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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 362 By: Pugh of the Senate
and
Baker of the House
An Act relating to schools; amending 70 O.S. 2021,
Section 5-142, which relates to criminal history
record checks for school emp loyment; removing certain
exemption from obtaining new criminal history re cord
check; updating statutory language; providing
exemption from obtaining new criminal history record
check to certain persons who have obtained a record
check for certain purposes within certain time
period; directing certain persons seeking employment
as a full-time teacher to include certain letter;
removing certain exemptions from obtaining new
criminal history record check ; providing an effective
date; and declaring an emergenc y.
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to the Reading Sufficiency Act;
amending 70 O.S. 2021, Section 6-200, which relates
to teacher training; updating reference to named act;
amending 70 O.S. 2021, Section 1210.508A, which
relates to short title; updating statutory citation;
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renaming act to the Strong Readers Act; amending 70
O.S. 2021, Section 1210.508B, which relates to
legislative intent; modifying intent; up dating
reference to named act; prohibiting use of the three-
cueing system model; amending 70 O.S. 2021 , Section
1210.508C, which relates to reading assessments;
providing for consultation in approving certain
screening instrument; directing factors to be
considered in approving instrument; striking
requirements for certain kindergarten students;
removing requirements for certain classroom
assistants; requiring screening of reading skills for
kindergarten students; prescribing frequency for and
contents of screening; directing school to provide
program of reading instruction to certain students;
adding certain reading skills for students in first,
second, and third grades; authorizing exemptions from
screening requirements; requiring evidence of student
progression if exemption is granted; striking
adoption of certain program of reading instruction to
include specified initiative; directing certain
instruments to be approved for us e in the middle of
the school year; modifying criteria for instruments;
modifying purpose of program of reading instruction;
requiring program to include certain provisions;
directing individual reading intervention plan to be
provided within certain time period to certain
students; requiring plan to include certain
provisions; requiring noti fication of a parent or
legal guardian with identification of certain
deficiency; directing every school district to adopt
and implement a strong readers p lan; deleting
requirement for development of new program of reading
instruction; striking prohibition for automatic
promotion of certain students; removing language
regarding minimum criteria for gra de-level
performance; deleting provision allowing probationary
promotion; striking language requiring retention of
certain third grade students; establishing additional
requirements for school districts with a certain
amount of students who do not demonstr ate sufficient
reading skills; requiring certain annual report to be
submitted electronically ; expanding recipients and
contents of report; deleting good-cause exemptions
for promotion; striking provisions regarding
exemptions to retention; removing langua ge requiring
school districts to conduct certain review o f certain
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program; deleting requirement for school districts to
establish certain initiative; requiring certain
annual reports to be submitted electronically to
specified recipients; modifying conten ts of reports;
amending 70 O.S. 2021, Section 1210.508D, which
relates to Reading Sufficiency Act funding; updating
act name; removing funding allocation for certain
retained students; amending 70 O.S. 2021, Section
1210.508E, which relates to summer acade mies;
expanding grade levels for which summer academies m ay
be provided; modifying criteria for student
participation in academy; striking requirement to
retain student for not completing certain academy;
updating statutory references; amending 70 O.S. 202 1,
Section 1210.508F, which relates to teacher reading
competencies; transferring certain duty to Commission
for Educational Quality and Accounta bility; modifying
information to be included in teacher training and
instruction; requiring certain teacher can didates to
complete additional reading training; amending 70
O.S. 2021, Section 1210.508 H, which relates to a
literacy instructional team; updating name of act and
director title; amending 70 O.S. 2021, Section
1210.520, which relates to student dyslexia
screening; updating name of act; updating s tatutory
citation; 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 6-200, is
amended to read as follows :
Section 6-200. A. Subject to the availability of funds, the
State Board of Education shall have aut hority to develop and
administer training for residency committees and training f or
professional development through prof essional development
institutes. Included in the professional development institutes
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training shall be technology training. Professio nal development
institutes shall be defined as continuing education experiences
which consist of a minimum of thirty (30) clock hours. The
institutes shall be competency-based, emphasize effective learning
practices, require collaboration among participan ts, and require
each participant to prepare a work product which can be utilized in
the classroom by the participant. An y state professional
development institutes administered by the Board shall be chosen
through a competitive bid process and if funds ar e available subject
to peer review. The Board, prior to offering any professiona l
development institute, shall promulgat e rules related to
administering state professional development institutes.
