13 "(6) State administration.
14 "(b) Funds dedicated to the Alabama Reading
15 Initiative shall be expended on local and regional reading
16 specialists, professional learning activities, and
17 administrative activities that support all of the following
18 activities for kindergarten through third grade students in
19 public K-12 schools; continued funding shall be contingent on
20 measurable performance growth, as determined by the task force
21 established under subsection (a) of Section 16-6G-3 Alabama
22 Committee on Grade Level Reading created pursuant to Section
23 16-6G-7:
24 "(1) Administration and analysis of reading
25 screening, formative, and diagnostic assessments to guide
26 instruction.
Page 6 1 "(2) Scientifically based reading instruction,
2 multisensory language instruction, including oral language
3 development, phonological awareness, phonics instruction that
4 includes decoding and encoding, fluency, writing, vocabulary,
5 and comprehension, and the Alabama course of study, English
6 Language Arts.
7 "(3) Explicit and systematic instruction with more
8 detailed explanations, more extensive opportunities for guided
9 practice, and more opportunities for error correction and
10 feedback.
11 "(4) Differentiated reading instruction and
12 intensive intervention based on student need, including
13 students exhibiting the characteristics of dyslexia.
14 "(c) Alabama Reading Initiative regional literacy
15 specialists shall provide support to local education agencies
16 through a gradual release model, whereby the regional reading
17 specialist shall support a struggling school until that school
18 has improved core instruction to the extent that it is no
19 longer among the lowest performing five percent in reading of
20 elementary schools in reading proficiency, as determined by
21 annual results of the state summative assessment for federal
22 and statewide accountability.
23 "(1) Regional literacy specialists shall provide
24 intensive support for elementary schools that are among the
25 lowest performing five percent in reading of elementary
26 schools. Each school among the lowest performing five percent
27 performing in reading elementary schools shall be assigned a
Page 7 1 regional literacy specialist who shall serve as a resource for
2 professional development throughout the school to improve
3 literacy instruction and student achievement. A regional
4 literacy specialist who is assigned to a school shall
5 primarily serve only that school.
6 "(2) Elementary schools that are not among the
7 lowest performing five percent performing in reading schools
8 shall receive limited literacy support from an Alabama Reading
9 Initiative regional literacy specialist, who shall be assigned
10 to multiple schools. All other regional literacy specialists
11 shall be assigned to serve multiple elementary schools and
12 shall provide ongoing professional development for teachers in
13 analyzing students' reading data to impact instruction,
14 administering and analyzing instructional assessments,
15 differentiating instruction and intensive intervention, and
16 monitoring the reading progress of all students a minimum of
17 three times per year, and make instruction adjustment
18 recommendations according to student specific need. Distance
19 and need shall be considered by local superintendents of
20 education when selecting the schools where a regional literacy
21 specialist shall serve. There shall be two levels of limited
22 literacy support provided by a regional literacy specialist.
23 The local superintendent of education of a local education
24 agency subject to this subdivision shall determine the level
25 of limited support that each regional literacy specialist
26 shall provide.
Page 8 1 "a. Limited support 1. An Alabama Reading Initiative
2 regional literacy specialist shall make monthly onsite visits
3 to the school and shall monitor the reading progress of all
4 students a minimum of three times per year and adjust
5 instruction according to student specific need.
6 "b. Limited support 2. An Alabama Reading Initiative
7 regional literacy specialist shall make quarterly onsite
8 visits to the school and shall monitor the reading progress of
9 all students a minimum of three times per year and make
10 instruction adjustment recommendations according to student
11 specific need.
12 "(3) An Alabama Reading Initiative regional literacy
13 specialist shall have all of the following minimum
14 qualifications:
15 "a. The required Alabama Professional Educator
16 Certificate.
17 b. A bachelor's degree and advanced coursework or
18 professional development in the science of reading,
19 multisensory language instruction, such as Language Essentials
20 for Teachers of Reading and Spelling, or a comparable
21 alternative training approved by the State Board of Education.
22 "c. A minimum of four years of experience as a
23 successful elementary or literacy teacher.
24 "d. A knowledge of scientifically based reading
25 research, special expertise in quality reading instruction and
26 intervention, dyslexia specific interventions, and data
27 analysis.
Page 9 1 "e. A strong knowledge base in the science of
2 learning to read and the science of early childhood education.
3 "f. Excellent communication skills with outstanding
4 presentation, interpersonal, and time management skills.
5 "(d) An Alabama Reading Initiative local reading
6 specialist shall be assigned to provide intensive, targeted
7 professional development for elementary school teachers at one
8 school.
