1 SB200 2 215066-4 3 By Senators Smitherman, Coleman-Madison, Hatcher, Figures and 4 Singleton 5 RFD: Education Policy 6 First Read: 09-FEB-22 Page 0 SB200 1 SB200 2 3 4 ENROLLED, An Act, 5 Relating to the Alabama Literacy Act; to amend 6 Section 16-6G-5, Code of Alabama 1975, to postpone 7 implementation of the third grade retention requirement. 8 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 9 Section 1. Section 16-6G-5 of the Code of Alabama 10 1975, is amended to read as follows: 11 "ยง16-6G-5. 12 "(a) To ensure that public school students are able 13 to read at or above grade level by the end of third grade, 14 each local education agency shall offer a comprehensive core 15 reading program to all students based on the science of 16 reading which develops foundational reading skills. In 17 addition, no school district may use any curriculum for public 18 K-3 students that does not have instructional time included. 19 "(b) Based on the results of the reading assessment 20 in Section 16-6G-3, each K-3 student who exhibits a reading 21 deficiency, or the characteristics of dyslexia, shall be 22 provided an appropriate reading intervention program to 23 address his or her specific deficiencies. Additionally, 24 students shall be evaluated after every grading period and, if 25 a student is determined to have a reading deficiency, the Page 1 SB200 1 school shall provide the student with additional tutorial 2 support. The State Superintendent of Education shall provide a 3 list of vetted and approved comprehensive reading and 4 intervention programs with the advice of the task force 5 established under subsection (a) of Section 16-6G-3. The 6 intervention program shall be provided in addition to the 7 comprehensive core reading instruction that is provided to all 8 students in the general education classroom. Dyslexia specific 9 intervention, as defined by rule of the State Board of 10 Education, shall be provided to students who have the 11 characteristics of dyslexia and all struggling readers. The 12 reading intervention program shall do all of the following: 13 "(1) Provide explicit, direct instruction that is 14 systematic, sequential, and cumulative in language 15 development, phonological awareness, phonics, fluency, 16 vocabulary, and comprehension, as applicable. 17 "(2) Provide daily targeted small group reading 18 interventions based on student need in phonological awareness, 19 phonics including decoding and encoding, sight words, 20 vocabulary, or comprehension. 21 "(3) Be implemented during regular school hours. 22 "(c) The parent or legal guardian of any K-3 student 23 who exhibits a consistent deficiency in letter naming fluency, 24 letter sound fluency, nonsense word reading, sight words, oral 25 reading accuracy, vocabulary, or comprehension at any time Page 2 SB200 1 during the school year shall be notified in writing no later 2 than 15 school days after the identification. In addition to 3 the requirement that the Literacy Task Force consider and 4 minimize the impact on instructional time when recommending an 5 assessment system for approval by the State Superintendent of 6 Education pursuant to subsection (c) of Section 16-6G-3, the 7 State Superintendent of Education and each local education 8 agency shall minimize the impact on instructional time and 9 teacher paperwork required to comply with the written 10 notification requirements of this subsection.The written 11 notification shall include all of the following: 12 "(1) A statement that the student has been 13 identified as having a deficiency in reading or exhibits the 14 characteristics of dyslexia, and that a reading improvement 15 plan shall be developed by the teacher, principal, other 16 pertinent school personnel, and the parent or legal guardian. 17 "(2) A description of the current services that are 18 provided to the student. 19 "(3) A description of the proposed evidence-based 20 reading interventions and supplemental instructional services 21 and supports that shall be proposed for discussion while 22 establishing the student's reading improvement plan as 23 provided in subsection (d). Page 3 SB200 1 "(4) Notification that the parent or legal guardian 2 shall be informed in writing at least monthly of the progress 3 of the student towards grade level reading. 4 "(5) Strategies and resources for the parent or 5 legal guardian to use at home to help the student succeed in 6 reading. 7 "(6) A statement that if the reading deficiency of 8 the student is not addressed by the end of third grade, the 9 student will not be promoted to fourth grade unless a good 10 cause exemption is satisfied. 11 "(7) A statement that while the statewide reading 12 assessment is the initial determinant for promotion, the 13 assessment is not the sole determiner at the end of third 14 grade. Additionally, students shall be provided with a 15 test-based student portfolio option and an alternative reading 16 assessment option to demonstrate sufficient reading skills for 17 promotion to fourth grade. 18 "(d) Any K-3 student who exhibits a reading 19 deficiency at any time, as provided in subsection (b), shall 20 receive an individual reading improvement plan no later than 21 30 days after the identification of the reading deficiency. 