B. The State Board of Education shall develop, offer and
administer professional development i nstitutes to train elementary
school teachers in reading education and if funds are a vailable,
which may include but not be limited to grant, founda tion, or other
funds, to train middle school teachers in reading educati on. Funds
appropriated for this pur pose shall be used for the cost of
developing, administering and contracting for the professional
development institutes. When possible, certified reading
specialists shall be included as consultants. All costs of the
institutes shall be included in the contract price and no tuition or
registration fee shall be collected from teachers at tending the
institutes. The ins titutes shall be offered by or through the
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Commission. Working in conjunction with the State Departmen t of
Education, the Commission shall develop a state plan for
administration of such institutes and shall report on or be fore
November 1 of each year to the Governor and the Legislatur e on the
format of and participation in the institutes. The State Depar tment
of Education shall cooperate w ith and provide any information
requested, including data available through the state student record
system, to the State Board of Education as is n ecessary to carry out
the provisions of this section.
C. Subject to the availability of funds, the State Board of
Education shall:
1. Contract for an i ndependent evaluation of the reading
professional development institutes . The evaluation shall determi ne
adherence to program requirements as provided in this section and
the program's effectiveness in increasi ng teacher knowledge and
student achievement; and
2. Provide continued support of th e reading professional
development institutes through ongoing t eacher development at
individual school sites. Funds may be used for th e cost of mentor
training, payment for substitute teachers, on-site facilitation, and
any other costs necessary to ensure improved reading by students.
D. 1. For the purpose of imple menting comprehensive reading
reform and systemic change, the State Boar d of Education shall award
one-year grants renewable for up to two (2) additional years to
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public schools that serve stud ents in kindergarten through thi rd
grade. The grants will prov ide for:
a. a five-day initial professional development institute
in elementary school reading for teachers of
kindergarten through third grade, instruct ional
leaders, and principals,
b. a three-day follow-up professional development
institute in elementar y school reading for teachers of
kindergarten through third grade and in structional
leaders, and
c. continued support through ongoing teacher development
at school sites, including four (4) day s of
professional development fo r principals and literacy
resource specialists, and six (6) days of on -site
visits by a program consult ant.
2. In order to qualify for a g rant pursuant to this subsection,
the following requirements shall be met:
a. at least eighty percent (80%) of the te achers of
kindergarten through third grade at the school shall
have demonstrated support for the traini ng program
provided pursuant to this subsection,
b. the principal shall ensure th at all members of the
leadership team and all teachers of kindergarten
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through third grade will partici pate in all phases of
the training program,
c. the school district shall ensure that any new teacher
of kindergarten through third grade or principal at
the school will participate in all phase s of the
training program, and
d. the school district shall emp loy a literacy resource
specialist for at least two (2) years after comp letion
of the training provided in t his subsection. One or
more districts may sh are a literacy resource
specialist upon approval of the Board.
3. Any school which has been determined by the State Board of
Education to be a school in need of improvement s hall be given
priority for receipt o f a grant. Grants to local school districts
may be awarded based on the amount of fu nds allocated to the State
Board of Education for the purposes of this section. Funds may be
used for payment for substitute teachers, program consultants, on-
site facilitation, and literacy resource specialists.
4. For program evaluation purposes, each school awarded a grant
pursuant to this subsection shall provid e to the Commission student -
level data and results of the reading assess ments administered
pursuant to the Oklahoma School Testing Program Act for the ye ar
prior to the grant award, for each ye ar a grant is received by the
school, and for three (3) years a fter completion of the program. If
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funds are not sufficient to award gr ants to all eligible applicants,
schools may be placed on a waiting list for prio rity consideration
for the following yea r's round of grant awards which shall be
superior to the priori ty given to schools as provided in paragraph 3
of this subsection, if th e school provides student data for t he
current year to the Board as provided in t his paragraph.
5. The professional deve lopment institutes in elementary
reading provided pursuant to t his section shall incorporate the
requirements of the Reading Sufficiency Strong Readers Act.
