Missouri 2022 2022 Regular Session

Missouri Senate Bill SB681 Engrossed / Bill

Filed 03/02/2022

                     
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 
[PERFECTED] 
SENATE SUBSTITUTE FOR 
SENATE COMMITTEE SUBSTITUTE FOR 
SENATE BILLS NOS. 681 & 662 
101ST GENERAL ASSEMBLY  
INTRODUCED BY SENATOR O'LAUGHLIN AND SENATOR ARTHUR. 
4133S.08P 	ADRIANE D. CROUSE, Secretary  
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, with an effective date. 
 
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, 1 
and 170.014, RSMo, are repealed and eight new sections enacted 2 
in lieu thereof, to be known as sections 161.097, 161.214, 3 
161.241, 167.268, 167.640, 167.645, 170.014, and 186.080, to 4 
read as follows:5 
     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 those 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 teacher 11   SS SCS SBs 681 & 662 2 
training institutions shall equal or exceed those of 12 
national or regional accrediting associati ons. 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 
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.  The advisory  20 
board shall include at least three active elementary or 21 
secondary classroom teachers and at least three faculty 22 
members within approved educator preparation programs.  The  23 
classroom teacher members shall be selected to represent 24 
various regions of the state and districts of different 25 
sizes.  The faculty representatives shall represent 26 
institutions from various regions of the state and sizes of 27 
program.  The advisory board shall hold regular meetings 28 
that allow members to share needs and concerns and plan 29 
strategies to enhance teacher preparation. 30 
     3.  Upon approval by the state board o f education of  31 
the teacher education program at a particular teacher 32 
training institution, any person who graduates from that 33 
program, and who meets other requirements which the state 34 
board of education shall prescribe by rule, regulation and 35 
statute shall be granted a certificate or license to teach 36 
in the public schools of this state.  However, no such rule 37 
or regulation shall require that the program from which the 38 
person graduates be accredited by any national or regional 39 
accreditation associat ion. 40 
     4.  The state board of education shall, in consultation 41 
with MABEP, align literacy and reading instruction 42 
coursework for teacher education programs in early 43   SS SCS SBs 681 & 662 3 
childhood, kindergarten to fifth grade elementary teacher 44 
certification, middle scho ol communication arts, high school 45 
communication arts, and all reading and special education 46 
certificates to include the following: 47 
     (1)  Teacher candidates shall receive classroom and 48 
clinical training in: 49 
     (a) The core components of reading, i ncluding phonemic  50 
awareness, phonics, fluency, comprehension, morphology, 51 
syntax, and vocabulary; 52 
     (b)  Oral and written language development; and 53 
     (c)  Identification of reading deficiencies, dyslexia, 54 
and other language difficulties; 55 
     (2)  Teacher candidates shall also have training on: 56 
     (a)  The selection and use of reading curricula and 57 
instructional materials; 58 
     (b)  The administration and interpretation of 59 
assessments; 60 
     (c)  How to translate assessment results into effectiv e  61 
practice in the classroom specific to the needs of students; 62 
and 63 
     (d)  Additional best practices in the field of literacy 64 
instruction as recommended by the literacy advisory council 65 
pursuant to section 186.080. 66 
     5.  Any rule or portion of a r ule, as that term is 67 
defined in section 536.010, that is created under the 68 
authority delegated in this section shall become effective 69 
only if it complies with and is subject to all of the 70 
provisions of chapter 536 and, if applicable, section 71 
536.028.  This section and chapter 536 are nonseverable and 72 
if any of the powers vested with the general assembly 73 
pursuant to chapter 536 to review, to delay the effective 74 
date, or to disapprove and annul a rule are subsequently 75   SS SCS SBs 681 & 662 4 
held unconstitutional, then the grant of rulemaking 76 
authority and any rule proposed or adopted after August 28, 77 
2014, shall be invalid and void. 78 
     161.214.  1.  For purposes of this section, the 1 
following terms shall mean: 2 
     (1)  "Board", the state board of educati on; 3 
     (2)  "Department", the department of elementary and 4 
secondary education; 5 
     (3)  "School innovation team", a group of natural 6 
persons officially authorized by: 7 
     (a)  A single elementary or secondary school; 8 
     (b)  A group of two or more elementary or secondary 9 
schools within the same school district that share common 10 
interests, such as geographical location or educational 11 
focus, or that sequentially serve classes of students as 12 
they progress through elementary and secondary education ; 13 
     (c)  A group of two or more elementary or secondary 14 
schools not within the same school district that share 15 
common interests, such as geographical location or 16 
educational focus, or that sequentially serve classes of 17 