22 "(1) The reading improvement plan shall be created 23 by the teacher, principal, other pertinent school personnel, 24 and the parent or legal guardian of the student, and shall 25 describe the evidence-based reading intervention services, Page 4 SB200 1 including dyslexia specific intervention services, that the 2 student shall receive to improve the reading deficit. 3 "(2) Each identified student shall receive intensive 4 reading intervention until the student no longer has a 5 deficiency in reading, as determined by a State Board of 6 Education approved reading assessment. 7 "(3) Funds allocated to procuring curricula for 8 student interventions pursuant to subdivision (5) of 9 subsection (a) of Section 16-6G-4 shall be divided, based on a 10 per pupil allocation determined by the number of students of 11 each local education agency who are not proficient on a state 12 approved reading assessment during the prior academic year, 13 and distributed by the State Superintendent of Education. 14 "(e) Each local education agency shall provide 15 summer reading camps to all K-3 students identified with a 16 reading deficiency as described in subsection (b). 17 "(1) Summer reading camps shall be staffed with 18 highly effective teachers of reading as demonstrated by 19 student reading performance data, completion of multisensory 20 structured language education, and teacher performance 21 evaluations. 22 "(2) The highly effective teacher of reading shall 23 provide direct, explicit, and systematic reading intervention 24 services and supports to improve any identified area of 25 reading deficiency. Page 5 SB200 1 "(3) Summer reading camps, at a minimum, shall 2 include 70 hours of time in scientifically based reading 3 instruction and intervention. 4 "(4) A State Board of Education approved reading 5 assessment system shall be administered at the beginning and 6 end of the summer reading camp to measure student progress. 7 "(5) Summer reading camps may be held in conjunction 8 with existing summer programs in the school district or in 9 partnership with community-based summer programs, designated 10 as effective by the State Superintendent of Education and the 11 task force established under subsection (a) of Section 12 16-6G-3. 13 "(f) The Alabama Summer Achievement Program is 14 established and shall be available to all K-3 students in 15 public elementary schools that are among the lowest performing 16 five percent of elementary schools. 17 "(1) The program shall be administered and funded by 18 the allocation provided in subdivision (2) of subsection (a) 19 of Section 16-6G-4. 20 "(2) Funds allocated to the program in excess of the 21 amount needed to fully fund summer programs in public 22 elementary schools that are among the lowest five percent 23 performing schools shall be divided, based on a per pupil 24 allocation, and distributed by the State Superintendent of 25 Education, to support high quality summer camps at elementary Page 6 SB200 1 schools that are not among the lowest five percent performing 2 elementary schools. The State Superintendent of Education 3 shall award the funds to each local education agency based on 4 the number of students who scored deficient, as determined by 5 the task force established under subsection (a) of Section 6 16-6G-3, on a state-approved reading assessment used to 7 determine reading proficiency during the administration of the 8 assessment during the preceding academic year. 9 "(3) The State Superintendent of Education shall 10 provide guidelines for the administration of the Alabama 11 Summer Achievement Program, and shall oversee all of the 12 following: 13 "a. The administration of the Alabama Summer 14 Achievement Program in the lowest five percent performing 15 elementary schools. 16 "b. The response to instruction process in the 17 lowest five percent performing elementary schools. 18 "c. The Alabama Reading Initiative regional literacy 19 specialists and local reading specialists. 20 "d. All other aspects of implementation of this 21 chapter including, but not limited to, collaboration among 22 State Department of Education staff and the task force 23 established under subsection (a) of Section 16-6G-3 to improve 24 the reading proficiency of public K-3 students and Page 7 SB200 1 implementation of rules adopted by the State Board of 2 Education. 3 "e. The implementation of rules adopted by the State 4 Board of Education pertaining to dyslexia. 5 "f. Collaboration with the Alabama Reading 6 Initiative state staff and the Alabama Department of Early 7 Childhood Education for appropriate professional learning 8 approved by the State Department of Education. 9 "g. The development of guidelines for identifying 10 the characteristics of dyslexia. 11 "(g) Any incoming third grade student identified 12 with a reading deficiency shall be provided more intensified 13 reading interventions to improve his or her specific reading 14 deficiency. Reading intervention services shall include 15 effective instructional strategies to accelerate student 16 progress. Each local education agency shall conduct a review 17 of student reading improvement plans for all incoming third 18 grade students identified with a reading deficiency. The 19 review shall address additional supports and services, as 20 described in this section, necessary to improve any identified 21 area of reading deficiency. The local education agency shall 22 provide all of the following services for third grade students 23 identified with a reading deficiency, and those services may 24 be funded with funds received through the allocation provided 25 in subdivision (2) of subsection (a) of Section 16-6G-4: Page 8 SB200 1 "(1) An effective or highly effective teacher of 2 reading as demonstrated by student reading performance data 3 and teacher performance evaluations. 