E. As additional funds become available for such purpose, the
Board shall develop and offer professional developm ent institutes
in:
1. Mathematics for teachers in grades kindergarten through
nine;
2. The use of technology in the cl assroom;
3. Training of residency c ommittee members in teacher
mentoring; and
4. Hands-on inquiry-based science for elementary teacher s.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.508A,
is amended to read as follows:
Section 1210.508A. Sections 1210.508A th rough 1210.508E
1210.508H of this title shall be known and may be cited as the
“Reading Sufficiency Act” “Strong Readers Act” .
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SECTION 3. AMENDATORY 70 O.S. 2021, Section 1210.508B,
is amended to read as foll ows:
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 each
elementary school, annual use of a scientifically based and
researched methodology in reading instruction in addition to regular
and periodic measurements of elem entary school reading improvement,
and accountability in each level of the educational system will
result in a significant increase in the number of chil dren reading
at or above grade level.
B. The purpose of the Reading Sufficiency Strong Readers Act is
to ensure that each child attains the necessary reading skills by
completion of the third grade which will e nable that student to
continue development of reading skills and to succeed throughout
school and life.
C. Each public school district in this stat e shall ensure that
all students receive a well -rounded education that is focused on
building deep foundatio ns in reading, writing, and mathematics. The
State Board of Education shall encourage school districts to
integrate the teaching of the other curri cular areas in the subject
matter standards adopted by the Board with the instruction of
reading, writing, and mathematics. All teachers of reading in the
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public schools in this state in kindergarten through third grade
shall incorporate into instruction the five elements of reading
instruction which are phonemic awareness, phonics, reading fluency,
vocabulary, and comprehension.
D. It is the intent of the Legislature that beginning with the
2027-2028 school year, school districts and charter schools in t his
state shall be prohibited from using the three -cueing system model
of teaching students to read. For th e purposes of this section, the
“three-cueing system” means any model of teaching students to read
based on meaning, structure, syntax, and visual c ues, which may also
be known as meaning, structure, and visual (MSV), balanced literacy,
or whole language.
SECTION 4. 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
the beginning, middle and end of each school year for reading skills
including, but not limited to , phonemic awareness, letter
recognition, and oral language skills as iden tified in the subject
matter standards adopted by the State Board of Education . A
screening instrument appr oved by the State Board of Education, in
consultation with the Commission for Educational Quality and
Accountability and the Secretary of Education, shall be utilized for
the purposes of this section . In determining which screening
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instrument to approve, the State Board of Education, the Commission
for Educational Quality and A ccountability, and the Secretary of
Education shall take into consideratio n, at a minimum, the following
factors:
1. The time required to conduct the screening i nstrument with
the intention of minimizing the impact on instructional time ; and
2. The timeliness in reporting screening instrument results to
teachers, administrator s, and parents and legal guardians of
students.
2. For those kindergarten children at r isk for reading
difficulties at the beginning of the year, teachers shall emphasize
reading skills as identified in the 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 meeting grade-level
targets by mid-year in reading shall be provided a program of
reading instruction designed to enable the student to acquire the
appropriate grade-level reading skills.
4. Classroom assistants, which may include parents,
grandparents, or other volunteers, shall be provided in kindergarten
classes to assist with the screening of students if a tea cher aide
is not already employed to assist in a kinderg arten classroom.
B. 1. Each student enrolled in ki ndergarten in a public school
in this state shall be screened at the middle and end of each school
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year for reading skills including, but not limite d to, phonemic
awareness, letter recognition, basic phonics, and rapid automized
naming. 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 studen t to acquire the
appropriate grade-level reading skills.
2. Each student enrolled in fir st, second and third grade of
the public schools of this state shall be assessed at the beginnin g,
middle and end of each school year using a screening instrument
approved by the State Board of Education for the acquisition of
reading skills including, but not limited to, phonemic awareness,
phonics, reading fluency, vocabulary, encoding, rapid autom ized
naming, and comprehension.
3. Exemptions to the screening requirem ents of this subsection
may be provided for students who have documented evidence that t hey
meet at least one of the following criteria as related to the
provision of classroom instruc tion:
a. the student participates in the OAAP and is taught
using alternate methods,
b. the student’s primary expressive or receptive
communication is sign lan guage,
c. the student’s primary form of written or read text is
Braille, or
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d. the student’s primary expressive or receptive language
is not English, the student is i dentified as an
English learner using a state -approved identification
assessment, and the student has had le ss than one (1)
school year of instruction in an English learner
program.