students as they progress thro ugh elementary and secondary 18 
education; 19 
     (d)  A single school district; or 20 
     (e)  A group of two or more school districts that share 21 
common interests, such as geographical location or 22 
educational focus, or that sequentially serve classes of 23 
students as they progress through elementary and secondary 24 
education; 25 
     (4)  "School innovation waiver", a waiver granted by 26 
the board to a single school, group of schools, single 27 
school district, or group of school districts pursuant to 28 
this section, in which the school, group of schools, school 29   SS SCS SBs 681 & 662 5 
district, or group of school districts is exempt from a 30 
specific requirement imposed by chapter 160, chapter 161, 31 
chapter 162, chapter 167, chapter 170, or chapter 171, or 32 
any regulations promulgated thereun der by the board or the 33 
department.  Any school innovation waiver granted to a 34 
school district or group of school districts shall be 35 
applicable to every elementary and secondary school within 36 
the school district or group of school districts unless the 37 
plan specifically provides otherwise. 38 
     2.  Any school innovation team seeking a school 39 
innovation waiver may submit a plan to the board for one or 40 
more of the following purposes: 41 
     (1)  Improving student readiness for employment, higher 42 
education, vocational training, technical training, or any 43 
other form of career and job training; 44 
     (2)  Increasing the compensation of teachers; or 45 
     (3)  Improving the recruitment, retention, training, 46 
preparation, or professional development of teachers . 47 
     3.  Any plan for a school innovation waiver shall: 48 
     (1)  Identify the specific provision of law for which a 49 
waiver is being requested and provide an explanation for why 50 
the specific provision of law inhibits the ability of the 51 
school or school district to accomplish the goal stated in 52 
the plan; 53 
     (2)  Demonstrate that the intent of the specific 54 
provision of law can be addressed in a more effective, 55 
efficient or economical manner and that the waiver or 56 
modification is necessary to implem ent the plan; 57 
     (3)  Include measurable annual performance targets and 58 
goals for the implementation of the plan; 59   SS SCS SBs 681 & 662 6 
     (4)  Specify the innovations to be pursued in meeting 60 
one or more of the goals listed in subsection 2 of this 61 
section; 62 
     (5)  Demonstrate parental, school employee, and 63 
community and business support for, and engagement with, the 64 
plan; and 65 
     (6)  Be approved by at least the minimum number of 66 
people required to be on the school innovation team prior to 67 
submitting the plan for approval. 68 
     4.  (1)  In evaluating a plan submitted by a school 69 
innovation team under subsection 2 of this section, the 70 
board shall consider whether the plan will: 71 
     (a)  Improve the preparation, counseling, and overall 72 
readiness of students for postsecondary life; 73 
     (b)  Increase teacher salaries in a financially 74 
sustainable and prudent manner; or 75 
     (c)  Increase the attractiveness of the teaching 76 
profession for prospective teachers and active teachers 77 
alike. 78 
     (2)  The board may approve any plan submitted under 79 
subsection 2 of this section if it determines that: 80 
     (a)  The plan successfully demonstrates the ability to 81 
address the intent of the provision of law to be waived in a 82 
more effective, efficient or economical manner; 83 
    (b)  The waivers or modifications are demonstrated to 84 
be necessary to stimulate improved student readiness for 85 
postsecondary life, increase teacher salaries, or increase 86 
the attractiveness of the teaching profession for 87 
prospective teachers and activ e teachers; 88 
     (c)  The plan has demonstrated sufficient participation 89 
from among the teachers, principals, superintendent, 90   SS SCS SBs 681 & 662 7 
faculty, school board, parents, and the community at large; 91 
and 92 
     (d)  The plan is based upon sound educational 93 
practices, does not endanger the health and safety of 94 
students or staff, and does not compromise equal opportunity 95 
for learning. 96 
     (3)  The board may propose modifications to the plan in 97 
cooperation with the school innovation team. 98 
     5.  Any waiver granted u nder this section shall be 99 
effective for a period of no longer than three school years 100 
beginning the school year following the school year in which 101 
the waiver is approved.  Any waiver may be renewed.  No more  102 
than one school innovation waiver shall be in effect with  103 
respect to any one elementary or secondary school at one 104 
time. 105 
     6.  This section shall not be construed to allow the 106 
state board of education to authorize the waiver of any 107 
statutory requirements relating to teacher certification, 108 
teacher tenure, or any requirement imposed by federal law. 109 
     7.  The board may promulgate rules implementing the 110 
provisions of this section.  Any rule or portion of a rule, 111 
as that term is defined in section 536.010, that is created 112 