9 "(1) An Alabama Reading Initiative local reading
10 specialist shall have all of the following minimum
11 qualifications:
12 "a. The required Alabama Professional Educator
13 Certificate.
14 "b. A bachelor's degree and advanced coursework or
15 professional development in the science of reading, such as
16 multisensory language instruction, or comparable alternative
17 training approved by the State Board of Education.
18 "c. A minimum of two years of experience as a
19 successful elementary or literacy teacher.
20 "d. A knowledge of scientifically based reading
21 research, special expertise in quality reading instruction and
22 intervention, dyslexia specific interventions, and data
23 analysis.
24 "e. A strong knowledge base in the science of
25 learning to read and the science of early childhood education.
26 "f. Excellent communication skills with outstanding
27 presentation, interpersonal, and time management skills.
Page 10 1 (2) The duties and responsibilities of an Alabama
2 Reading Initiative local reading specialist shall include all
3 of the following:
4 "a. Collaborating with the principal to create a
5 strategic plan for coaching.
6 "b. Facilitating schoolwide professional development
7 and study groups.
8 "c. Modeling effective reading instructional
9 strategies for teachers.
10 "d. Coaching and mentoring teachers daily.
11 "e. Facilitating data analysis discussions and
12 supporting teachers by using data to differentiate instruction
13 according to the needs of students.
14 "f. Fostering multiple areas of teacher professional
15 learning, including exceptional student education and content
16 area knowledge.
17 "g. Prioritizing time for those teachers,
18 activities, and roles that will have the greatest impact on
19 student reading achievement, such as coaching and mentoring in
20 classrooms.
21 "h. Monitoring the reading progress of all students
22 a minimum of three times per year and making recommendations
23 for adjustment of instruction according to student specific
24 need.
25 "(3) An Alabama Reading Initiative local reading
26 specialist may not perform administrative functions such as
Page 11 1 serving as an evaluator, substitute teacher, assessment
2 coordinator, or school administrator.
3 "(e) The State Superintendent of Education and local
4 education agencies shall monitor the implementation and
5 effectiveness of the Alabama Reading Initiative regional
6 literacy specialist and local reading specialist model, and
7 the State Superintendent of Education and each local education
8 agency being served by a regional literacy specialist or a
9 local reading specialist shall maintain communication among
10 the district, school administration, and the Alabama Reading
11 Initiative state administration staff throughout the academic
12 year.
13 "(1) The State Superintendent of Education, or his
14 or her designee, shall certify that each Alabama Reading
15 Initiative regional literacy specialist or local reading
16 specialist satisfies the minimum qualifications provided by
17 this chapter before coaches are hired with funds appropriated
18 by the Legislature to support the Alabama Reading Initiative.
19 "(2) The State Superintendent of Education shall
20 develop an evidence-based accountability reporting system for
21 the Alabama Reading Initiative that shall measure student
22 growth and proficiency towards teacher professional learning
23 goals and student performance on state-approved formative and
24 summative assessments and shall specify the number of
25 teachers, administrators, other personnel at each school and
26 local education agency who have started or completed an
Page 12 1 approved training program in the science of reading, and the
2 name of the training program.
3 "(3) The State Superintendent of Education shall
4 submit a report to the Governor, the Lieutenant Governor, the
5 Speaker of the House of Representatives, the President Pro
6 Tempore of the Senate, and the Chairs of the House Ways and
7 Means Education Committee, Senate Finance and Taxation
8 Education Committee, House Education Policy Committee, and
9 Senate Education Policy Committee, the task force, and the
10 Alabama Committee on Grade Level Reading created pursuant to
11 Section 16-6G-7, no later than December 31, annually, on the
12 status of teacher professional learning, student growth and
13 proficiency against grade level standards in K-3 reading.
14 "§16-6G-5.
15 "(a) To ensure that public school students are able
16 to read at or above grade level by the end of third grade,
17 each local education agency shall offer a comprehensive core
18 reading program to all students based on the science of
19 reading which develops foundational reading skills. In
20 addition, no school district may use any curriculum for public
21 K-3 students that does not have instructional time included.
22 Commencing with the 2022-2023 school year, elementary schools
23 that are among the lowest performing five percent in reading
24 proficiency shall purchase core reading programs that fully
25 align to the science of reading and are recommended by the
26 task force.
