Alabama 2022 Regular Session

Alabama Senate Bill SB78 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB78
2	2	2 216332-1
3	3	3 By Senator Smitherman
4	4	4 RFD: Education Policy
5	5	5 First Read: 13-JAN-22
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7	7	Page 0 1 216332-1:n:01/11/2022:KMS/cr LSA2022-148
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13	13	7
14	14	8 SYNOPSIS: The Alabama Literacy Act requires,
15	15	9 commencing with the 2021-2022 school year, third
16	16	10 grade students to demonstrate specific sufficient
17	17	11 reading skills before being promoted to fourth
18	18	12 grade.
19	19	13 This bill would postpone implementation of
20	20	14 the third grade retention requirement until the
21	21	15 2025-2026 school year.
22	22	16
23	23	17 A BILL
24	24	18 TO BE ENTITLED
25	25	19 AN ACT
26	26	20
27	27	21 Relating to the Alabama Literacy Act; to amend
28	28	22 Section 16-6G-5, Code of Alabama 1975, to postpone
29	29	23 implementation of the third grade retention requirement from
30	30	24 the 2021-2022 school year until the 2025-2026 school year.
31	31	25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
32	32	26 Section 1. Section 16-6G-5 of the Code of Alabama
33	33	27 1975, is amended to read as follows:
34	34	Page 1 1 "§16-6G-5.
35	35	2 "(a) To ensure that public school students are able
36	36	3 to read at or above grade level by the end of third grade,
37	37	4 each local education agency shall offer a comprehensive core
38	38	5 reading program to all students based on the science of
39	39	6 reading which develops foundational reading skills. In
40	40	7 addition, no school district may use any curriculum for public
41	41	8 K-3 students that does not have instructional time included.
42	42	9 "(b) Based on the results of the reading assessment
43	43	10 in Section 16-6G-3, each K-3 student who exhibits a reading
44	44	11 deficiency, or the characteristics of dyslexia, shall be
45	45	12 provided an appropriate reading intervention program to
46	46	13 address his or her specific deficiencies. Additionally,
47	47	14 students shall be evaluated after every grading period and, if
48	48	15 a student is determined to have a reading deficiency, the
49	49	16 school shall provide the student with additional tutorial
50	50	17 support. The State Superintendent of Education shall provide a
51	51	18 list of vetted and approved comprehensive reading and
52	52	19 intervention programs with the advice of the task force
53	53	20 established under subsection (a) of Section 16-6G-3. The
54	54	21 intervention program shall be provided in addition to the
55	55	22 comprehensive core reading instruction that is provided to all
56	56	23 students in the general education classroom. Dyslexia specific
57	57	24 intervention, as defined by rule of the State Board of
58	58	25 Education, shall be provided to students who have the
59	59	26 characteristics of dyslexia and all struggling readers. The
60	60	27 reading intervention program shall do all of the following:
61	61	Page 2 1 "(1) Provide explicit, direct instruction that is
62	62	2 systematic, sequential, and cumulative in language
63	63	3 development, phonological awareness, phonics, fluency,
64	64	4 vocabulary, and comprehension, as applicable.
65	65	5 "(2) Provide daily targeted small group reading
66	66	6 interventions based on student need in phonological awareness,
67	67	7 phonics including decoding and encoding, sight words,
68	68	8 vocabulary, or comprehension.
69	69	9 "(3) Be implemented during regular school hours.
70	70	10 "(c) The parent or legal guardian of any K-3 student
71	71	11 who exhibits a consistent deficiency in letter naming fluency,
72	72	12 letter sound fluency, nonsense word reading, sight words, oral
73	73	13 reading accuracy, vocabulary, or comprehension at any time
74	74	14 during the school year shall be notified in writing no later
75	75	15 than 15 school days after the identification. The written
76	76	16 notification shall include all of the following:
77	77	17 "(1) A statement that the student has been
78	78	18 identified as having a deficiency in reading or exhibits the
79	79	19 characteristics of dyslexia, and that a reading improvement
80	80	20 plan shall be developed by the teacher, principal, other
81	81	21 pertinent school personnel, and the parent or legal guardian.
82	82	22 "(2) A description of the current services that are
83	83	23 provided to the student.
84	84	24 "(3) A description of the proposed evidence-based
85	85	25 reading interventions and supplemental instructional services
86	86	26 and supports that shall be proposed for discussion while
87	87	Page 3 1 establishing the student's reading improvement plan as
88	88	2 provided in subsection (d).
89	89	3 "(4) Notification that the parent or legal guardian
90	90	4 shall be informed in writing at least monthly of the progress
91	91	5 of the student towards grade level reading.
