Missouri 2022 2022 Regular Session

Missouri Senate Bill SB681 Comm Sub / Bill

Filed 02/10/2022

                    4133S.06C 
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SENATE COMMITTEE SUBSTITUTE 
FOR 
SENATE BILLS NOS. 681 & 662 
AN ACT 
To repeal sections 161.097, 167.268, 167.640, 
167.645, and 170.014, RSMo, and to enact in lieu 
thereof eight new sections relating to educational 
outcomes. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A.  Sections 161.097, 167.268, 167.640, 167.645, 
and 170.014, RSMo, are repealed and eight new sections enacted 
in lieu thereof, to be known as sections 161.097, 161.214, 
161.241, 167.268, 167.640, 167.645, 170.014, and 186.080, to 
read as follows:
     161.097.  1.  The state board of education shall 
establish standards and procedures by which it will evaluate 
all teacher training institutions in this state for the 
approval of teacher education programs.  The state board of 
education shall not require teacher training institutions to 
meet national or regional accreditation as a part of its 
standards and procedures in making those evaluations, but it 
may accept such accreditations in lieu of such approval if 
standards and procedures set thereby are at least as 
stringent as those set by the board.  The state board of 
education's standards and procedures for evaluating teacher 
training institutions shall equal or exceed those of 
national or regional accrediting associations. 
     2.  There is hereby established within the department 
of elementary and secondary education the "Missouri Advisory 
Board for Educator Preparation", hereinafter referred to as 
"MABEP".  The MABEP shall advise the state board of 
education and the coordinating board for higher education 
regarding matters of mutual interest in the area of quality   
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educator preparation programs in Missouri.  The advisory  
board shall include at least three active elementary or 
secondary classroom teachers and at least three fac ulty  
members within approved educator preparation programs.  The  
classroom teacher members shall be selected to represent 
various regions of the state and districts of different 
sizes.  The faculty representatives shall represent 
institutions from var ious regions of the state and sizes of 
program.  The advisory board shall hold regular meetings 
that allow members to share needs and concerns and plan 
strategies to enhance teacher preparation. 
     3.  Upon approval by the state board of education of 
the teacher education program at a particular teacher 
training institution, any person who graduates from that 
program, and who meets other requirements which the state 
board of education shall prescribe by rule, regulation and 
statute shall be grante d a certificate or license to teach 
in the public schools of this state.  However, no such rule 
or regulation shall require that the program from which the 
person graduates be accredited by any national or regional 
accreditation association. 
     4.  The state board of education shall, in consultation 
with MABEP, align literacy and reading instruction 
coursework for teacher education programs in early 
childhood, kindergarten to fifth grade elementary teacher 
certification, middle school communicatio n arts, high school 
communication arts, and all reading and special education 
certificates to include the following: 
     (1)  Teacher candidates shall receive classroom and 
clinical training in: 
     (a) The core components of reading, including phonem ic  
awareness, phonics, fluency, comprehension, morphology, 
syntax, and vocabulary;   
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     (b)  Oral and written language development; and 
     (c)  Identification of reading deficiencies, dyslexia, 
and other language difficulties; 
     (2)  Teacher candidates shall also have training on: 
     (a)  The selection and use of reading curricula and 
instructional materials; 
     (b)  The administration and interpretation of 
assessments; 
     (c)  How to translate assessment results into effective 
practice in the classroom specific to the needs of students; 
and 
     (d)  Additional best practices in the field of literacy 
instruction as recommended by the literacy advisory council 
pursuant to section 186.080. 
     5.  Any rule or portion of a rule, as that te rm is  
defined in section 536.010, that is created under the 
authority delegated in this section shall become effective 
only if it complies with and is subject to all of the 
provisions of chapter 536 and, if applicable, section 
536.028.  This section and chapter 536 are nonseverable and 
if any of the powers vested with the general assembly 
pursuant to chapter 536 to review, to delay the effective 
date, or to disapprove and annul a rule are subsequently 
held unconstitutional, then the grant of rulema king  
authority and any rule proposed or adopted after August 28, 
2014, shall be invalid and void. 
