Req. No. 3594 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 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) COMMITTEE SUBSTITUTE FOR SENATE BILL 1906 By: Pugh and Young of the Senate and Baker of the House COMMITTEE SUBSTITUTE An Act relating to the Reading Sufficiency Act ; amending 70 O.S. 2021, Section 1210.508A , which relates to short title; renaming act the Strong Readers Act; amending 70 O.S. 2021, Section 1210.508B, which relates to legislative intent; modifying intent; updating statutory language ; amending 70 O.S. 2021, Section 1210.508C, which relates to reading assessments; requiring students in certain grades to be screened for certain reading skills with certain frequency; directi ng approval of certain screening instrument to be done with certain consultation; directing certain factors to be considered in approving certain screening instrument; removing language regarding students in kindergarten who are at risk for reading difficulties or are not meeting grade-level targets; removing language requiring provision of c ertain classroom assistants; removing language requiring certain program of reading instruction to include ce rtain initiative; requiring certain screening instruments to be approved for use in the middle of the school year; modifying criteria for screening ins truments; modifying purpose of program of reading instruction; requiring, rather than allowing, program of reading instruction to include certain provisions; directing an individual reading intervention plan to be provided within certain time period to certain students; requiring the plan t o include certain provisions; requiring notification of a parent or Req. No. 3594 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 legal guardian within certain time period of identification of certain deficiency; removing requirement for development of new program of reading instruction; providing certain exemption for certain students who demonstrate proficiency in reading; requiring continued monitoring of such student; requiring intensive intervention servic es to be provided to certain students beginning in certain school year; removing language prohibiting automatic promotion of certain students; removing language regarding minimum criteria for grade-level performance; removing language allowing probationary promotion; removing language requiring retention of certain third grade s tudents; requiring certain report to be submitted electronically to additional recipients; expanding co ntents of report; removin g language establishing good-cause exemptions for promotion; removing language regarding exemptions to retention; removing language requiring school districts to conduct certain review of certain program; removing language directing school districts to establish a Reading Enhancement and Acceleration Development (READ) Initiative ; requiring certain reports to be submitted electroni cally to additional recipients; modifying contents of report s; amending 70 O.S. 2021, Section 1210.508D , which relates to Reading Sufficiency Act funding; allowing funds to be allocated for students in certain grade; removing allocation for certain retained students; amending 70 O.S. 2021, Section 1210.508E , which relates to summer academies; expanding grade levels for which summer academies may be provided; modifying reason for which a student may partic ipate in an academy; removing requirement to retain certain student for not completing certain academy; updating sta tutory language; updating statutory refe rences; providing an effective date; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.508A, is amended to read as follows: Req. No. 3594 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 Section 1210.508A. Sections 1210.508A through 1210.508E of this title shall be known and may be cited as the “Reading Sufficiency Act” “Strong Readers Act”. SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.508B, is amended to read as follows: Section 1210.508B. A. The Legislature finds that it is essential for children in the public schools to read early and well in elementary school. The Legislature further finds that clear and visible goals, assessments to determine the reading level at ea ch elementary school, annual use of a scientifically based and researched methodology in reading instruction in addition to regular and periodic measurements of elementary school reading improvement, and accountability in each level of the educational syst em will result in a significant increase in the number of children read ing at or above grade level. B. The purpose of the Reading Sufficiency Act Strong Readers Act is to ensure that each child attains the necessary reading skills by completion of the thi rd grade which will enable that student to continue development of reading skills and to succeed throughout school and life progression from one grade to another is determined, in part, upon proficiency in reading, that school district board of education p olicies facilitate reading instruction and intervention services to add resses student reading needs, and Req. No. 3594 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 that each student and his or her parent or legal guardian be informed of that student ’s reading progress. C. Each public school district in this state shall ensure that all students receive a well -rounded education that is focused on building deep foundations in reading , writing, and mathematics. Th e State Board of Education shall encourage school districts to integrate the teaching of the other curricular areas in the subject matter standards adopted by the Board with th e instruction of reading, writing, and mathematics. All teach ers of reading in the public schools in this state in kind ergarten through third grade shall incorporate into instruction