ENGR. H. B. NO. 2672 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED HOUSE BILL NO. 2672 By: Baker and West (Tammy) of the House and Pugh of the Senate 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 oversight 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: ENGR. H. B. NO. 2672 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -194, as amended by Section 1, Chapter 21 1, 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 ENGR. H. B. NO. 2672 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. ENGR. H. B. NO. 2672 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 classroom 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 district board of education to meet the professi onal development requirements established by the board, or estab lished through the negotiati on 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 m aintain employment. Failure of any teacher to meet district board of ENGR. H. B. NO. 2672 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 education professional development requirements may be grounds for nonrenewal of such teacher 's contract by the board. Such failure may also be grounds for n onconsideration of salary in crements affecting the teacher. For the fiscal years ending June 3 0, 2011, and June 30, 2012, a certified teacher shall not be required to complete any points of t he total number of professional develo pment points required. Provided, a teacher may elect to complete 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 mi nimum number of points required for one (1) or both fiscal years, t he total number of points required to maintain employment 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 results 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 el ection not ENGR. H. B. NO. 2672 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to offer a program and all professional development act ivities completed by teachers and administrators of the 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 ENGR. H. B. NO. 2672 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; ENGR. H. B. NO. 2672 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; ENGR. H. B. NO. 2672 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, ENGR. H. B. NO. 2672 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, ENGR. H. B. NO. 2672 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ENGR. H. B. NO. 2672 Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; ENGR. H. B. NO. 2672 Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, ENGR. H. B. NO. 2672 Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Department 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 rem ediation 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 multip lied 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 ENGR. H. B. NO. 2672 Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 purs uant 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 d evelopment 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. ENGR. H. B. NO. 2672 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 dup lication 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 ENGR. H. B. NO. 2672 Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 p rogram 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. ENGR. H. B. NO. 2672 Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. Literacy instructional team members employed by the Department shall have training in: 1. The science of how students learn to read inc luding 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 dy slexia 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: ENGR. H. B. NO. 2672 Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 r elated 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 scien ce 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 ENGR. H. B. NO. 2672 Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 declared to exist, by reason whereof thi s act shall take effect and be in full force from and after i ts passage and approval. Passed the House of Representatives the 20th day of March, 2023. Presiding Officer of the House of Representatives Passed the Senate the ___ day of __________, 2023. Presiding Officer of the Senate