     161.214.  1.  For purposes of this section, the 
following terms shall mean: 
     (1)  "Board", the state board of education; 
     (2)  "Department", the department of elementary and 
secondary education; 
     (3)  "School innovation team", a group of natural 
persons officially authorized by:   
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     (a)  A single elementary or secondary school; 
     (b)  A group of two or more elementary or sec ondary  
schools within the same school district that share common 
interests, such as geographical location or educational 
focus, or that sequentially serve classes of students as 
they progress through elementary and secondary education; 
     (c)  A group of two or more elementary or secondary 
schools not within the same school district that share 
common interests, such as geographical location or 
educational focus, or that sequentially serve classes of 
students as they progress through elementary and secondary  
education; 
     (d)  A single school district; or 
     (e)  A group of two or more school districts that share 
common interests, such as geographical location or 
educational focus, or that sequentially serve classes of 
students as they progr ess through elementary and secondary 
education; 
     (4)  "School innovation waiver", a waiver granted by 
the board to a single school, group of schools, single 
school district, or group of school districts pursuant to 
this section, in which the school , group of schools, school 
district, or group of school districts is exempt from a 
specific requirement imposed by chapter 160, chapter 161, 
chapter 162, chapter 167, chapter 170, or chapter 171, or 
any regulations promulgated thereunder by the board o r the  
department.  Any school innovation waiver granted to a 
school district or group of school districts shall be 
applicable to every elementary and secondary school within 
the school district or group of school districts unless the 
plan specifically provides otherwise.   
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     2.  Any school innovation team seeking a school 
innovation waiver may submit a plan to the board for one or 
more of the following purposes: 
     (1)  Improving student readiness for employment, higher 
education, vocational trai ning, technical training, or any 
other form of career and job training; 
     (2)  Increasing the compensation of teachers; or 
     (3)  Improving the recruitment, retention, training, 
preparation, or professional development of teachers. 
     3.  Any plan for a school innovation waiver shall: 
     (1)  Identify the specific provision of law for which a 
waiver is being requested and provide an explanation for why 
the specific provision of law inhibits the ability of the 
school or school district to acco mplish the goal stated in 
the plan; 
     (2)  Demonstrate that the intent of the specific 
provision of law can be addressed in a more effective, 
efficient or economical manner and that the waiver or 
modification is necessary to implement the plan; 
     (3)  Include measurable annual performance targets and 
goals for the implementation of the plan; 
     (4)  Specify the innovations to be pursued in meeting 
one or more of the goals listed in subsection 2 of this 
section; 
     (5)  Demonstrate parental , school employee, and 
community and business support for, and engagement with, the 
plan; and 
     (6)  Be approved by at least the minimum number of 
people required to be on the school innovation team prior to 
submitting the plan for approval. 
     4.  (1)  In evaluating a plan submitted by a school 
innovation team under subsection 2 of this section, the 
board shall consider whether the plan will:   
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     (a)  Improve the preparation, counseling, and overall 
readiness of students for postsecondary life ; 
     (b)  Increase teacher salaries in a financially 
sustainable and prudent manner; or 
     (c)  Increase the attractiveness of the teaching 
profession for prospective teachers and active teachers 
alike. 
     (2)  The board may approve any plan submi tted under  
subsection 2 of this section if it determines that: 
     (a)  The plan successfully demonstrates the ability to 
address the intent of the provision of law to be waived in a 
more effective, efficient or economical manner; 
     (b)  The waivers or modifications are demonstrated to 
be necessary to stimulate improved student readiness for 
postsecondary life, increase teacher salaries, or increase 
the attractiveness of the teaching profession for 
prospective teachers and active teachers; 
     (c)  The plan has demonstrated sufficient participation 
from among the teachers, principals, superintendent, 
faculty, school board, parents, and the community at large; 
and 
     (d)  The plan is based upon sound educational 
practices, does not endanger the health and safety of 
students or staff, and does not compromise equal opportunity 
for learning. 