the five elements of reading instruction which are phonemic phonological awareness, phonics decoding, reading fluency, vocabulary, and comprehension. SECTION 3. AMENDATORY 70 O.S. 2021, Section 1210.508C, is amended to read as follows: Section 1210.508C. A. 1. Each To identify students who have a reading deficiency including identifying students with characteristics of dyslexia, each student enrolled in kindergarten and first, second, and third grade in a public school i n this state shall be screened at the beginning, middle and end of each school year for reading skills including, but not limited to, phonemic phonological awareness, letter recognition decoding, fluency, vocabulary, and oral language skills as identified in the subject matter standards adopted by the State Board of Educa tion Req. No. 3594 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 comprehension. A screening instrument approved by the State Board of Education, in consultation with the Commission for Educational Quality and Accountability and the Secretary of Ed ucation, shall be utilized for the purposes of this sect ion. In determining which screening instrument to approve, the State Board of Education, the Commission for Educational Quality and Accountability, and the Secretary of Education shall take into consideration at a minimum the following factors: 1. The time required to conduct the screening instrument with the intention of minimizing the impact on instructional time; 2. The timeliness in reporting screening instrument results to teachers, administrat ors, and parents and legal guardians of students; and 3. The integration of the screening inst rument into reading curriculum. 2. For those kindergarten children at risk for reading difficulties at the beginning of the year, teachers shall emphasize reading skills as id entified in the subject matter standards adopted by the State Board of Education, monitor progress throughout th e year and measure mid -year and year-end reading progress. 3. Kindergarten students who are not meeting grade -level targets by mid-year in reading shall be provided a program of reading instruction designed to enable the st udent to acquire the appropriate grade-level reading skills. Req. No. 3594 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 4. Classroom assistants, which may include parents, grandparents, or other volunteers, shall be provided in kinder garten classes to assist with the screening of studen ts if a teacher aide is not already employed to assist in a kindergarten classroom. B. Each student enrolled in first, 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 comprehe nsion. C. Any student enrolled in first, second or t hird grade who is assessed and who is not meeting grade -level targets in reading sha ll be provided a program of reading instruction designed to enable the student to acquire the appropriat e grade level reading skills. The program of reading in struction shall include provisions of t he 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 asses sment, if determined appropriate, shall be provided. Year-end reading skills shall be measured to determine rea ding success. D. The State Board of Education shall approve screening instruments for use at the beginning middle and end of the school year, for monitoring of progress , and for measurement of reading skills at the end of the school year as required in subsections Req. No. 3594 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 subsection A and B of this section; provided, at least one of the . The screening instruments shall meet the following criteria: 1. Assess for phonemic phonological awareness, phonics decoding, reading fluency, vocabulary, and comprehension; 2. Document the validity and rel iability of each assessment; 3. Can be used for identifying students who are at ris k for reading deficiency and progress monitoring throughout the school year; 4. Can be used to assess stude nts with disabilities and English language learners; an d 5. Accompanied by a data management system that provides profiles for of students, class, grade level , and school building. The profiles shall identify each student ’s instructional point of need and reading achievement level. Th e State Board shall also determine other comparable reading assessments for diagnostic purposes to be used for stude nts at risk of reading failure. The State Board shall ensure that any assessments approved are in alignment with the subject matter standards adopted by the State Board of Education. E. C. 1. Students who are administered a screening instrument pursuant to subsection A of this section and are found not to be meeting grade-level targets shall be provided a pro gram of reading instruction designed to enable students to acquire the appropriate grade-level reading skills. The program of reading instruction Req. No. 3594 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 required in subsections A and B of this section shall be based on scientific reading research and 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 district as provided for in subsection P of this section . A program of reading instruction may include, but is not limited to shall include: a. sufficient additional in -school instructional time for the acquisition of phonemic phonological awareness, phonics decoding, reading fluency, vocabulary, and comprehension, b. if necessary and if funding is available , tutorial instruction after regular school hours, on Saturdays , and during summer; however, such instruction may not be counted toward 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 purpose s and periodic monitoring to mea sure the acquisition of reading skills including, but not limited to, phonemic phonological awareness, phonics decoding, reading fluency, vocabulary, and comprehension, as identified in the student’s program of reading instruction , d. high-quality instructional materials grounded in scientifically based reading research, and Req. No. 3594 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 e. a means of providing every family of a student in prekindergarten, kindergarten, and first, second, and third grade access to free online evid ence-based literacy instruction resource s to support the student’s literacy development at home . 