92	92	6 "(5) Strategies and resources for the parent or
93	93	7 legal guardian to use at home to help the student succeed in
94	94	8 reading.
95	95	9 "(6) A statement that if the reading deficiency of
96	96	10 the student is not addressed by the end of third grade, the
97	97	11 student will not be promoted to fourth grade unless a good
98	98	12 cause exemption is satisfied.
99	99	13 "(7) A statement that while the statewide reading
100	100	14 assessment is the initial determinant for promotion, the
101	101	15 assessment is not the sole determiner at the end of third
102	102	16 grade. Additionally, students shall be provided with a
103	103	17 test-based student portfolio option and an alternative reading
104	104	18 assessment option to demonstrate sufficient reading skills for
105	105	19 promotion to fourth grade.
106	106	20 "(d) Any K-3 student who exhibits a reading
107	107	21 deficiency at any time, as provided in subsection (b), shall
108	108	22 receive an individual reading improvement plan no later than
109	109	23 30 days after the identification of the reading deficiency.
110	110	24 "(1) The reading improvement plan shall be created
111	111	25 by the teacher, principal, other pertinent school personnel,
112	112	26 and the parent or legal guardian of the student, and shall
113	113	27 describe the evidence-based reading intervention services,
114	114	Page 4 1 including dyslexia specific intervention services, that the
115	115	2 student shall receive to improve the reading deficit.
116	116	3 "(2) Each identified student shall receive intensive
117	117	4 reading intervention until the student no longer has a
118	118	5 deficiency in reading, as determined by a State Board of
119	119	6 Education approved reading assessment.
120	120	7 "(3) Funds allocated to procuring curricula for
121	121	8 student interventions pursuant to subdivision (5) of
122	122	9 subsection (a) of Section 16-6G-4 shall be divided, based on a
123	123	10 per pupil allocation determined by the number of students of
124	124	11 each local education agency who are not proficient on a state
125	125	12 approved reading assessment during the prior academic year,
126	126	13 and distributed by the State Superintendent of Education.
127	127	14 "(e) Each local education agency shall provide
128	128	15 summer reading camps to all K-3 students identified with a
129	129	16 reading deficiency as described in subsection (b).
130	130	17 "(1) Summer reading camps shall be staffed with
131	131	18 highly effective teachers of reading as demonstrated by
132	132	19 student reading performance data, completion of multisensory
133	133	20 structured language education, and teacher performance
134	134	21 evaluations.
135	135	22 "(2) The highly effective teacher of reading shall
136	136	23 provide direct, explicit, and systematic reading intervention
137	137	24 services and supports to improve any identified area of
138	138	25 reading deficiency.
139	139	Page 5 1 "(3) Summer reading camps, at a minimum, shall
140	140	2 include 70 hours of time in scientifically based reading
141	141	3 instruction and intervention.
142	142	4 "(4) A State Board of Education approved reading
143	143	5 assessment system shall be administered at the beginning and
144	144	6 end of the summer reading camp to measure student progress.
145	145	7 "(5) Summer reading camps may be held in conjunction
146	146	8 with existing summer programs in the school district or in
147	147	9 partnership with community-based summer programs, designated
148	148	10 as effective by the State Superintendent of Education and the
149	149	11 task force established under subsection (a) of Section
150	150	12 16-6G-3.
151	151	13 "(f) The Alabama Summer Achievement Program is
152	152	14 established and shall be available to all K-3 students in
153	153	15 public elementary schools that are among the lowest performing
154	154	16 five percent of elementary schools.
155	155	17 "(1) The program shall be administered and funded by
156	156	18 the allocation provided in subdivision (2) of subsection (a)
157	157	19 of Section 16-6G-4.
158	158	20 "(2) Funds allocated to the program in excess of the
159	159	21 amount needed to fully fund summer programs in public
160	160	22 elementary schools that are among the lowest five percent
161	161	23 performing schools shall be divided, based on a per pupil
162	162	24 allocation, and distributed by the State Superintendent of
163	163	25 Education, to support high quality summer camps at elementary
164	164	26 schools that are not among the lowest five percent performing
165	165	27 elementary schools. The State Superintendent of Education
166	166	Page 6 1 shall award the funds to each local education agency based on
167	167	2 the number of students who scored deficient, as determined by
168	168	3 the task force established under subsection (a) of Section
169	169	4 16-6G-3, on a state-approved reading assessment used to
170	170	5 determine reading proficiency during the administration of the
171	171	6 assessment during the preceding academic year.