     (3)  The board may propose modifications to the plan in 
cooperation with the school innovation team. 
     5.  Any waiver granted under this section shall be  
effective for a period of no longer than three school years 
beginning the school year following the school year in which 
the waiver is approved.  Any waiver may be renewed.  No more  
than one school innovation waiver shall be in effect with   
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respect to any one elementary or secondary school at one 
time. 
     6.  This section shall not be construed to allow the 
state board of education to authorize the waiver of any 
statutory requirements relating to teacher certification, 
teacher tenure, or any requirement imposed by federal law. 
     7.  The board may promulgate rules implementing the 
provisions of this section.  Any rule or portion of a rule, 
as that term is defined in section 536.010, that is created 
under the authority delegated in thi s section shall become 
effective only if it complies with and is subject to all of 
the provisions of chapter 536 and, if applicable, section 
536.028.  This section and chapter 536 are nonseverable and 
if any of the powers vested with the general assemb ly  
pursuant to chapter 536 to review, to delay the effective 
date, or to disapprove and annul a rule are subsequently 
held unconstitutional, then the grant of rulemaking 
authority and any rule proposed or adopted after August 28, 
2022, shall be invali d and void. 
     161.241.  1.  The state board of education, in 
collaboration with the coordinating board for higher 
education and the commissioner's advisory council under 
section 186.080, shall develop a plan to establish a 
comprehensive system of services for reading instruction. 
     2.  The state board of education shall establish and 
periodically update a statewide literacy plan that supports 
high quality, evidence -based reading instruction for all 
students. 
     3.  The state board of education shall create an office 
of literacy.  The commissioner of education shall coordinate 
staff with roles relating to literacy and align staff work 
around supporting best practices in reading instruction.   
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     4.  The state board of education sh all align literacy 
and reading instruction coursework for teacher education 
programs as required under subsection 4 of section 161.097. 
     5.  Subject to appropriation, the department of 
elementary and secondary education shall recruit and employ 
quality teacher trainers with expertise in reading 
instruction and provide opportunities for evidence -based  
professional development in reading instruction available 
for all active teachers. 
     6.  The department shall maintain and publish data on 
reading outcomes, provided that the report shall not include 
individually identifiable student data. 
     7.  The department shall publish criteria and examples 
to help districts and schools select and use evidence -based  
reading curricula and instructional m aterials.   
Additionally, the department shall publish a list of 
curricula that ensure instruction is explicit, systematic, 
diagnostic and based on phonological awareness, phonics, 
fluency, vocabulary, comprehension, morphology, syntax, and 
semantics.  This shall be a resource to districts. 
     8.  The department shall provide online tools and 
training for active teachers on evidence -based reading  
instruction. 
     9.  There is hereby created in the state treasury the 
"Evidence-based Reading Instruc tion Program Fund".  The fund  
shall be administered by the department and used to 
reimburse school districts and charter schools for efforts 
to improve student literacy, including, but not limited to:   
initiatives that provide optional training and mat erials to  
teachers regarding best practices in reading pedagogies; 
resources for parents and guardians to assist them in 
teaching their children to read; funding for reading 
tutoring programs outside of regular school hours; stipends   
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for teachers who undergo additional training in reading 
instruction, which may also count toward professional 
development requirements; and funding for summer reading 
programs.  The fund shall consist of moneys appropriated 
annually by the general assembly from general revenue to  
such fund, any moneys paid into the state treasury and 
required by law to be credited to such fund and any gifts, 
bequests or donations to such fund.  The fund shall be kept 
separate and apart from all other moneys in the state 
treasury and shall be paid out by the state treasurer 
pursuant to chapter 33.  Notwithstanding the provisions of 
section 33.080 to the contrary, moneys in the fund at the 
end of the biennium shall not be transferred to the credit 
of the general revenue fund.  All interest and moneys earned 
on the fund shall be credited to the fund. 