Page 13 1 "(b) Based on the results of the reading assessment
2 in Section 16-6G-3, each K-3 student who exhibits a reading
3 deficiency, or the characteristics of dyslexia, shall be
4 provided an appropriate reading intervention program to
5 address his or her specific deficiencies. Additionally,
6 students shall be evaluated after every grading period and, if
7 a student is determined to have a reading deficiency, the
8 school shall provide the student with additional tutorial
9 support. The State Superintendent of Education task force
10 shall provide a list of vetted and approved comprehensive
11 reading and intervention programs with the advice of the task
12 force established under subsection (a) of Section 16-6G-3. The
13 intervention program shall be provided in addition to the
14 comprehensive core reading instruction that is provided to all
15 students in the general education classroom. Dyslexia specific
16 intervention, as defined by rule of the State Board of
17 Education, shall be provided to students who have the
18 characteristics of dyslexia and all struggling readers. The
19 reading intervention program shall do all of the following:
20 "(1) Provide explicit, direct instruction that is
21 systematic, sequential, and cumulative in language
22 development, phonological awareness, phonics, fluency,
23 vocabulary, and comprehension, as applicable.
24 "(2) Provide daily targeted small group reading
25 interventions based on student need in phonological awareness,
26 phonics including decoding and encoding, sight words,
27 vocabulary, or comprehension.
Page 14 1 "(3) Be implemented during regular school hours.
2 "(c) The parent or legal guardian of any K-3 student
3 who exhibits a consistent deficiency in letter naming fluency,
4 letter sound fluency, nonsense word reading, sight words, oral
5 reading accuracy, vocabulary, or comprehension at any time
6 during the school year shall be notified in writing no later
7 than 15 school days after the identification. The written
8 notification shall include all of the following:
9 "(1) A statement that the student has been
10 identified as having a deficiency in reading or exhibits the
11 characteristics of dyslexia, and that a reading improvement
12 plan shall be developed by the teacher, principal, other
13 pertinent school personnel, and the parent or legal guardian.
14 "(2) A description of the current services that are
15 provided to the student.
16 "(3) A description of the proposed evidence-based
17 reading interventions and supplemental instructional services
18 and supports that shall be proposed for discussion while
19 establishing the student's reading improvement plan as
20 provided in subsection (d).
21 "(4) Notification that the parent or legal guardian
22 shall be informed in writing at least monthly of the progress
23 of the student towards grade level reading.
24 "(5) Strategies and resources for the parent or
25 legal guardian to use at home to help the student succeed in
26 reading.
Page 15 1 "(6) A statement that if the reading deficiency of
2 the student is not addressed by the end of third grade, the
3 student will not be promoted to fourth grade unless a good
4 cause exemption is satisfied.
5 "(7) A statement that while the statewide reading
6 assessment is the initial determinant for promotion, the
7 assessment is not the sole determiner at the end of third
8 grade. Additionally, students shall be provided with a
9 test-based student portfolio option and an alternative a
10 supplemental reading assessment option to demonstrate
11 sufficient reading skills for promotion to fourth grade.
12 "(d) Any K-3 student who exhibits a reading
13 deficiency at any time, as provided in subsection (b), shall
14 receive an individual reading improvement plan no later than
15 30 days after the identification of the reading deficiency.
16 "(1) The reading improvement plan shall be created
17 by the teacher, principal, other pertinent school personnel,
18 and the parent or legal guardian of the student, and shall
19 describe the evidence-based reading intervention services,
20 including dyslexia specific intervention services, that the
21 student shall receive to improve the reading deficit.
22 "(2) Each identified student shall receive intensive
23 reading intervention until the student no longer has a
24 deficiency in reading, as determined by a State Board of
25 Education approved reading assessment.
26 "(3) Funds allocated to procuring curricula for
27 student interventions pursuant to subdivision (5) of
Page 16 1 subsection (a) of Section 16-6G-4 shall be divided, based on a
2 per pupil allocation determined by the number of students of
3 each local education agency who are not proficient on a state
4 approved reading assessment during the prior academic year,
5 and distributed by the State Superintendent of Education.
6 "(e) Each local education agency shall provide
7 summer reading camps to all K-3 students identified with a
8 reading deficiency as described in subsection (b).
9 "(1) Summer reading camps shall be staffed with
10 highly effective teachers of reading as demonstrated by
11 student reading performance data, completion of multisensory
12 structured language education, and teacher performance
13 evaluations.
14 "(2) The highly effective teacher of reading shall
15 provide direct, explicit, and systematic reading intervention
16 services and supports to improve any identified area of
17 reading deficiency.
