Alabama 2022 Regular Session

Alabama Senate Bill SB200 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB200
2		-	2 215066-4
	2	+	2 215066-3
3	3		3 By Senators Smitherman, Coleman-Madison, Hatcher, Figures and
4	4		4 Singleton
5	5		5 RFD: Education Policy
6	6		6 First Read: 09-FEB-22
7	7
8		-	Page 0 SB200
9		-	1 SB200
	8	+	Page 0 1 SB200
10	9		2
11	10		3
12		-	4 ENROLLED, An Act,
13		-	5 Relating to the Alabama Literacy Act; to amend
14		-	6 Section 16-6G-5, Code of Alabama 1975, to postpone
15		-	7 implementation of the third grade retention requirement.
16		-	8 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17		-	9 Section 1. Section 16-6G-5 of the Code of Alabama
18		-	10 1975, is amended to read as follows:
19		-	11 "§16-6G-5.
20		-	12 "(a) To ensure that public school students are able
21		-	13 to read at or above grade level by the end of third grade,
22		-	14 each local education agency shall offer a comprehensive core
23		-	15 reading program to all students based on the science of
24		-	16 reading which develops foundational reading skills. In
25		-	17 addition, no school district may use any curriculum for public
26		-	18 K-3 students that does not have instructional time included.
27		-	19 "(b) Based on the results of the reading assessment
28		-	20 in Section 16-6G-3, each K-3 student who exhibits a reading
29		-	21 deficiency, or the characteristics of dyslexia, shall be
30		-	22 provided an appropriate reading intervention program to
31		-	23 address his or her specific deficiencies. Additionally,
32		-	24 students shall be evaluated after every grading period and, if
33		-	25 a student is determined to have a reading deficiency, the
34		-	Page 1 SB200
35		-	1 school shall provide the student with additional tutorial
36		-	2 support. The State Superintendent of Education shall provide a
37		-	3 list of vetted and approved comprehensive reading and
38		-	4 intervention programs with the advice of the task force
39		-	5 established under subsection (a) of Section 16-6G-3. The
40		-	6 intervention program shall be provided in addition to the
41		-	7 comprehensive core reading instruction that is provided to all
42		-	8 students in the general education classroom. Dyslexia specific
43		-	9 intervention, as defined by rule of the State Board of
44		-	10 Education, shall be provided to students who have the
45		-	11 characteristics of dyslexia and all struggling readers. The
46		-	12 reading intervention program shall do all of the following:
47		-	13 "(1) Provide explicit, direct instruction that is
48		-	14 systematic, sequential, and cumulative in language
49		-	15 development, phonological awareness, phonics, fluency,
50		-	16 vocabulary, and comprehension, as applicable.
51		-	17 "(2) Provide daily targeted small group reading
52		-	18 interventions based on student need in phonological awareness,
53		-	19 phonics including decoding and encoding, sight words,
54		-	20 vocabulary, or comprehension.
55		-	21 "(3) Be implemented during regular school hours.
56		-	22 "(c) The parent or legal guardian of any K-3 student
57		-	23 who exhibits a consistent deficiency in letter naming fluency,
58		-	24 letter sound fluency, nonsense word reading, sight words, oral
59		-	25 reading accuracy, vocabulary, or comprehension at any time
60		-	Page 2 SB200
61		-	1 during the school year shall be notified in writing no later
62		-	2 than 15 school days after the identification. In addition to
63		-	3 the requirement that the Literacy Task Force consider and
64		-	4 minimize the impact on instructional time when recommending an
65		-	5 assessment system for approval by the State Superintendent of
66		-	6 Education pursuant to subsection (c) of Section 16-6G-3, the
67		-	7 State Superintendent of Education and each local education
68		-	8 agency shall minimize the impact on instructional time and
69		-	9 teacher paperwork required to comply with the written
70		-	10 notification requirements of this subsection.The written
71		-	11 notification shall include all of the following:
72		-	12 "(1) A statement that the student has been
73		-	13 identified as having a deficiency in reading or exhibits the
74		-	14 characteristics of dyslexia, and that a reading improvement
75		-	15 plan shall be developed by the teacher, principal, other
76		-	16 pertinent school personnel, and the parent or legal guardian.
77		-	17 "(2) A description of the current services that are
78		-	18 provided to the student.
79		-	19 "(3) A description of the proposed evidence-based
80		-	20 reading interventions and supplemental instructional services
81		-	21 and supports that shall be proposed for discussion while
82		-	22 establishing the student's reading improvement plan as
83		-	23 provided in subsection (d).
84		-	Page 3 SB200
85		-	1 "(4) Notification that the parent or legal guardian
86		-	2 shall be informed in writing at least monthly of the progress
87		-	3 of the student towards grade level reading.
88		-	4 "(5) Strategies and resources for the parent or
89		-	5 legal guardian to use at home to help the student succeed in
90		-	6 reading.
91		-	7 "(6) A statement that if the reading deficiency of
92		-	8 the student is not addressed by the end of third grade, the
93		-	9 student will not be promoted to fourth grade unless a good
94		-	10 cause exemption is satisfied.
95		-	11 "(7) A statement that while the statewide reading
96		-	12 assessment is the initial determinant for promotion, the
97		-	13 assessment is not the sole determiner at the end of third
98		-	14 grade. Additionally, students shall be provided with a
99		-	15 test-based student portfolio option and an alternative reading
100		-	16 assessment option to demonstrate sufficient reading skills for
101		-	17 promotion to fourth grade.
102		-	18 "(d) Any K-3 student who exhibits a reading
103		-	19 deficiency at any time, as provided in subsection (b), shall
104		-	20 receive an individual reading improvement plan no later than
105		-	21 30 days after the identification of the reading deficiency.