2. A student enrolled in kindergarten or first or, second, grades or third grade who has been assessed as provided for in subsection B of this section and found not to be me eting grade-level targets in reading, exhibits a deficiency in reading at any time based on the screening instrument administered pursuant to subsection A of this section shall be entitled to supplemental instructional services and s upports in reading until the student is determined by the results of a sc reening instrument to be meeting grade-level targets in reading receive an individual reading intervention plan no later than thirty (30) days after th e identification of the deficiency in reading . The reading intervention plan shall be provided in addition to core reading instruction that is provided to all students . The reading intervention plan shall: a. describe the research-based reading intervention services the student will re ceive to remedy the deficiency in reading, Req. No. 3594 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 b. provide explicit and system atic instruction in phonological awareness, decoding, fl uency, vocabulary, and comprehension, as applicable, c. monitor the reading progress of each st udent’s reading skills throughout the school year and adjust instruction according to the student’s needs, and d. continue until the student is determined to be meeting grade-level targets in reading ba sed on screening instruments administered pursuant to subsection A of this section or assessments identified for diagnostic purposes and periodic monitoring pursuant to subparagraph c of par agraph 1 of this subsection. 3. The program of reading instruction intervention plan for each student identified with a deficiency in reading shall be developed by a Student Reading Proficiency Team and shall include supplemental 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 that academic year, c. a teacher who is responsible for reading instruction and is assigned to teach in t he next grade level of the student, and Req. No. 3594 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 d. a certified reading specialist, if one is available. 4. A school district shall notify the parent or legal guardian of any student in kindergarten or first, second, or third grade who exhibits a deficiency in reading at any time based on the screening instrument administe red pursuant to subsection A of this section . The notification shall occur no later than fifteen (15) days after the identification of the deficiency in reading. F. The program of readin g instruction shall continue un til the student is determined by the results of approved reading assessments to be meeting grade-level targets. G. D. 1. Every school district shal l adopt, and implement a district reading sufficiency strong readers plan which has had input from school administrators, teachers, and parents and legal guardians and if possible a reading specialist, a nd which shall be submitted electronically to and approv ed by the State Board of Education. The plan shall be updated annually. School districts shall not be required to electronically submit the annual updates to the Board if the last p lan submitted to the Board was approved and expenditures for the program include only expenses relating to individual and small group tutoring, purchase of and training in the use of screening and assessment measur es, summer school programs, and Saturday school programs. If any expenditure for the program is deleted or changed or any other type of expenditure for the program is implemented, the sch ool district shall be required to su bmit the Req. No. 3594 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 latest annual update to t he Board for approval. The district reading sufficiency strong readers plan shall include a plan for each site which includes an analysis of the data provi ded by the Oklahoma School Testing Program and other reading assessments utilized as required in t his section, and which outlines how each school site will comply with the provisions of the Reading Sufficiency Strong Readers Act. 2. The State Board of Education shall adopt rules for t he implementation and evaluation of the provisions of the Reading Sufficiency Strong Readers Act. The evaluation s hall include, but not be limited to, an analysis of the data requ ired in subsection S K of this section. H. For any third-grade student found not to be meeting grade - level targets as determined by reading ass essments administered pursuant to this section, a new progr am of reading instruction, including provisions of the R EAD Initiative adopted by the school district as provided for in subsecti on P of this section, shall be developed by a Student Reading Proficiency Team and implemente d as specified in subsection E of this section. In addition t o other requirements of the Reading Sufficiency Act, the plan may include specialized tutoring. I. E. 1. Any first-grade, second-grade, or third-grade student who demonstrates end of year proficiency in reading at the third- grade level through a grade-level appropriate screening instrument Req. No. 3594 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 which meets the acquisition of reading skills criteria approved pursuant to subsection B of this section shall not be subject to retention pursuant to this s ection require a program of reading instruction or an individual reading intervention p lan. After a student has demonstrated proficiency through a screening instrument, the district shall provide notification to the parent or legal guardian of the student that they have he or she has satisfied the requirements of the Reading Sufficiency Act and will not be subject to retention pursuant to this section Strong Readers Act. The district shall continue to monitor the student in the next successive grade level to ensure he or she maintains prof iciency. 