1 SB200
2 215066-3
3 By Senators Smitherman, Coleman-Madison, Hatcher, Figures and
4 Singleton
5 RFD: Education Policy
6 First Read: 09-FEB-22
Page 0 1 SB200
2
3
4 ENGROSSED
5
6
7 A BILL
8 TO BE ENTITLED
9 AN ACT
10
11 Relating to the Alabama Literacy Act; to amend
12 Section 16-6G-5, Code of Alabama 1975, to postpone
13 implementation of the third grade retention requirement.
14 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
15 Section 1. Section 16-6G-5 of the Code of Alabama
16 1975, is amended to read as follows:
17 "ยง16-6G-5.
18 "(a) To ensure that public school students are able
19 to read at or above grade level by the end of third grade,
20 each local education agency shall offer a comprehensive core
21 reading program to all students based on the science of
22 reading which develops foundational reading skills. In
23 addition, no school district may use any curriculum for public
24 K-3 students that does not have instructional time included.
25 "(b) Based on the results of the reading assessment
26 in Section 16-6G-3, each K-3 student who exhibits a reading
27 deficiency, or the characteristics of dyslexia, shall be
Page 1 1 provided an appropriate reading intervention program to
2 address his or her specific deficiencies. Additionally,
3 students shall be evaluated after every grading period and, if
4 a student is determined to have a reading deficiency, the
5 school shall provide the student with additional tutorial
6 support. The State Superintendent of Education shall provide a
7 list of vetted and approved comprehensive reading and
8 intervention programs with the advice of the task force
9 established under subsection (a) of Section 16-6G-3. The
10 intervention program shall be provided in addition to the
11 comprehensive core reading instruction that is provided to all
12 students in the general education classroom. Dyslexia specific
13 intervention, as defined by rule of the State Board of
14 Education, shall be provided to students who have the
15 characteristics of dyslexia and all struggling readers. The
16 reading intervention program shall do all of the following:
17 "(1) Provide explicit, direct instruction that is
18 systematic, sequential, and cumulative in language
19 development, phonological awareness, phonics, fluency,
20 vocabulary, and comprehension, as applicable.
21 "(2) Provide daily targeted small group reading
22 interventions based on student need in phonological awareness,
23 phonics including decoding and encoding, sight words,
24 vocabulary, or comprehension.
25 "(3) Be implemented during regular school hours.
26 "(c) The parent or legal guardian of any K-3 student
27 who exhibits a consistent deficiency in letter naming fluency,
Page 2 1 letter sound fluency, nonsense word reading, sight words, oral
2 reading accuracy, vocabulary, or comprehension at any time
3 during the school year shall be notified in writing no later
4 than 15 school days after the identification. The written
5 notification shall include all of the following:
6 "(1) A statement that the student has been
7 identified as having a deficiency in reading or exhibits the
8 characteristics of dyslexia, and that a reading improvement
9 plan shall be developed by the teacher, principal, other
10 pertinent school personnel, and the parent or legal guardian.
11 "(2) A description of the current services that are
12 provided to the student.
13 "(3) A description of the proposed evidence-based
14 reading interventions and supplemental instructional services
15 and supports that shall be proposed for discussion while
16 establishing the student's reading improvement plan as
17 provided in subsection (d).
18 "(4) Notification that the parent or legal guardian
19 shall be informed in writing at least monthly of the progress
20 of the student towards grade level reading.
21 "(5) Strategies and resources for the parent or
22 legal guardian to use at home to help the student succeed in
23 reading.
24 "(6) A statement that if the reading deficiency of
25 the student is not addressed by the end of third grade, the
26 student will not be promoted to fourth grade unless a good
27 cause exemption is satisfied.
Page 3 1 "(7) A statement that while the statewide reading
2 assessment is the initial determinant for promotion, the
3 assessment is not the sole determiner at the end of third
4 grade. Additionally, students shall be provided with a
5 test-based student portfolio option and an alternative reading
6 assessment option to demonstrate sufficient reading skills for
7 promotion to fourth grade.
8 "(d) Any K-3 student who exhibits a reading
9 deficiency at any time, as provided in subsection (b), shall
10 receive an individual reading improvement plan no later than
11 30 days after the identification of the reading deficiency.
12 "(1) The reading improvement plan shall be created
13 by the teacher, principal, other pertinent school personnel,
14 and the parent or legal guardian of the student, and shall
15 describe the evidence-based reading intervention services,
16 including dyslexia specific intervention services, that the
17 student shall receive to improve the reading deficit.