106		-	22 "(1) The reading improvement plan shall be created
107		-	23 by the teacher, principal, other pertinent school personnel,
108		-	24 and the parent or legal guardian of the student, and shall
109		-	25 describe the evidence-based reading intervention services,
110		-	Page 4 SB200
111		-	1 including dyslexia specific intervention services, that the
112		-	2 student shall receive to improve the reading deficit.
113		-	3 "(2) Each identified student shall receive intensive
114		-	4 reading intervention until the student no longer has a
115		-	5 deficiency in reading, as determined by a State Board of
116		-	6 Education approved reading assessment.
117		-	7 "(3) Funds allocated to procuring curricula for
118		-	8 student interventions pursuant to subdivision (5) of
119		-	9 subsection (a) of Section 16-6G-4 shall be divided, based on a
120		-	10 per pupil allocation determined by the number of students of
121		-	11 each local education agency who are not proficient on a state
122		-	12 approved reading assessment during the prior academic year,
123		-	13 and distributed by the State Superintendent of Education.
124		-	14 "(e) Each local education agency shall provide
125		-	15 summer reading camps to all K-3 students identified with a
126		-	16 reading deficiency as described in subsection (b).
127		-	17 "(1) Summer reading camps shall be staffed with
128		-	18 highly effective teachers of reading as demonstrated by
129		-	19 student reading performance data, completion of multisensory
130		-	20 structured language education, and teacher performance
131		-	21 evaluations.
132		-	22 "(2) The highly effective teacher of reading shall
133		-	23 provide direct, explicit, and systematic reading intervention
134		-	24 services and supports to improve any identified area of
135		-	25 reading deficiency.
136		-	Page 5 SB200
137		-	1 "(3) Summer reading camps, at a minimum, shall
138		-	2 include 70 hours of time in scientifically based reading
139		-	3 instruction and intervention.
140		-	4 "(4) A State Board of Education approved reading
141		-	5 assessment system shall be administered at the beginning and
142		-	6 end of the summer reading camp to measure student progress.
143		-	7 "(5) Summer reading camps may be held in conjunction
144		-	8 with existing summer programs in the school district or in
145		-	9 partnership with community-based summer programs, designated
146		-	10 as effective by the State Superintendent of Education and the
147		-	11 task force established under subsection (a) of Section
148		-	12 16-6G-3.
149		-	13 "(f) The Alabama Summer Achievement Program is
150		-	14 established and shall be available to all K-3 students in
151		-	15 public elementary schools that are among the lowest performing
152		-	16 five percent of elementary schools.
153		-	17 "(1) The program shall be administered and funded by
154		-	18 the allocation provided in subdivision (2) of subsection (a)
155		-	19 of Section 16-6G-4.
156		-	20 "(2) Funds allocated to the program in excess of the
157		-	21 amount needed to fully fund summer programs in public
158		-	22 elementary schools that are among the lowest five percent
159		-	23 performing schools shall be divided, based on a per pupil
160		-	24 allocation, and distributed by the State Superintendent of
161		-	25 Education, to support high quality summer camps at elementary
162		-	Page 6 SB200
163		-	1 schools that are not among the lowest five percent performing
164		-	2 elementary schools. The State Superintendent of Education
165		-	3 shall award the funds to each local education agency based on
166		-	4 the number of students who scored deficient, as determined by
167		-	5 the task force established under subsection (a) of Section
168		-	6 16-6G-3, on a state-approved reading assessment used to
169		-	7 determine reading proficiency during the administration of the
170		-	8 assessment during the preceding academic year.
171		-	9 "(3) The State Superintendent of Education shall
172		-	10 provide guidelines for the administration of the Alabama
173		-	11 Summer Achievement Program, and shall oversee all of the
174		-	12 following:
175		-	13 "a. The administration of the Alabama Summer
176		-	14 Achievement Program in the lowest five percent performing
177		-	15 elementary schools.
178		-	16 "b. The response to instruction process in the
179		-	17 lowest five percent performing elementary schools.
180		-	18 "c. The Alabama Reading Initiative regional literacy
181		-	19 specialists and local reading specialists.
182		-	20 "d. All other aspects of implementation of this
183		-	21 chapter including, but not limited to, collaboration among
184		-	22 State Department of Education staff and the task force
185		-	23 established under subsection (a) of Section 16-6G-3 to improve
186		-	24 the reading proficiency of public K-3 students and
187		-	Page 7 SB200
188		-	1 implementation of rules adopted by the State Board of
189		-	2 Education.
190		-	3 "e. The implementation of rules adopted by the State
191		-	4 Board of Education pertaining to dyslexia.
192		-	5 "f. Collaboration with the Alabama Reading
193		-	6 Initiative state staff and the Alabama Department of Early
194		-	7 Childhood Education for appropriate professional learning
195		-	8 approved by the State Department of Education.
196		-	9 "g. The development of guidelines for identifying
197		-	10 the characteristics of dyslexia.
198		-	11 "(g) Any incoming third grade student identified
199		-	12 with a reading deficiency shall be provided more intensified
200		-	13 reading interventions to improve his or her specific reading
201		-	14 deficiency. Reading intervention services shall include
202		-	15 effective instructional strategies to accelerate student
203		-	16 progress. Each local education agency shall conduct a review
204		-	17 of student reading improvement plans for all incoming third
205		-	18 grade students identified with a reading deficiency. The
206		-	19 review shall address additional supports and services, as
207		-	20 described in this section, necessary to improve any identified
208		-	21 area of reading deficiency. The local education agency shall
209		-	22 provide all of the following services for third grade students
210		-	23 identified with a reading deficiency, and those services may
211		-	24 be funded with funds received through the allocation provided
212		-	25 in subdivision (2) of subsection (a) of Section 16-6G-4:
213		-	Page 8 SB200
214		-	1 "(1) An effective or highly effective teacher of
215		-	2 reading as demonstrated by student reading performance data
216		-	3 and teacher performance evaluations.