2. If Beginning with the 2024 -2025 school year, if a third- grade student is identified a t any point of the academic year as having a significant reading deficiency, which shall be define d as not meeting grade-level targets on a screening instrument which meets the acquisition of reading skills criter ia administered pursuant to subsection B A of this section, the district shall immediately begin a student re ading portfolio as provided by subsection L of this section and shall provide notice to the parent of the deficiency pursuant to subsectio n J of this section provide the student with intensi ve intervention services for the appropriate amount of the instructional day consistent with the individual reading intervention plan developed pursuant to paragraph 2 of subsection C of this section and as determined by the Student Req. No. 3594 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 Reading Proficiency Team. Intensive intervention ser vices shall continue until the stude nt demonstrates proficiency at his or her grade level based on a screening instrument administered pu rsuant to subsection A of this sectio n. 3. If a student has not yet sa tisfied the proficiency requirements of this section prior to the completion of third grade 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 thi rd-grade proficiency through a student portfolio as provided in subs ection 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 no t be eligible for automatic promotion to fourth grade. 4. The minimum criteria for grade -level performance of third - grade students pursuant to the Reading Suff iciency Act shall be that students are able to read and comp rehend grade-level text. To determine the promotion and retention of third -grade students pursuant to the Reading Sufficiency Act, the State Board of Education shall use onl y the scores for the standards for reading foundations/processes and vocabulary portions of the statewide third-grade assessment administered pursuant to Section 1210.508 of this title and shall not use the scores from the other language arts portions of the assessment. The pe rformance levels established by the Commission for Education al Quality and Accountability pursuant Req. No. 3594 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 to Section 1210.508 of this title shall ensur e that students meeting the performance-level criteria are performin g at grade level on th e reading foundations and vocabulary portions of the statewide third - grade assessment. 5. a. A student not eligible fo r automatic promotion as provided for under paragraph 3 of this subsection and who does not meet the criteria established by the Commission for Educational Qual ity and Accountability on the reading portion of the statewi de third-grade assessment administered purs uant to Section 1210.508 of this title may be evaluated for probationary promotion by the Student Reading Pro ficiency Team which was created for the student pursuant to subsection E of this section. b. The student shall be promoted to the fourth gra de if the team members unanimous ly recommend probationary promotion to the school principal and the school district superintendent and the principal and superintendent approve the recommendation that promotion is the bes t option for the student. If a student is allowed a probationary promotion, the tea m shall continue to review the reading performance of the student and repeat the requireme nts of this paragraph each academic year until the student Req. No. 3594 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 demonstrates grade-level reading proficiency, as identified through a screening 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 loca lly designed remediation plan after the fifth grade which 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 Accountability on t he reading portion of the statewide third-grade assessment administered pursuant 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 promotion or probationary promotion as provided in this subsection, shall be retained in the third grade and provided intensive instructional services and supports as provided for in subsection O of this section. 7. F. Each school district shall annually report in an electronic format to the State Department of Education , the Office of Educational Quality and Accountability, and the Secretary of Education the number of students promoted to the fourth grade pursuant to this subsection and the number of s tudents promoted to a Req. No. 3594 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 subsequent grade pursuant to the provisions in paragraph 5 of this subsection in kindergarten through third grade per grade level who exhibit grade-level reading proficiency, the number of students per grade level who received intensive intervention services pursuant to paragraph 2 of subsection E of this section, the number of students per grade level who attended a summer academy as provided for in Section 1210.508E of this title, the numbe r of students per grade level who exhibited improved reading proficiency after completion of intensive intervention services, and the number of studen ts per grade level who are still in need of intensive intervention services. The State Department of