General Assembly Substitute Bill No. 5350
February Session, 2012 *_____HB05350ED_APP031512____*
General Assembly
Substitute Bill No. 5350
February Session, 2012
*_____HB05350ED_APP031512____*
AN ACT CONCERNING ACHIEVING UNIVERSAL LITERACY BY GRADE THREE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2012) On or before July 1, 2014, the Department of Education shall develop and implement a coordinated state-wide reading program for students in kindergarten to grade three, inclusive, that contains strategies and frameworks that are research-driven to produce effective reading instruction and improvement in student performance. Such program shall be implemented by local and regional boards of education for the school year commencing July 1, 2014, and each school year thereafter, and shall require: (1) The alignment of reading standards, instruction and assessments for students in kindergarten to grade three, inclusive; (2) teachers to use data on the progress of all students to adjust and differentiate instructional practices to improve student reading success; (3) the collection of information about each student's reading background, level and progress so that teachers can use such information to assist in the transition of a student's promotion to the next grade level; (4) an intervention for each student who is not making adequate progress in reading to help such student read at the appropriate grade level; (5) enhanced reading instruction for students who are reading at or above their grade level; (6) the coordination of reading instruction activities between parents, students, teachers and administrators of the school district at home and in school; (7) school district reading plans, as described in section 2 of this act; (8) parental involvement by providing parents and guardians of students with opportunities for partnering with teachers and school administrators to (A) create an optimal learning environment, and (B) receive updates on the reading progress of their student; (9) teacher training and reading performance tests be aligned with teacher preparation courses and professional development activities; (10) incentives for teachers and schools that have demonstrated significant reading improvement in student reading, in accordance with the provisions of section 13 of this act; (11) research-based literacy training for early childhood care and education providers and instructors working with children birth to five years of age, inclusive; (12) the alignment of reading instruction with the common core state standards adopted by the State Board of Education; and (13) the retention of any student in grade three who does not achieve a satisfactory score on the reading component of the state-wide mastery examination pursuant to section 10-14n of the general statutes, as amended by this act, except as provided in subsection (d) of section 6 of this act, and require such student to complete an intensive summer school reading instruction program or an intensive accelerated reading class, described in section 6 of this act, so that such student can read at a grade four level.
Sec. 2. (NEW) (Effective July 1, 2012) For the school year commencing July 1, 2014, and each school year thereafter, each local and regional board of education shall develop and implement a school district reading plan as part of the coordinated state-wide reading program, described in section 1 of this act, in the schools under the jurisdiction of the board. Such school district reading plan shall outline, at a minimum, how (1) reading data will be collected, analyzed and used for purposes of instructional development, (2) professional development will be related to reading data analysis and used to support individual teacher needs, (3) the school district will communicate with parents and guardians of students on reading instruction strategies and student reading performance goals, and on opportunities for parents and guardians to partner with teachers and school administrators to improve reading at home and at school, (4) teachers will be trained in the science of teaching reading, (5) such school district reading plan will be monitored at the school and classroom level, in accordance with the provisions of section 3 of this act, and (6) the school district will incorporate leadership, curriculum and instruction, professional development and student assessment to improve student reading performance.
Sec. 3. (NEW) (Effective July 1, 2012) Each local and regional board of education shall annually monitor the implementation of the school district reading plan, as described in section 2 of this act, at the school and classroom level for the purpose of making improvements to such school district reading plan. As part of such monitoring, the local or regional board of education shall include, but not be limited to, a determination of whether the reading curriculum, strategies and interventions are achieving the student performance goals set forth in the school district reading plan. The local or regional board of education shall annually submit a report to the Department of Education that shall include, (1) the results of such monitoring conducted pursuant to this section, and (2) an explanation of student reading assessments used and how student reading performance data from such assessments will be collected and how often such data will be analyzed.
