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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2672 By: Baker
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 6-194, as amended by Section 1 , Chapter 211,
O.S.L. 2022 (70 O.S. Supp. 2022, S ection 6-194),
which relates to professional development programs;
requiring dyslexia and dysgraphia program be approved
by the State Department of Ed ucation; amending 70
O.S. 2021, Sections 1210.508C and 1210.508D, which
relate to the Reading Sufficiency Act; deleting
exception for avoiding annual submission of reading
sufficiency plan updates; requiring annual report of
certain student data by specified date; modifying
funding allocation for Reading Sufficiency Act funds;
providing funding for students enrolled in
kindergarten and first, second, and third grades;
directing funds be used only for certain purposes;
mandating certain school districts receive Department
approval prior to fund distribution; requiring
retention of certain funds to employ a liter acy
instructional team; providing for technical
assistance and program implementation guidance to
team members and schools; directing team members to
be placed regionally statewide; providing du ties for
team; listing training required for team members;
providing Department oversig ht of team; establishing
minimum criteria for team employees; listing hiring
preferences for team members with certain knowle dge
and training; providing for codification; provi ding
an effective date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -194, as
amended by Section 1, Chapter 211, O.S.L. 2022 (70 O.S. Su pp. 2022,
Section 6-194), is amended to read as follows:
Section 6-194. A. The district boards of education of this
state shall establish professional development programs fo r the
certified teachers and administrators of the di strict. Programs
shall be adopted by each board based upon recommendations of a
professional development committee appointed by the board of
education for the district . For the fiscal years ending June 30,
2011, and June 30, 2012, a school district board of education may
elect not to adopt and offer a professional development program f or
certified teachers and administrators of the district . If a school
district elects not to adopt and offer a professi onal development
program, the district may expend any monies allocated for
professional development for any purpose related to the suppo rt and
maintenance of the school district as determined by the b oard of
education of the school district.
B. Each professional development committee shall include
classroom teachers, administrators, school counselors or licensed
mental health providers, a nd parents, guardians or custodians of
children in the school di strict and shall consult with a higher
education faculty. A majority of the members of the professional
development committee shall be composed of classroom teachers. The
teacher members shall be selected by a designated administrator of
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the school district from a list of names submitted by the teachers
in the school district. The members selected shall be sub ject to
the approval of a majority vote of the teachers in the district.
C. In developing program recommendations, each professional
development committee shall annually utilize a data -driven approach
to analyze student data and determine district and sch ool
professional development needs. The professional development
programs adopted shall be directed toward development of
competencies and instruc tional strategies in the core curriculum
areas for the following goals:
1. Increasing the academic performan ce data scores for the
district and each school site;
2. Closing achievement gaps among student subgroups;
3. Increasing student achievement as d emonstrated on state -
mandated tests and the ACT;
4. Increasing high school graduation rates; and
5. Decreasing college remediation rates.
Each program may also include components on classroo m management
and student discipline strategies, outreach to pare nts, guardians or
custodians of students, specia l education, and racial and ethnic
education, which all perso nnel defined as teachers in Section 1-116
of this title shall be required to comple te on a periodic basis.
The State Board of Education shall prov ide guidelines to assist
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school districts in dev eloping and implementing racial and ethnic
education components into professional development programs.
D. At a minimum of once an academic yea r a program shall be
offered which includes the following:
1. Training on recognition of child abuse and negl ect;
2. Recognition of child sexual abuse;
3. Proper reporting of suspected abuse; and
4. Available resources.
E. One time per year, beginning in the 2009-2010 school year,
training in the area of autism sh all be offered and all resident
teachers of students in early childhood programs through grade three
shall be required to complete the autism training during the
resident year and at least one time every three (3) years
thereafter. All other teachers and education support professionals
of students in early childhood programs through grade three shall be
required to complete the autism training at least one time every
three (3) years. The autism training shall include a minimum
awareness of the characteris tics of autistic children, resources
available and an introduction to positive behavior supports to
challenging behavior. Each adopted program shall allow school
counselors to receive at leas t one-third (1/3) of the hours or
credit required each year thro ugh programs or courses specifically
designed for school counselors.
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Districts are authorized to utilize any means for professional
development that is not prohibited by law including, but not limited
to, professional development provided by the district, any state
agency, institution of higher e ducation, or any pri vate entity.
F. One time per year, beginning in the 2020-2021 school year, a
dyslexia awareness program shall be offered. Beginning in the 2023-
2024 school year, the program shall include information and training
in dysgraphia. At a minimum, the program shall be approved by the
State Department of Education and include:
1. Training in awareness of dyslexia characteristics in
students;
2. Training in effective classr oom instruction to meet the
needs of students with dyslexia; and
3. Available dyslexia resources for teacher s, students and
parents.