217		-	4 "(2) Reading intervention services and supports to
218		-	5 improve any identified area of reading deficiency including,
219		-	6 but not limited to, all of the following:
220		-	7 "a. Additional instructional time devoted to
221		-	8 scientifically based and evidence based reading instruction
222		-	9 and intervention.
223		-	10 "b. The use of evidence based reading strategies or
224		-	11 programs, or both, that have been vetted and approved by the
225		-	12 State Superintendent of Education and the task force
226		-	13 established under subsection (a) of Section 16-6G-3, that have
227		-	14 demonstrated proven results in accelerating student reading
228		-	15 achievement within the same school year.
229		-	16 "c. Daily targeted small group reading intervention
230		-	17 based on student need.
231		-	18 "d. Explicit and systematic instruction with more
232		-	19 detailed explanations, more extensive opportunities for guided
233		-	20 practice, and more opportunities for error correction and
234		-	21 feedback.
235		-	22 "e. Frequent monitoring of the progress of the
236		-	23 reading skills of each student throughout the school year and
237		-	24 adjusting instruction according to student need.
238		-	Page 9 SB200
239		-	1 "(3) Before school or after school, or both,
240		-	2 supplemental evidence-based reading intervention delivered by
241		-	3 a teacher or tutor with specialized reading training.
242		-	4 "(4) A read at home plan, including participation in
243		-	5 parent training workshops or regular parent guided home
244		-	6 reading activities.
245		-	7 "(h) Commencing with the 2021-2022 2023-2024 school
246		-	8 year, third grade students shall demonstrate sufficient
247		-	9 reading skills for promotion to fourth grade. Students shall
248		-	10 be provided all of the following options to demonstrate
249		-	11 sufficient reading skills for promotion to fourth grade, and
250		-	12 the State Superintendent of Education shall provide guidelines
251		-	13 for the implementation of this subsection:
252		-	14 "(1) Scoring above the lowest achievement level, as
253		-	15 determined by rule of the State Board of Education, on a
254		-	16 board-approved assessment in reading as provided in Section
255		-	17 16-6G-3.
256		-	18 "(2) Earning an acceptable score on an alternative
257		-	19 standardized reading assessment as determined and approved by
258		-	20 the State Superintendent of Education.
259		-	21 "(3) Demonstrating mastery of third grade minimum
260		-	22 essential state reading standards as evidenced by a student
261		-	23 reading portfolio. The State Superintendent of Education and
262		-	24 the task force established under subsection (a) of Section
263		-	25 16-6G-3 shall establish criteria for minimum essential
264		-	Page 10 SB200
265		-	1 standards and the student reading portfolios and a definition
266		-	2 of what constitutes mastery of all third grade state reading
267		-	3 standards.
268		-	4 "(i) If a student does not demonstrate sufficient
269		-	5 reading skills on one of the three options listed in
270		-	6 subsection (h) and does not qualify for a good cause
271		-	7 exemption, the student may not be promoted to fourth grade.
272		-	8 "(j) A local education agency may only exempt
273		-	9 students from mandatory retention, as provided in subsection
274		-	10 (i), for good cause. A student who is promoted to fourth grade
275		-	11 with a good cause exemption shall continue to receive
276		-	12 intensive reading intervention that includes specific reading
277		-	13 strategies prescribed in the individual reading improvement
278		-	14 plan of the student until the deficiency is improved. The
279		-	15 local education agency shall assist schools and teachers with
280		-	16 the implementation of reading strategies that research has
281		-	17 shown to be successful in improving reading among students
282		-	18 with reading difficulties. Good cause exemptions shall be
283		-	19 limited to the following:
284		-	20 "(1) Students with disabilities whose Individual
285		-	21 Education Plan indicates that participation in the statewide
286		-	22 assessment program is not appropriate, consistent with state
287		-	23 law.
288		-	Page 11 SB200
289		-	1 "(2) Students identified as English language
290		-	2 learners who have had less than two years of instruction in
291		-	3 English as a second language.
292		-	4 "(3) Students with disabilities who participate in
293		-	5 the statewide English language arts reading assessment and who
294		-	6 have an Individual Education Plan or a Section 504 plan that
295		-	7 reflects that the student has received intensive reading
296		-	8 intervention for more than two years and who still
297		-	9 demonstrates a deficiency in reading and was previously
298		-	10 retained in kindergarten, first grade, second grade, or third
299		-	11 grade.
300		-	12 "(4) Students who have received intensive reading
301		-	13 intervention for two or more years and who still demonstrate a
302		-	14 deficiency in reading and who were previously retained in
303		-	15 kindergarten, first grade, second grade, or third grade for a
304		-	16 total of two years.
305		-	17 "(k) No student shall be retained more than twice in
306		-	18 kindergarten through third grade.
307		-	19 "(l) A request to exempt a student from the
308		-	20 mandatory retention requirement using one of the good cause
309		-	21 exemptions listed in subsection (j) shall be made consistent
310		-	22 with the following:
311		-	23 "(1) Documentation shall be submitted to the school
312		-	24 principal from the teacher of the student that indicates that
313		-	25 the promotion of the student is appropriate. Documentation
314		-	Page 12 SB200
315		-	1 shall include a statement identifying which good cause
	11	+	4 ENGROSSED
	12	+	5
	13	+	6
	14	+	7 A BILL
	15	+	8 TO BE ENTITLED
	16	+	9 AN ACT
	17	+	10
	18	+	11 Relating to the Alabama Literacy Act; to amend
	19	+	12 Section 16-6G-5, Code of Alabama 1975, to postpone
	20	+	13 implementation of the third grade retention requirement.
	21	+	14 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	22	+	15 Section 1. Section 16-6G-5 of the Code of Alabama
	23	+	16 1975, is amended to read as follows:
	24	+	17 "§16-6G-5.
