EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 681
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR O'LAUGHLIN.
4133S.01I ADRIANE D. CROUSE, Secretary
AN ACT
To repeal sections 161.097, 167.263, 167.268, and 167.645, RSMo, and to enact in lieu thereof
five new sections relating to reading success in schools, with a delayed effective date.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 161.097, 167.263, 167.268, and 1
167.645, RSMo, are repealed and five new section s enacted in 2
lieu thereof, to be known as sections 161.097, 167.263, 167.268, 3
167.645, and 186.080, to read as follows:4
161.097. 1. The state board of education shall 1
establish standards and procedures by which it will evaluate 2
all teacher training institutions in this state for the 3
approval of teacher education programs. The state board of 4
education shall not require teacher training institutions to 5
meet national or regional accreditation as a part of its 6
standards and procedures in making t hose evaluations, but it 7
may accept such accreditations in lieu of such approval if 8
standards and procedures set thereby are at least as 9
stringent as those set by the board. The state board of 10
education's standards and procedures for evaluating teache r 11
training institutions shall equal or exceed those of 12
national or regional accrediting associations. 13
2. There is hereby established within the department 14
of elementary and secondary education the "Missouri Advisory 15
Board for Educator Preparation ", hereinafter referred to as 16
"MABEP". The MABEP shall advise the state board of 17 SB 681 2
education and the coordinating board for higher education 18
regarding matters of mutual interest in the area of quality 19
educator preparation programs in Missouri. 20
3. Upon approval by the state board of education of 21
the teacher education program at a particular teacher 22
training institution, any person who graduates from that 23
program, and who meets other requirements which the state 24
board of education shall prescribe by rule, regulation and 25
statute shall be granted a certificate or license to teach 26
in the public schools of this state. However, no such rule 27
or regulation shall require that the program from which the 28
person graduates be accredited by any national o r regional 29
accreditation association. 30
4. The state board of education shall require literacy 31
and reading instruction coursework for teacher education 32
programs aligned to certification in early childhood 33
education, elementary education, middle sch ool education 34
with subject area certification in language arts, secondary 35
education with subject area certification in English, 36
special reading, and special education to include training 37
in: 38
(1) The core components of reading, such as phonemic 39
awareness, phonics, fluency, comprehension, morphology, 40
syntax, and vocabulary; 41
(2) Oral and written language development; 42
(3) Identification of reading deficiencies, dyslexia, 43
and other language difficulties; and 44
(4) The administration and interpretation of 45
assessments and how to translate assessment results into 46
effective practice in the classroom specific to the needs of 47
students. 48 SB 681 3
5. Any rule or portion of a rule, as that term is 49
defined in section 536.010, that is created un der the 50
authority delegated in this section shall become effective 51
only if it complies with and is subject to all of the 52
provisions of chapter 536 and, if applicable, section 53
536.028. This section and chapter 536 are nonseverable and 54
if any of the powers vested with the general assembly 55
pursuant to chapter 536 to review, to delay the effective 56
date, or to disapprove and annul a rule are subsequently 57
held unconstitutional, then the grant of rulemaking 58
authority and any rule proposed or adopted afte r August 28, 59
2014, shall be invalid and void. 60
167.263. 1. A program to provide teacher assistants 1
in regular classrooms in grades kindergarten through three 2
is established. For the purposes of this section a "teacher 3
assistant" is defined as a qualified person employed by a 4
school district to assist a certificated teacher in 5
classroom instruction and management. No teacher assistant 6
shall be counted as a teacher for the purposes of 7
establishing ratios of teachers to pupils in a classroom, 8
school or school district. Any public elementary school 9
containing such grades which meets the criteria pursuant to 10
this section shall be eligible for a state financial 11
supplement to employ teacher assistants. Eligibility 12
criteria are that the school shall have a breakfast program, 13
the school shall serve at least forty percent of its lunches 14
to pupils who are eligible for free or reduced price meals 15
according to federal guidelines, and the school shall have a 16
reading [intervention] success plan for any student who 17
requires such a plan pursuant to section 167.268. 18
2. A school district which contains such eligible 19
schools may apply to the department of elementary and 20 SB 681 4
secondary education for a state financial supplement to 21
employ teacher assistants in those schools named in the 22
application and in no other schools of the district. The 23
state full-time equivalent financial supplement shall be 24
three thousand dollars per teacher assistant. No more than 25
one assistant per classro om shall be supplemented by the 26
state pursuant to this section. Teacher assistants thus 27
employed pursuant to this section shall assist teachers in 28