4 "(2) Reading intervention services and supports to 5 improve any identified area of reading deficiency including, 6 but not limited to, all of the following: 7 "a. Additional instructional time devoted to 8 scientifically based and evidence based reading instruction 9 and intervention. 10 "b. The use of evidence based reading strategies or 11 programs, or both, that have been vetted and approved by the 12 State Superintendent of Education and the task force 13 established under subsection (a) of Section 16-6G-3, that have 14 demonstrated proven results in accelerating student reading 15 achievement within the same school year. 16 "c. Daily targeted small group reading intervention 17 based on student need. 18 "d. Explicit and systematic instruction with more 19 detailed explanations, more extensive opportunities for guided 20 practice, and more opportunities for error correction and 21 feedback. 22 "e. Frequent monitoring of the progress of the 23 reading skills of each student throughout the school year and 24 adjusting instruction according to student need. Page 9 SB200 1 "(3) Before school or after school, or both, 2 supplemental evidence-based reading intervention delivered by 3 a teacher or tutor with specialized reading training. 4 "(4) A read at home plan, including participation in 5 parent training workshops or regular parent guided home 6 reading activities. 7 "(h) Commencing with the 2021-2022 2023-2024 school 8 year, third grade students shall demonstrate sufficient 9 reading skills for promotion to fourth grade. Students shall 10 be provided all of the following options to demonstrate 11 sufficient reading skills for promotion to fourth grade, and 12 the State Superintendent of Education shall provide guidelines 13 for the implementation of this subsection: 14 "(1) Scoring above the lowest achievement level, as 15 determined by rule of the State Board of Education, on a 16 board-approved assessment in reading as provided in Section 17 16-6G-3. 18 "(2) Earning an acceptable score on an alternative 19 standardized reading assessment as determined and approved by 20 the State Superintendent of Education. 21 "(3) Demonstrating mastery of third grade minimum 22 essential state reading standards as evidenced by a student 23 reading portfolio. The State Superintendent of Education and 24 the task force established under subsection (a) of Section 25 16-6G-3 shall establish criteria for minimum essential Page 10 SB200 1 standards and the student reading portfolios and a definition 2 of what constitutes mastery of all third grade state reading 3 standards. 4 "(i) If a student does not demonstrate sufficient 5 reading skills on one of the three options listed in 6 subsection (h) and does not qualify for a good cause 7 exemption, the student may not be promoted to fourth grade. 8 "(j) A local education agency may only exempt 9 students from mandatory retention, as provided in subsection 10 (i), for good cause. A student who is promoted to fourth grade 11 with a good cause exemption shall continue to receive 12 intensive reading intervention that includes specific reading 13 strategies prescribed in the individual reading improvement 14 plan of the student until the deficiency is improved. The 15 local education agency shall assist schools and teachers with 16 the implementation of reading strategies that research has 17 shown to be successful in improving reading among students 18 with reading difficulties. Good cause exemptions shall be 19 limited to the following: 20 "(1) Students with disabilities whose Individual 21 Education Plan indicates that participation in the statewide 22 assessment program is not appropriate, consistent with state 23 law. Page 11 SB200 1 "(2) Students identified as English language 2 learners who have had less than two years of instruction in 3 English as a second language. 4 "(3) Students with disabilities who participate in 5 the statewide English language arts reading assessment and who 6 have an Individual Education Plan or a Section 504 plan that 7 reflects that the student has received intensive reading 8 intervention for more than two years and who still 9 demonstrates a deficiency in reading and was previously 10 retained in kindergarten, first grade, second grade, or third 11 grade. 12 "(4) Students who have received intensive reading 13 intervention for two or more years and who still demonstrate a 14 deficiency in reading and who were previously retained in 15 kindergarten, first grade, second grade, or third grade for a 16 total of two years. 17 "(k) No student shall be retained more than twice in 18 kindergarten through third grade. 