under the authority delegated in this section shall become 113 
effective only if it complies with and is subject to all of 114 
the provisions of chapter 536 and, if applicable, section 115 
536.028.  This section and chapter 536 are nonseverable and 116 
if any of the powers vested with the general assembly 117 
pursuant to chapter 536 to review, to delay the effective 118 
date, or to disapprove and annul a rule are subsequently 119 
held unconstitutional, then the grant of rulemaking 120 
authority and any rule proposed or adopted after August 28, 121 
2022, shall be invalid and void. 122   SS SCS SBs 681 & 662 8 
     161.241.  1.  The state board of education, in 1 
collaboration with the coordinating board for higher 2 
education and the commissioner's advisory council under 3 
section 186.080, shall develop a plan to establi sh a  4 
comprehensive system of services for reading instruction. 5 
     2.  The state board of education shall establish and 6 
periodically update a statewide literacy plan that supports 7 
high quality, evidence -based reading instruction for all 8 
students. 9 
     3.  The state board of education shall create an office 10 
of literacy.  The commissioner of education shall coordinate 11 
staff with roles relating to literacy and align staff work 12 
around supporting best practices in reading instruction. 13 
     4.  The state board of education shall align literacy 14 
and reading instruction coursework for teacher education 15 
programs as required under subsection 4 of section 161.097. 16 
     5.  Subject to appropriation, the department of 17 
elementary and secondary education shall re cruit and employ  18 
quality teacher trainers with expertise in reading 19 
instruction and provide opportunities for evidence -based  20 
professional development in reading instruction available 21 
for all active teachers. 22 
     6.  The department shall maintain and p ublish data on  23 
reading outcomes, provided that the report shall not include 24 
individually identifiable student data. 25 
     7.  The department shall publish criteria and examples 26 
to help districts and schools select and use evidence -based  27 
reading curricula and instructional materials.   28 
Additionally, the department shall publish a list of 29 
curricula that ensure instruction is explicit, systematic, 30 
diagnostic and based on phonological awareness, phonics, 31   SS SCS SBs 681 & 662 9 
fluency, vocabulary, comprehension, morphology, syn tax, and  32 
semantics.  This shall be a resource to districts. 33 
     8.  The department shall provide online tools and 34 
training for active teachers on evidence -based reading  35 
instruction. 36 
     9.  There is hereby created in the state treasury the 37 
"Evidence-based Reading Instruction Program Fund".  The fund  38 
shall be administered by the department and used to 39 
reimburse school districts and charter schools for efforts 40 
to improve student literacy, including, but not limited to:   41 
initiatives that provide opti onal training and materials to 42 
teachers regarding best practices in reading pedagogies; 43 
resources for parents and guardians to assist them in 44 
teaching their children to read; funding for reading 45 
tutoring programs outside of regular school hours; stipen ds  46 
for teachers who undergo additional training in reading 47 
instruction, which may also count toward professional 48 
development requirements; and funding for summer reading 49 
programs.  The fund shall consist of moneys appropriated 50 
annually by the general assembly from general revenue to 51 
such fund, any moneys paid into the state treasury and 52 
required by law to be credited to such fund and any gifts, 53 
bequests or donations to such fund.  The fund shall be kept 54 
separate and apart from all other moneys in t he state  55 
treasury and shall be paid out by the state treasurer 56 
pursuant to chapter 33.  Notwithstanding the provisions of 57 
section 33.080 to the contrary, moneys in the fund at the 58 
end of the biennium shall not be transferred to the credit 59 
of the general revenue fund.  All interest and moneys earned 60 
on the fund shall be credited to the fund. 61 
     167.268.  1.  Each [local] school district and charter  1 
school shall have on file a policy for reading 2   SS SCS SBs 681 & 662 10 
[intervention] success plans [for any pupils of the district 3 
in grades kindergarten through three pursuant to the 4 
provisions of this section.  Such plans shall identify 5 
strategies to be followed by the district teachers to raise 6 
a pupil identified as reading below grade level by 7 
recognized methods to reading at grade level by the end of 8 
the third grade.  Recognized methods of identification may 9 
include but need not be limited to the scores of the pupil 10 
obtained through any established standardized testing 11 
program currently administered b y the district, observations 12 
of classroom teachers, and documented classroom 13 
performance].  Each school district and charter school   14 
shall provide all parents and guardians of students, 15 
including parents of students who are identified as having a 16 
substantial deficiency in reading under subsection 1 of 17 
section 167.645, with suggestions for regular parent -guided  18 