grades kindergarten through three and in no other grades. 29
School districts shall not apply for or assig n teacher 30
assistants employed pursuant to this section in classrooms 31
designated as special education or compensatory education 32
classrooms. 33
3. The state board of education shall promulgate rules 34
and regulations for the implementation of this secti on. 35
Such rules shall include identifying minimum qualifications 36
for teacher assistants which may include teacher education 37
students, determining the minimum number of pupils per 38
classroom to be eligible for a teacher assistant, 39
establishing applicati on procedures for school districts, 40
and determining a method of awarding state financial 41
supplements in the event that the number of applications 42
exceeds the amounts appropriated therefor. No rule or 43
portion of a rule promulgated under the authority o f this 44
chapter shall become effective unless it has been 45
promulgated pursuant to the provisions of section 536.024. 46
167.268. 1. The state board of education, in 1
collaboration with the coordinating board for higher 2
education and the literacy advisory council established 3
pursuant to section 186.080, shall develop a plan to 4
establish a comprehensive system of services for reading 5
instruction. 6 SB 681 5
2. Each local school district and charter school shall 7
have on file a policy for rea ding [intervention] success 8
plans for any pupils of the district or charter school in 9
grades kindergarten through [three] four pursuant to the 10
provisions of this section. Such plans shall identify 11
strategies to be followed by the district or charter school 12
teachers to raise a pupil identified as reading below grade 13
level by recognized methods to reading at grade level by the 14
end of the [third] fourth grade. Recognized methods of 15
identification may include but need not be limited to the 16
scores of the pupil obtained through any established 17
standardized testing program currently administered by the 18
district or charter school, observations of classroom 19
teachers, and documented classroom performance. The local 20
policy shall be aligned with the guid elines developed by the 21
department of elementary and secondary education for reading 22
success plans. 23
[2.] 3. The [state board of] department of elementary 24
and secondary education shall develop guidelines to assist 25
school districts and charter schools in formulating policies 26
for reading [intervention] success plans. Such guidelines 27
may include, but are not limited to, measures of reading 28
proficiency, strategies for addressing reading deficiencies 29
and disorders, timelines for measuring pupil imp rovement in 30
reading[,] and information on screening for and treatment of 31
[auditory] dyslexia[, and information on the Lindamood 32
Auditory Conceptualization Test and the Auditory 33
Discrimination in Depth Program ] and other reading 34
deficiencies. In addition, any guidelines for instruction 35
shall meet the needs of the students by ensuring that 36
instruction is explicit, systematic, and diagnostic and 37
based on phonological awareness, phonics, fluency, 38 SB 681 6
vocabulary, comprehension, morphology, syntax, and 39
semantics. Such guidelines may also identify performance 40
levels for pupils identified as handicapped or severely 41
handicapped and conditions under which such pupils [are] may 42
be exempt from the provisions of this section. 43
[3.] 4. Each local school di strict [enrolling a pupil 44
identified as reading below grade level shall develop an 45
individual plan of reading intervention for such pupil. The 46
individual pupil's plan may include individual or group 47
reading development activities. The plan may be developed 48
after consultation with the pupil's parent or legal 49
guardian] and charter school shall provide supplemental 50
reading instruction under a reading success plan created 51
pursuant to section 167.645 to any enrolled student who 52
exhibits a reading defi ciency. 53
167.645. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Dyslexia", the same meaning given to the term in 3
section 633.420; 4
(2) "Evidence-based reading instruction", scientific 5
research-based interventions that have been peer reviewed 6
with substantial evidence of their effectiveness through 7
multiple outcome evaluation; 8
(3) "Reading assessment", a recognized method of 9
judging a student's reading ability, with results expressed 10
as reading at a particular grade level. The term reading 11
assessment shall include, but is not limited to, standard 12
checklists designed for use as a student reads out loud, 13
paper-and-pencil tests promulgated by nationally recognized 14
organizations and other recogniz ed methods of determining a 15
student's reading accuracy, expression, fluency and 16
comprehension in order to make a determination of the 17 SB 681 7
student's grade-level reading ability. Assessments [which] 18
that do not give a grade-level result may be used in 19
combination with other assessments to reach a grade -level 20
determination. Districts and charter schools are encouraged 21
but not required to select assessment methods identified 22
pursuant to section 167.346. Districts and charter schools 23
are [also] encouraged to use multiple methods of assessment; 24
[(2)] (4) "Structured literacy", an evidence -based 25
reading instruction that addresses phonology, sound -symbol 26
association, syllable instruction, morphology, syntax, and 27
semantics when such instruction is ta ught through 28