     167.268.  1.  Each [local] school district and charter  
school shall have on file a policy for reading 
[intervention] success plans [for any pupils of the district 
in grades kindergarten through three pursuant to the 
provisions of this section.  Such plans shall identify 
strategies to be followed by the district teachers to raise 
a pupil identified as reading below grade level by 
recognized methods to reading at gr ade level by the end of 
the third grade.  Recognized methods of identification may 
include but need not be limited to the scores of the pupil 
obtained through any established standardized testing 
program currently administered by the district, observat ions  
of classroom teachers, and documented classroom 
performance].  Each school district and charter school   
shall provide all parents and guardians of students, 
including parents of students who are identified as having a 
substantial deficiency in re ading under subsection 1 of   
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section 167.645, with a plan that includes suggestions for 
regular parent-guided home reading. 
     2.  [The state board of education ] The department of  
elementary and secondary education shall develop guidelines 
to assist districts and charter schools in formulating  
policies for reading [intervention] success plans.  Such  
guidelines may include, but are not limited to, measures of  
reading proficiency, strategies for addressing reading 
deficiencies, timelines for measurin g pupil improvement in 
reading, and information on screening [for and treatment] of  
[auditory] dyslexia[, and information on the Lindamood 
Auditory Conceptualization Test and the Auditory 
Discrimination in Depth Program ].  Such guidelines may also 
identify performance levels for pupils identified as 
handicapped or severely handicapped and conditions under 
which such pupils [are] may be exempt from the provisions of 
this section and section 167.645. 
     3.  [Each local school district enrolling a pu pil  
identified as reading below grade level shall develop an 
individual plan of reading intervention for such pupil.  The  
individual pupil's plan may include individual or group 
reading development activities.  The plan may be developed 
after consultation with the pupil's parent or legal 
guardian] Each school district and charter school shall 
provide intensive reading instruction to students as 
provided in section 167.645 . 
     167.640.  1.  School districts [may] shall adopt a  
policy with regard to student promotion which may require 
remediation as a condition of promotion to the next grade 
level for any student identified by the district as failing 
to master skills and competencies established for that 
particular grade level by the district board of education.   
School districts may also require parents or guardians of   
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such students to commit to conduct home -based tutorial  
activities with their children or, in the case of a student 
with disabilities eligible for services pursuant to sections  
162.670 to 162.1000, the individual education plan shall 
determine the nature of parental involvement consistent with 
the requirements for a free, appropriate public education. 
     2.  Such remediation shall recognize that different 
students learn differently and shall employ methods designed 
to help these students achieve at high levels.  Such  
remediation may include, but shall not necessarily be 
limited to, a mandatory summer school program focused on the 
areas of deficiency or other such activities conducted by 
the school district outside of the regular school day.   
Decisions concerning the instruction of a child who receives 
special educational services pursuant to sections 162.670 to 
162.1000 shall be made in accordance with the child's  
individualized education plan. 
     3.  School districts providing remediation pursuant to 
this section or section 167.245 outside of the traditional 
school day may count extra hours of instruction in the 
calculation of average daily attendanc e as defined in  
section 163.011. 
     167.645.  1.  [For purposes of this section, the 
following terms mean: 
     (1)  "Reading assessment", a recognized method of 
judging a student's reading ability, with results expressed 
as reading at a particular grade level.  The term reading  
assessment shall include, but is not limited to, standard 
checklists designed for use as a student reads out loud, 
paper-and-pencil tests promulgated by nationally recognized 
organizations and other recognized m ethods of determining a 
student's reading accuracy, expression, fluency and 
comprehension in order to make a determination of the   
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student's grade-level reading ability.  Assessments which do 
not give a grade-level result may be used in combination 
with other assessments to reach a grade -level  
determination.  Districts are encouraged but not required to 
select assessment methods identified pursuant to section 
167.346.  Districts are also encouraged to use multiple 
methods of assessment; 
     (2)  "Summer school", for reading instruction purposes, 
a minimum of forty hours of reading instruction and 
practice.  A school district may arrange the hours and days 
of instruction to coordinate with its regular program of 
summer school. 