G. Except as otherwise provided for in this subsection, each
certified teacher in this state shall be required by the dis trict
board of education to meet the professi onal development requirements
established by the board, or estab lished through the negotiation
process. Except as otherwise provided for in this subsection, t he
professional development requirements established by each board of
education shall require eve ry teacher to annually complete a mini mum
number of the total nu mber of points required to maintain
employment. Failure of any teacher to meet district board of
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education professional development requirements m ay be grounds for
nonrenewal of such teacher 's contract by the board. Such failure
may also be grounds for n onconsideration of salary increments
affecting the teacher. For the fiscal years ending June 3 0, 2011,
and June 30, 2012, a certified teacher shal l not be required to
complete any points of t he total number of professional develo pment
points required. Provided, a teacher may elect to complet e some or
all of the minimum number of points required fo r the two (2) fiscal
years and any points completed shall be counted toward the total
number of points required to maintain employment. If a teacher does
not complete some or all of the minimum numb er of points required
for one (1) or both fiscal years, t he total number of points
required to maintain emplo yment shall be adjusted and reduced by the
number of points not completed.
H. Each district shall annually s ubmit a report to the State
Department of Education on the district level professional
development needs, activities completed, expenditures, and r esults
achieved for each school year by each goal as provided in subsection
C of this section. If a school district elects not to adopt and
offer a professional development program as provided for in
subsection A of this section, the district shall not be required to
submit an annual report as requi red pursuant to this subsection but
shall report to the State De partment of Education its election not
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to offer a program and all professional development act ivities
completed by teachers and administrators of t he school district.
I. Subject to the availa bility of funds, the Department shall
develop an online system f or reporting as required in subsection H
of this section. The Department shall also make suc h information
available on its website.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.508C,
is amended to read as follows:
Section 1210.508C A. 1. Each student enrolled in kindergarten
in a public school in this state shall be screened at th e beginning,
middle and end of each school year for reading skills including, but
not limited to, phonem ic awareness, letter recognition, and oral
language skills as identified in the subject matter st andards
adopted by the State Board of Education. A scr eening instrument
approved by the State Board shall be utilized for the purposes of
this section.
2. For those kindergarten children at risk for reading
difficulties at the beginning of the year, teac hers shall emphasize
reading skills as identified in th e subject matter standards adopted
by the State Board of Education, monitor progress throughout the
year and measure mid-year and year-end reading progress.
3. Kindergarten students who are not meetin g grade-level
targets by mid-year in reading shall be p rovided a program of
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reading instruction designed to enable the student to acquire the
appropriate grade-level reading skills.
4. Classroom assistants, whi ch may include parents,
grandparents, or othe r volunteers, shall be provided in kindergarten
classes to assist with the screening of students if a teacher aide
is not already employed to assist in a kinde rgarten classroom.
B. Each student enrolled in firs t, second and third grade of
the public schools of this state shall be assessed at the beginning,
middle and end of each school year using a screening instrument
approved by the State Board of Education f or the acquisition of
reading skills including, but not limited to, phonemic awareness,
phonics, reading fluency, vocabulary, and comprehension.
C. Any student enrolled in first, second or third grade who is
assessed and who is not meeting grade -level targets in reading shall
be provided a program of readi ng instruction designed to enable the
student to acquire the appropriate grade level reading skills. The
program of reading instruction shall include provisions of the READ
Initiative adopted by the scho ol district as provided for in
subsection P of this section. Throughout the year progress
monitoring shall continue, and diagnostic assessment, if dete rmined
appropriate, shall be provided. Year -end reading skills shall be
measured to determine reading s uccess.
D. The State Board of Education shall appro ve screening
instruments for use at the begin ning and end of the school year, for
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monitoring of progress, and for measurement of reading skills at the
end of the school year as required in subsections A a nd B of this
section; provided, at least one of the screening instruments shall
meet the following criteria:
1. Assess for phonemic awareness, phonics, reading fluency,
vocabulary and comprehension;
2. Document the validity and reliability of each assess ment;
3. Can be used for identifying students who a re at risk for
reading deficiency and progres s monitoring throughout the school
year;
4. Can be used to assess students with disabilities and English
language learners; and
5. Accompanied by a data mana gement system that provides
profiles for students, c lass, grade level and school building. The
profiles shall identify each student 's instructional point of need
and reading achievement level. The State Board shall also determine
other comparable reading assessments for diagnostic purposes to be
used for students at risk of reading failure. The Sta te Board shall
ensure that any assessments approved are in alignment with the
subject matter standards adopted by the State Board of Education.