Sec. 4. (NEW) (Effective July 1, 2012) (a) For the school year commencing July 1, 2014, and each school year thereafter, each local and regional board of education shall provide supplemental reading instruction to students in kindergarten to grade three, inclusive, who are reading deficient, as identified by the reading assessment described in section 5 of this act, and are in danger of being retained in the same grade. Such supplemental reading instruction shall be provided during regular school hours in addition to the regular reading instruction period and be aligned with the remediation plan, described in subsection (b) of this section, developed for such student.
(b) A reading remediation plan shall be developed for each student in kindergarten to grade three, inclusive, who has been identified as having a reading deficiency to address and correct the reading deficiency of such student. Such remediation plan shall include alternative instructional strategies that utilize research based reading instruction materials and teachers trained in reading instruction, parental involvement in the development and implementation of the remediation plan and regular progress reports on such student. Such remediation plan may include an extended school day, participation in an after school reading program, Saturday sessions, an extended school year or transition classes.
(c) The principal of the school shall notify the parent or guardian of any student in kindergarten to grade three, inclusive, who has been identified as having a reading deficiency. Such notice shall be in writing and include, (1) an explanation of why such student is deficient in reading, (2) inform such parent or guardian that such student will receive supplemental reading instruction and that a remediation plan, as described in subsection (b) of this section, will be developed for such student to provide supplemental reading instruction, including strategies for the parent or guardian to use at home with such student, and (3) a statement that if such student is deficient in reading at the end of grade three and cannot achieve a satisfactory score on the reading component of the state-wide mastery examination pursuant to section 10-14n of the general statutes, as amended by this act, that such student shall (A) not be promoted to grade four unless such student satisfies one of the exceptions described in subsection (d) of section 6 of this act, and (B) be enrolled in an intensive summer school reading instruction program, pursuant to subsection (b) of section 6 of this act.
Sec. 5. (NEW) (Effective July 1, 2012) On or before July 1, 2014, the Department of Education shall develop or approve reading assessments for use by local and regional boards of education to identify students in kindergarten to grade three, inclusive, who are reading deficient and require the supplemental reading instruction described in section 4 of this act, provided any reading assessments developed or approved by the department include frequent screening and progress monitoring of students. Such reading assessments shall (1) measure phonics, phonemic awareness, fluency, vocabulary, and comprehension, (2) provide opportunities for periodic formative assessment during the school year, (3) produce data that is useful for assisting in the development of individual and classroom instruction, and (4) be compatible with best practices in reading instruction and research.
Sec. 6. (NEW) (Effective July 1, 2012) (a) Except as otherwise provided in subsection (d) of this section, for the school year commencing July 1, 2014, and each school year thereafter, no student in grade three shall be promoted to grade four if such student does not achieve a satisfactory score on the reading component of the state-wide mastery examination pursuant to section 10-14n of the general statutes, as amended by this act, and shall complete an intensive summer school reading instruction program described in subsection (b) of this section and be enrolled in an intensive accelerated reading class described in subsection (c) of this section.
(b) Any student who has not been promoted to grade four under this section shall be enrolled in an intensive summer school reading instruction program. Such intensive summer school reading instruction program shall include, (1) a comprehensive reading intervention program, (2) scientifically-based reading research strategies and interventions, (3) curricula that was not used during the previous school year and supplemental and intervention materials that were not used during the previous school year, (4) diagnostic assessments administered to a student prior to or during an intensive summer school reading instruction program to determine such student's particularized need for instruction, (5) teachers who are trained in the teaching of reading and reading assessment and intervention, (6) weekly progress monitoring to assess the reading progress of such student and tailor instruction for such student, and (7) the opportunity to retake the reading component of the state-wide mastery examination pursuant to section 10-14n of the general statutes, as amended by this act, at the conclusion of the intensive summer school program and the opportunity to promote such student to grade four if such student achieves a satisfactory score on such examination.