	25	+	18 "(a) To ensure that public school students are able
	26	+	19 to read at or above grade level by the end of third grade,
	27	+	20 each local education agency shall offer a comprehensive core
	28	+	21 reading program to all students based on the science of
	29	+	22 reading which develops foundational reading skills. In
	30	+	23 addition, no school district may use any curriculum for public
	31	+	24 K-3 students that does not have instructional time included.
	32	+	25 "(b) Based on the results of the reading assessment
	33	+	26 in Section 16-6G-3, each K-3 student who exhibits a reading
	34	+	27 deficiency, or the characteristics of dyslexia, shall be
	35	+	Page 1 1 provided an appropriate reading intervention program to
	36	+	2 address his or her specific deficiencies. Additionally,
	37	+	3 students shall be evaluated after every grading period and, if
	38	+	4 a student is determined to have a reading deficiency, the
	39	+	5 school shall provide the student with additional tutorial
	40	+	6 support. The State Superintendent of Education shall provide a
	41	+	7 list of vetted and approved comprehensive reading and
	42	+	8 intervention programs with the advice of the task force
	43	+	9 established under subsection (a) of Section 16-6G-3. The
	44	+	10 intervention program shall be provided in addition to the
	45	+	11 comprehensive core reading instruction that is provided to all
	46	+	12 students in the general education classroom. Dyslexia specific
	47	+	13 intervention, as defined by rule of the State Board of
	48	+	14 Education, shall be provided to students who have the
	49	+	15 characteristics of dyslexia and all struggling readers. The
	50	+	16 reading intervention program shall do all of the following:
	51	+	17 "(1) Provide explicit, direct instruction that is
	52	+	18 systematic, sequential, and cumulative in language
	53	+	19 development, phonological awareness, phonics, fluency,
	54	+	20 vocabulary, and comprehension, as applicable.
	55	+	21 "(2) Provide daily targeted small group reading
	56	+	22 interventions based on student need in phonological awareness,
	57	+	23 phonics including decoding and encoding, sight words,
	58	+	24 vocabulary, or comprehension.
	59	+	25 "(3) Be implemented during regular school hours.
	60	+	26 "(c) The parent or legal guardian of any K-3 student
	61	+	27 who exhibits a consistent deficiency in letter naming fluency,
	62	+	Page 2 1 letter sound fluency, nonsense word reading, sight words, oral
	63	+	2 reading accuracy, vocabulary, or comprehension at any time
	64	+	3 during the school year shall be notified in writing no later
	65	+	4 than 15 school days after the identification. The written
	66	+	5 notification shall include all of the following:
	67	+	6 "(1) A statement that the student has been
	68	+	7 identified as having a deficiency in reading or exhibits the
	69	+	8 characteristics of dyslexia, and that a reading improvement
	70	+	9 plan shall be developed by the teacher, principal, other
	71	+	10 pertinent school personnel, and the parent or legal guardian.
	72	+	11 "(2) A description of the current services that are
	73	+	12 provided to the student.
	74	+	13 "(3) A description of the proposed evidence-based
	75	+	14 reading interventions and supplemental instructional services
	76	+	15 and supports that shall be proposed for discussion while
	77	+	16 establishing the student's reading improvement plan as
	78	+	17 provided in subsection (d).
	79	+	18 "(4) Notification that the parent or legal guardian
	80	+	19 shall be informed in writing at least monthly of the progress
	81	+	20 of the student towards grade level reading.
	82	+	21 "(5) Strategies and resources for the parent or
	83	+	22 legal guardian to use at home to help the student succeed in
	84	+	23 reading.
	85	+	24 "(6) A statement that if the reading deficiency of
	86	+	25 the student is not addressed by the end of third grade, the
	87	+	26 student will not be promoted to fourth grade unless a good
	88	+	27 cause exemption is satisfied.
	89	+	Page 3 1 "(7) A statement that while the statewide reading
	90	+	2 assessment is the initial determinant for promotion, the
	91	+	3 assessment is not the sole determiner at the end of third
	92	+	4 grade. Additionally, students shall be provided with a
	93	+	5 test-based student portfolio option and an alternative reading
	94	+	6 assessment option to demonstrate sufficient reading skills for
	95	+	7 promotion to fourth grade.
	96	+	8 "(d) Any K-3 student who exhibits a reading
	97	+	9 deficiency at any time, as provided in subsection (b), shall
	98	+	10 receive an individual reading improvement plan no later than
	99	+	11 30 days after the identification of the reading deficiency.
	100	+	12 "(1) The reading improvement plan shall be created
	101	+	13 by the teacher, principal, other pertinent school personnel,
	102	+	14 and the parent or legal guardian of the student, and shall
	103	+	15 describe the evidence-based reading intervention services,
	104	+	16 including dyslexia specific intervention services, that the
	105	+	17 student shall receive to improve the reading deficit.
	106	+	18 "(2) Each identified student shall receive intensive
	107	+	19 reading intervention until the student no longer has a
	108	+	20 deficiency in reading, as determined by a State Board of
	109	+	21 Education approved reading assessment.
	110	+	22 "(3) Funds allocated to procuring curricula for
	111	+	23 student interventions pursuant to subdivision (5) of
	112	+	24 subsection (a) of Section 16-6G-4 shall be divided, based on a
	113	+	25 per pupil allocation determined by the number of students of
	114	+	26 each local education agency who are not proficient on a state
	115	+	Page 4 1 approved reading assessment during the prior academic year,
	116	+	2 and distributed by the State Superintendent of Education.
	117	+	3 "(e) Each local education agency shall provide
	118	+	4 summer reading camps to all K-3 students identified with a
	119	+	5 reading deficiency as described in subsection (b).