     2.  For purposes of this section, methods of reading 
assessment shall be determined by each school district.   
Unless a student has been determined in the current school 
year to be reading at grade level or above, each school 
district shall administer a reading asses sment or set of  
assessments to each student within forty -five days of the  
end of the third-grade year, except that the provisions of 
this subsection shall not apply to students receiving 
special education services under an individualized education 
plan pursuant to sections 162.670 to 162.999, to students 
receiving services pursuant to Section 504 of the 
Rehabilitation Act of 1973 whose services plan includes an 
element addressing reading or to students determined to have 
limited English proficiency or to students who have been 
determined, prior to the beginning of any school year, to 
have a cognitive ability insufficient to meet the reading 
requirement set out in this section, provided that districts 
shall provide reading improvement plans for s tudents  
determined to have such insufficient cognitive ability.  The  
assessment required by this subsection shall also be 
required for students who enter a school district in grades   
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four, five or six unless such student has been determined in 
the current school year to be reading at grade level or 
above. 
     3.  Beginning with school year 2002 -03, for each  
student whose third-grade reading assessment determines that 
such student is reading below second -grade level, the school 
district shall design a reading improvement plan for the 
student's fourth-grade year.  Such reading improvement plan 
shall include, at a minimum, thirty hours of additional 
reading instruction or practice outside the regular school 
day during the fourth -grade year.  The school district shall 
determine the method of reading instruction necessary to 
enforce this subsection.  The school district may also 
require the student to attend summer school for reading 
instruction as a condition of promotion to fourth grade.   
The department of elementary and secondary education may, 
from funds appropriated for the purpose, reimburse school 
districts for additional instructional personnel costs 
incurred in the implementation and execution of the thirty 
hours of additional reading instruction minus the revenue 
generated by the school district through the foundation 
formula for the additional reading instruction average daily 
attendance. 
     4.  Each student for whom a reading improvement plan 
has been designed pursuant to subs ection 3 of this section 
shall be given another reading assessment, to be 
administered within forty -five days of the end of such 
student's fourth-grade year.  If such student is determined 
to be reading below third -grade level, the student shall be 
required to attend summer school to receive reading 
instruction.  At the end of such summer school instruction, 
such student shall be given another reading assessment.  If  
such student is determined to be reading below third -grade    
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level, the district sha ll notify the student's parents or 
guardians, and the student shall not be promoted to fifth 
grade.  No student shall be denied promotion more than once 
solely for inability to meet the reading standards set out 
in this section. 
     5.  The process described in subsections 3 and 4 of 
this section shall be repeated as necessary through the end 
of the sixth grade, with the target grade level rising 
accordingly.  Mandatory retention in grade shall not apply 
to grades subsequent to fourth grade. 
     6.  The mandatory process of additional reading 
instruction pursuant to this section shall cease at the end 
of the sixth grade.  The permanent record of students who 
are determined to be reading below the fifth -grade level at  
the end of sixth grade shal l carry a notation advising that 
such student has not met minimal reading standards.  The  
notation shall stay on the student's record until such time 
as the district determines that a student has met minimal 
reading standards. 
     7.  Each school district shall be required to offer 
summer school reading instruction to any student with a 
reading improvement plan.  Districts may fulfill the 
requirement of this section through cooperative arrangements 
with neighboring districts; provided that such dis tricts  
shall timely make all payments provided pursuant to such 
cooperative agreements. 
     8.  A school district may adopt a policy that requires 
retention in grade of any student who has been determined to 
require summer school instruction in readin g and who does  
not fulfill the summer school attendance requirement. 
     9.  Nothing in this section shall preclude a school 
district from retaining any student in grade when a   
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determination is made in accordance with district policy 
that retention is in the best interests of the student. 