Education shall publicly report the aggregate and district-specific number of students promoted numbers submitted pursuant to this subsection on their its website and shall provide electroni c copies of the report to the Governor, Secretary of Education, Presid ent Pro Tempore of the Senate, Speaker of the House of Representatives, and to the re spective chairs of the committees with responsibility for common education policy in eac h legislative chamber. J. G. The parent of any student who is found to have a reading deficiency and is not meeting grade -level reading targets and ha s been provided a program of reading instruction as provided for in paragraph 1 of subsection B C of this section shal l be notified in writing of the following: Req. No. 3594 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 1. That the student has be en identified as having a substantial deficiency in reading; 2. A description of the current services that are provided to the student pursuant to a conjoint measurement mo del such that a reader and a text are placed on the same scale subsection C of this section; 3. A description of the propos ed supplemental instruction al intensive intervention services and supports that will be provided to the student that are de signed to remediate th e identified area of reading deficiency as provided for in paragraph 2 of subsection E of this section; 4. That the a student will not be who is promoted to the fourth grade if the reading deficiency is not remediated by t he end of the third grade, unless the student is otherwise promoted as provided for in subsection I of this section or is exempt for good cause as set forth in subsection L of this section shall receive supplemental intensive intervention services ; 5. Strategies for parents to use in hel ping their child succeed in reading proficiency; and 6. The grade-level performance scores of the student ; 7. That while the results of the statewide assessments administered pursuant to Section 1210.508 of this title are the initial determinant, they are not the sole determiner of promotion and that portfolio reviews and assessments are available; and Req. No. 3594 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 8. The specific criteria and policie s of the school district for midyear promotion implemented as provided for in paragraph 4 of subsection O of this sect ion. K. H. No student may be assigned to a grade lev el based solely on age or other factors that constitute socia l promotion. L. For those students who do not meet the academic requirements for promotion and who are not o therwise 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 following: 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 student is to be assessed with alternate achievement standards th rough the Oklahoma Alternate Assessment Program (OAAP); 3. Students who demonstrate an acceptable level of performance on an alternative standa rdized reading assessment a pproved by the State Board of Education; 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 leve l; 5. Students with disabilities who participate in the statewide assessments administered pursuant to Secti on 1210.508 of this title Req. No. 3594 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 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 inte nsive 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 exemption for medical emergencies by the State Depar tment of Education. M. A student who is otherwise promoted as provided fo r 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 specialized diagnostic information and specific reading strategies for each student until the student meets grade -level targets in reading. The school district shall assist schools and teachers to implement reading strategies for the promoted students that resear ch has shown to be successful in improving reading 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 fol lowing process: Req. No. 3594 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 1. Documentation submitted from the teacher of the student to the school principal that indi cates the student me ets 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 alternative assessment res ults 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, i f applicable, the other members of the Student Reading Proficiency Team as described in subsection E of this section. If the pri ncipal determines that the student meets one of the good-cause exemptions and should be promoted based on the documentation provided, the principal shall make a recommendation in writing to the school district superintendent; and 3. After review, the school district s uperintendent shall accept or reject the recommendation of the prin cipal in writing. O. Each school district shal l: 1. Conduct a review of the program of reading instruction for all students who do not meet the performanc e criteria establish ed by 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 and did not meet the criter ia 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, Req. No. 3594 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 as described in this subsection, needed 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 instructional services and s upports to remediate the identified areas of reading deficiency, includ ing a minimum of ninety (90) minutes of daily, uninterrupted, scien tific-research- based reading instruction. Reta ined 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 cont aining third- and fourth-grade students, f. extended school day, week, or year, and g. summer reading academies as pro vided for in Section 1210.508E of this title, if available; 3. Provide written notification to the parent or guar dian of any student who is to be retained as set forth in subsection I of this section that the student