systematic, cumulative, explicit, and diagnostic methods; 29
(5) "Summer school", for reading instruction purposes, 30
a minimum of forty hours of reading instruction and 31
practice. A school district or charter school may arrange 32
the hours and days of instruction to coordinate with its 33
regular program of summer school. 34
2. For purposes of this section, methods of reading 35
assessment shall be determined by each school district and 36
charter school. Each school district and charter scho ol 37
shall provide training on the administration of reading 38
assessments to all kindergarten through fifth grade teachers 39
and any other personnel who provide literacy instruction . 40
Unless a student has been determined in the [current] 41
previous school year to be reading at grade level or above, 42
each school district and charter school shall administer a 43
reading assessment or set of assessments to each student 44
within [forty-five days of the end of the third -grade year] 45
the first thirty calendar days of school for grades one 46
through four, and by January thirty -first for kindergarten , 47
except that the provisions of this subsection shall not 48
apply to students receiving special education services under 49 SB 681 8
an individualized education plan pursuant to sections 50
162.670 to 162.999, to students receiving services pursuant 51
to Section 504 of the Rehabilitation Act of 1973 whose 52
services plan includes an element addressing reading or to 53
students determined to have limited English proficiency or 54
to students who have been determined, prior to the beginning 55
of any school year, to have a cognitive ability insufficient 56
to meet the reading requirement set out in this section, 57
provided that districts and charter schools shall provide 58
reading [improvement] success plans for students with an 59
individualized education plan that have a reading 60
deficiency, for students receiving services under Section 61
504 of the Rehabilitation Act of 1973 whose service plan 62
includes an element addressing reading, and to students 63
determined to have such insufficient cognitive ability. The 64
assessment required by this subsection shall also be 65
required for students who enter a school district or charter 66
school in grades four, five , or six unless such student has 67
been determined in the current school year to be reading at 68
grade level or above. 69
3. [Beginning with school year 2002 -03, for each 70
student whose third-grade reading assessment determines that 71
such student is reading below second -grade level, the school 72
district shall design a reading improvement plan for the 73
student's fourth-grade year. Such reading improvement plan 74
shall include, at a minimum, thirty hours of additional 75
reading instruction or practice outside the regular school 76
day during the fourth -grade year.] (1) School districts 77
and charter schools shall offer a reading success plan to 78
each student in grades kindergarten through four who 79
exhibits a reading deficiency, has been identified as being 80
at risk for dyslexia in the statewide dyslexia screening 81 SB 681 9
requirement, or has a formal diagnosis of dyslexia to ensure 82
students can read at or above grade level by the end of the 83
fourth grade. School districts and charter schools shall 84
consider the input of teachers and other building -level 85
staff when identifying students for reading success plans. 86
The reading success plan shall be provided in addition to 87
core reading instruction that is provided to all students in 88
the general education classroom. The reading success plan 89
shall: 90
(a) Include, at a minimum, thirty hours of additional 91
reading instruction or practice outside the regular school 92
day during the fourth -grade year; 93
(b) Be provided to all students in grades kindergarten 94
through four identified with a reading deficiency as 95
determined by the school district or charter school using 96
local or statewide screening assessments administered within 97
the first thirty days of school for grades one through four, 98
and by January thirty -first for kindergarten; 99
(c) Provide explicit and syste matic multisensory 100
instruction in phonological awareness, phonics, fluency, 101
vocabulary, and comprehension as applicable to each student; 102
(d) Monitor the reading progress of each student's 103
reading skills throughout the school year and adjust 104
instruction according to the student's needs; and 105
(e) Be implemented during regular school hours. 106
(2) A structured literacy reading program shall be 107
provided to any student with a formal diagnosis of dyslexia 108
or for a student who was found to be a t risk for dyslexia in 109
the statewide dyslexia screening. 110
(3) If a student who is provided a reading success 111
plan is determined to not be reading at or above grade level 112
by the end of second grade, the student shall receive 113 SB 681 10
structured literacy ins truction as well as additional 114
support and services including but not limited to: 115
(a) Frequent, targeted reading intervention based on 116
the student's needs and provided in a small -group or one-on- 117
one setting; 118
(b) Frequent monitoring of the st udent's reading 119
skills throughout the school year; and 120
(c) Adjustment of the structured literacy instruction 121
and reading interventions according to the student's needs. 122
(4) For students in grades six through twelve, school 123
districts and charter schools shall continue to address the 124
reading deficiencies of any student for whom the deficiency 125