18 "(2) Each identified student shall receive intensive
19 reading intervention until the student no longer has a
20 deficiency in reading, as determined by a State Board of
21 Education approved reading assessment.
22 "(3) Funds allocated to procuring curricula for
23 student interventions pursuant to subdivision (5) of
24 subsection (a) of Section 16-6G-4 shall be divided, based on a
25 per pupil allocation determined by the number of students of
26 each local education agency who are not proficient on a state
Page 4 1 approved reading assessment during the prior academic year,
2 and distributed by the State Superintendent of Education.
3 "(e) Each local education agency shall provide
4 summer reading camps to all K-3 students identified with a
5 reading deficiency as described in subsection (b).
6 "(1) Summer reading camps shall be staffed with
7 highly effective teachers of reading as demonstrated by
8 student reading performance data, completion of multisensory
9 structured language education, and teacher performance
10 evaluations.
11 "(2) The highly effective teacher of reading shall
12 provide direct, explicit, and systematic reading intervention
13 services and supports to improve any identified area of
14 reading deficiency.
15 "(3) Summer reading camps, at a minimum, shall
16 include 70 hours of time in scientifically based reading
17 instruction and intervention.
18 "(4) A State Board of Education approved reading
19 assessment system shall be administered at the beginning and
20 end of the summer reading camp to measure student progress.
21 "(5) Summer reading camps may be held in conjunction
22 with existing summer programs in the school district or in
23 partnership with community-based summer programs, designated
24 as effective by the State Superintendent of Education and the
25 task force established under subsection (a) of Section
26 16-6G-3.
Page 5 1 "(f) The Alabama Summer Achievement Program is
2 established and shall be available to all K-3 students in
3 public elementary schools that are among the lowest performing
4 five percent of elementary schools.
5 "(1) The program shall be administered and funded by
6 the allocation provided in subdivision (2) of subsection (a)
7 of Section 16-6G-4.
8 "(2) Funds allocated to the program in excess of the
9 amount needed to fully fund summer programs in public
10 elementary schools that are among the lowest five percent
11 performing schools shall be divided, based on a per pupil
12 allocation, and distributed by the State Superintendent of
13 Education, to support high quality summer camps at elementary
14 schools that are not among the lowest five percent performing
15 elementary schools. The State Superintendent of Education
16 shall award the funds to each local education agency based on
17 the number of students who scored deficient, as determined by
18 the task force established under subsection (a) of Section
19 16-6G-3, on a state-approved reading assessment used to
20 determine reading proficiency during the administration of the
21 assessment during the preceding academic year.
22 "(3) The State Superintendent of Education shall
23 provide guidelines for the administration of the Alabama
24 Summer Achievement Program, and shall oversee all of the
25 following:
Page 6 1 "a. The administration of the Alabama Summer
2 Achievement Program in the lowest five percent performing
3 elementary schools.
4 "b. The response to instruction process in the
5 lowest five percent performing elementary schools.
6 "c. The Alabama Reading Initiative regional literacy
7 specialists and local reading specialists.
8 "d. All other aspects of implementation of this
9 chapter including, but not limited to, collaboration among
10 State Department of Education staff and the task force
11 established under subsection (a) of Section 16-6G-3 to improve
12 the reading proficiency of public K-3 students and
13 implementation of rules adopted by the State Board of
14 Education.
15 "e. The implementation of rules adopted by the State
16 Board of Education pertaining to dyslexia.
17 "f. Collaboration with the Alabama Reading
18 Initiative state staff and the Alabama Department of Early
19 Childhood Education for appropriate professional learning
20 approved by the State Department of Education.
21 "g. The development of guidelines for identifying
22 the characteristics of dyslexia.
23 "(g) Any incoming third grade student identified
24 with a reading deficiency shall be provided more intensified
25 reading interventions to improve his or her specific reading
26 deficiency. Reading intervention services shall include
27 effective instructional strategies to accelerate student
Page 7 1 progress. Each local education agency shall conduct a review
2 of student reading improvement plans for all incoming third
3 grade students identified with a reading deficiency. The
4 review shall address additional supports and services, as
5 described in this section, necessary to improve any identified
6 area of reading deficiency. The local education agency shall
7 provide all of the following services for third grade students
8 identified with a reading deficiency, and those services may
9 be funded with funds received through the allocation provided
10 in subdivision (2) of subsection (a) of Section 16-6G-4:
11 "(1) An effective or highly effective teacher of
12 reading as demonstrated by student reading performance data
13 and teacher performance evaluations.
14 "(2) Reading intervention services and supports to
15 improve any identified area of reading deficiency including,
16 but not limited to, all of the following:
17 "a. Additional instructional time devoted to
18 scientifically based and evidence based reading instruction
19 and intervention.
20 "b. The use of evidence based reading strategies or
21 programs, or both, that have been vetted and approved by the
22 State Superintendent of Education and the task force
23 established under subsection (a) of Section 16-6G-3, that have
24 demonstrated proven results in accelerating student reading
25 achievement within the same school year.