172	172	7 "(3) The State Superintendent of Education shall
173	173	8 provide guidelines for the administration of the Alabama
174	174	9 Summer Achievement Program, and shall oversee all of the
175	175	10 following:
176	176	11 "a. The administration of the Alabama Summer
177	177	12 Achievement Program in the lowest five percent performing
178	178	13 elementary schools.
179	179	14 "b. The response to instruction process in the
180	180	15 lowest five percent performing elementary schools.
181	181	16 "c. The Alabama Reading Initiative regional literacy
182	182	17 specialists and local reading specialists.
183	183	18 "d. All other aspects of implementation of this
184	184	19 chapter including, but not limited to, collaboration among
185	185	20 State Department of Education staff and the task force
186	186	21 established under subsection (a) of Section 16-6G-3 to improve
187	187	22 the reading proficiency of public K-3 students and
188	188	23 implementation of rules adopted by the State Board of
189	189	24 Education.
190	190	25 "e. The implementation of rules adopted by the State
191	191	26 Board of Education pertaining to dyslexia.
192	192	Page 7 1 "f. Collaboration with the Alabama Reading
193	193	2 Initiative state staff and the Alabama Department of Early
194	194	3 Childhood Education for appropriate professional learning
195	195	4 approved by the State Department of Education.
196	196	5 "g. The development of guidelines for identifying
197	197	6 the characteristics of dyslexia.
198	198	7 "(g) Any incoming third grade student identified
199	199	8 with a reading deficiency shall be provided more intensified
200	200	9 reading interventions to improve his or her specific reading
201	201	10 deficiency. Reading intervention services shall include
202	202	11 effective instructional strategies to accelerate student
203	203	12 progress. Each local education agency shall conduct a review
204	204	13 of student reading improvement plans for all incoming third
205	205	14 grade students identified with a reading deficiency. The
206	206	15 review shall address additional supports and services, as
207	207	16 described in this section, necessary to improve any identified
208	208	17 area of reading deficiency. The local education agency shall
209	209	18 provide all of the following services for third grade students
210	210	19 identified with a reading deficiency, and those services may
211	211	20 be funded with funds received through the allocation provided
212	212	21 in subdivision (2) of subsection (a) of Section 16-6G-4:
213	213	22 "(1) An effective or highly effective teacher of
214	214	23 reading as demonstrated by student reading performance data
215	215	24 and teacher performance evaluations.
216	216	25 "(2) Reading intervention services and supports to
217	217	26 improve any identified area of reading deficiency including,
218	218	27 but not limited to, all of the following:
219	219	Page 8 1 "a. Additional instructional time devoted to
220	220	2 scientifically based and evidence based reading instruction
221	221	3 and intervention.
222	222	4 "b. The use of evidence based reading strategies or
223	223	5 programs, or both, that have been vetted and approved by the
224	224	6 State Superintendent of Education and the task force
225	225	7 established under subsection (a) of Section 16-6G-3, that have
226	226	8 demonstrated proven results in accelerating student reading
227	227	9 achievement within the same school year.
228	228	10 "c. Daily targeted small group reading intervention
229	229	11 based on student need.
230	230	12 "d. Explicit and systematic instruction with more
231	231	13 detailed explanations, more extensive opportunities for guided
232	232	14 practice, and more opportunities for error correction and
233	233	15 feedback.
234	234	16 "e. Frequent monitoring of the progress of the
235	235	17 reading skills of each student throughout the school year and
236	236	18 adjusting instruction according to student need.
237	237	19 "(3) Before school or after school, or both,
238	238	20 supplemental evidence-based reading intervention delivered by
239	239	21 a teacher or tutor with specialized reading training.
240	240	22 "(4) A read at home plan, including participation in
241	241	23 parent training workshops or regular parent guided home
242	242	24 reading activities.
243	243	25 "(h) Commencing with the 2021-2022 2025-2026 school
244	244	26 year, third grade students shall demonstrate sufficient
245	245	27 reading skills for promotion to fourth grade. Students shall
246	246	Page 9 1 be provided all of the following options to demonstrate
247	247	2 sufficient reading skills for promotion to fourth grade, and
248	248	3 the State Superintendent of Education shall provide guidelines
249	249	4 for the implementation of this subsection:
250	250	5 "(1) Scoring above the lowest achievement level, as
251	251	6 determined by rule of the State Board of Education, on a
252	252	7 board-approved assessment in reading as provided in Section
253	253	8 16-6G-3.
254	254	9 "(2) Earning an acceptable score on an alternative
255	255	10 standardized reading assessment as determined and approved by
256	256	11 the State Superintendent of Education.