home reading. 19 
     2.  [The state board of education ] The department of  20 
elementary and secondary education shall develop guidelines 21 
to assist districts and charter schools in formulating  22 
policies for reading [intervention] success plans.  Such  23 
guidelines may include, but are not limited to, measures of  24 
reading proficiency, strategies for addressing reading 25 
deficiencies, timelines for measuring pupil improvement in 26 
reading, and information on screening [for and treatment] of  27 
[auditory] dyslexia[, and information on the Lindamood 28 
Auditory Conceptualization Test and the Auditory 29 
Discrimination in Depth Program ].  Such guidelines may also 30 
identify performance levels for pupils identified as 31 
handicapped or severely handicapped and conditions under 32 
which such pupils [are] may be exempt from the provisions of 33 
this section and section 167.645. 34   SS SCS SBs 681 & 662 11 
     3.  [Each local school district enrolling a pupil  35 
identified as reading below grade level shall develop an 36 
individual plan of reading intervention for such pupil.  The  37 
individual pupil's plan may include individual or group 38 
reading development activities.  The plan may be developed 39 
after consultation with the pupil's parent or legal 40 
guardian] Each school district and charter school shall 41 
provide intensive reading instruction to students as 42 
provided in section 167.645 . 43 
     167.640.  1.  School districts [may] shall adopt a  1 
policy with regard to student promotion which may require 2 
remediation as a condition of promotion to the next grade 3 
level for any student identified by the district as failing 4 
to master skills and competencies established for that 5 
particular grade level b y the district board of education.   6 
School districts may also require parents or guardians of 7 
such students to commit to conduct home -based tutorial  8 
activities with their children or, in the case of a student 9 
with disabilities eligible for services pur suant to sections  10 
162.670 to 162.1000, the individual education plan shall 11 
determine the nature of parental involvement consistent with 12 
the requirements for a free, appropriate public education. 13 
     2.  Such remediation shall recognize that different 14 
students learn differently and shall employ methods designed 15 
to help these students achieve at high levels.  Such  16 
remediation may include, but shall not necessarily be 17 
limited to, a mandatory summer school program focused on the 18 
areas of deficiency or other such activities conducted by 19 
the school district outside of the regular school day.   20 
Decisions concerning the instruction of a child who receives 21 
special educational services pursuant to sections 162.670 to 22   SS SCS SBs 681 & 662 12 
162.1000 shall be made in accordance wi th the child's  23 
individualized education plan. 24 
     3.  School districts providing remediation pursuant to 25 
this section or section 167.645 outside of the traditional 26 
school day may count extra hours of instruction in the 27 
calculation of average daily att endance as defined in 28 
section 163.011. 29 
     167.645.  1.  [For purposes of this section, the 1 
following terms mean: 2 
     (1)  "Reading assessment", a recognized method of 3 
judging a student's reading ability, with results expressed 4 
as reading at a particular grade level.  The term reading  5 
assessment shall include, but is not limited to, standard 6 
checklists designed for use as a student reads out loud, 7 
paper-and-pencil tests promulgated by nationally recognized 8 
organizations and other rec ognized methods of determining a 9 
student's reading accuracy, expression, fluency and 10 
comprehension in order to make a determination of the 11 
student's grade-level reading ability.  Assessments which do 12 
not give a grade-level result may be used in combina tion  13 
with other assessments to reach a grade -level  14 
determination.  Districts are encouraged but not required to 15 
select assessment methods identified pursuant to section 16 
167.346.  Districts are also encouraged to use multiple 17 
methods of assessment; 18 
    (2)  "Summer school", for reading instruction purposes, 19 
a minimum of forty hours of reading instruction and 20 
practice.  A school district may arrange the hours and days 21 
of instruction to coordinate with its regular program of 22 
summer school. 23 
     2.  For purposes of this section, methods of reading 24 
assessment shall be determined by each school district.   25   SS SCS SBs 681 & 662 13 
Unless a student has been determined in the current school 26 
year to be reading at grade level or above, each school 27 
district shall administer a read ing assessment or set of 28 
assessments to each student within forty -five days of the  29 
end of the third-grade year, except that the provisions of 30 
this subsection shall not apply to students receiving 31 
special education services under an individualized educa tion  32 
plan pursuant to sections 162.670 to 162.999, to students 33 
receiving services pursuant to Section 504 of the 34 
Rehabilitation Act of 1973 whose services plan includes an 35 
element addressing reading or to students determined to have 36 