18 "(3) Summer reading camps, at a minimum, shall
19 include 70 at least 60 hours of time in scientifically based
20 reading instruction and intervention.
21 "(4) A State Board of Education approved reading
22 assessment system shall be administered at the beginning and
23 end of the summer reading camp to measure student progress.
24 "(5) Summer reading camps may be held in conjunction
25 with existing summer programs in the school district or in
26 partnership with community-based summer programs, designated
27 as effective by the State Superintendent of Education and the
Page 17 1 task force established under subsection (a) of Section
2 16-6G-3.
3 "(f) The Alabama Summer Achievement Program is
4 established and shall be available to all K-3 students in
5 public elementary schools that are among the lowest performing
6 five percent in reading of elementary schools.
7 "(1) The program shall be administered and funded by
8 the allocation provided in subdivision (2) of subsection (a)
9 of Section 16-6G-4.
10 "(2) Funds allocated to the program in excess of the
11 amount needed to fully fund summer programs in public
12 elementary schools that are among the lowest performing five
13 percent performing in reading schools shall be divided, based
14 on a per pupil allocation, and distributed by the State
15 Superintendent of Education, to support high quality summer
16 camps at elementary schools that are not among the lowest
17 performing five percent performing in reading elementary
18 schools. The State Superintendent of Education shall award the
19 funds to each local education agency based on the number of
20 students who scored deficient, as determined by the task force
21 established under subsection (a) of Section 16-6G-3, on a
22 state-approved reading assessment used to determine reading
23 proficiency during the administration of the assessment during
24 the preceding academic year.
25 "(3) The State Superintendent of Education shall
26 provide guidelines for the administration of the Alabama
Page 18 1 Summer Achievement Program, and shall oversee all of the
2 following:
3 "a. The administration of the Alabama Summer
4 Achievement Program in the lowest performing five percent
5 performing in reading elementary schools.
6 "b. The response to instruction process in the
7 lowest performing five percent performing in reading
8 elementary schools.
9 "c. The Alabama Reading Initiative regional literacy
10 specialists and local reading specialists.
11 "d. All other aspects of implementation of this
12 chapter including, but not limited to, collaboration among
13 State Department of Education staff and the task force
14 established under subsection (a) of Section 16-6G-3 to improve
15 the reading proficiency of public K-3 students and
16 implementation of rules adopted by the State Board of
17 Education.
18 "e. The implementation of rules adopted by the State
19 Board of Education pertaining to dyslexia.
20 "f. Collaboration with the Alabama Reading
21 Initiative state staff and the Alabama Department of Early
22 Childhood Education for appropriate professional learning
23 approved by the State Department of Education Alabama
24 Committee on Grade Level Reading created pursuant to Section
25 16-6G-7.
26 "g. The development of guidelines for identifying
27 the characteristics of dyslexia.
Page 19 1 "(g) Any incoming third grade student identified
2 with a reading deficiency shall be provided more intensified
3 reading interventions to improve his or her specific reading
4 deficiency. Reading intervention services shall include
5 effective instructional strategies to accelerate student
6 progress. Each local education agency shall conduct a review
7 of student reading improvement plans for all incoming third
8 grade students identified with a reading deficiency. The
9 review shall address additional supports and services, as
10 described in this section, necessary to improve any identified
11 area of reading deficiency. The local education agency shall
12 provide all of the following services for third grade students
13 identified with a reading deficiency, and those services may
14 be funded with funds received through the allocation provided
15 in subdivision (2) of subsection (a) of Section 16-6G-4:
16 "(1) An effective or highly effective teacher of
17 reading as demonstrated by student reading performance data
18 and teacher performance evaluations.
19 "(2) Reading intervention services and supports to
20 improve any identified area of reading deficiency including,
21 but not limited to, all of the following:
22 "a. Additional instructional time devoted to
23 scientifically based and evidence based reading instruction
24 and intervention.
25 "b. The use of evidence based reading strategies or
26 programs, or both, that have been vetted and approved by the
27 State Superintendent of Education and the task force
Page 20 1 established under subsection (a) of Section 16-6G-3, that have
2 demonstrated proven results in accelerating student reading
3 achievement within the same school year.
4 "c. Daily targeted small group reading intervention
5 based on student need.
6 "d. Explicit and systematic instruction with more
7 detailed explanations, more extensive opportunities for guided
8 practice, and more opportunities for error correction and
9 feedback.
10 "e. Frequent monitoring of the progress of the
11 reading skills of each student throughout the school year and
12 adjusting instruction according to student need.