(c) (1) An intensive accelerated reading class shall be designed to improve the reading level of each student during the school year. Such intensive accelerated reading class shall include: (A) A reduced student to teacher ratio, (B) a ninety-minute period of uninterrupted reading instruction during the school day, (C) opportunities to master grade four standards in other core academic subject areas, (D) a scientifically-based reading research program that has proven results in accelerating student reading achievement within the same school year, (E) intensive language and vocabulary instruction using a scientifically-based reading research program and a speech and language therapist, (F) weekly monitoring of student reading progress, (G) personalized teaching strategies and methods tailored to the particular needs of such student, (H) a teacher who has been trained in reading instruction, and (I) the provision of at least one of the following instructional options: (i) Before or after school tutoring, (ii) parent workshops and a parent-guided home reading program, (iii) a mentor or tutor with specialized reading training, (iv) extended school day programs, or (v) supplemental educational services.
(2) Any student who completes the intensive accelerated reading class under this subsection but who did not achieve a satisfactory score on the reading component of the state-wide mastery examination pursuant to section 10-14n of the general statutes, as amended by this act, may be placed in a transitional instructional setting. Such transitional instructional setting shall be individually designed for such student to help achieve grade four performance standards and remediate reading deficiencies.
(3) Each local and regional board of education shall submit reports to the Department of Education, at such time and in such manner as prescribed by the department, on (A) student reading progress for the students enrolled in the intensive accelerated reading class based on the data collected from the screening and progress monitoring of such students using the reading assessments described in section 5 of this act, and (B) the specific reading interventions and supports implemented as part of the intensive accelerated reading class.
(d) (1) A student in grade three who does not achieve a satisfactory score on the reading component of the state-wide mastery examination pursuant to section 10-14n of the general statutes, as amended by this act, may be promoted to grade four if such student (A) (i) is a limited English proficient student who has received less than two years of instruction in a program to assist English language learners, (ii) is receiving special education services and the individualized education program states that the grade reading examination is not appropriate for such student, (iii) demonstrates an acceptable level of performance on an alternative standardized reading assessment, approved by the State Board of Education, (iv) demonstrates through a student portfolio that such student is reading at an acceptable grade level, (v) is a student with disabilities whose individualized education program indicates that such student has received intensive remediation in reading for more than two school years but still demonstrates a deficiency in reading and who has been retained in kindergarten or grades one to three, inclusive, or (vi) is a student who has received intensive remediation in reading through a program of reading instruction for two or more years but still demonstrates a deficiency in reading and who has been retained in kindergarten or grades one to three, inclusive, at least twice, and (B) the teacher of such student recommends to the principal of the school that promotion is appropriate based on the record of such student.
(2) Any student promoted to grade four pursuant to this subsection shall be provided additional reading instruction during the school day. Such additional reading instruction shall be based on special diagnostic information and include specific reading strategies for each student.
(e) Any student retained in grade three pursuant to this section may be eligible to be promoted (1) prior to the student's grade three school year if such student completes the intensive summer school reading instruction program described in subsection (b) of this section and is able to achieve a satisfactory score on the reading component of the state-wide mastery examination pursuant to section 10-14n of the general statutes, as amended by this act, or (2) during the student's grade three school year if such student is able to achieve a satisfactory score on the reading component of the state-wide mastery examination pursuant to section 10-14n of the general statutes, as amended by this act, and demonstrate proficiency in grade four reading skills.
Sec. 7. Subsection (f) of section 10-14n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(f) [No] (1) On and after July 1, 2014, any student in grade three who does not achieve a satisfactory score on the reading component of the state-wide mastery examination shall (A) be retained in grade three, except as provided in subsection (d) of section 6 of this act, and (B) be enrolled in an intensive summer school reading instruction program and an intensive accelerated reading class, pursuant to section 6 of this act.
(2) Except as otherwise provided in subdivision (1) of this subsection, no such public school or endowed or incorporated high school or academy may require achievement of a satisfactory score on the state-wide mastery examination, or any subsequent retest on a component of such examination as the sole criterion of promotion or graduation.