	120	+	6 "(1) Summer reading camps shall be staffed with
	121	+	7 highly effective teachers of reading as demonstrated by
	122	+	8 student reading performance data, completion of multisensory
	123	+	9 structured language education, and teacher performance
	124	+	10 evaluations.
	125	+	11 "(2) The highly effective teacher of reading shall
	126	+	12 provide direct, explicit, and systematic reading intervention
	127	+	13 services and supports to improve any identified area of
	128	+	14 reading deficiency.
	129	+	15 "(3) Summer reading camps, at a minimum, shall
	130	+	16 include 70 hours of time in scientifically based reading
	131	+	17 instruction and intervention.
	132	+	18 "(4) A State Board of Education approved reading
	133	+	19 assessment system shall be administered at the beginning and
	134	+	20 end of the summer reading camp to measure student progress.
	135	+	21 "(5) Summer reading camps may be held in conjunction
	136	+	22 with existing summer programs in the school district or in
	137	+	23 partnership with community-based summer programs, designated
	138	+	24 as effective by the State Superintendent of Education and the
	139	+	25 task force established under subsection (a) of Section
	140	+	26 16-6G-3.
	141	+	Page 5 1 "(f) The Alabama Summer Achievement Program is
	142	+	2 established and shall be available to all K-3 students in
	143	+	3 public elementary schools that are among the lowest performing
	144	+	4 five percent of elementary schools.
	145	+	5 "(1) The program shall be administered and funded by
	146	+	6 the allocation provided in subdivision (2) of subsection (a)
	147	+	7 of Section 16-6G-4.
	148	+	8 "(2) Funds allocated to the program in excess of the
	149	+	9 amount needed to fully fund summer programs in public
	150	+	10 elementary schools that are among the lowest five percent
	151	+	11 performing schools shall be divided, based on a per pupil
	152	+	12 allocation, and distributed by the State Superintendent of
	153	+	13 Education, to support high quality summer camps at elementary
	154	+	14 schools that are not among the lowest five percent performing
	155	+	15 elementary schools. The State Superintendent of Education
	156	+	16 shall award the funds to each local education agency based on
	157	+	17 the number of students who scored deficient, as determined by
	158	+	18 the task force established under subsection (a) of Section
	159	+	19 16-6G-3, on a state-approved reading assessment used to
	160	+	20 determine reading proficiency during the administration of the
	161	+	21 assessment during the preceding academic year.
	162	+	22 "(3) The State Superintendent of Education shall
	163	+	23 provide guidelines for the administration of the Alabama
	164	+	24 Summer Achievement Program, and shall oversee all of the
	165	+	25 following:
	166	+	Page 6 1 "a. The administration of the Alabama Summer
	167	+	2 Achievement Program in the lowest five percent performing
	168	+	3 elementary schools.
	169	+	4 "b. The response to instruction process in the
	170	+	5 lowest five percent performing elementary schools.
	171	+	6 "c. The Alabama Reading Initiative regional literacy
	172	+	7 specialists and local reading specialists.
	173	+	8 "d. All other aspects of implementation of this
	174	+	9 chapter including, but not limited to, collaboration among
	175	+	10 State Department of Education staff and the task force
	176	+	11 established under subsection (a) of Section 16-6G-3 to improve
	177	+	12 the reading proficiency of public K-3 students and
	178	+	13 implementation of rules adopted by the State Board of
	179	+	14 Education.
	180	+	15 "e. The implementation of rules adopted by the State
	181	+	16 Board of Education pertaining to dyslexia.
	182	+	17 "f. Collaboration with the Alabama Reading
	183	+	18 Initiative state staff and the Alabama Department of Early
	184	+	19 Childhood Education for appropriate professional learning
	185	+	20 approved by the State Department of Education.
	186	+	21 "g. The development of guidelines for identifying
	187	+	22 the characteristics of dyslexia.
	188	+	23 "(g) Any incoming third grade student identified
	189	+	24 with a reading deficiency shall be provided more intensified
	190	+	25 reading interventions to improve his or her specific reading
	191	+	26 deficiency. Reading intervention services shall include
	192	+	27 effective instructional strategies to accelerate student
	193	+	Page 7 1 progress. Each local education agency shall conduct a review
	194	+	2 of student reading improvement plans for all incoming third
	195	+	3 grade students identified with a reading deficiency. The
	196	+	4 review shall address additional supports and services, as
	197	+	5 described in this section, necessary to improve any identified
	198	+	6 area of reading deficiency. The local education agency shall
	199	+	7 provide all of the following services for third grade students
	200	+	8 identified with a reading deficiency, and those services may
	201	+	9 be funded with funds received through the allocation provided
	202	+	10 in subdivision (2) of subsection (a) of Section 16-6G-4:
	203	+	11 "(1) An effective or highly effective teacher of
	204	+	12 reading as demonstrated by student reading performance data
	205	+	13 and teacher performance evaluations.
	206	+	14 "(2) Reading intervention services and supports to
	207	+	15 improve any identified area of reading deficiency including,
	208	+	16 but not limited to, all of the following:
	209	+	17 "a. Additional instructional time devoted to
	210	+	18 scientifically based and evidence based reading instruction
	211	+	19 and intervention.
	212	+	20 "b. The use of evidence based reading strategies or
	213	+	21 programs, or both, that have been vetted and approved by the
	214	+	22 State Superintendent of Education and the task force
	215	+	23 established under subsection (a) of Section 16-6G-3, that have
	216	+	24 demonstrated proven results in accelerating student reading
	217	+	25 achievement within the same school year.
	218	+	26 "c. Daily targeted small group reading intervention
	219	+	27 based on student need.
	220	+	Page 8 1 "d. Explicit and systematic instruction with more
	221	+	2 detailed explanations, more extensive opportunities for guided
	222	+	3 practice, and more opportunities for error correction and
	223	+	4 feedback.