257	257	12 "(3) Demonstrating mastery of third grade minimum
258	258	13 essential state reading standards as evidenced by a student
259	259	14 reading portfolio. The State Superintendent of Education and
260	260	15 the task force established under subsection (a) of Section
261	261	16 16-6G-3 shall establish criteria for minimum essential
262	262	17 standards and the student reading portfolios and a definition
263	263	18 of what constitutes mastery of all third grade state reading
264	264	19 standards.
265	265	20 "(i) If a student does not demonstrate sufficient
266	266	21 reading skills on one of the three options listed in
267	267	22 subsection (h) and does not qualify for a good cause
268	268	23 exemption, the student may not be promoted to fourth grade.
269	269	24 "(j) A local education agency may only exempt
270	270	25 students from mandatory retention, as provided in subsection
271	271	26 (i), for good cause. A student who is promoted to fourth grade
272	272	27 with a good cause exemption shall continue to receive
273	273	Page 10 1 intensive reading intervention that includes specific reading
274	274	2 strategies prescribed in the individual reading improvement
275	275	3 plan of the student until the deficiency is improved. The
276	276	4 local education agency shall assist schools and teachers with
277	277	5 the implementation of reading strategies that research has
278	278	6 shown to be successful in improving reading among students
279	279	7 with reading difficulties. Good cause exemptions shall be
280	280	8 limited to the following:
281	281	9 "(1) Students with disabilities whose Individual
282	282	10 Education Plan indicates that participation in the statewide
283	283	11 assessment program is not appropriate, consistent with state
284	284	12 law.
285	285	13 "(2) Students identified as English language
286	286	14 learners who have had less than two years of instruction in
287	287	15 English as a second language.
288	288	16 "(3) Students with disabilities who participate in
289	289	17 the statewide English language arts reading assessment and who
290	290	18 have an Individual Education Plan or a Section 504 plan that
291	291	19 reflects that the student has received intensive reading
292	292	20 intervention for more than two years and who still
293	293	21 demonstrates a deficiency in reading and was previously
294	294	22 retained in kindergarten, first grade, second grade, or third
295	295	23 grade.
296	296	24 "(4) Students who have received intensive reading
297	297	25 intervention for two or more years and who still demonstrate a
298	298	26 deficiency in reading and who were previously retained in
299	299	Page 11 1 kindergarten, first grade, second grade, or third grade for a
300	300	2 total of two years.
301	301	3 "(k) No student shall be retained more than twice in
302	302	4 kindergarten through third grade.
303	303	5 "(l) A request to exempt a student from the
304	304	6 mandatory retention requirement using one of the good cause
305	305	7 exemptions listed in subsection (j) shall be made consistent
306	306	8 with the following:
307	307	9 "(1) Documentation shall be submitted to the school
308	308	10 principal from the teacher of the student that indicates that
309	309	11 the promotion of the student is appropriate. Documentation
310	310	12 shall include a statement identifying which good cause
311	311	13 exemption is requested, as well as the existing reading
312	312	14 improvement plan or Individual Education Plan of the student,
313	313	15 as applicable.
314	314	16 "(2) The school principal shall review the
315	315	17 recommendation of the teacher, determine if the student meets
316	316	18 one of the good cause exemptions, and shall make his or her
317	317	19 determination in writing to the local superintendent of
318	318	20 education. The local superintendent of education, in writing,
319	319	21 shall approve or reject the recommendation of the school
320	320	22 principal.
321	321	23 "(3) The local education agency shall assist schools
322	322	24 under its jurisdiction in providing written notification to
323	323	25 the parent of any student who is retained in third grade for
324	324	26 not achieving the reading level required for promotion. Notice
325	325	27 shall clearly state the reasons why the student is not
326	326	Page 12 1 eligible for a good cause exemption and shall include a
327	327	2 description of the proposed interventions and supports that
328	328	3 shall be provided to the student to improve any identified
329	329	4 area of reading deficiency during the retained year.
330	330	5 "(4) There shall be established at each school, as
331	331	6 applicable, an intensive acceleration for any student retained
332	332	7 in third grade. In addition to the criteria established in
333	333	8 subdivisions (1) to (4), inclusive, of subsection (g), the
334	334	9 intensive acceleration shall be taught by a highly effective
335	335	10 teacher of reading who has received training in the science of
336	336	11 reading and multisensory language instruction, as demonstrated
337	337	12 by student reading performance data and teacher performance
338	338	13 evaluations; shall have a reduced teacher-student ratio; and
339	339	14 shall provide explicit and systematic reading instruction and
340	340	15 intervention for the majority of student contact time each
341	341	16 day.