4. A public school that grants an exemption pursuant to
paragraph 3 of this subsection shall provide ongoing evidence of
student progression toward English lan guage acquisition wit h the
same frequency as administration of screening assessments. Evidence
may include, but not be limited to, student progression toward OAAP
reading essential elements, proficiency in sign language and reading
comprehension, and profi ciency in Braille an d reading 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 reading instruction designed to enable the
student to acquire the approp riate grade level reading skills. The
program of reading instruction shall include provisions o f the READ
Initiative adopted by the school district as provided for in
subsection P of this section. Throughout the year progress
monitoring shall continue, a nd diagnostic assessment, if determined
appropriate, shall be provided. Year -end reading skills shall be
measured to determine reading suc cess.
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D. The Beginning in the 2025-2026 school year, the State Board
of Education shall approve no more than three 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 A and B of this
section; provided, at least one of the. The screening instruments
shall meet the following criteria:
1. Assess for phonemic awareness, phonics, reading fluency,
vocabulary, letter recognition, rapid automatic naming, encoding ,
and comprehension;
2. Document the valid ity and reliability of each assessment;
3. Can be used for identifying students who are at risk for
reading deficiency, including characteristics of dyslexia, and
progress monitoring throughout the school year;
4. Can be used to assess students with disa bilities and English
language learners; and
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 ach ievement level. The State Board shall also
determine other comparable reading assessments for diagn ostic
purposes to be used for students at risk of reading failure. The
State Board shall ensure that any assessments approved are in
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alignment with the sub ject matter standards adopted by the State
Board of Education.
E. 1. Students who are administered a screening instrument
pursuant to subsection B of this section and are found not to be
meeting grade-level targets shall be provided a program of reading
instruction designed to enable students to acquire the appropriate
grade-level reading skills. The program of reading instruction
required in subsections A and B of th is section shall be based on
scientific reading research and align with the subject matt er
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 awareness, phonics,
reading fluency, vocabulary, encoding, writing, and
comprehension,
b. if necessary and if funding is available , tutorial
instruction after regular school hou rs, 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
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c. assessments identified for dia gnostic purposes and
periodic monitoring to measure the acquisition of
reading skills including, but not limited to, phonemic
awareness, phonics, reading fluency, vocabulary,
encoding, writing, and comprehension, as identified in
the student’s program o f reading instruction, and
d. high-quality instructional materials grounded in
scientifically based reading re search.
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 meeting grade-level
targets in reading, exhibits a deficiency in reading at any time
based on the screening instrument administered pursuan t to
subsection A of this section shall be entitled to supplemental
instructional servic es and supports in reading until the student is
determined by the results of a screening instrument to be meeting
grade-level targets in reading receive an individual r eading
intervention plan no later than thirty (30) days after the
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:
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a. describe the research -based reading intervention
services the student will receive to remedy the
deficiency in reading,
b. provide explicit and systematic instruction in
phonemic awareness, phonics, reading fluency,
vocabulary, encoding, writing, and comprehension, as
applicable,
c. monitor the reading progress of each stud ent’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 based on data from
screening instruments and a multi-tiered system of
supports.
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 suppo rts. Each team shal l
be composed of:
a. the parent or legal guardian of the student,
b. the teacher assigned to the student who had
responsibility for reading instruction in that
academic year,
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c. a teacher who is responsible for reading instructi on
and is assigned to teach in the next grade level of
the student, and
d. a certified reading specialist, if one is available.
4. A school district shall noti fy 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 administered pursuant to subse ction A of this section.
The notification shal l occur no later than thirty (30) days after
the identification of the deficiency in reading.
F. The program of reading ins truction shall continue until the
student is determined by the results of approved re ading assessments
to be meeting grade-level targets.