Sec. 8. (NEW) (Effective July 1, 2012) (a) Any local or regional board of education identified by the Department of Education that disproportionately and inappropriately identifies minority students as requiring special education services because such students have a reading deficiency, in contravention of the provisions of subparagraph (A) of subdivision (4) of subsection (a) of section 10-76ff of the general statutes, shall annually submit a report to the department on the plan adopted by such board that reduces the misidentification of such minority students by improving reading assessments and interventions for students in kindergarten to grade three, inclusive.
(b) The Department of Education shall study the plans and strategies used by a local or regional board of education that demonstrate improvement in the reduction of the misidentification of minority students requiring special education under this section. Such study shall examine the correlation between improvements in teacher training in the science of reading and the reduction in misidentification of students requiring special education services.
(c) For purposes of this section, "minority students" means those whose race is defined as other than white, or whose ethnicity is defined as Hispanic or Latino by the federal Office of Management and Budget for use by the Bureau of Census of the United States Department of Commerce.
Sec. 9. (NEW) (Effective July 1, 2012) For the school year commencing July 1, 2014, and each school year thereafter, all certified employees who hold an initial, provisional or professional educator certificate with an early childhood nursery through grade three or an elementary endorsement and are employed in a position requiring such an endorsement in kindergarten to grade three, inclusive, shall achieve a satisfactory score on the reading instruction examination approved by the State Board of Education on April 1, 2009. Such teachers shall have three opportunities to achieve a satisfactory score on such examination. Any teacher who does not achieve a satisfactory score on such examination shall complete five hours of continuing education training pursuant to subparagraph (A) of subdivision (1) of subsection (i) of section 10-145b of the general statutes, as amended by this act, and retake such examination not later than six months after the initial examination. Any teacher who does not achieve a satisfactory score on the second examination shall retake such examination not later than one year after the initial examination. Any teacher who does not achieve a satisfactory score on the third examination shall no longer be eligible to teach students in kindergarten to grade three, inclusive, and the local or regional board of education shall reassign such teacher to another position.
Sec. 10. Subdivision (1) of subsection (i) of section 10-145b of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(i) (1) For certified employees of local and regional boards of education or nonpublic schools, except as provided in this subdivision, each professional educator certificate shall be valid for five years and continued every five years thereafter upon the successful completion of professional development activities which shall consist of not less than ninety hours of continuing education, as determined by the employing local or regional board of education or the employing supervisory agent of a nonpublic school approved by the State Board of Education in accordance with this section, or documented completion of a national board certification assessment in the appropriate endorsement area, during each successive five-year period. (A) Such continuing education completed by certified employees with an early childhood nursery through grade three or an elementary endorsement who hold a position requiring such an endorsement shall include at least [fifteen] thirty hours of training in the teaching of reading and reading readiness and assessment of reading performance, including systematic methods of teaching language skills necessary for reading, reading comprehension skills, phonics, phonemic awareness, fluency, vocabulary and the structure of the English language during each five-year period. Such training shall be based on scientifically-based reading research approved by the Department of Education. (B) Such continuing education requirement completed by certified employees with elementary, middle grades or secondary academic endorsements who hold a position requiring such an endorsement shall include at least fifteen hours of training in the use of computers in the classroom during each five-year period unless such employees are able to demonstrate technology competency, in a manner determined by their local or regional board of education, based on state-wide standards for teacher competency in the use of technology for instructional purposes adopted pursuant to section 4d-85. (C) Such continuing education completed by (i) the superintendent of schools, and (ii) employees employed in positions requiring an intermediate administrator or supervisory certificate, or the equivalent thereof, and whose administrative or supervisory duties equal at least fifty per cent of their assigned time, shall include at least fifteen hours of training in the evaluation of teachers pursuant to section 10-151b during each five-year period. (D) In the case of certified employees with a bilingual education endorsement who hold positions requiring such an endorsement (i) in an elementary school and who do not hold an endorsement in elementary education, such continuing education taken on or after July 1, 1999, shall only count toward the ninety-hour requirement if it is in language arts, reading and mathematics, and (ii) in a middle or secondary school and who do not hold an endorsement in the subject area they teach, such continuing education taken on or after July 1, 1999, shall only count