     10.  The state board of education shall not incorporate 
information about the number of students receiving 
additional instruction pursuant to this section into any 
element of any standard of the Missouri schoo l improvement  
program or its successor accreditation program; provided, 
however, each district shall make available, upon the 
request of any parent, patron, or media outlet within the 
district, the number and percentage of students receiving 
remediation pursuant to this section.  The information shall 
be presented in a way that does not permit personal 
identification of any student or educational personnel. 
     11.  Each school district shall make a systematic 
effort to inform parents of the method s and materials used 
to teach reading in kindergarten through fourth grade, in 
terms understandable to a layperson and shall similarly 
inform parents of students for whom a reading improvement 
plan is required pursuant to this section ] Each school  
district and charter school shall assess all students 
enrolled in kindergarten through grade three at the 
beginning and end of each school year for their level of 
reading or reading readiness on state -approved reading  
assessments.  Additionally all school districts and charter 
schools shall assess any newly enrolled student in grades 
one through five for their level of reading or reading 
readiness on a reading assessment from the state -approved  
list.  At the beginning of the school year, each school 
district and charter school shall provide a reading success 
plan to any student who: 
     (1)  Exhibits a substantial deficiency in reading which 
creates a barrier to the child's progress learning to read.     
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The identification of such deficiency may be ba sed upon the  
most recent assessments or teacher observation; or 
     (2)  Has been identified as being at risk of dyslexia 
in the statewide dyslexia screening or has a formal 
diagnosis of dyslexia. 
For the purposes of this section, a substantial reading  
deficiency shall refer to a student who is one or more grade 
level or levels behind in reading or reading readiness; 
provided that nothing in this section shall be interpreted 
to prevent a school district or charter school from offering 
a reading success plan to any student based on an assessment 
completed at the start and end of the school year or teacher 
observation.  For any student entering the school district 
or charter school after the start of the school year, such 
student shall be provided a reading success plan in the 
event the student has been identified as having a 
substantial reading deficiency based on the student's most 
recent assessment or otherwise being identified through 
teacher observation.  The student's reading proficiency 
shall be reassessed by reading assessments on the state - 
approved list.  The student shall continue to be provided 
with intensive reading instruction under a reading success 
plan until the reading deficiency is remedied. 
     2.  The district or charter school shall notify the 
parent or guardian of any student in kindergarten through 
grade three who exhibits a substantial deficiency in 
reading, as described in subsection 1 of this section, at 
least annually in writing, and in an appropriate, 
alternative manner for the parent or other guardian if 
necessary, of the following: 
     (1)  That the child has been identified as having a 
substantial deficiency in reading;   
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     (2)  A description of the services currently provided 
to the child; 
     (3)  A description of the proposed supplemental 
instructional services and supports that the school district 
will provide to the child that are designed to remediate the 
identified area of reading deficiency.  For students  
identified being at risk of dyslexi a or those that have a 
diagnosis of dyslexia the district shall provide an 
explanation that the instruction that will be used to teach 
the child reading shall be explicit, systematic, and 
diagnostic and based on phonological awareness, phonics, 
fluency, vocabulary, comprehension, morphology, syntax, and 
semantics; 
     (4)  Strategies for parents and guardians to use in 
helping the child succeed in reading proficiency, including 
but not limited to the promotion of parent -guided home  
reading. 
     3.  If the school district or charter school provides a 
summer reading program under this section, the district or 
charter school shall notify the parent or guardian of each 
student who exhibits a substantial deficiency in reading of 
the opportunity to attend the summer reading program. 
     4.  If a student has a substantial reading deficiency 
at the end of third grade, the student's parent or guardian 
and appropriate school staff shall discuss whether the 
student should be retained in grade level, b ased on a  
consideration of all relevant factors, including the reading 
deficiency, the student's progress in other subject areas, 
and the student's overall intellectual, physical, emotional, 
and social development.  A decision to promote or retain a 
student with a substantial reading deficiency at the end of 
grade three shall be made only after direct personal 
consultation with the student's parent or guardian and after   
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the formulation of a specific plan of action to remedy the 
student's reading de ficiency. 