	224	+	5 "e. Frequent monitoring of the progress of the
	225	+	6 reading skills of each student throughout the school year and
	226	+	7 adjusting instruction according to student need.
	227	+	8 "(3) Before school or after school, or both,
	228	+	9 supplemental evidence-based reading intervention delivered by
	229	+	10 a teacher or tutor with specialized reading training.
	230	+	11 "(4) A read at home plan, including participation in
	231	+	12 parent training workshops or regular parent guided home
	232	+	13 reading activities.
	233	+	14 "(h) Commencing with the 2021-2022 2023-2024 school
	234	+	15 year, third grade students shall demonstrate sufficient
	235	+	16 reading skills for promotion to fourth grade. Students shall
	236	+	17 be provided all of the following options to demonstrate
	237	+	18 sufficient reading skills for promotion to fourth grade, and
	238	+	19 the State Superintendent of Education shall provide guidelines
	239	+	20 for the implementation of this subsection:
	240	+	21 "(1) Scoring above the lowest achievement level, as
	241	+	22 determined by rule of the State Board of Education, on a
	242	+	23 board-approved assessment in reading as provided in Section
	243	+	24 16-6G-3.
	244	+	25 "(2) Earning an acceptable score on an alternative
	245	+	26 standardized reading assessment as determined and approved by
	246	+	27 the State Superintendent of Education.
	247	+	Page 9 1 "(3) Demonstrating mastery of third grade minimum
	248	+	2 essential state reading standards as evidenced by a student
	249	+	3 reading portfolio. The State Superintendent of Education and
	250	+	4 the task force established under subsection (a) of Section
	251	+	5 16-6G-3 shall establish criteria for minimum essential
	252	+	6 standards and the student reading portfolios and a definition
	253	+	7 of what constitutes mastery of all third grade state reading
	254	+	8 standards.
	255	+	9 "(i) If a student does not demonstrate sufficient
	256	+	10 reading skills on one of the three options listed in
	257	+	11 subsection (h) and does not qualify for a good cause
	258	+	12 exemption, the student may not be promoted to fourth grade.
	259	+	13 "(j) A local education agency may only exempt
	260	+	14 students from mandatory retention, as provided in subsection
	261	+	15 (i), for good cause. A student who is promoted to fourth grade
	262	+	16 with a good cause exemption shall continue to receive
	263	+	17 intensive reading intervention that includes specific reading
	264	+	18 strategies prescribed in the individual reading improvement
	265	+	19 plan of the student until the deficiency is improved. The
	266	+	20 local education agency shall assist schools and teachers with
	267	+	21 the implementation of reading strategies that research has
	268	+	22 shown to be successful in improving reading among students
	269	+	23 with reading difficulties. Good cause exemptions shall be
	270	+	24 limited to the following:
	271	+	25 "(1) Students with disabilities whose Individual
	272	+	26 Education Plan indicates that participation in the statewide
	273	+	Page 10 1 assessment program is not appropriate, consistent with state
	274	+	2 law.
	275	+	3 "(2) Students identified as English language
	276	+	4 learners who have had less than two years of instruction in
	277	+	5 English as a second language.
	278	+	6 "(3) Students with disabilities who participate in
	279	+	7 the statewide English language arts reading assessment and who
	280	+	8 have an Individual Education Plan or a Section 504 plan that
	281	+	9 reflects that the student has received intensive reading
	282	+	10 intervention for more than two years and who still
	283	+	11 demonstrates a deficiency in reading and was previously
	284	+	12 retained in kindergarten, first grade, second grade, or third
	285	+	13 grade.
	286	+	14 "(4) Students who have received intensive reading
	287	+	15 intervention for two or more years and who still demonstrate a
	288	+	16 deficiency in reading and who were previously retained in
	289	+	17 kindergarten, first grade, second grade, or third grade for a
	290	+	18 total of two years.
	291	+	19 "(k) No student shall be retained more than twice in
	292	+	20 kindergarten through third grade.
	293	+	21 "(l) A request to exempt a student from the
	294	+	22 mandatory retention requirement using one of the good cause
	295	+	23 exemptions listed in subsection (j) shall be made consistent
	296	+	24 with the following:
	297	+	25 "(1) Documentation shall be submitted to the school
	298	+	26 principal from the teacher of the student that indicates that
	299	+	27 the promotion of the student is appropriate. Documentation
	300	+	Page 11 1 shall include a statement identifying which good cause
316	301		2 exemption is requested, as well as the existing reading
317	302		3 improvement plan or Individual Education Plan of the student,
318	303		4 as applicable.
319	304		5 "(2) The school principal shall review the
320	305		6 recommendation of the teacher, determine if the student meets
321	306		7 one of the good cause exemptions, and shall make his or her
322	307		8 determination in writing to the local superintendent of
323	308		9 education. The local superintendent of education, in writing,
324	309		10 shall approve or reject the recommendation of the school
325	310		11 principal.
326	311		12 "(3) The local education agency shall assist schools
327	312		13 under its jurisdiction in providing written notification to
328	313		14 the parent of any student who is retained in third grade for
329	314		15 not achieving the reading level required for promotion. Notice
330	315		16 shall clearly state the reasons why the student is not
331	316		17 eligible for a good cause exemption and shall include a
332	317		18 description of the proposed interventions and supports that
333	318		19 shall be provided to the student to improve any identified
334	319		20 area of reading deficiency during the retained year.
335	320		21 "(4) There shall be established at each school, as
336	321		22 applicable, an intensive acceleration for any student retained
337	322		23 in third grade. In addition to the criteria established in
338	323		24 subdivisions (1) to (4), inclusive, of subsection (g), the
339	324		25 intensive acceleration shall be taught by a highly effective
340		-	Page 13 SB200
341		-	1 teacher of reading who has received training in the science of
342		-	2 reading and multisensory language instruction, as demonstrated
343		-	3 by student reading performance data and teacher performance
344		-	4 evaluations; shall have a reduced teacher-student ratio; and
345		-	5 shall provide explicit and systematic reading instruction and
346		-	6 intervention for the majority of student contact time each
347		-	7 day.