G. F. 1. Every school district shall 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, and which s hall be
submitted electronically to and approved by the State Board of
Education. The plan shal l be updated annually. School districts
shall not be required to electronically submit the annual updates to
the Board if the last plan submitted to the Board was approved and
expenditures for the program include only expenses relating to
individual and small gro up tutoring, purchas e of and training in the
use of screening and assessment measures, summer school prog rams and
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Saturday school programs. If any exp enditure for the program is
deleted or changed or any other type of expenditure for the program
is implemented, the school di strict shall be required to submit the
latest annual update to the Board for approval . The district
reading sufficiency strong readers plan shall include a plan for
each site which includes an analysis of the data provided by the
Oklahoma School Testing P rogram 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 Strong Readers Act.
2. The State Board of Education shall adopt rules for the
implementation and evaluation of the provisions of the Reading
Sufficiency Strong Readers Act. The evaluation shall include, but
not be limited to, an analysis of the data required in subsection S
M 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 read ing instruction,
including provisions of the READ Initiative adopted by the school
district as provided for in subsection P o f this section, shall be
developed by a Student Reading Proficiency Team and implemen ted as
specified in subsection E of this secti on. In addition to other
requirements of the Reading Sufficiency Act, the plan may include
specialized tutoring.
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I. 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 screening instrument 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 p oint of the
academic year as having a significant reading 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 portfolio 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 proficienc y
requirements of this section prior to the completion of third grade
and still has a significant reading de ficiency, as identified based
on assessments administered as provided for in subsecti on B of this
section, has not accumulated evidence of third -grade proficiency
through a student portfolio as provided in subsection L of this
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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 t o the Reading Suffic iency 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 Board of
Education shall use only th e scores for the sta ndards for reading
foundations/processes and vocabulary portions of the statewide
third-grade assessment administered pursuant to Section 1210.508 o f
this title and shall not use the scores from the other language arts
portions of the assessment. The perf ormance levels established by
the Commission for Educational Quality and Accountabili ty pursuant
to Section 1210.508 of this title shall ensure that students meeting
the performance-level criteria are performing at grade level on the
reading foundations an d vocabulary portions of the statewide third-
grade assessment.
5. a. A student not eligible for automatic promotion as
provided for under paragraph 3 of this subsection and
who does not meet the criteria established by the
Commission for Educational Qualit y and Accountability
on the reading portion of the statewide third-grade
assessment administered pursuant to Section 1210.508
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of this title may be e valuated for probationary
promotion by the Student Reading Proficiency Team
which was created for the studen t pursuant to
subsection E of this section.
b. The student shall be promoted to the f ourth grade if
the team members unanimously recommend probation ary
promotion to the school principal and the school
district superintendent and the pri ncipal 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 screening instrument which meets
the acquisition of reading skills criteria pursuant to
subsection B of this section, for the corre sponding
grade level in which the student is enrolled or
transitions to a locally designed remediation pl an
after the fifth grade which shall have the goal of
ensuring that the student is on track to be college
and career ready.
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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 the 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 provi ded in
this subsection, shall be retained in the third grade and provided
intensive instructional services a nd supports as provided for in
subsection O of this section.
G. Each school district that has more than twenty per cent (20%)
of its students in thi rd 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:
1. Complete a district literacy plan that shall be approved by
staff working in the Department's Office of Literacy;
2. Have all expenditures approved by staff working in the
Department's Office of Literacy; and
3. All kindergarten through eighth grade teachers in school
districts shall complete training approved by the Department in the
area of effective literacy instruction.
7. H. Each school district shall annually report in an
electronic format to the State Department of Education, the Office
of Educational Quality an d Accountability, and the Secretary of
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Education the number of students promoted to the fourth grade
pursuant to this subsection and the number of stud ents promoted to a
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 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 num ber of students per grade level who
demonstrate grade level reading skills after completion of
intervention services, the number of students per grade level who
are still in need of intervention services , and the number of
students in kindergarten through fifth grade who have been retained .
The State Department o f 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 electronic copies of the report to the Governor, Secretary
of Education, President Pro Tempore of the Senate, Speaker of the
House of Representatives, and to the respective chairs of the
committees with responsibility for common education po licy in each
legislative chamber.