toward the ninety-hour requirement if it is in such subject area or areas. On and after July 1, 2011, such continuing education shall be as determined by the local or regional board of education in full consideration of the provisions of this section and the priorities and needs related to student outcomes as determined by the State Board of Education. During each five-year period in which a professional educator certificate is valid, a holder of such certificate who has not completed the ninety hours of continuing education required pursuant to this subdivision, and who has not been employed while holding such certificate by a local or regional board of education for all or part of the five-year period, shall, upon application, be reissued such certificate for five years minus any period of time such holder was employed while holding such certificate by a local or regional board of education, provided there shall be only one such reissuance during each five-year period in which such certificate is valid. A certified employee of a local or regional board of education who is a member of the General Assembly and who has not completed the ninety hours of continuing education required pursuant to this subdivision for continuation of a certificate, upon application, shall be reissued a professional educator certificate for a period of time equal to six months for each year the employee served in the General Assembly during the previous five years. Continuing education hours completed during the previous five years shall be applied toward such ninety-hour requirement which shall be completed during the reissuance period in order for such employee to be eligible to have a certificate continued. The cost of the professional development activities required under this subsection for certified employees of local or regional boards of education shall be shared by the state and local or regional boards of education, except for those activities identified by the State Board of Education as the responsibility of the certificate holder. Each local and regional board of education shall make available, annually, at no cost to its certified employees not fewer than eighteen hours of professional development activities for continuing education credit. Such activities may be made available by a board of education directly, through a regional educational service center or cooperative arrangement with another board of education or through arrangements with any continuing education provider approved by the State Board of Education. Local and regional boards of education shall grant continuing education credit for professional development activities which the certified employees of the board of education are required to attend, professional development activities offered in accordance with the plan developed pursuant to subsection (b) of section 10-220a, or professional development activities which the board may approve for any individual certified employee. Each board of education shall determine the specific professional development activities to be made available with the advice and assistance of the teachers employed by such board, including representatives of the exclusive bargaining unit for such teachers pursuant to section 10-153b, and on and after July 1, 2011, in full consideration of priorities and needs related to student outcomes as determined by the State Board of Education. The time and location for the provision of such activities shall be in accordance with either an agreement between the board of education and the exclusive bargaining unit pursuant to said section 10-153b or, in the absence of such agreement or to the extent such agreement does not provide for the time and location of all such activities, in accordance with a determination by the board of education.
Sec. 11. (NEW) (Effective July 1, 2012) (a) On or before July 1, 2014, the Commissioner of Education shall create a program of professional development in reading instruction for teachers. Such program of professional development shall (1) count towards the continuing education requirements pursuant to section 10-145b of the general statutes, as amended by this act, (2) be based on data collected from student reading assessments, (3) provide differentiated and intensified training in reading instruction for teachers, (4) be used to identify mentor teachers who will train teachers in reading instruction, and (5) outline how model classrooms will be established in schools for reading instruction.
(b) The Commissioner of Education shall annually review the continuing education training required under subdivision (1) of subsection (i) of section 10-145b of the general statutes, as amended by this act, for certified employees who hold a professional educator certificate with an early childhood nursery through grade three or an elementary endorsement and who hold a position requiring such an endorsement. The commissioner shall assess whether such training meets the state goals for student academic achievement through implementation of the common core state standards adopted by the State Board of Education, research-based interventions and the Individuals With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time. The commissioner shall submit such review to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 12. Subsection (f) of section 10-145d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(f) An endorsement to teach elementary education grades one to six, inclusive, shall be valid for grades kindergarten to six, inclusive, and an endorsement to teach comprehensive special education grades one to twelve, inclusive, shall be valid for grades kindergarten to twelve, inclusive, provided any certified employee with such comprehensive special education endorsement achieves a satisfactory score on the reading instruction examination approved by the State Board of Education on April 1, 2009.