     5.  Each school district or charter school shall do all 
of the following: 
     (1)  Provide students who are identified as having a 
substantial deficiency in reading under subsection 1 of this 
section, have been identified as being at ris k of dyslexia  
in the statewide dyslexia screening or have a formal 
diagnosis of dyslexia with intensive instructional services 
and supports specified in a reading success plan, as 
appropriate according to student need, free of charge, to 
remediate the identified areas of reading deficiency, 
including additional scientific, evidence -based reading  
instruction and other strategies prescribed by the school 
district or charter school which may include but are not 
limited to the following: 
     (a)  Small group or individual instruction; 
     (b)  Reduced teacher-student ratios; 
     (c)  More frequent progress monitoring; 
     (d)  Tutoring or mentoring; 
     (e)  Extended school day, week, or year; and 
     (f)  Summer reading programs; 
     (2)  For any student with a formal diagnosis of 
dyslexia or for a student who was found to be at risk of 
dyslexia in the statewide dyslexia screening, the school 
district or charter school shall provide evidence -based  
reading instruction that addresses phonology, sound-symbol  
association, syllable instruction, morphology, syntax, and 
semantics provided through systematic, cumulative, explicit 
and diagnostic methods; 
     (3)  At regular intervals, but no less than four times 
per year in a manner that reflects progress through each 
school term, notify the parent or guardian of academic and   
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other progress being made by the student and give the parent 
or guardian other useful information. 
     (4)  In addition to required reading enhancement and 
acceleration strategies, provide all parents of students, 
including parents of students who are identified as having a 
substantial deficiency in reading under subsection 1 of this 
section, with a plan that includes suggestions for regular 
parent-guided home reading. 
     6.  Each school district and charter school shall 
ensure that intensive reading instruction through a reading 
development initiative shall be provided to each 
kindergarten through grade five student who is assessed as 
exhibiting a substantial def iciency in reading.  In addition  
to the requirements otherwise provided, such instruction 
will also comply with all of the following criteria: 
     (1)  Be provided to all kindergarten through grade five 
students who exhibit a substantial deficiency in reading  
under this section.  The assessment initiative shall measure 
phonemic awareness, phonics, fluency, vocabulary, and 
comprehension; 
     (2)  Be provided during regular school hours; 
     (3)  Provide a reading curriculum that meets the 
requirements of section 170.014, and at a minimum has the 
following specifications: 
     (a)  Assists students assessed as exhibiting a 
substantial deficiency in reading to develop the skills to 
read at grade level; 
     (b)  Provides skill development in phonem ic awareness,  
phonics, fluency, vocabulary, and comprehension; 
     (c)  Includes a scientifically based and reliable 
assessment; 
     (d)  Provides initial and ongoing analysis of each 
student's reading progress; and   
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     (e)  Provides a curriculum in core academic subjects to 
assist the student in maintaining or meeting proficiency 
levels for the appropriate grade in all academic subjects. 
     7.  School districts shall report to the department the 
specific intensive reading interventions and suppo rts  
implemented by the school district or charter school 
pursuant to this section as well as the reading assessment 
data collected for grades kindergarten through five.  The  
department shall annually prescribe the components of 
required or requested r eports. 
     8.  (1)  Each school district and charter school shall 
address reading proficiency as part of its comprehensive 
school improvement plan, drawing upon information about 
children from assessments conducted pursuant to subsection 1 
and the prevalence of deficiencies identified by classroom, 
elementary school, and other student characteristics.  As  
part of its comprehensive school improvement plan or 
contract, each school district or charter school shall 
review chronic early elementary abse nteeism for its impact 
on literacy development.  If more than fifteen percent of an 
attendance center's students are not at grade level in 
reading by the end of third grade, the comprehensive school 
improvement plan or contract shall include strategies to  
reduce that percentage, including school and community 
strategies to raise the percentage of students who are 
proficient in reading. 