E. 1. The program of reading instruction required in
subsections A and B of this section shall align with the subject
matter standards adopted by the State Board of Education and shall
include provisions of the READ Initiative adopted by the school
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district as provided for in subsection P of this section. A program
of reading instruction may include, but is not l imited to:
a. sufficient additional in -school instructional time for
the acquisition of phonemic awareness, phonics,
reading fluency, vocabulary, and comprehen sion,
b. if necessary, tutorial instruction after re gular
school hours, on Saturdays and during s ummer; however,
such instruction may not be counted tow ard the one-
hundred-eighty-day or one-thousand-eighty-hour school
year required in Section 1 -109 of this title, and
c. assessments identified for diagnostic purposes and
periodic monitoring to measure the acquisition of
reading skills including, but not li mited to, phonemic
awareness, phonics, reading fluency, vocabulary, and
comprehension, as identified in the student's program
of reading instruction.
2. A student enrolled in first or second grades wh o has been
assessed as provided for in subsection B of this section and found
not to be meeting grade -level targets in reading, shall be entitled
to supplemental instructional services and supports in reading un til
the student is determined by the results of a screening instrument
to be meeting grade-level targets in reading. The program of
reading instruction for each student shall be developed by a Student
Reading Proficiency Team and shall include supplementa l
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instructional services and supports. Each team shall be composed
of:
a. the parent or guardian of the student,
b. the teacher assigned to the student who had
responsibility for reading instruction in t hat
academic year,
c. a teacher who is responsible f or reading instruction
and is assigned to tea ch in the next grade level of
the student, and
d. a certified reading specialist, if one is available.
F. The program of reading instruction shall continue un til the
student is determined by the results of appr oved reading assessments
to be meeting grade-level targets.
G. 1. Every school district shall adop t, and implement a
district reading sufficiency plan which has had input from school
administrators, teachers, and parents and if possible a reading
specialist, and which shall be submitted electronica lly to and
approved by the State Board of Education. T he plan shall be updated
annually. School districts shall not be required to electronically
submit the annual updates to the Board if the last plan submitt ed to
the Board was approved and expenditures for the program include only
expenses relating to indi vidual and small group tutoring, purchase
of and training in the use of screening and assessment measure s,
summer school programs and Saturday school progra ms. If any
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expenditure for the program is de leted or changed or any other type
of expenditure for t he program is implemented, the school district
shall be required to submit the latest annual update to t he Board
for approval. The district reading suffici ency plan shall include a
plan for each site which includes an analysis of the data provided
by the Oklahoma School Testing Program and other reading assessments
utilized as required in this section, and which outlines how each
school site will comply with the provisions of the Reading
Sufficiency Act. Each year, on or before October 1, a school
district shall report to the Board for students enrolled in
prekindergarten, kindergarten, first, second, and third grades:
a. the number of retained students,
b. the number of times a student has been retained, an d
c. the number of students in transitional class rooms.
2. The State Board of Education shall adopt rules for the
implementation and evaluation of the provisions of the Reading
Sufficiency Act. The evaluation s hall include, but not be limited
to, an analysis of the data required in subsection S of this
section.
H. For any third-grade student found not to be meeting grade -
level targets as determined by reading assessments administered
pursuant to this section, a new program of reading instruction,
including provisions of the READ Initiative adopted by t he school
district as provided for in subsection P of this section, shall be
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developed by a Student Reading Proficiency Team and implemented as
specified in subsection E of this section. In addition to othe r
requirements of the Reading Sufficiency Act, th e plan may include
specialized tutoring.
I. 1. Any first-grade, second-grade or third-grade student who
demonstrates end of year proficiency in reading at the th ird-grade
level through a screening instrume nt which meets the acquisition of
reading skills criteria pursuant to subsection B of this section
shall not be subject to retention pursuant to this section. After a
student has demonstrated proficiency through a screening instrument,
the district shall provide notification to the parent or guardian of
the student that they have satisfied the requirements of the Reading
Sufficiency Act and will not be subject to retention pursuant to
this section.
2. If a third-grade student is identified at any point of the
academic year as having a significant readin g deficiency, which
shall be defined as not meeting grade -level targets on a screening
instrument which meets the acquisition of reading skills criteria
pursuant to subsection B of this section, the district shall
immediately begin a student reading portfo lio as provided by
subsection L of this section and shall provide notice to the parent
of the deficiency pursuant to subsection J of this section.