26 "c. Daily targeted small group reading intervention
27 based on student need.
Page 8 1 "d. Explicit and systematic instruction with more
2 detailed explanations, more extensive opportunities for guided
3 practice, and more opportunities for error correction and
4 feedback.
5 "e. Frequent monitoring of the progress of the
6 reading skills of each student throughout the school year and
7 adjusting instruction according to student need.
8 "(3) Before school or after school, or both,
9 supplemental evidence-based reading intervention delivered by
10 a teacher or tutor with specialized reading training.
11 "(4) A read at home plan, including participation in
12 parent training workshops or regular parent guided home
13 reading activities.
14 "(h) Commencing with the 2021-2022 2023-2024 school
15 year, third grade students shall demonstrate sufficient
16 reading skills for promotion to fourth grade. Students shall
17 be provided all of the following options to demonstrate
18 sufficient reading skills for promotion to fourth grade, and
19 the State Superintendent of Education shall provide guidelines
20 for the implementation of this subsection:
21 "(1) Scoring above the lowest achievement level, as
22 determined by rule of the State Board of Education, on a
23 board-approved assessment in reading as provided in Section
24 16-6G-3.
25 "(2) Earning an acceptable score on an alternative
26 standardized reading assessment as determined and approved by
27 the State Superintendent of Education.
Page 9 1 "(3) Demonstrating mastery of third grade minimum
2 essential state reading standards as evidenced by a student
3 reading portfolio. The State Superintendent of Education and
4 the task force established under subsection (a) of Section
5 16-6G-3 shall establish criteria for minimum essential
6 standards and the student reading portfolios and a definition
7 of what constitutes mastery of all third grade state reading
8 standards.
9 "(i) If a student does not demonstrate sufficient
10 reading skills on one of the three options listed in
11 subsection (h) and does not qualify for a good cause
12 exemption, the student may not be promoted to fourth grade.
13 "(j) A local education agency may only exempt
14 students from mandatory retention, as provided in subsection
15 (i), for good cause. A student who is promoted to fourth grade
16 with a good cause exemption shall continue to receive
17 intensive reading intervention that includes specific reading
18 strategies prescribed in the individual reading improvement
19 plan of the student until the deficiency is improved. The
20 local education agency shall assist schools and teachers with
21 the implementation of reading strategies that research has
22 shown to be successful in improving reading among students
23 with reading difficulties. Good cause exemptions shall be
24 limited to the following:
25 "(1) Students with disabilities whose Individual
26 Education Plan indicates that participation in the statewide
Page 10 1 assessment program is not appropriate, consistent with state
2 law.
3 "(2) Students identified as English language
4 learners who have had less than two years of instruction in
5 English as a second language.
6 "(3) Students with disabilities who participate in
7 the statewide English language arts reading assessment and who
8 have an Individual Education Plan or a Section 504 plan that
9 reflects that the student has received intensive reading
10 intervention for more than two years and who still
11 demonstrates a deficiency in reading and was previously
12 retained in kindergarten, first grade, second grade, or third
13 grade.
14 "(4) Students who have received intensive reading
15 intervention for two or more years and who still demonstrate a
16 deficiency in reading and who were previously retained in
17 kindergarten, first grade, second grade, or third grade for a
18 total of two years.
19 "(k) No student shall be retained more than twice in
20 kindergarten through third grade.
21 "(l) A request to exempt a student from the
22 mandatory retention requirement using one of the good cause
23 exemptions listed in subsection (j) shall be made consistent
24 with the following:
25 "(1) Documentation shall be submitted to the school
26 principal from the teacher of the student that indicates that
27 the promotion of the student is appropriate. Documentation
Page 11 1 shall include a statement identifying which good cause
2 exemption is requested, as well as the existing reading
3 improvement plan or Individual Education Plan of the student,
4 as applicable.
5 "(2) The school principal shall review the
6 recommendation of the teacher, determine if the student meets
7 one of the good cause exemptions, and shall make his or her
8 determination in writing to the local superintendent of
9 education. The local superintendent of education, in writing,
10 shall approve or reject the recommendation of the school
11 principal.
12 "(3) The local education agency shall assist schools
13 under its jurisdiction in providing written notification to
14 the parent of any student who is retained in third grade for
15 not achieving the reading level required for promotion. Notice
16 shall clearly state the reasons why the student is not
17 eligible for a good cause exemption and shall include a
18 description of the proposed interventions and supports that
19 shall be provided to the student to improve any identified
20 area of reading deficiency during the retained year.