13 "(3) Before school or after school, or both,
14 supplemental evidence-based reading intervention delivered by
15 a teacher or tutor with specialized reading training.
16 "(4) A read at home plan, including participation in
17 parent training workshops or regular parent guided home
18 reading activities.
19 "(h) Commencing with the 2021-2022 2022-2023 school
20 year, third grade students shall demonstrate sufficient
21 reading skills for promotion to fourth grade. Students shall
22 be provided all of the following options to demonstrate
23 sufficient reading skills for promotion to fourth grade, and
24 the State Superintendent of Education shall provide guidelines
25 for the implementation of this subsection:
26 "(1) Scoring above the lowest achievement level cut
27 score, as determined by rule of the State Board of Education,
Page 21 1 on a board-approved assessment in reading as provided in
2 Section 16-6G-3.
3 "(2) Earning an acceptable score on an alternative a
4 supplemental standardized reading assessment as determined and
5 approved by the State Superintendent of Education State Board
6 of Education.
7 "(3) Demonstrating mastery of third grade minimum
8 essential state reading standards as evidenced by a student
9 reading portfolio. The State Superintendent of Education and
10 the task force established under subsection (a) of Section
11 16-6G-3 shall establish criteria for minimum essential
12 standards and the student reading portfolios and a definition
13 of what constitutes mastery of all third grade state reading
14 standards.
15 "(i) If a student does not demonstrate sufficient
16 reading skills on one of the three options listed in
17 subsection (h) and does not qualify for a good cause
18 exemption, the student may not be promoted to fourth grade.
19 Students with disabilities whose Individual Education Plan
20 indicates that participation in the statewide assessment
21 program is not appropriate, consistent with state law, are
22 automatically exempt from the three options listed in
23 subsection (h).
24 "(j) A local education agency may only exempt
25 students from mandatory retention, as provided in subsection
26 (i), for good cause. A student who is promoted to fourth grade
27 with a good cause exemption shall continue to receive
Page 22 1 intensive reading intervention that includes specific reading
2 strategies prescribed in the individual reading improvement
3 plan of the student until the deficiency is improved. The
4 local education agency shall assist schools and teachers with
5 the implementation of reading strategies that research has
6 shown to be successful in improving reading among students
7 with reading difficulties. Good cause exemptions shall be
8 limited to the following:
9 "(1) Students with disabilities whose Individual
10 Education Plan indicates that participation in the statewide
11 assessment program is not appropriate, consistent with state
12 law.
13 "(2)(1) Students identified as English language
14 learners who have had less than two three years of instruction
15 in English as a second language.
16 "(3)(2) Students with disabilities who participate
17 in the statewide English language arts reading assessment and
18 who have an Individual Education Plan or a Section 504 plan
19 that reflects that the student has received intensive reading
20 intervention for more than two years and who still
21 demonstrates a deficiency in reading and or was previously
22 retained in kindergarten, first grade, second grade, or third
23 grade.
24 "(4)(3) Students who have received intensive reading
25 intervention for two or more years and who still demonstrate a
26 deficiency in reading and who were previously retained in
27 kindergarten, first grade, or second grade, or third grade for
Page 23 1 a total of two years. No student shall be retained more than
2 once in the third grade.
3 "(k) No student shall be retained more than twice in
4 kindergarten through third grade.
5 "(l) A request to exempt a student from the
6 mandatory retention requirement using one of the good cause
7 exemptions listed in subsection (j) shall be made consistent
8 with the following:
9 "(1) Documentation shall be submitted to the school
10 principal from the teacher of the student that indicates that
11 the promotion of the student is appropriate. Documentation
12 shall include a statement identifying which good cause
13 exemption is requested, as well as the existing reading
14 improvement plan or Individual Education Plan of the student,
15 as applicable.
16 "(2) The school principal shall review the
17 recommendation of the teacher, determine if the student meets
18 one of the good cause exemptions, and shall make his or her
19 determination in writing to the local superintendent of
20 education. The local superintendent of education, in writing,
21 shall approve or reject the recommendation of the school
22 principal.
23 "(3) The local education agency shall assist schools
24 under its jurisdiction in providing written notification to
25 the parent of any student who is retained in third grade for
26 not achieving the reading level required for promotion. Notice
27 shall clearly state the reasons why the student is not
Page 24 1 eligible for a good cause exemption and shall include a
2 description of the proposed interventions and supports that
3 shall be provided to the student to improve any identified
4 area of reading deficiency during the retained year.