3. If a student has not yet satisfied the proficiency
requirements of this section prior to the completion o f third grade
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and still has a significant reading deficiency, as identified based
on assessments administered as provided for in subsection B of this
section, has not accumulated evidence of third -grade proficiency
through a student portfolio as provided i n subsection L of this
section, or is not subject to a good -cause exemption as provided in
subsection L of this section, then the student shall not be eligible
for automatic promotion to fourth grade.
4. The minimum criteria for grade-level performance of third-
grade students pursuant to the Reading Sufficiency Act shall be that
students are able to read and comprehend grade -level text. To
determine the promotion and retention of third-grade students
pursuant to the Reading Sufficiency Act, the State Boar d of
Education shall use only the scores for the standards for reading
foundations/processes and vocabulary portions of the statewide
third-grade assessment admini stered pursuant to Section 1210.508 of
this title and shall not use the scores from the other language arts
portions of the assessment. The performance levels established by
the Commission for Educational Quality and Accountability pursuant
to Section 1210.508 of this title shall ensure that studen ts meeting
the performance-level criteria are per forming at grade level on the
reading foundations and vocabulary portions of the statewide third -
grade assessment.
5. a. A student not eligible for automatic promo tion as
provided for under paragraph 3 of th is subsection and
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who does not meet the criteria established by the
Commission for Educational Quality and Accountability
on the reading portion of the statewide third -grade
assessment administered pursuant to Se ction 1210.508
of this title may be evaluate d for probationary
promotion by the Student Readi ng Proficiency Team
which was created for the student pursuant to
subsection E of this section.
b. The student shall be promoted to the fourth grade if
the team members unanimously recommend probationary
promotion to the school principal and the school
district superintendent and the principal and
superintendent approve the recommendation that
promotion is the best option for the student. If a
student is allowed a probationary promotion, the team
shall continue to review the reading performance of
the student and repeat the requirements of this
paragraph each academic year until the student
demonstrates grade-level reading proficiency, as
identified through a screen ing instrument which meets
the acquisition of reading skills criteria pursuant to
subsection B of this section, for the corresponding
grade level in which the student is enrolled or
transitions to a locally designed remediation plan
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after the fifth grade w hich shall have the goal of
ensuring that the student is on track to be college
and career ready.
6. Beginning with the 2017 -2018 school year, students who do
not meet the performance criteria established by the Commission for
Educational Quality and Acco untability on the reading portion of the
statewide third-grade assessment administered pursua nt to Section
1210.508 of this title, who are not subject to a good cause
exemption as provided in subsection L of this section, and who do
not qualify for promoti on or probationary promotion as provided in
this subsection, shall be retained in the third g rade and provided
intensive instructional services and supports as provided for in
subsection O of this section.
7. Each school district shall annually report to the State
Department of Education the number of students promoted to the
fourth grade pursuan t to this subsection and the number of students
promoted to a subsequent grade pursuant to the provisions in
paragraph 5 of this subsection. The State Department of Education
shall publicly report the aggre gate and district-specific number of
students promoted on their website and shall provide electronic
copies of the report to the Governor, Secretary of Education,
President Pro Tempore of the Senate, Speaker of t he House of
Representatives, and to the resp ective chairs of the committees with
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responsibility for common education policy in each legislative
chamber.
J. The parent of any student who is found to have a reading
deficiency and is not meeting grade -level reading targets and has
been provided a prog ram of reading instruction as provided for in
subsection B of this section shall be notified in writing of the
following:
1. That the student has been identified as having a substantial
deficiency in reading;
2. A description of the current services that are provided to
the student pursuant to a conjoi nt measurement model such that a
reader and a text are placed on the same scale;
3. A description of the proposed supplemental instructional
services and supports that will be provided to the student that a re
designed to remediate the identified area of r eading deficiency;
4. That the student will not be promoted to the fourth grade if
the reading deficiency is not remediated by the end of the third
grade, unless the student is otherwise promoted as provide d for in
subsection I of this section or is exemp t for good cause as set
forth in subsection L of this section;
5. Strategies for parents to use in helping their child succeed
in reading proficiency;
6. The grade-level performance scores of the student;
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7. That while the results of the statewide asses sments
administered pursuant to Section 1210.508 of this title are the
initial determinant, they are not the sole determiner of promotion
and that portfolio review s and assessments are available; and
8. The specific criteria and policies of the school dis trict
for midyear promotion implemented as provided for in paragraph 4 of
subsection O of this section.
K. No student may be assigned to a grade level based solel y on
age or other factors that constitute so cial promotion.