has n ot met the performan ce criteria required for promotion and was not otherwise promoted and the Req. No. 3594 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 reasons the student is not eligible for a good -cause exemption. The notification shall include a description of proposed in terventions and intensive instructional supports that will be provided to the student to remediate the identified areas of reading deficiency; 4. Implement a policy for the midyear pro motion of a retained student who can demonstrate 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 that school districts may use in reevaluating a ny retained student may inc lude screening assessments, alternative assessm ents, and portfolio reviews, in accordance with rules of the State Boar d of Education. Retained students may only be promoted midyear pri or to November 1 and only upon demonstrating th at the student has met the performance criteria established by the Commission for Educational Quality and Accountability on the r eading portion of the statewide third -grade assessment administered pursuant to Section 1210.508 of this title, or upon demonstrating proficiency in re ading at the third-grade level through a screen ing instrument administered pursuant to subsection B of this section, a nd upon showing progress sufficient to master appropriate fourth -grade-level skills, as determined by the school. A midyear promotion shall be made only upon agreement of the parent or guardian of the student and the schoo l principal; Req. No. 3594 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 5. Provide students who are retained with a high -performing teacher who can address the 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 be fore or after school , b. a parent-guided “Read at Home” assistance plan, as developed by the State Department of Education, the purpose of which is to encourage regular pa rent-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) Initia tive. 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 and to kindergarten through third-grade students who are exhibiting a reading deficiency. The READ Initiative shall: 1. Be provided to all kindergarten through t hird-grade students at risk of retention as identified by the asses sments administered Req. No. 3594 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 pursuant to the Reading Suf ficiency 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 instruction; 3. Provide a reading curriculum th at, at a minimum, meets the following specifications: a. assists students assessed as exhibiting a reading deficiency in developing the ability t o read at grade level, b. provides skill development in phonemic aw areness, phonics, reading fluency, vocabulary, and comprehension, c. provides a scientific -research-based and reliable assessment, d. provides initial and o ngoing analysis of t he 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 subsequently do not meet the performance criteria established by the Commission for Educational Quality and Accountability on the reading portion of the statewide assessment ad ministered pursuant to Section 1210.508 of this title. The focus of the Intensive Acceleration Req. No. 3594 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 Class shall be to increase the re ading level of a child at least two grade levels in one (1) school year. The Intensive A cceleration 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 Accou ntability on the reading portion of the statewide assessments and who was retained in the third grade the prior ye ar because of not meeting the performance criteria 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, 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 mo nitoring measures to ensure progress is being made; Req. No. 3594 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 5. Provide reports to the State Boar d of Education, upon request, on the specific intensive 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 s till not ready for grade promotion, as determined by th e school district, the option of being placed in a transitional instructional setting. A transitional setting shall specifically be designed to produce learning gains sufficient to meet fourth -grade performance standards while continuing to remediate the areas of reading deficiency. Q. I. 1. Each school district board of educati on shall annually publish on the school website , and report in writing electronically to the State Board Department of Education, the Office of Educational Quality and Accountabil ity, and the Secretary of Education by September 1 of each year , the following informatio n on the prior school year: a. the provisions of this section relating to public school student progression and the policies and procedures of adopted by the school district on student retention and promotion board of education to implement the provisions of this section. The information submitted shall include expenditures Req. No. 3594 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 related to implement ing the provisions of this section, the number of staff implementing the provisions of this section, and average daily classroom time devoted to implementing the pro visions of this section, b. by grade, the number and percentage of all students in grade three that did not meet the performance criteria established by the Commission for Educational Quality and Accountability on t he reading portion of the statewide assessment administered pursuant to Section 1210.508 of this title kindergarten through third grade who did not meet grade-level targets based on a screening instrument adm inistered pursuant to subsection A of this section, c. by grade, the number and percentag e of all students retained in grades three through ten in kindergarten