creates a barrier to success in school. 126
4. A reading success plan shall be created for a 127
student within forty -five days following the identificat ion 128
of a reading deficiency by such student's teacher and other 129
pertinent school personnel, after consultation with the 130
student's parent or legal guardian, and shall describe the 131
evidence-based reading intervention services the student 132
shall receive to remedy the deficiency. The reading success 133
plan shall specify whether the student was found to be at 134
risk for dyslexia in the local or statewide dyslexia 135
screening requirement or whether the student has a formal 136
diagnosis of dyslexia. Each student shall receive 137
appropriate reading intervention until the student no longer 138
has a deficiency in reading. 139
5. The school district or charter school shall 140
determine the [method of reading instruction ] specific 141
structured literacy curriculum necessary to enforce this 142
subsection. The school district or charter school may also 143
require the student to attend summer school for reading 144
instruction as a condition of promotion to fourth grade. 145 SB 681 11
The department of elementary and secondary education may, 146
from funds appropriated for the purpose, reimburse school 147
districts and charter schools for additional instructional 148
personnel costs incurred in the implementation and execution 149
of the thirty hours of additional reading instruction minus 150
the revenue generated by the school district or charter 151
school through the foundation formula for the additional 152
reading instruction average daily attendance. 153
[4.] 6. Each student for whom a reading [improvement] 154
success plan has been designed pursuant to subsect ion 3 of 155
this section shall be given another reading assessment, to 156
be administered within forty -five days of the end of such 157
student's fourth-grade year. If such student is determined 158
to be reading below third -grade level at the end of the 159
third grade, the student shall be [required to attend summer 160
school to receive reading instruction. At the end of such 161
summer school instruction, such student shall be given 162
another reading assessment. If such student is determined 163
to be reading below third -grade level, the district shall 164
notify the student's parents or guardians, and the student 165
shall not be promoted to fifth grade. No student shall be 166
denied promotion more than once solely for inability to meet 167
the reading standards set out in this sect ion. 168
5. The process described in subsections 3 and 4 of 169
this section shall be repeated as necessary through the end 170
of the sixth grade, with the target grade level rising 171
accordingly. Mandatory retention in grade shall not apply 172
to grades subsequent to fourth grade ] referred for an 173
evaluation for an individualized education plan (IEP) and 174
the district shall provide appropriate intensive structured 175
literacy instruction on a one -to-one individualized basis. 176
If the student does not qualify for an IEP under the state 177 SB 681 12
guidelines for qualification, the student shall continue to 178
receive appropriate intensive structured literacy 179
instruction on a one -to-one individualized basis until the 180
student is reading at grade level . 181
[6. The mandatory process of additional reading 182
instruction pursuant to this section shall cease at the end 183
of the sixth grade. The permanent record of students who 184
are determined to be reading below the fifth -grade level at 185
the end of sixth grade shall carry a notation advising that 186
such student has not met minimal reading standards. The 187
notation shall stay on the student's record until such time 188
as the district determines that a student has met minimal 189
reading standards.] 190
7. Each school district and charter school shall be 191
required to offer summer school reading instruction to any 192
student with a reading [improvement] success plan. 193
Districts and charter schools may fulfill the requirement of 194
this section through cooperative arrangements with 195
neighboring districts[; provided that such districts shall 196
timely make all payments provided pursuant to such 197
cooperative agreements ]. 198
8. A school district or charter school may adopt a 199
policy that requires retention in grade of any student who 200
has been determined to require summer school instruction in 201
reading and who does not fulfill the summer school 202
attendance requirement. 203
9. Nothing in this section shall preclude a school 204
district or charter school from retaining any student in 205
grade when a determination is made in accordance with 206
district or charter school policy that retention is in the 207
best interests of the student. 208 SB 681 13
10. The state board of education shall evaluate and 209
give weight to district and charter school reading 210
interventions and compliance with the provisions of this 211
section within the Missouri school improvement program. 212
11. The state board of education shall not incorporate 213
information about the number of students receiving 214
additional instruction pursuant to this sec tion into any 215
element of any standard of the Missouri school improvement 216
program or its successor accreditation program; provided, 217
however, each district or charter school shall make 218
available, upon the request of any parent, patron, advocacy 219
group, or media outlet [within the district], the number and 220