L. For those students who do not meet the academic requirements
for promotion and who are not otherwise promoted as provided for in
subsection I of this section, a school district may promote the
student for good cause only. Good -cause exemptions for promotion
shall be limited to the fo llowing:
1. English language learners who have had less than two (2)
years of instruction in an English language learner program;
2. Students with disabilities w hose individualized education
program (IEP), consistent with state law, indicates that the st udent
is to be assessed with alternate achievement standards through the
Oklahoma Alternate Assessment Program (OAAP);
3. Students who demonstrate an acceptable l evel of performance
on an alternative standa rdized reading assessment approved by the
State Board of Education;
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4. Students who demonstrate, through a student portfolio, that
the student is reading on grade level as evidenced by demonstration
of mastery of the state standards beyond the retention l evel;
5. Students with disabilities who particip ate in the statewide
assessments administered pursuant to Section 1210.508 of this title
and who have an individualized education program that reflects that
the student has received intensive remediation in reading and has
made adequate progress in reading pursuant to the student 's
individualized education program;
6. Students who have received intensive remediation in reading
through a program of reading instructi on for two (2) or more years
but still demonstrate a deficiency in reading and who were
previously retained in prekindergarten for academic reasons,
kindergarten, first grade, second grade, or third grade; and
7. Students who have been granted an exemptio n for medical
emergencies by the State Depar tment of Education.
M. A student who is otherwis e promoted as provided for in
subsection I of this section or is promoted for good cause as
provided for in subsection L of this section shall be provided
intensive reading instruction that includes speciali zed diagnostic
information and specific reading s trategies for each student until
the student meets grade -level targets in reading. The school
district shall assist schools and teachers to implement reading
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strategies for the promoted students that resear ch has shown to be
successful in improving readin g among low-performing readers.
N. Requests to exempt students from the retention requirements
based on one of the good -cause exemptions as described in subsectio n
L of this section shall be made using the following process:
1. Documentation submitted fr om the teacher of the student to
the school principal that indicates the student meets one of the
good-cause exemptions and promotion of the student is appropriate .
In order to minimize paperwork requiremen ts, the documentation shall
consist only of the a lternative assessment results or student
portfolio work and the individual education plan (IEP), as
applicable;
2. The principal of the school shall review and di scuss the
documentation with the teacher and , if applicable, the other members
of the Student Reading Proficiency Team as described in subsection E
of this section. If the principal determines that the student meets
one of the good-cause exemptions and sh ould be promoted based on the
documentation provided, the principal shall make a recommendati on in
writing to the school district superintendent; and
3. After review, the school district superintendent shall
accept or reject the recommendation of the prin cipal in writing.
O. Each school district s hall:
1. Conduct a review of the program of read ing instruction for
all students who do not meet the performance criteria established by
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the Commission for Educational Quality and Accountability on the
reading portion of the statewide assessment administe red pursuant to
Section 1210.508 of this title an d did not meet the criteria for one
of the good-cause exemptions as set forth in subsection L of this
section. The review shall address additional supports and se rvices,
as described in this subsection, nee ded to remediate the identified
areas of reading deficiency. The school district shall require a
student portfolio to be completed for each retained student;
2. Provide to students who have been retained as set forth in
subsection I of this section with intensive interventions in
reading, intensive ins tructional services and supports to remediate
the identified areas of reading deficiency, including a minimum of
ninety (90) minutes of daily, uninterrupted, scien tific-research-
based reading instruction. R etained students shall be provided
other strategies prescribed by the school district, which may
include, but are not limited to:
a. small group instruction,
b. reduced teacher-student ratios,
c. more frequent progress monitoring,
d. tutoring or mentoring,
e. transition classes containing third - and fourth-grade
students,
f. extended school day, week, or year, and
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g. summer reading academies as provided for in Section
1210.508E of this title, if available;
3. Provide written notification to the parent or g uardian of
any student who is to be retained as s et forth in subsection I of
this section that the student has not met the performance criteria
required for promotion and was not otherwise promoted and the
reasons the student is not eligible for a good -cause exemption. The
notification shall include a d escription of proposed interventions
and intensive instructional supports that will be provided to the
student to remediate the identified areas of reading deficie ncy;
4. Implement a policy for the midyear promotion of a retained
student who can demonstra te that the student is a successful and
independent reader, is reading at or above grade -level targets, and
is ready to be promoted to the fourth grade. Tools tha t school
districts may use in reevaluating a ny retained student may include
screening assessments, alternative assessments, and portfolio
reviews, in accordance with rules of the State Board of Education.