19 "(l) A request to exempt a student from the 20 mandatory retention requirement using one of the good cause 21 exemptions listed in subsection (j) shall be made consistent 22 with the following: 23 "(1) Documentation shall be submitted to the school 24 principal from the teacher of the student that indicates that 25 the promotion of the student is appropriate. Documentation Page 12 SB200 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 Page 13 SB200 1 teacher of reading who has received training in the science of 2 reading and multisensory language instruction, as demonstrated 3 by student reading performance data and teacher performance 4 evaluations; shall have a reduced teacher-student ratio; and 5 shall provide explicit and systematic reading instruction and 6 intervention for the majority of student contact time each 7 day. 8 "(m) Annually, on or before September 30, each local 9 education agency shall report in writing to the State 10 Superintendent of Education the following information on the 11 previous school year: 12 "(1) By grade, the number and percentage of all K-3 13 students identified with a reading deficiency on a State 14 Department of Education approved reading assessment. 15 "(2) By grade, the number and percentage of students 16 screened for dyslexia characteristics, the number and 17 percentage of students identified as demonstrating the 18 characteristics of dyslexia and receiving dyslexia specific 19 intervention, and the name of the dyslexia specific 20 intervention being provided. 21 "(3) By grade, the number and percentage of all K-3 22 students performing on grade level or above on a State Board 23 of Education approved reading assessment. Page 14 SB200 1 "(4) The total number and percentage of students 2 starting third grade with a reading deficiency, which shall 3 include the specific area of reading deficiency. 4 "(5) The total number and percentage of third grade 5 students who started third grade with a reading deficiency but 6 completed third grade on grade level as determined by the 7 third grade state standardized assessment in reading. 8 "(6) By grade, the total number and percentage of 9 eligible K-3 students who attended the Alabama Summer 10 Achievement Program or other mandatory summer reading camp. 11 "(7) By grade, pre- and post-Alabama Summer 12 Achievement Program reading assessment scores and other 13 mandatory summer camp data. 14 "(8) By grade, the number and percentage of all 15 students retained in grades K-3. 16 "(9) The total number and percentage of students in 17 third grade who demonstrated sufficient reading skills for 18 promotion on the alternative reading assessment. 19 "(10) The total number and percentage of students in 20 third grade who were promoted for good cause, by each category 21 of good cause specified in subsection (j). 22 "(11) In succeeding years, the performance of 23 students promoted with a good cause on the state standardized 24 assessment in reading. Page 15 SB200 1 "(12) By school, the number of teachers who are 2 participating in or have completed professional development in 3 the science of reading and who hold advanced certifications in 4 those areas. 5 "(13) By school, the number of teachers who have 6 completed training in dyslexia awareness, multisensory 7 strategies, and satisfy the definition of a dyslexia 8 interventionist as defined by rule of the State Board of 9 Education. 10 "(n) The State Superintendent of Education shall 11 establish a uniform format for local school systems to use in 12 reporting the information required by subsection (m). The 13 format shall be developed with input from local education 14 agencies and shall be provided to each local education agency 15 no later than 90 days before the annual due date. Annually, on 16 or before December 1, the State Superintendent of Education 17 shall compile the information received from the local 18 education agencies into state level summary information and 19 report the information to the State Board of Education, the 20 public, the Governor, the Lieutenant Governor, the President 21 Pro Tempore of the Senate, the Speaker of the House of 22 Representatives, and the Chairs of the House Ways and Means 23 Education Committee and Senate Finance and Taxation Education 24 Committee. Page 16 SB200 1 "(1) The State Superintendent of Education and the 2 task force established under subsection (a) of Section 16-6G-3 3 shall establish annual reading growth and proficiency targets 4 based on the information required to be reported to the 5 superintendent in subsection (m). 6 "(2) Of the funds allocated to the Alabama Reading 7 Initiative pursuant to subdivision (6) of subsection (a) of 8 Section 16-6G-4 for state administration, the State 9 Superintendent of Education may allocate such sums as he or 10 she deems appropriate to establish an Alabama Reading 11 Initiative Incentive Program that shall distribute monetary 12 incentives to schools based on a formula, approved by the 13 State Superintendent of Education with the Alabama Committee 14 on Grade Level Reading created in Section 16-6G-7, that shall 15 factor the size and geography of the school, reading growth 16 and proficiency, and the composition of student subgroups." 17 Section 2. This act shall become effective 18 immediately following its passage and approval by the 19 Governor, or its otherwise becoming law. Page 17 SB200 1 2 3 4 President and Presiding Officer of the Senate 5 6 Speaker of the House of Representatives SB2007 8 Senate 22-FEB-22 9 I hereby certify that the within Act originated in and passed 10 the Senate, as amended. 11 12 Patrick Harris, 13 Secretary. 14 15 16 17 House of Representatives 18 Amended and passed 05-APR-22 19 20 21 Senate concurred in House amendment 05-APR-22 22 23 24 By: Senator Smitherman Page 18