through third grade who have been enrolled in the district for fewer tha n two (2) years, d. information on the total number and percentage of students who were promoted for go od cause, by each category of good cause as specified above, and by grade, the number and percentage of students in third grade who demonstrated grade-level proficiency based Req. No. 3594 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 on a screening instrument administered pursuant to subsection A of this section, and e. any revisions to the policies of the school district on student retention and promotion fro m the prior year by grade, the number and percentage of stu dents in third grade who are on an individualized educatio n program (IEP) in accordance with the Individua ls with Disabilities Education Act (IDEA) and who demonstrated grade-level proficiency based on a screening instrument administered pursuant to subsection A of this section or an alternative assessment prescribed by the student’s IEP. 2. The State Department of Edu cation shall establish a uniform format for school districts to report the information required in this subsection. The format shall be developed with input from school districts and shall be provi ded not later than ninety (90) days prior to the annual du e date. The Department shall annually compile the information required, along with state -level summary information, and electronically report the information to the public, the Governor, the Secretary of Education, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. Req. No. 3594 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 R. J. The State Department of Education shall provide technical assistance as needed to aid school districts in administering the provision provisions of the Reading Sufficiency Strong Readers Act. S. K. On or before January 31 of each year, the State Department of Education shall issue electronically submit to the 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 committees with responsibility over common education in both houses of the Legislature a Reading Sufficiency Strong Readers Report which shall include, but is not limited to, trend data detailing three (3) years of data, disaggregated by student subgroups to include economically disadvantaged, major racial or ethnic groups, studen ts with disabilities, and English languag e learners, as appropriate for the following: 1. The statewide aggregate number and percentage of stu dents in kindergarten through third grade determined to be at risk for reading difficulties compared to the total number of students enrolled in each gra de; 2. The statewide aggregate number and percentage of students in kindergarten who continue to be at risk fo r reading difficulties as determined by the year -end measurement of reading progress administration of th e screening instrument required subsection A of this section; Req. No. 3594 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 3. The statewide aggregate number and percentage o f students in kindergarten through third grade who have successfully completed their program of reading instruction and are reading on grade level as determined by the results o f screening instruments approved reading assessments administered pursuant to subsection A of this section; 4. The statewide aggregate and district -specific number and percentage of students that meet or do not meet the performance criteria established by the Commission for Educational Q uality and Accountability on the reading porti on of the statewide third-grade assessment administered pursuant to Section 1210.508 of this title grade-level targets for reading based on screening instruments administered pursuant to subsection A of this section; 5. The number of students tested, the number of students promoted through meeting proficiency on a screening instrument as provided for in subsection I of this section, the number o f 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 elementary site; 6. Data tracking the progression of students pr omoted through each of the good-cause exemptions as provided for in subs ection L of this section and stu dents promoted through probationary promotion or Req. No. 3594 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 students who are retaine d in third grade as provided 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 for implementation of the Strong Readers Act; 8. 6. An evaluation and narrative interpretat ion of the report data analyzing the impact of the Reading Sufficiency Strong Readers Act on students’ ability to read at grade level; 9. 7. The type of reading instruction pra ctices and methods currently being used by school districts in the state; 10. 8. 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 in kindergarten and first through third grade; 11. The 9. By grade level, the types of intensive remediation intervention efforts being conducted by school districts to identify best practices for students that who are not on an IEP and who are not reading at the appropriate grade level and are not retained under the provisions of this section and for students who are on an IEP and who are not reading at the appropriate grade level ; and 12. 10. Any recommendations for improvements or amendments to the Reading Sufficiency Strong Readers Act. Req. No. 3594 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 The State Department of Education may contract with an independent entity for t he reporting and analysis requ irements of this subsection. T. L. Copies of the results of the assessments screening instruments administered pursuant to subsection A of this section shall be made a part of the permanent record of each student. SECTION 4. 