Retained students may only be promoted midyear pri or to November 1
and only upon demonstrating that the student has met the performance
criteria established by the Commission for Educational Quality and
Accountability on the reading portion of the statewide third -grade
assessment administered pursuant to Section 1210.508 of this title,
or upon demonstrating proficiency in reading at the third -grade
level through a screening instrument administered pursuant to
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subsection B of this section, and upon showing progress sufficient
to master appropriate fourth -grade-level skills, as determined by
the school. A midyear promotion shall be made only upon a greement
of the parent or guardian of the student and the school principal;
5. Provide students who are retained with a high -performing
teacher who can address th e needs of the student, based on student
performance data and above-satisfactory performance appraisals; and
6. In addition to required reading enhancement and acceleration
strategies, provide students who are retained with at least one of
the following instructional options:
a. supplemental tutoring in scientific-research-based
reading services in addition to the regular reading
block, including tutoring before or after school,
b. a parent-guided "Read at Home" assistance plan, as
developed by the State D epartment of Education, the
purpose of which is to encourage regular parent-guided
home reading, or
c. a mentor or tutor with specialized reading training.
P. Beginning with the 2011 -2012 school year, each school
district shall establish a Reading Enhance ment and Acceleration
Development (READ) Ini tiative. The focus of the READ Initiative
shall be to prevent the retention of third -grade students by
offering intensive accelerated reading instruction to third -grade
students who failed to meet standards for promotion to fourth grade
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and to kindergarten through third-grade students who are exhibiting
a reading deficiency. The READ Initiative shall:
1. Be provided to all kindergarten through third -grade students
at risk of retention as identified by the asses sments administered
pursuant to the Reading Sufficiency Act. The assessment used shall
measure phonemic awareness, phonics, reading fluency, vocabulary,
and comprehension;
2. Be provided during regular school hours in addition to the
regular reading inst ruction;
3. Provide a reading curriculum th at, at a minimum, meets the
following specificati ons:
a. assists students assessed as exhibiting a reading
deficiency in developing the ability to read at grade
level,
b. provides skill development in phonemic aw areness,
phonics, reading fluency, vocabular y, and
comprehension,
c. provides a scientific -research-based and reliable
assessment,
d. provides initial and ongoing analysis of the reading
progress of each student, and
e. is implemented during regular school hours,;
4. Establish at each school, where applicable, an Intensive
Acceleration Class for retained third-grade students who
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subsequently do not meet the performance criteria established by the
Commission for Educational Quality and Accountability on the reading
portion of the statewide assessment administered pursuant to Section
1210.508 of this title. The focus of the Intensive Acceleration
Class shall be to increase the reading level of a child at least two
grade levels in one (1) school year. The In tensive Acceleration
Class shall:
a. be provided to any student in the third grade who does
not meet the performance criteria established by the
Commission for Educational Quality and Accountability
on the reading portion of the statewide assessments
and who was retained in the third grade the prior year
because of not meeting the performance crit eria on the
reading portion of the statewide assessments,
b. have a reduced teacher -student ratio,
c. provide uninterrupted reading instruction for the
majority of student contact time each day and
incorporate opportunities to master the fourth -grade
state standards in other core subject areas,
d. use a reading program that is scientific -research-
based and has proven results in accelerating student
reading achievement within the same school year,
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e. provide intensive language and vocabulary instruction
using a scientific-research-based program, including
use of a speech-language therapist, and
f. include weekly progress monitoring measures to ensure
progress is being made;
5. Provide reports to the State Boar d of Education, upon
request, on the specific int ensive reading interventions and
supports implemented by the school district. The State
Superintendent of Public Instruction shall annually prescribe the
required components of the reports; and
6. Provide to a student who has been retained in the third
grade and has received intensive instructional services but is still
not ready for grade promotion, as determined by the school district,
the option of being placed in a transitional instructional setting.
A transitional setting shall specifically be desig ned to produce
learning gains sufficient to meet fourth -grade performance standards
while continuing to remediate the areas of reading deficiency.
Q. 1. Each school district board of education shall annual ly
publish on the school website, and report in w riting to the State
Board of Education by September 1 of each year, the following
information on the prior school year:
a. the provisions of this section relating to public
school student progression and the policies and
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procedures of the school district o n student retention
and promotion,
b. the number and percentage of all students in grade
three that did not meet the performance criteria
established by the Commis sion for Educational Quality
and Accountability on the reading portion of the
statewide assessment administered pursuant to Section
1210.508 of this title,
c. by grade, the number and percentage of all students
retained in grades three through ten,
d. information on the total number and percentage o f
students who were promoted for good cause, by e ach
category of good cause as specified above, and
e. any revisions to the policies of the school district
on student retention and promotion from the prior
year.