J. I. The parent or legal guardian of any student who is found
to have a reading deficiency and is not meeting grade -level reading
targets and has been provid ed a program of reading instruction as
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provided for in paragraph 1 of subsection B C 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 conjoint measurement model such that a
reader and a text are placed on the same sc ale subsection C of this
section;
3. A description of the proposed supplemental instructional
intervention services and supports that will be provided to the
student that are designed to remediate the identified area of
reading deficiency as provided for in paragraph 2 of subsection E of
this section;
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 provided for in
subsection I of this section or is exempt 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; and
6. 5. 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 th e
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initial determinant, they are not the sole determiner of prom otion
and that portfolio reviews an d assessments are available; and
8. The specific cri teria and policies o f the school district
for midyear promotion implemented as provided for in paragraph 4 of
subsection O of this section .
K. J. No student may be ass igned to a grade level based solely
on age or other factors that constitute social promo tion.
L. For those students who do not meet the academic requirements
for promotion and who are not othe rwise 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 wh ose individualized education
program (IEP), consisten t with state law, in dicates that the student
is to be assessed with alternate achievement standards throu gh the
Oklahoma Alternate Assessment Program (OAAP);
3. Students who demonstrate an acceptable le vel of performance
on an alternative standardized rea ding assessment appr oved by the
State Board of Education;
4. Students who demonstrate, through a student portfolio, that
the student is reading on grade level as evide nced by demonstration
of mastery of the state standards beyond the retention level;
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5. Students with disabi lities who participate 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 an d 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 instructio n for two (2) or more years
but still demonstrate a d eficiency 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 Department of E ducation.
M. A student who is otherwise promoted as provided for in
subsection I of this section or is p romoted for good cause as
provided for in subsection L of this section shall be provided
intensive reading instruction that includes specialized diagno stic
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 research has sho wn to be
successful in improving reading among low-performing readers.
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N. Requests to exempt students fr om the retention requirements
based on one of the good -cause exemptions as described in subsection
L of this section shall be made using the following process:
1. Documentation submitted from the teacher of the student to
the school principal that indicat es the student meets one of the
good-cause exemptions and promo tion of the student is appropriate.
In order to minimize paperwork requirements, the do cumentation shall
consist only of the alternative assessment results or student
portfolio work and the in dividual education plan (IEP), as
applicable;
2. The principal of the school shall review and dis cuss the
documentation with the teacher and, if appli cable, the other mem bers
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 sho uld 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 superintendent shall
accept or reject the recommendation of the princ ipal in writing.
O. Each school district shall:
1. Conduct a review of the program of reading instruction for
all students who do not meet the performance c riteria established by
the Commission for Educational Quality a nd Accountability on the
reading portion of the statewide assessment administered pursua nt to
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Section 1210.508 of this title and 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 ser vices,
as described in this subsection, needed to rem ediate the identifie d
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 supports to remediate
the identified areas of reading deficiency, including a minimum of
ninety (90) minutes of daily, uninterrupted, scient ific-research-
based reading instruction. Retained st udents shall be prov ided
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 contain ing third- and fourth-grade
students,
f. extended school day, week, or year, and
g. summer reading academies as provided for in Section
1210.508E of this title, if available;
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3. Provide written notification to the parent or guardian of
any student who is to be retained as set 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 description of proposed interventions
and intensive instructional s upports that will be provided to the
student to remediate the i dentified areas of reading deficien cy;
4. Implement a policy for the midyear promotion of a retained
student who can demonstrate that the student is a successful and
independent reader, is rea ding at or above grade-level targets, and
is ready to be promot ed to the fourth grade. Tools that school
districts may use in reevaluating any retaine d student may includ e
screening assessments, alternative assessments, and portfolio
reviews, in accordanc e with rules of the State Board of Education.