limited English proficiency or to students who have been 37 
determined, prior to the beginning of any school year, to 38 
have a cognitive ability insufficient to meet the reading 39 
requirement set out in this section, provided that districts 40 
shall provide reading improvement pl ans for students  41 
determined to have such insufficient cognitive ability.  The  42 
assessment required by this subsection shall also be 43 
required for students who enter a school district in grades 44 
four, five or six unless such student has been determined in 45 
the current school year to be reading at grade level or 46 
above. 47 
     3.  Beginning with school year 2002 -03, for each  48 
student whose third-grade reading assessment determines that 49 
such student is reading below second -grade level, the school 50 
district shall design a reading improvement plan for the 51 
student's fourth-grade year.  Such reading improvement plan 52 
shall include, at a minimum, thirty hours of additional 53 
reading instruction or practice outside the regular school 54 
day during the fourth -grade year.  The school district shall 55 
determine the method of reading instruction necessary to 56 
enforce this subsection.  The school district may also 57   SS SCS SBs 681 & 662 14 
require the student to attend summer school for reading 58 
instruction as a condition of promotion to fourth grade .   59 
The department of elementary and secondary education may, 60 
from funds appropriated for the purpose, reimburse school 61 
districts for additional instructional personnel costs 62 
incurred in the implementation and execution of the thirty 63 
hours of additional reading instruction minus the revenue 64 
generated by the school district through the foundation 65 
formula for the additional reading instruction average daily 66 
attendance. 67 
     4.  Each student for whom a reading improvement plan 68 
has been designed pursuan t to subsection 3 of this section 69 
shall be given another reading assessment, to be 70 
administered within forty -five days of the end of such 71 
student's fourth-grade year.  If such student is determined 72 
to be reading below third -grade level, the student sha ll be  73 
required to attend summer school to receive reading 74 
instruction.  At the end of such summer school instruction, 75 
such student shall be given another reading assessment.  If  76 
such student is determined to be reading below third -grade  77 
level, the district shall notify the student's parents or 78 
guardians, and the student shall not be promoted to fifth 79 
grade.  No student shall be denied promotion more than once 80 
solely for inability to meet the reading standards set out 81 
in this section. 82 
     5.  The process described in subsections 3 and 4 of 83 
this section shall be repeated as necessary through the end 84 
of the sixth grade, with the target grade level rising 85 
accordingly.  Mandatory retention in grade shall not apply 86 
to grades subsequent to fourth grad e. 87 
     6.  The mandatory process of additional reading 88 
instruction pursuant to this section shall cease at the end 89   SS SCS SBs 681 & 662 15 
of the sixth grade.  The permanent record of students who 90 
are determined to be reading below the fifth -grade level at  91 
the end of sixth grade shall carry a notation advising that 92 
such student has not met minimal reading standards.  The  93 
notation shall stay on the student's record until such time 94 
as the district determines that a student has met minimal 95 
reading standards. 96 
     7.  Each school district shall be required to offer 97 
summer school reading instruction to any student with a 98 
reading improvement plan.  Districts may fulfill the 99 
requirement of this section through cooperative arrangements 100 
with neighboring districts; provided that such districts  101 
shall timely make all payments provided pursuant to such 102 
cooperative agreements. 103 
     8.  A school district may adopt a policy that requires 104 
retention in grade of any student who has been determined to 105 
require summer school instruction in reading and who does 106 
not fulfill the summer school attendance requirement. 107 
     9.  Nothing in this section shall preclude a school 108 
district from retaining any student in grade when a 109 
determination is made in accordance with district policy 110 
that retention is in the best interests of the student. 111 
     10.  The state board of education shall not incorporate 112 
information about the number of students receiving 113 
additional instruction pursuant to this section into any 114 
element of any standard of the Misso uri school improvement 115 
program or its successor accreditation program; provided, 116 
however, each district shall make available, upon the 117 
request of any parent, patron, or media outlet within the 118 
district, the number and percentage of students receiving 119 
remediation pursuant to this section.  The information shall 120   SS SCS SBs 681 & 662 16 
be presented in a way that does not permit personal 121 
identification of any student or educational personnel. 122 
     11.  Each school district shall make a systematic 123 
effort to inform parents of t he methods and materials used 124 