348		-	8 "(m) Annually, on or before September 30, each local
349		-	9 education agency shall report in writing to the State
350		-	10 Superintendent of Education the following information on the
351		-	11 previous school year:
352		-	12 "(1) By grade, the number and percentage of all K-3
353		-	13 students identified with a reading deficiency on a State
354		-	14 Department of Education approved reading assessment.
355		-	15 "(2) By grade, the number and percentage of students
356		-	16 screened for dyslexia characteristics, the number and
357		-	17 percentage of students identified as demonstrating the
358		-	18 characteristics of dyslexia and receiving dyslexia specific
359		-	19 intervention, and the name of the dyslexia specific
360		-	20 intervention being provided.
361		-	21 "(3) By grade, the number and percentage of all K-3
362		-	22 students performing on grade level or above on a State Board
363		-	23 of Education approved reading assessment.
364		-	Page 14 SB200
365		-	1 "(4) The total number and percentage of students
366		-	2 starting third grade with a reading deficiency, which shall
367		-	3 include the specific area of reading deficiency.
368		-	4 "(5) The total number and percentage of third grade
369		-	5 students who started third grade with a reading deficiency but
370		-	6 completed third grade on grade level as determined by the
371		-	7 third grade state standardized assessment in reading.
372		-	8 "(6) By grade, the total number and percentage of
373		-	9 eligible K-3 students who attended the Alabama Summer
374		-	10 Achievement Program or other mandatory summer reading camp.
375		-	11 "(7) By grade, pre- and post-Alabama Summer
376		-	12 Achievement Program reading assessment scores and other
377		-	13 mandatory summer camp data.
378		-	14 "(8) By grade, the number and percentage of all
379		-	15 students retained in grades K-3.
380		-	16 "(9) The total number and percentage of students in
381		-	17 third grade who demonstrated sufficient reading skills for
382		-	18 promotion on the alternative reading assessment.
383		-	19 "(10) The total number and percentage of students in
384		-	20 third grade who were promoted for good cause, by each category
385		-	21 of good cause specified in subsection (j).
386		-	22 "(11) In succeeding years, the performance of
387		-	23 students promoted with a good cause on the state standardized
388		-	24 assessment in reading.
389		-	Page 15 SB200
390		-	1 "(12) By school, the number of teachers who are
391		-	2 participating in or have completed professional development in
392		-	3 the science of reading and who hold advanced certifications in
393		-	4 those areas.
394		-	5 "(13) By school, the number of teachers who have
395		-	6 completed training in dyslexia awareness, multisensory
396		-	7 strategies, and satisfy the definition of a dyslexia
397		-	8 interventionist as defined by rule of the State Board of
398		-	9 Education.
399		-	10 "(n) The State Superintendent of Education shall
400		-	11 establish a uniform format for local school systems to use in
401		-	12 reporting the information required by subsection (m). The
402		-	13 format shall be developed with input from local education
403		-	14 agencies and shall be provided to each local education agency
404		-	15 no later than 90 days before the annual due date. Annually, on
405		-	16 or before December 1, the State Superintendent of Education
406		-	17 shall compile the information received from the local
407		-	18 education agencies into state level summary information and
408		-	19 report the information to the State Board of Education, the
409		-	20 public, the Governor, the Lieutenant Governor, the President
410		-	21 Pro Tempore of the Senate, the Speaker of the House of
411		-	22 Representatives, and the Chairs of the House Ways and Means
412		-	23 Education Committee and Senate Finance and Taxation Education
413		-	24 Committee.
414		-	Page 16 SB200
415		-	1 "(1) The State Superintendent of Education and the
416		-	2 task force established under subsection (a) of Section 16-6G-3
417		-	3 shall establish annual reading growth and proficiency targets
418		-	4 based on the information required to be reported to the
419		-	5 superintendent in subsection (m).
420		-	6 "(2) Of the funds allocated to the Alabama Reading
421		-	7 Initiative pursuant to subdivision (6) of subsection (a) of
422		-	8 Section 16-6G-4 for state administration, the State
423		-	9 Superintendent of Education may allocate such sums as he or
424		-	10 she deems appropriate to establish an Alabama Reading
425		-	11 Initiative Incentive Program that shall distribute monetary
426		-	12 incentives to schools based on a formula, approved by the
427		-	13 State Superintendent of Education with the Alabama Committee
428		-	14 on Grade Level Reading created in Section 16-6G-7, that shall
429		-	15 factor the size and geography of the school, reading growth
430		-	16 and proficiency, and the composition of student subgroups."
431		-	17 Section 2. This act shall become effective
432		-	18 immediately following its passage and approval by the
433		-	19 Governor, or its otherwise becoming law.
434		-	Page 17 SB200
435		-	1
	325	+	26 teacher of reading who has received training in the science of
	326	+	27 reading and multisensory language instruction, as demonstrated
	327	+	Page 12 1 by student reading performance data and teacher performance
	328	+	2 evaluations; shall have a reduced teacher-student ratio; and
	329	+	3 shall provide explicit and systematic reading instruction and
	330	+	4 intervention for the majority of student contact time each
	331	+	5 day.
	332	+	6 "(m) Annually, on or before September 30, each local
	333	+	7 education agency shall report in writing to the State
	334	+	8 Superintendent of Education the following information on the
	335	+	9 previous school year:
	336	+	10 "(1) By grade, the number and percentage of all K-3
	337	+	11 students identified with a reading deficiency on a State
	338	+	12 Department of Education approved reading assessment.