percentage of students receiving remediation pursuant to 221
this section. The information shall be presented in a way 222
that does not permit personal identification of any student 223
or educational personne l. 224
[11.] 12. Each school district and charter school 225
shall make a systematic effort to inform parents of the 226
methods and materials used to teach reading in kindergarten 227
through [fourth] fifth grade, in terms understandable to a 228
layperson [and shall similarly inform parents of students 229
for whom a reading improvement plan is required pursuant to 230
this section]. Notice to the parent or legal guardian of 231
any student for whom a reading success plan is required 232
shall be provided within thirty days. Such communication 233
may be through electronic or other means; however, effort 234
shall be made to ensure a parent received such 235
communication. The notice shall state that the student has 236
been identified as having a deficiency in reading identified 237
through a screening or other method. The communication 238
shall also note if the student screened positive for the 239 SB 681 14
characteristics of dyslexia. Additionally, the 240
communication shall include the following information: 241
(1) That a reading success plan for the student shall 242
be developed by the teacher and other personnel; 243
(2) A description of the current services and 244
proposed, evidence-based structured literacy interventions 245
and supplemental services; 246
(3) That the parent or guardian shall have the 247
opportunity for input regarding the reading success plan; 248
(4) The timing for periodic updates on student 249
progress, which shall be aligned with other normal interim 250
student progress updates to the extent practical; and 251
(5) Suggested strategies for use at home to help the 252
student succeed in reading. 253
13. The department of elementary and secondary 254
education may promulgate rules to implement the provisions 255
of this section. Any rule or portion of a rule, as that 256
term is defined in s ection 536.010, that is created under 257
the authority delegated in this section shall become 258
effective only if it complies with and is subject to all of 259
the provisions of chapter 536 and, if applicable, section 260
536.028. This section and chapter 536 are nonseverable, and 261
if any of the powers vested with the general assembly 262
pursuant to chapter 536 to review, to delay the effective 263
date, or to disapprove and annul a rule are subsequently 264
held unconstitutional, then the grant of rulemaking 265
authority and any rule proposed or adopted after August 28, 266
2022, shall be invalid and void. 267
186.080. 1. There is hereby established within the 1
department of elementary and secondary education the 2
"Literacy Advisory Council", which shall be com posed of at 3
least fifteen and no more than twenty members to be 4 SB 681 15
appointed by the commissioner of education. The members of 5
the council shall include at least: 6
(1) One public school board member; 7
(2) One charter school representative; 8
(3) One public school district superintendent; 9
(4) One elementary or secondary school principal; 10
(5) Three teachers with expertise in reading 11
instruction, including at least one teacher selected by each 12
of the three largest statewide teacher organizations, and 13
all of whom shall either be certified by the Center for 14
Effective Reading Instruction or shall have completed all 15
levels of the Language Essentials for Teachers of Reading 16
and Spelling training program; 17
(6) One special educatio n teacher; 18
(7) One parent of an elementary or secondary school 19
student who has been diagnosed with dyslexia; 20
(8) One representative from Decoding Dyslexia Missouri; 21
(9) One representative from an institution of 22
postsecondary education w hich offers approved teacher 23
preparation programs; 24
(10) One representative from an independent private 25
provider or nonprofit organization serving individuals with 26
dyslexia; 27
(11) One representative from the Missouri branch of 28
the International Dyslexia Association; 29
(12) One certified academic language therapist 30
recommended by the Academic Language Therapy Association who 31
is a resident of this state; 32
(13) One professional with experience diagnosing 33
dyslexia, such as a school p sychologist or 34
neuropsychologist, who is licensed under chapter 337; and 35 SB 681 16
(14) One dyslexia specialist from the department of 36
elementary and secondary education. 37
2. The advisory council shall meet biannually to 38
review best practices in litera cy instruction and related 39
policies. 40
3. The advisory council shall periodically provide 41
recommendations to the commissioner and the state board of 42
education regarding any identified improvements to literacy 43
instruction and policy for elementary a nd secondary 44
students. The recommendations may include recommendations 45
for changes to state law, and the commissioner shall furnish 46
any such recommendations to the joint committee on education. 47
4. The department of elementary and secondary 48
education, in conjunction with the advisory council, shall 49
identify and create a list of approved materials, resources, 50
and curriculum programs for public school districts and 51
charter schools. A school district or charter school shall 52
use only materials, re sources, or curriculum programs from 53
such list. 54
Section B. The repeal and reenactment of section 1
167.645 of section A of this act shall become effective on 2
July 1, 2023. 3