to teach reading in kindergarten through fourth grade, in 125 
terms understandable to a layperson and shall similarly 126 
inform parents of students for whom a reading improvement 127 
plan is required pursuant to this section ] Each school  128 
district and charter school shall assess all students 129 
enrolled in kindergarten through grade three at the 130 
beginning and end of each school year for their level of 131 
reading or reading readiness on state -approved reading  132 
assessments.  Additionally all school districts and charter 133 
schools shall assess any newly enrolled student in grades 134 
one through five for their level of reading or reading 135 
readiness on a reading assessment from the state -approved  136 
list.  At the beginning of the school year, each school  137 
district and charter school shall provide a reading success 138 
plan to any student who: 139 
     (1)  Exhibits a substantial deficiency in reading which 140 
creates a barrier to the child's progress learning to read.   141 
The identification of such deficiency may be based upon the 142 
most recent assessments or teacher observation; or 143 
     (2)  Has been identified as being at risk of dyslexia 144 
in the statewide dyslexia screening or has a formal 145 
diagnosis of dyslexia. 146 
For the purposes of this section, a substantia l reading  147 
deficiency shall refer to a student who is one or more grade 148 
level or levels behind in reading or reading readiness; 149 
provided that nothing in this section shall be interpreted 150 
to prevent a school district or charter school from offering 151   SS SCS SBs 681 & 662 17 
a reading success plan to any student based on an assessment 152 
completed at the start and end of the school year or teacher 153 
observation.  For any student entering the school district 154 
or charter school after the start of the school year, such 155 
student shall be provided a reading success plan in the 156 
event the student has been identified as having a 157 
substantial reading deficiency based on the student's most 158 
recent assessment or otherwise being identified through 159 
teacher observation.  The student's reading pro ficiency  160 
shall be reassessed by reading assessments on the state - 161 
approved list.  The student shall continue to be provided 162 
with intensive reading instruction under a reading success 163 
plan until the reading deficiency is remedied. 164 
     2.  The district or charter school shall notify the 165 
parent or guardian of any student in kindergarten through 166 
grade three who exhibits a substantial deficiency in 167 
reading, as described in subsection 1 of this section, at 168 
least annually in writing, and in an appropriate,  169 
alternative manner for the parent or other guardian if 170 
necessary, of the following: 171 
     (1)  That the child has been identified as having a 172 
substantial deficiency in reading; 173 
     (2)  A description of the services currently provided 174 
to the child; 175 
    (3)  A description of the proposed supplemental 176 
instructional services and supports that the school district 177 
will provide to the child that are designed to remediate the 178 
identified area of reading deficiency.  For students  179 
identified being at risk o f dyslexia or those that have a 180 
diagnosis of dyslexia the district shall provide an 181 
explanation that the instruction that will be used to teach 182 
the child reading shall be explicit, systematic, and 183   SS SCS SBs 681 & 662 18 
diagnostic and based on phonological awareness, phonics ,  184 
fluency, vocabulary, comprehension, morphology, syntax, and 185 
semantics; 186 
     (4)  Strategies for parents and guardians to use in 187 
helping the child succeed in reading proficiency, including 188 
but not limited to the promotion of parent -guided home  189 
reading. 190 
     3.  If the school district or charter school provides a 191 
summer reading program under this section, the district or 192 
charter school shall notify the parent or guardian of each 193 
student who exhibits a substantial deficiency in reading of 194 
the opportunity to attend the summer reading program. 195 
     4.  If a student has a substantial reading deficiency 196 
at the end of third grade, the student's parent or guardian 197 
and appropriate school staff shall discuss whether the 198 
student should be retained in grade level, based on a  199 
consideration of all relevant factors, including the reading 200 
deficiency, the student's progress in other subject areas, 201 
and the student's overall intellectual, physical, emotional, 202 
and social development.  A decision to promote or re tain a  203 
student with a substantial reading deficiency at the end of 204 
grade three shall be made only after direct personal 205 
consultation with the student's parent or guardian and after 206 
the formulation of a specific plan of action to remedy the 207 
student's reading deficiency. 208 
     5.  Each school district or charter school shall do all 209 
of the following: 210 
     (1)  Provide students who are identified as having a 211 
substantial deficiency in reading under subsection 1 of this 212 
section, have been identified as bei ng at risk of dyslexia 213 