2. The State Department of Education shall establish a uniform
format for school districts t o report the information required in
this subsection. The format shall be developed with input from
school districts and shall be provided not later than ninety ( 90)
days prior to the annual due date. The Department shall annually
compile the information required, along with state -level summary
information, and report the information to the public, the Governor,
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the President Pro Tempore of the Senate, and the Spe aker of the
House of Representatives.
R. The State Department of Education shall provide tec hnical
assistance as needed to aid school districts in administering the
provision of the Reading Sufficiency Act.
S. On or before January 31 of each year, the St ate Department
of Education shall issue to t he Governor, the President Pro Tempore
of the Senate, the Speaker of the House of Representatives and
members of the Senate and House of Representatives Education
Committees a Reading Sufficiency Report which sha ll include, but is
not limited to, trend dat a detailing three (3) years of data,
disaggregated by student subgroups to include economically
disadvantaged, major racial or ethnic groups, students with
disabilities, and English language learners, as appropri ate for the
following:
1. The number and pe rcentage of students in kindergarten
through third grade determined to be at risk for reading
difficulties compared to the total number of students enrolled in
each grade;
2. The number and percentage of student s in kindergarten who
continue to be at risk for reading difficulties as determined by the
year-end measurement of reading progress;
3. The number and percentage of students in kindergarten
through third grade who have successfully completed their program of
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reading instruction and are reading on g rade level as determined by
the results of approv ed reading assessments;
4. The number and percentage of students that meet or do not
meet the performance criteria established by the Commission for
Educational Quality and Accountability on the reading por tion of the
statewide third-grade assessment admi nistered pursuant to Section
1210.508 of this title;
5. The number of students tested, the number of students
promoted through meeting proficiency on a screening instrument as
provided for in subsection I o f this section, the number of students
promoted through each of the good -cause exemptions as provided for
in subsection L of this section and the number of students retained
and the number of students promoted th rough probationary promotion
as provided for in subsection I of this section for each element ary
site;
6. Data tracking the progression of students promoted through
each of the good-cause exemptions as provided for in subsection L of
this section and stud ents promoted through probationary promotion or
students who are retained in third grade as p rovided for in
subsection I of this section. The data shall include but not be
limited to information regarding whether students graduate on time;
7. The amount of funds for reading remediation received by each
district;
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8. An evaluation and narrative i nterpretation of the report
data analyzing the impact of the Reading Sufficiency Act on
students' ability to read at grade level;
9. The type of reading instructi on practices and methods
currently being used by school districts in the state;
10. Socioeconomic information, access to reading resources
outside of school and screening for and identification of learning
disabilities for students not reading at the appr opriate grade level
by third grade;
11. The types of intensive remediation efforts being con ducted
by school districts to identify best practices for students that are
not reading at the appropriate grade level and are not retained
under the provisions of this section; and
12. Any recommendations for improvements or amendments to the
Reading Sufficiency Act.
The State Department of Education may contract with an
independent entity for the reporting and analysis requirements of
this subsection.
T. Copies of the results of the assessments administer ed shall
be made a part of the permanent record o f each student.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 1210.508D,
is amended to read as follows:
Section 1210.508D A. Contingent on the provision of
appropriated funds design ated for the Reading Sufficiency Act,
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school districts may be allocated monies for each enrolled
kindergarten student or first -, second- and third-grade student
based on the average daily attendance of those students from the
current previous school year, including any student who has been
retained in the third grade pursuant to Section 1210.508C of this
title, who is found to be in need of remediation or intervention in
reading. The allocation shall be distributed to each school
district upon approval of the reading sufficiency plan for the
school district by the State Depar tment of Education and the
submittal of a child -count report to the Department that details the
number of students identified as needing remediation or intervention
in reading average daily attendance numbers . To determine a per-
student allocation amount, the total amount of funds availa ble for
allocation each year shall be divided by the total number of
students in the state identified as in need of remediation or
intervention in readi ng as provided for in Section 1210.508C of this
title based on the average daily attendance from the previous school
year. Each school district shall be allocated an amoun t equal to
the per-student allocation amount multiplied by the number average
daily attendance of identified students enrolled from the previous
school year in the school district.
1. School districts shall use monies generated by the Reading
Sufficiency Act only for instructional purposes and professional
development based on the plan submitted to the Department intended
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to improve reading proficiency for students in kindergarten and
first, second, and third grades with particular emphasis on students
in kindergarten and first and second grade.