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 designated for the Reading Sufficiency Strong Readers Act, school districts may b e allocated monies for each enrolled kindergarten student or first-, second-, and third-grade student of the current 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 intensive intervention services in reading. The allocation shall be distributed to each school distric t upon approval of the reading sufficiency strong readers plan for the school district by the State Department Board of Education and the submittal of a child -count report to the State Department of Education that details the number of students identified as needing remediation or intensive intervention services in reading. To determine a per-student allocation amount, the total amount of funds available for allocation each year shall be divided by the total number of Req. No. 3594 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 students in the state identified as in need of remediation or intensive intervention services in reading as provided for in Section 1210.508C of this title. Each school district shall be allocated an amount equal to the per -student allocation amount multiplied by the number of identified students enrolled in the school district. 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 requi red for implementation. C. By June 30, 2022, the Department shall approve 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 elementar y reading approved by the Oklahoma Commission for Teacher Preparation Commission for Educational Quality and Accountability during the summer or when school is not in session, the teacher may receive a stipend equal to the amount of Req. No. 3594 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 the cost for a substitute teacher, based on th e amount of funds allocated. SECTION 5. AMENDATORY 70 O.S. 2021, Section 1210.508E, is amended to read as follows: Section 1210.508E. A. If a teacher determines that a third- grade student in kindergarten or first through third grade is not reading at grade level by the end of the secon d quarter of the school year, the parent or gua rdian of the student shall be notified of: 1. The reading level of the student; 2. The program of reading instructio n for the student as required pursuant to the Reading Sufficiency Strong Readers Act; and 3. The potential need for the student to participate in a summer academy or other program designed to assist the student in attaining grade-level reading skills. B. A teacher who determines a third-grade student in kindergarten or first through third grade is unable to meet competencies required not meeting grade-level targets for reading for completion of third grade and promotion to fourth grade may, after consultation with the parent or legal guardian of the student, recommend that the promotion of the student to the fourth grade is contingent upon the participation participate in and successful completion of the required com petencies for reading by the student at complete a summer academy or othe r program. If the student does Req. No. 3594 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 not participate in t he summer academy or other program or does not successfully complete the competencies in the summer academy or other program, the student shall be retained in the third grade as set forth in Section 1210. 508C of this title. C. Summer academy program s shall be designed to ensure that participating students successfully complete the grade-level competencies necessary in reading for promotion to fourth grade and to enhance next-grade readiness. A summer aca demy reading program shall be a program that incorpo rates the content of a scientifically research-based professional development program administered by the Oklahoma Commission for Teacher Preparation Commission for Educational Quality and Accountability or a scientifically research - based reading program administered by the State Board of Education and is taught by teachers who have successf ully completed professional development in t he reading program or who are certified as reading specialists. D. School districts may approve an option for students who a re unable to attend a summer academy. The optional p rogram may include, but is not limited to, an approved private provider of instruction, approved computer - or Internet-based instruction, or an approved program of reading instruction monitored by the parent or legal guardian. School districts shall not be required to pay for the optional program, but shall clearly communicate to t he parent or Req. No. 3594 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 legal guardian the expectations of the program and any costs that may be involved. E. Subject to the ava ilability of funds, beginning one (1) year after implementation of this section, the requirements of subsection B of this section may be expanded to apply to fourth-grade student promotion to fifth students in fourth grade. Each year thereafter, the requirements may be expanded by one grade level until the requirements apply to third-grade students through eighth-grade students. Summer academy programs shall be designed for each grade level. Nothing in this se ction shall prevent the State Board of Education or a school district board of education from utilizing private, local, or federal funds to implement this section. F. The State Board of Education sh all adopt rules to implement the provisions of this secti on which shall include r equirements for instructional time for summer school academy programs, teacher qualifications, and evaluat ion of student achievement as a result of summer academy programs or other optional programs. SECTION 6. This act shall become effective July 1, 2024. SECTION 7. 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 be in full force from and after its passage and approval. 59-2-3594 EB 2/27/2024 12:25:24 PM