5 "(4) There shall be established at each school, as
6 applicable, an intensive acceleration for any student retained
7 in third grade. In addition to the criteria established in
8 subdivisions (1) to (4), inclusive, of subsection (g), the
9 intensive acceleration shall be taught by a highly effective
10 teacher of reading who has received training in the science of
11 reading and multisensory language instruction, as demonstrated
12 by student reading performance data and teacher performance
13 evaluations; shall have a reduced teacher-student ratio; and
14 shall provide explicit and systematic reading instruction and
15 intervention for the majority of student contact time each
16 day.
17 "(m) Annually, on or before September 30, each local
18 education agency shall report in writing to the State
19 Superintendent of Education the following information on the
20 previous school year:
21 "(1) By grade, the number and percentage of all K-3
22 students identified with a reading deficiency on a State
23 Department of Education approved reading assessment.
24 "(2) By grade, the number and percentage of students
25 screened for dyslexia characteristics, the number and
26 percentage of students identified as demonstrating the
27 characteristics of dyslexia and receiving dyslexia specific
Page 25 1 intervention, and the name of the dyslexia specific
2 intervention being provided.
3 "(3) By grade, the number and percentage of all K-3
4 students performing on grade level or above on a State Board
5 of Education approved reading assessment.
6 "(4) The total number and percentage of students
7 starting third grade with a reading deficiency, which shall
8 include the specific area of reading deficiency.
9 "(5) The total number and percentage of third grade
10 students who started third grade with a reading deficiency but
11 completed third grade on grade level as determined by the
12 third grade state standardized assessment in reading.
13 "(6) By grade, the total number and percentage of
14 eligible K-3 students who attended the Alabama Summer
15 Achievement Program or other mandatory summer reading camp.
16 "(7) By grade, pre- and post-Alabama Summer
17 Achievement Program reading assessment scores and other
18 mandatory summer camp data.
19 "(8) By grade, the number and percentage of all
20 students retained in grades K-3.
21 "(9) The total number and percentage of students in
22 third grade who demonstrated sufficient reading skills for
23 promotion on the alternative reading assessment.
24 "(10) The total number and percentage of students in
25 third grade who were promoted for good cause, by each category
26 of good cause specified in subsection (j).
Page 26 1 "(11) In succeeding years, the performance of
2 students promoted with a good cause on the state standardized
3 assessment in reading.
4 "(12) By school, the number of teachers who are
5 participating in or have completed professional development in
6 the science of reading and who hold advanced certifications in
7 those areas.
8 "(13) By school, the number of teachers who have
9 completed training in dyslexia awareness, multisensory
10 strategies, and satisfy the definition of a dyslexia
11 interventionist as defined by rule of the State Board of
12 Education.
13 "(n) The State Superintendent of Education shall
14 establish a uniform format for local school systems to use in
15 reporting the information required by subsection (m). The
16 format shall be developed with input from local education
17 agencies and shall be provided to each local education agency
18 no later than 90 days before the annual due date. Annually, on
19 or before December 1, the State Superintendent of Education
20 shall compile the information received from the local
21 education agencies into state level summary information and
22 report the information to the State Board of Education, the
23 public, the Governor, the Lieutenant Governor, the President
24 Pro Tempore of the Senate, the Speaker of the House of
25 Representatives, and the Chairs of the House Ways and Means
26 Education Committee and Senate Finance and Taxation Education
Page 27 1 Committee, the task force, and the Alabama Committee on Grade
2 Level Reading created pursuant to Section 16-6G-7.
3 "(1) The State Superintendent of Education and the
4 task force established under subsection (a) of Section 16-6G-3
5 Alabama Committee on Grade Level Reading created pursuant to
6 Section 16-6G-7 shall establish annual reading growth and
7 proficiency targets based on the information required to be
8 reported to the superintendent in subsection (m).
9 "(2) Of the funds allocated to the Alabama Reading
10 Initiative pursuant to subdivision (6) of subsection (a) of
11 Section 16-6G-4 for state administration, the State
12 Superintendent of Education may allocate such sums as he or
13 she deems appropriate to establish an Alabama Reading
14 Initiative Incentive Program that shall distribute monetary
15 incentives to schools based on a formula, approved by the
16 State Superintendent of Education with the Alabama Committee
17 on Grade Level Reading created in Section 16-6G-7, that shall
18 factor the size and geography of the school, reading growth
19 and proficiency, and the composition of student subgroups."
20 Section 2. This act shall become effective
21 immediately following its passage and approval by the
22 Governor, or its otherwise becoming law.
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