in the statewide dyslexia screening or have a formal 214 
diagnosis of dyslexia with intensive instructional services 215   SS SCS SBs 681 & 662 19 
and supports specified in a reading success plan, as 216 
appropriate according to student need, free of charge, to 217 
remediate the identified areas of reading deficiency, 218 
including additional scientific, evidence -based reading  219 
instruction and other strategies prescribed by the school 220 
district or charter school which may include but are not 221 
limited to the following: 222 
     (a)  Small group or individual instruction; 223 
     (b)  Reduced teacher-student ratios; 224 
     (c)  More frequent progress monitoring; 225 
     (d)  Tutoring or mentoring; 226 
     (e)  Extended school day, week, or year; and 227 
     (f)  Summer reading programs; 228 
     (2)  For any student with a formal diagnosis of 229 
dyslexia or for a student who was found to be at risk of 230 
dyslexia in the statewide dyslexia screening, the school 231 
district or charter school shall provide evidence -based  232 
reading instruction that addresses p honology, sound-symbol  233 
association, syllable instruction, morphology, syntax, and 234 
semantics provided through systematic, cumulative, explicit, 235 
and diagnostic methods; 236 
     (3)  At regular intervals, but no less than four times 237 
per year in a manner that reflects progress through each 238 
school term, notify the parent or guardian of academic and 239 
other progress being made by the student and give the parent 240 
or guardian other useful information. 241 
     (4)  In addition to required reading enhancement and 242 
acceleration strategies, provide all parents of students, 243 
including parents of students who are identified as having a 244 
substantial deficiency in reading under subsection 1 of this 245 
section, with a plan that includes suggestions for regular 246 
parent-guided home reading. 247   SS SCS SBs 681 & 662 20 
     6.  Each school district and charter school shall 248 
ensure that intensive reading instruction through a reading 249 
development initiative shall be provided to each 250 
kindergarten through grade five student who is assessed as 251 
exhibiting a substantial deficiency in reading.  In addition  252 
to the requirements otherwise provided, such instruction 253 
will also comply with all of the following criteria: 254 
     (1)  Be provided to all kindergarten through grade five 255 
students who exhibit a substantial defi ciency in reading  256 
under this section.  The assessments shall measure phonemic 257 
awareness, phonics, fluency, vocabulary, and comprehension; 258 
     (2)  Be provided during regular school hours; 259 
     (3)  Provide a reading curriculum that meets the 260 
requirements of section 170.014, and at a minimum has the 261 
following specifications: 262 
     (a)  Assists students assessed as exhibiting a 263 
substantial deficiency in reading to develop the skills to 264 
read at grade level; 265 
     (b)  Provides skill development in phonemi c awareness,  266 
phonics, fluency, vocabulary, and comprehension; 267 
     (c)  Includes a scientifically based and reliable 268 
assessment; 269 
     (d)  Provides initial and ongoing analysis of each 270 
student's reading progress; and 271 
     (e)  Provides a curriculum in c ore academic subjects to 272 
assist the student in maintaining or meeting proficiency 273 
levels for the appropriate grade in all academic subjects. 274 
     7.  School districts and charter schools shall report 275 
to the department the specific intensive reading 276 
interventions and supports implemented by the school 277 
district or charter school pursuant to this section as well 278 
as the reading assessment data collected for grades 279   SS SCS SBs 681 & 662 21 
kindergarten through five.  The department shall annually 280 
prescribe the components of requ ired or requested reports. 281 
     8.  (1)  Each school district and charter school shall 282 
address reading proficiency as part of its comprehensive 283 
school improvement plan, drawing upon information about 284 
children from assessments conducted pursuant to subse ction 1  285 
and the prevalence of deficiencies identified by classroom, 286 
elementary school, and other student characteristics.  As  287 
part of its comprehensive school improvement plan or 288 
contract, each school district or charter school shall 289 
review chronic early elementary absenteeism for its impact 290 
on literacy development.  If more than fifteen percent of an 291 
attendance center's students are not at grade level in 292 
reading by the end of third grade, the comprehensive school 293 
improvement plan or contract shall include strategies to 294 
reduce that percentage, including school and community 295 
strategies to raise the percentage of students who are 296 
proficient in reading. 297 
     (2)  Each school district and charter school shall 298 
provide professional development service s to enhance the  299 
skills of elementary teachers in responding to children's 300 
unique reading issues and needs and to increase the use of 301 
evidence-based strategies. 302 
     170.014.  1.  This section shall be known as the 1 