     (2)  Each school district and charter school shall 
provide professional development services to enhance the 
skills of elementary teachers in responding to children's 
unique reading issues and needs and to increase the use of 
evidence-based strategies. 
     170.014.  1.  This section shall be known as the 
"Reading Instruction Act" and is enacted to e nsure that all    
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public schools establish reading programs in kindergarten 
through grade [three] five based in scientific research.   
"Evidence-based reading instruction" includes practices that 
have been proven effective through evaluation of the 
outcomes for large numbers of students and are highly likely 
to be effective in improving reading if implemented with 
fidelity.  Such programs shall include the essential 
components of phonemic awareness, phonics, fluency, 
vocabulary, and comprehension, and all new teachers who 
teach reading in kindergarten through grade three shall 
receive adequate training in these areas. 
     2.  [The program described in subsection 1 of this 
section may include "explicit systematic phonics", which, 
for the purposes of this section, shall mean the methodology 
of pronouncing and reading words by learning the phonetic 
sound association of individual letters, letter groups, and 
syllables, and the principles governing these associations. 
     3.]  Every public school in the state shall offer a 
reading program as described in subsection 1 of this section 
for kindergarten through grade [three] five. 
     186.080.  1.  The commissioner of education shall 
establish a literacy advisory council.  The council shall  
consist of no more than twenty members, appointed by the 
commissioner, and shall include members representing the 
following stakeholder groups: 
     (1)  School boards; 
     (2)  Charter schools; 
     (3)  School superintendents; 
     (4)  Elementary and secondary building principals; 
     (5)  At least three teachers, including at least two 
teachers with expertise in reading instruction; 
     (6)  At least two special education educators;   
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     (7)  At least two parents of elementary and secondary 
school-age pupils who have struggled with literacy 
proficiency; 
     (8)  At least two community members who have struggled 
with literacy proficiency or supported others who have 
struggled with literacy proficiency, at least one of whom 
shall be a high school student; 
     (9)  One member from dyslexia advocacy group; 
     (10)  Faculty members of institutions of higher 
education with approved teacher preparation programs; 
     (11)  Professionals with expertise in reading 
instruction, reading interventi ons and how students learn to 
read including one certified academic language therapist; and 
     (12)  Professionals with expertise in educational 
assessment data analysis. 
     2.  The council shall meet at least twice per year to 
review best practices in literacy instruction and related 
policy provisions.  The department shall provide necessary 
staff and resources for the work of the advisory council. 
     3.  The council shall periodically provide 
recommendations to the commissioner and the state b oard of  
education regarding any identified improvements to literacy 
instruction and policy for students.  The recommendations 
may include recommendations for changes to state law, and 
the commissioner shall furnish any such recommendations to 
the joint committee on education. 
     4.  The council recommendations shall: 
     (1)  Advise the department of elementary and secondary 
education on how to implement and maintain the statewide 
literacy plan required under section 161.241 and advise the 
department, school districts and charter schools on ways to 
inform and engage parents and other community members about 
the literacy plan;   
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     (2)  Provide advice as to what services the department 
should provide to school districts and charter schools to 
support implementation of the plan and on staffing levels 
and resources needed at the department to support the 
statewide effort to improve literacy; 
     (3)  Provide advice regarding the statewide plan for 
collecting literacy-related data that informs: 
     (a)  Literacy instructional practices; 
     (b)  Teacher professional development in the field of 
literacy; 
     (c)  What proficiencies and skills should be measured 
through literacy assessments and how those assessments are 
incorporated into loc al assessment plans; and 
     (d)  How to identify school progress in achieving 
literacy outcomes, including closing literacy gaps for 
students from historically underserved populations; 
     (4)  Recommend best practices for tiered literacy 
instruction within a multi-tiered system of supports to best 
improve and sustain literacy proficiency; 
     (5)  Review literacy assessments and outcomes and 
provide ongoing advice as to how to continuously improve 
those outcomes and sustain improvement; and 
     (6)  Provide a means for members of the public to 
provide input and ask questions concerning literacy issues.