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of the State of Missouri, as follows: Section A. Sections 161.097, 167.268, 167.640, 167.645, 1 and 170.014, RSMo, are repealed and eight new sections enacted 2 in lieu thereof, to be known as sections 161.097, 161.214, 3 161.241, 167.268, 167.640, 167.645, 170.014, and 186.080, to 4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