21 "(4) There shall be established at each school, as
22 applicable, an intensive acceleration for any student retained
23 in third grade. In addition to the criteria established in
24 subdivisions (1) to (4), inclusive, of subsection (g), the
25 intensive acceleration shall be taught by a highly effective
26 teacher of reading who has received training in the science of
27 reading and multisensory language instruction, as demonstrated
Page 12 1 by student reading performance data and teacher performance
2 evaluations; shall have a reduced teacher-student ratio; and
3 shall provide explicit and systematic reading instruction and
4 intervention for the majority of student contact time each
5 day.
6 "(m) Annually, on or before September 30, each local
7 education agency shall report in writing to the State
8 Superintendent of Education the following information on the
9 previous school year:
10 "(1) By grade, the number and percentage of all K-3
11 students identified with a reading deficiency on a State
12 Department of Education approved reading assessment.
13 "(2) By grade, the number and percentage of students
14 screened for dyslexia characteristics, the number and
15 percentage of students identified as demonstrating the
16 characteristics of dyslexia and receiving dyslexia specific
17 intervention, and the name of the dyslexia specific
18 intervention being provided.
19 "(3) By grade, the number and percentage of all K-3
20 students performing on grade level or above on a State Board
21 of Education approved reading assessment.
22 "(4) The total number and percentage of students
23 starting third grade with a reading deficiency, which shall
24 include the specific area of reading deficiency.
25 "(5) The total number and percentage of third grade
26 students who started third grade with a reading deficiency but
Page 13 1 completed third grade on grade level as determined by the
2 third grade state standardized assessment in reading.
3 "(6) By grade, the total number and percentage of
4 eligible K-3 students who attended the Alabama Summer
5 Achievement Program or other mandatory summer reading camp.
6 "(7) By grade, pre- and post-Alabama Summer
7 Achievement Program reading assessment scores and other
8 mandatory summer camp data.
9 "(8) By grade, the number and percentage of all
10 students retained in grades K-3.
11 "(9) The total number and percentage of students in
12 third grade who demonstrated sufficient reading skills for
13 promotion on the alternative reading assessment.
14 "(10) The total number and percentage of students in
15 third grade who were promoted for good cause, by each category
16 of good cause specified in subsection (j).
17 "(11) In succeeding years, the performance of
18 students promoted with a good cause on the state standardized
19 assessment in reading.
20 "(12) By school, the number of teachers who are
21 participating in or have completed professional development in
22 the science of reading and who hold advanced certifications in
23 those areas.
24 "(13) By school, the number of teachers who have
25 completed training in dyslexia awareness, multisensory
26 strategies, and satisfy the definition of a dyslexia
Page 14 1 interventionist as defined by rule of the State Board of
2 Education.
3 "(n) The State Superintendent of Education shall
4 establish a uniform format for local school systems to use in
5 reporting the information required by subsection (m). The
6 format shall be developed with input from local education
7 agencies and shall be provided to each local education agency
8 no later than 90 days before the annual due date. Annually, on
9 or before December 1, the State Superintendent of Education
10 shall compile the information received from the local
11 education agencies into state level summary information and
12 report the information to the State Board of Education, the
13 public, the Governor, the Lieutenant Governor, the President
14 Pro Tempore of the Senate, the Speaker of the House of
15 Representatives, and the Chairs of the House Ways and Means
16 Education Committee and Senate Finance and Taxation Education
17 Committee.
18 "(1) The State Superintendent of Education and the
19 task force established under subsection (a) of Section 16-6G-3
20 shall establish annual reading growth and proficiency targets
21 based on the information required to be reported to the
22 superintendent in subsection (m).
23 "(2) Of the funds allocated to the Alabama Reading
24 Initiative pursuant to subdivision (6) of subsection (a) of
25 Section 16-6G-4 for state administration, the State
26 Superintendent of Education may allocate such sums as he or
27 she deems appropriate to establish an Alabama Reading
Page 15 1 Initiative Incentive Program that shall distribute monetary
2 incentives to schools based on a formula, approved by the
3 State Superintendent of Education with the Alabama Committee
4 on Grade Level Reading created in Section 16-6G-7, that shall
5 factor the size and geography of the school, reading growth
6 and proficiency, and the composition of student subgroups."
7 Section 2. This act shall become effective
8 immediately following its passage and approval by the
9 Governor, or its otherwise becoming law.
Page 16 1
2
3 Senate
Read for the first time and referred to the Senate4
committee on Education Policy.....................5 0.9-FEB-22
6
Read for the second time and placed on the calen-7
dar 1 amendment..................................8 1.6-FEB-22
9
Read for the third time and passed as amended ....10 2.2-FEB-22
Yeas 2011
12 Nays 12
13
14
15 Patrick Harris,
16 Secretary.
17
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