2. Each school district that has more than twenty percent (20%)
of its students in third grade who do not demonstrate sufficient
reading skills as established by the State Board of Education
according to the reading portion of the statewide assessment shall
receive monies generated by the Reading Sufficiency Act established
in this section only after the kindergarten and first, second, and
third grade reading program plan of the school district has been
submitted, reviewed, and approved by the Department. Additional
support for schools shall be de fined in rules promulgated by the
Department. The Department shall give approval to a school district
before any portion of the monies generated by the Reading
Sufficiency Act may be distributed to the school district pursuant
to this subsection.
B. Beginning with the 2022-2023 school year, districts
receiving more than Two Thousand Five Hundred Dollars ($2,500.00)
pursuant to subsection A of this section shall spend no less than
ten percent (10%) to provide professional development for teachers
teaching prekindergarten through grade fi ve. The professional
development shall include training in the science of how students
learn to read as well as instructional materials required for
implementation.
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C. By June 30, 2022, the Department shall approv e and publish a
list of professional deve lopment programs that are evidence-based
and directly address the cognitive science of how students learn to
read for which districts are permitted to use the funds received
under this section.
D. If a teacher attends and completes a professional
development institute in elementary reading approved by the Oklahoma
Commission for Teacher Preparation during the summer or when school
is not in session, the teacher may receive a stipend equal to the
amount of the cost f or a substitute teacher, based on the amo unt of
funds allocated.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1210.508H of Title 70, unless
there is created a duplication in numbering, reads as f ollows:
A. Beginning with the 202 3-2024 school year, the State
Department of Education shall retain no less than ten percent (10%)
of funds appropriated for the Reading Su fficiency Act to employ a
literacy instructional team to support school districts in
implementation of the requirements of Sectio n 1210.508C of Title 70
of the Oklahoma Statutes. The Department shall provide technical
assistance for literacy instruction, dyslexi a and related disorders,
and serve as a primary source of information and sup port for schools
in addressing the needs of s tudents struggling with literacy,
dyslexia and related disorders. The Department shall develop
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program implementation guidance for sc hool districts to assist
schools in administering an effective kindergarten through third
grade evidence-based reading program plan. The guidance shall
include identifying and recommending appropriate program
expenditures, providing technical oversight an d assistance for
annually updating reading prog ram plans, selecting and adopt ing
evidence-based reading curricula , and providing and promoting
teacher professional development that is based on evidence -based
reading research.
B. The Department shall empl oy a literacy instructional team
with team members who are placed regionally across the state. The
literacy instructional teams shall assist general education and
special education teachers in recognizing educational needs to
improve literacy outcomes for all students including tho se with
dyslexia or identified with the risk charac teristics associated with
dyslexia. The role of the literacy instructional team shall also
include increasing professional awareness and instructional
competencies to meet the e ducational needs of all students including
those with dyslexia or identified w ith risk characteristics
associated with dysl exia. The Department shall prioritize supports
and interventions, including enrollment in reading trainings and
professional develop ment, for schools which have the highest
percentage of students who do not demonstrate sufficient reading
skills as established by the State Board of Education.
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C. Literacy instructional team members employed by the
Department shall have training in:
1. The science of how students learn to read including
phonological awareness, ph onics, fluency, vocabulary, comprehension,
writing, and language;
2. Foundation of multisensory, explicit, systematic, and
structured reading instruction;
3. Identification of and the appropriate interventions,
accommodations, and teaching techniques for struggling students;
4. The requirements of the Reading Sufficiency Act;
5. Special education laws and procedures; and
6. Appropriate interve ntions, accommodations, and assistive
technology supports for students with dyslexia or a related
disorder.
D. The literacy instructional team members employed by the
Department shall report to the Director of Reading Sufficiency and
have:
1. A minimum of five regional literacy leads, at least one who
shall be designated by the De partment as a dyslexia specialist to
provide school districts with support and resources that are
necessary to assist students with dyslexia . The Department shall
give preference to educators applying for regional literacy lead
who:
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a. have an endorsement or certification as a certified
structured literacy dyslexia specialist or ce rtified
academic language therapist ,
b. are knowledgeable of multitiered systems of support;
and
c. have been trained in the identification of and
intervention for dyslexia and related disorders,
including best practice interventions and treatment
models for dyslexia; and
2. A minimum of ten literacy specialists. The Department shall
give preference to e ducators applying for literacy specialist who:
a. have training in the science of reading ,
b. are knowledgeable of multitiered sy stems of support,
and
c. have been trained in the identification of and
intervention for dyslexia and related disorders,
including best practice interventions and treatment
models for dyslexia.
SECTION 5. This act shall become effective July 1, 2023.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
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be in full force from and after i ts passage and approval.
59-1-6017 EK 01/18/23