342	342	17 "(m) Annually, on or before September 30, each local
343	343	18 education agency shall report in writing to the State
344	344	19 Superintendent of Education the following information on the
345	345	20 previous school year:
346	346	21 "(1) By grade, the number and percentage of all K-3
347	347	22 students identified with a reading deficiency on a State
348	348	23 Department of Education approved reading assessment.
349	349	24 "(2) By grade, the number and percentage of students
350	350	25 screened for dyslexia characteristics, the number and
351	351	26 percentage of students identified as demonstrating the
352	352	27 characteristics of dyslexia and receiving dyslexia specific
353	353	Page 13 1 intervention, and the name of the dyslexia specific
354	354	2 intervention being provided.
355	355	3 "(3) By grade, the number and percentage of all K-3
356	356	4 students performing on grade level or above on a State Board
357	357	5 of Education approved reading assessment.
358	358	6 "(4) The total number and percentage of students
359	359	7 starting third grade with a reading deficiency, which shall
360	360	8 include the specific area of reading deficiency.
361	361	9 "(5) The total number and percentage of third grade
362	362	10 students who started third grade with a reading deficiency but
363	363	11 completed third grade on grade level as determined by the
364	364	12 third grade state standardized assessment in reading.
365	365	13 "(6) By grade, the total number and percentage of
366	366	14 eligible K-3 students who attended the Alabama Summer
367	367	15 Achievement Program or other mandatory summer reading camp.
368	368	16 "(7) By grade, pre- and post-Alabama Summer
369	369	17 Achievement Program reading assessment scores and other
370	370	18 mandatory summer camp data.
371	371	19 "(8) By grade, the number and percentage of all
372	372	20 students retained in grades K-3.
373	373	21 "(9) The total number and percentage of students in
374	374	22 third grade who demonstrated sufficient reading skills for
375	375	23 promotion on the alternative reading assessment.
376	376	24 "(10) The total number and percentage of students in
377	377	25 third grade who were promoted for good cause, by each category
378	378	26 of good cause specified in subsection (j).
379	379	Page 14 1 "(11) In succeeding years, the performance of
380	380	2 students promoted with a good cause on the state standardized
381	381	3 assessment in reading.
382	382	4 "(12) By school, the number of teachers who are
383	383	5 participating in or have completed professional development in
384	384	6 the science of reading and who hold advanced certifications in
385	385	7 those areas.
386	386	8 "(13) By school, the number of teachers who have
387	387	9 completed training in dyslexia awareness, multisensory
388	388	10 strategies, and satisfy the definition of a dyslexia
389	389	11 interventionist as defined by rule of the State Board of
390	390	12 Education.
391	391	13 "(n) The State Superintendent of Education shall
392	392	14 establish a uniform format for local school systems to use in
393	393	15 reporting the information required by subsection (m). The
394	394	16 format shall be developed with input from local education
395	395	17 agencies and shall be provided to each local education agency
396	396	18 no later than 90 days before the annual due date. Annually, on
397	397	19 or before December 1, the State Superintendent of Education
398	398	20 shall compile the information received from the local
399	399	21 education agencies into state level summary information and
400	400	22 report the information to the State Board of Education, the
401	401	23 public, the Governor, the Lieutenant Governor, the President
402	402	24 Pro Tempore of the Senate, the Speaker of the House of
403	403	25 Representatives, and the Chairs of the House Ways and Means
404	404	26 Education Committee and Senate Finance and Taxation Education
405	405	27 Committee.
406	406	Page 15 1 "(1) The State Superintendent of Education and the
407	407	2 task force established under subsection (a) of Section 16-6G-3
408	408	3 shall establish annual reading growth and proficiency targets
409	409	4 based on the information required to be reported to the
410	410	5 superintendent in subsection (m).
411	411	6 "(2) Of the funds allocated to the Alabama Reading
412	412	7 Initiative pursuant to subdivision (6) of subsection (a) of
413	413	8 Section 16-6G-4 for state administration, the State
414	414	9 Superintendent of Education may allocate such sums as he or
415	415	10 she deems appropriate to establish an Alabama Reading
416	416	11 Initiative Incentive Program that shall distribute monetary
417	417	12 incentives to schools based on a formula, approved by the
418	418	13 State Superintendent of Education with the Alabama Committee
419	419	14 on Grade Level Reading created in Section 16-6G-7, that shall
420	420	15 factor the size and geography of the school, reading growth
421	421	16 and proficiency, and the composition of student subgroups."
422	422	17 Section 2. This act shall become effective
423	423	18 immediately following its passage and approval by the
424	424	19 Governor, or its otherwise becoming law.
425	425	Page 16