"Reading Instruction Ac t" and is enacted to ensure that all 2 
public schools including charter schools establish reading  3 
programs in kindergarten through grade [three] five based in  4 
scientific research.  "Evidence-based reading instruction" 5 
includes practices that have been pr oven effective through 6 
evaluation of the outcomes for large numbers of students and 7 
are highly likely to be effective in improving reading if 8 
implemented with fidelity.  Such programs shall include the 9   SS SCS SBs 681 & 662 22 
essential components of phonemic awareness, phonic s,  10 
fluency, vocabulary, and comprehension, and all new teachers 11 
who teach reading in kindergarten through grade three shall 12 
receive adequate training in these areas. 13 
     2.  [The program described in subsection 1 of this 14 
section may include "explicit systematic phonics", which, 15 
for the purposes of this section, shall mean the methodology 16 
of pronouncing and reading words by learning the phonetic 17 
sound association of individual letters, letter groups, and 18 
syllables, and the principles governing these associations. 19 
     3.]  Every public school in the state shall offer a 20 
reading program as described in subsection 1 of this section 21 
for kindergarten through grade [three] five. 22 
     186.080.  1.  The commissioner of education shall 1 
establish a literacy advisory council.  The council shall  2 
consist of no more than twenty members, appointed by the 3 
commissioner, and shall include members representing the 4 
following stakeholder groups: 5 
     (1)  School boards; 6 
     (2)  Charter schools; 7 
     (3)  School superintendents; 8 
     (4)  Elementary and secondary building principals; 9 
     (5)  At least three teachers, including at least two 10 
teachers with expertise in reading instruction; 11 
     (6)  At least two special education educators; 12 
     (7)  At least two parents of elementary and secondary 13 
school-age pupils who have struggled with literacy 14 
proficiency; 15 
     (8)  At least two community members who have struggled 16 
with literacy proficiency or supported others who have 17 
struggled with literacy pr oficiency, at least one of whom 18 
shall be a high school student; 19   SS SCS SBs 681 & 662 23 
     (9)  One member from dyslexia advocacy group; 20 
     (10)  Faculty members of institutions of higher 21 
education with approved teacher preparation programs; 22 
     (11)  Professionals with ex pertise in reading 23 
instruction, reading interventions and how students learn to 24 
read including one certified academic language therapist; and 25 
     (12)  Professionals with expertise in educational 26 
assessment data analysis. 27 
     2.  The council shall mee t at least twice per year to 28 
review best practices in literacy instruction and related 29 
policy provisions.  The department shall provide necessary 30 
staff and resources for the work of the advisory council. 31 
     3.  The council shall periodically provide 32 
recommendations to the commissioner and the state board of 33 
education regarding any identified improvements to literacy 34 
instruction and policy for students.  The recommendations 35 
may include recommendations for changes to state law, and 36 
the commissioner shall furnish any such recommendations to 37 
the joint committee on education. 38 
     4.  The council recommendations shall: 39 
     (1)  Advise the department of elementary and secondary 40 
education on how to implement and maintain the statewide 41 
literacy plan required under section 161.241 and advise the 42 
department, school districts and charter schools on ways to 43 
inform and engage parents and other community members about 44 
the literacy plan; 45 
     (2)  Provide advice as to what services the department 46 
should provide to school districts and charter schools to 47 
support implementation of the plan and on staffing levels 48 
and resources needed at the department to support the 49 
statewide effort to improve literacy; 50   SS SCS SBs 681 & 662 24 
     (3)  Provide advice regarding the statewide plan for  51 
collecting literacy-related data that informs: 52 
     (a)  Literacy instructional practices; 53 
     (b)  Teacher professional development in the field of 54 
literacy; 55 
     (c)  What proficiencies and skills should be measured 56 
through literacy assessments a nd how those assessments are 57 
incorporated into local assessment plans; and 58 
     (d)  How to identify school progress in achieving 59 
literacy outcomes, including closing literacy gaps for 60 
students from historically underserved populations; 61 
     (4)  Recommend best practices for tiered literacy 62 
instruction within a multi -tiered system of supports to best 63 
improve and sustain literacy proficiency; 64 
     (5)  Review literacy assessments and outcomes and 65 
provide ongoing advice as to how to continuously improve  66 
those outcomes and sustain improvement; and 67 
     (6)  Provide a means for members of the public to 68 
provide input and ask questions concerning literacy issues. 69 
     Section B.  The repeal and reenactment of section 1 
167.645 of this act shal l become effective January 1, 2023. 2 
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