	339	+	13 "(2) By grade, the number and percentage of students
	340	+	14 screened for dyslexia characteristics, the number and
	341	+	15 percentage of students identified as demonstrating the
	342	+	16 characteristics of dyslexia and receiving dyslexia specific
	343	+	17 intervention, and the name of the dyslexia specific
	344	+	18 intervention being provided.
	345	+	19 "(3) By grade, the number and percentage of all K-3
	346	+	20 students performing on grade level or above on a State Board
	347	+	21 of Education approved reading assessment.
	348	+	22 "(4) The total number and percentage of students
	349	+	23 starting third grade with a reading deficiency, which shall
	350	+	24 include the specific area of reading deficiency.
	351	+	25 "(5) The total number and percentage of third grade
	352	+	26 students who started third grade with a reading deficiency but
	353	+	Page 13 1 completed third grade on grade level as determined by the
	354	+	2 third grade state standardized assessment in reading.
	355	+	3 "(6) By grade, the total number and percentage of
	356	+	4 eligible K-3 students who attended the Alabama Summer
	357	+	5 Achievement Program or other mandatory summer reading camp.
	358	+	6 "(7) By grade, pre- and post-Alabama Summer
	359	+	7 Achievement Program reading assessment scores and other
	360	+	8 mandatory summer camp data.
	361	+	9 "(8) By grade, the number and percentage of all
	362	+	10 students retained in grades K-3.
	363	+	11 "(9) The total number and percentage of students in
	364	+	12 third grade who demonstrated sufficient reading skills for
	365	+	13 promotion on the alternative reading assessment.
	366	+	14 "(10) The total number and percentage of students in
	367	+	15 third grade who were promoted for good cause, by each category
	368	+	16 of good cause specified in subsection (j).
	369	+	17 "(11) In succeeding years, the performance of
	370	+	18 students promoted with a good cause on the state standardized
	371	+	19 assessment in reading.
	372	+	20 "(12) By school, the number of teachers who are
	373	+	21 participating in or have completed professional development in
	374	+	22 the science of reading and who hold advanced certifications in
	375	+	23 those areas.
	376	+	24 "(13) By school, the number of teachers who have
	377	+	25 completed training in dyslexia awareness, multisensory
	378	+	26 strategies, and satisfy the definition of a dyslexia
	379	+	Page 14 1 interventionist as defined by rule of the State Board of
	380	+	2 Education.
	381	+	3 "(n) The State Superintendent of Education shall
	382	+	4 establish a uniform format for local school systems to use in
	383	+	5 reporting the information required by subsection (m). The
	384	+	6 format shall be developed with input from local education
	385	+	7 agencies and shall be provided to each local education agency
	386	+	8 no later than 90 days before the annual due date. Annually, on
	387	+	9 or before December 1, the State Superintendent of Education
	388	+	10 shall compile the information received from the local
	389	+	11 education agencies into state level summary information and
	390	+	12 report the information to the State Board of Education, the
	391	+	13 public, the Governor, the Lieutenant Governor, the President
	392	+	14 Pro Tempore of the Senate, the Speaker of the House of
	393	+	15 Representatives, and the Chairs of the House Ways and Means
	394	+	16 Education Committee and Senate Finance and Taxation Education
	395	+	17 Committee.
	396	+	18 "(1) The State Superintendent of Education and the
	397	+	19 task force established under subsection (a) of Section 16-6G-3
	398	+	20 shall establish annual reading growth and proficiency targets
	399	+	21 based on the information required to be reported to the
	400	+	22 superintendent in subsection (m).
	401	+	23 "(2) Of the funds allocated to the Alabama Reading
	402	+	24 Initiative pursuant to subdivision (6) of subsection (a) of
	403	+	25 Section 16-6G-4 for state administration, the State
	404	+	26 Superintendent of Education may allocate such sums as he or
	405	+	27 she deems appropriate to establish an Alabama Reading
	406	+	Page 15 1 Initiative Incentive Program that shall distribute monetary
	407	+	2 incentives to schools based on a formula, approved by the
	408	+	3 State Superintendent of Education with the Alabama Committee
	409	+	4 on Grade Level Reading created in Section 16-6G-7, that shall
	410	+	5 factor the size and geography of the school, reading growth
	411	+	6 and proficiency, and the composition of student subgroups."
	412	+	7 Section 2. This act shall become effective
	413	+	8 immediately following its passage and approval by the
	414	+	9 Governor, or its otherwise becoming law.
	415	+	Page 16 1
436	416		2
437		-	3
438		-	4
439		-	President and Presiding Officer of the Senate
440		-
441		-	5
442		-	6 Speaker of the House of Representatives
443		-	SB2007
444		-	8 Senate 22-FEB-22
445		-	9 I hereby certify that the within Act originated in and passed
446		-	10 the Senate, as amended.
447		-	11
448		-	12 Patrick Harris,
449		-	13 Secretary.
	417	+	3 Senate
	418	+	Read for the first time and referred to the Senate4
	419	+	committee on Education Policy.....................5 0.9-FEB-22
	420	+	6
	421	+	Read for the second time and placed on the calen-7
	422	+	dar 1 amendment..................................8 1.6-FEB-22
	423	+	9
	424	+	Read for the third time and passed as amended ....10 2.2-FEB-22
	425	+	Yeas 2011
	426	+	12 Nays 12
	427	+	13
450	428		14
451		-	15
452		-	16
453		-	17 House of Representatives
454		-	18 Amended and passed 05-APR-22
455		-	19
456		-	20
457		-	21 Senate concurred in House amendment 05-APR-22
458		-	22
459		-	23
460		-	24 By: Senator Smitherman
461		-	Page 18
	429	+	15 Patrick Harris,
	430	+	16 Secretary.
	431	+	17
	432	+	Page 17