Sec. 13. (NEW) (Effective July 1, 2012) (a) On or before July 1, 2014, the Commissioner of Education shall establish, within available appropriations, an incentive program for teachers who demonstrate improvement in student reading for students in kindergarten to grade three, inclusive, for a three-year period. Such incentives may include, but not be limited to, (1) a master teacher designation for teachers who have significantly improved student reading skills in the classroom, (2) performance bonuses, and (3) an option to delay the expiration of a teacher's certificate for any teacher who has been designated as a master teacher. The commissioner shall evaluate teachers under such program by measuring improvements within the population of the school in which such teacher is employed.
(b) On or before July 1, 2014, the Commissioner of Education shall establish, within available appropriations, an incentive program for schools that (1) increase by ten per cent the number of students who meet or exceed the state-wide goal level in reading on the state-wide examination under section 10-14n of the general statutes, as amended by this act, and (2) demonstrate the methodology and instruction used by the school to improve student reading skills and scores on such state-wide examination.
Sec. 14. Subsection (d) of section 10-265f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(d) In the case of proposals for intensive early intervention reading programs including after-school and summer programs, the plan shall: (1) Incorporate the competencies required for early reading success, critical indicators for teacher intervention and the components of a high quality early reading success curriculum in accordance with the findings of the Early Reading Success Panel delineated in section 10-221l; (2) provide for a period of time each day of individualized or small group instruction for each student; (3) provide for monitoring of programs and students and follow-up in subsequent grades, documentation of continuous classroom observation of students' reading behaviors and establishment of performance indicators aligned with the state-wide mastery examinations under chapter 163c, measures of efficacy of programs developed by the department pursuant to subsection (i) of this section, the findings of the Early Reading Success Panel pursuant to section 10-221j; [and other methodologies for assessing reading competencies established by the department pursuant to section 10-221i;] (4) include a professional development component for teachers in grades kindergarten to three, inclusive, that emphasizes the teaching of reading and reading readiness and assessment of reading competency based on the findings of the Early Reading Success Panel pursuant to section 10-221j; (5) provide for on-site teacher training and coaching in the implementation of research-based reading instruction delineated in section 10-221l; (6) provide for parental involvement and ensure that parents have access to information on strategies that may be used at home to improve prereading or reading skills; (7) provide for data collection and program evaluation; and (8) include any additional information the commissioner deems relevant. Each school district that receives grant funds under this section shall annually report to the Department of Education on the district's progress toward reducing the achievement gap in reading, including data on student progress in reading and how such data have been used to guide professional development and the coaching process.
Sec. 15. Sections 10-221h and 10-221i of the general statutes are repealed. (Effective July 1, 2012)
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2012 New section
Sec. 2 July 1, 2012 New section
Sec. 3 July 1, 2012 New section
Sec. 4 July 1, 2012 New section
Sec. 5 July 1, 2012 New section
Sec. 6 July 1, 2012 New section
Sec. 7 July 1, 2012 10-14n(f)
Sec. 8 July 1, 2012 New section
Sec. 9 July 1, 2012 New section
Sec. 10 July 1, 2012 10-145b(i)(1)
Sec. 11 July 1, 2012 New section
Sec. 12 July 1, 2012 10-145d(f)
Sec. 13 July 1, 2012 New section
Sec. 14 July 1, 2012 10-265f(d)
Sec. 15 July 1, 2012 Repealer section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2012
New section
Sec. 2
July 1, 2012
New section
Sec. 3
July 1, 2012
New section
Sec. 4
July 1, 2012
New section
Sec. 5
July 1, 2012
New section
Sec. 6
July 1, 2012
New section
Sec. 7
July 1, 2012
10-14n(f)
Sec. 8
July 1, 2012
New section
Sec. 9
July 1, 2012
New section
Sec. 10
July 1, 2012
10-145b(i)(1)
Sec. 11
July 1, 2012
New section
Sec. 12
July 1, 2012
10-145d(f)
Sec. 13
July 1, 2012
New section
Sec. 14
July 1, 2012
10-265f(d)
Sec. 15
July 1, 2012
Repealer section
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