Retained students may only be promoted midyear prio r 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 S ection 1210.508 of this title,
or upon demonstrating proficiency in readi ng at the third-grade
level through a screening instrument administered pursuant to
subsection B of this section, and upon showing progress sufficie nt
to master appropriate fourth -grade-level skills, as determined by
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the school. A midyear promotion shall be made only upon agreement
of the parent or guardian of the student and the school p rincipal;
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 an d acceleration
strategies, provide students who are retained wi th at least one of
the following instructional options:
a. supplemental tutoring in scie ntific-research-based
reading services in addition to the regular reading
block, including tutoring befor e or after school,
b. a parent-guided “Read at Home” assistance plan, as
developed by the State De partment of Education, the
purpose of which is to enc ourage regular paren t-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 Enhancem ent and Acceleration
Development (READ) Initiative. The focus of the REA D 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 p romotion to fourth grade
and to kindergarten through third-grade students who are exhibiting
a reading deficiency. The READ Initiative shall:
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1. Be provided to all kindergarten through third -grade students
at risk of retention as identified by the assess ments administered
pursuant to the Reading Sufficienc y Act. The assessme nt used shall
measure phonemic awareness, phonics, reading fluency, vocabulary,
and comprehension;
2. Be provided during regular school hours in ad dition to the
regular reading instr uction;
3. Provide a reading curriculum that, at a m inimum, meets the
following specifications:
a. assists students assessed as exhibiting a reading
deficiency in developing the ability to read at grade
level,
b. provides skill development in phonemic awa reness,
phonics, reading fluency, vocabulary, and
comprehension,
c. provides a scientific-research-based and reliable
assessment,
d. provides initial and ongo ing analysis of the reading
progress of each student, and
e. is implemented during regular school hours,;
4. Establish at each school, where applicabl e, an Intensive
Acceleration Class for retained third-grade students who
subsequently do not meet the per formance criteria established by the
Commission for Educational Quality and Accountability on the reading
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portion of the statewide assessment administe red pursuant to Sect ion
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 Int ensive Acceleration
Class shall:
a. be provided to any student in the thi rd 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 t he performance criteria on the
reading portion of the statewide assessments,
b. have a reduced teacher-student ratio,
c. provide uninterrupted readi ng 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 t hat is scientific-research-
based and has proven results in acce lerating student
reading achievement within the same school year,
e. provide intensive language and vocabula ry instruction
using a scientific-research-based program, including
use of a speech-language therapist, and
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f. include weekly progress monitoring me asures to ensure
progress is being made;
5. Provide reports to the State Board of Educa tion, upon
request, on the specific intensive reading interventions and
supports implemented by the schoo l district. The State
Superintendent of Public Instruction sha ll annually prescribe the
required components of the reports; and
6. Provide to a stude nt who has been reta ined in the third
grade and has received intensive instructional services but is stil l
not ready for grade promotion, as determined by the school di strict,
the option of being placed in a transitional instructional setting.
A transitional setting shall sp ecifically be designed to produce
learning gains sufficient to meet fourth -grade performance standards
while continuing to remediate the areas of re ading deficiency.
Q. K. 1. Each Beginning in the 2025 -2026 school year, each
school district board of educ ation 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
Accountability, and the Secretary 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
procedures of adopted by the school district on
student retention and promotion board of education to
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implement the provisions of this section. The
information submitted shall inc lude expenditures
related to implementing the provisions of this
section, the number of staff implementing the
provisions of this section, and average daily
classroom time devoted to imple menting the provisions
of this section,
b. by grade, the number and percentage of all students in
grade three that did not meet the performance crit eria
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 kindergarten through third
grade who did not meet grade -level targets based on a
screening instrument administered pursuant to
subsection A of this sec tion,
c. by grade, the number and percentage of all students
retained in grades three through ten in kindergarten
through third grade who have been enrolled in the
district for fewer than two (2) years ,
d. information on the total number and percentage of
students who were promoted for good cause, by each
category of good cause as specified above, an d by
grade, the number and percentage of students in
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kindergarten through third grade who demonstrated
grade-level proficiency based on a screening
instrument administered pursuant to subs ection A of
this section,
e. any revisions to the policies of the school district
on student retention and promotion from the prior year
by grade, the number and percentage of students in
kindergarten through third grade who are on an
individualized educat ion program (IEP) in accordance
with the Individuals with Disabi lities Education Act
(IDEA) and who demonstrated grade -level proficiency
based on a screening instrument administered pursuant
to subsection A of this section ,
f. the number of students by gra de level in kindergarten
through third grade who were newly identified as
having characteristics of dyslexia in a sc hool year,
g. the number of trained school system personnel or
licensed professionals used to administer the
qualified dyslexia screening to ol, and
h. the number of students in kindergarten through third
grade who were participating in interventions within
the school setting and the number of students
participating in interventions outside the school
setting.
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2. The State Department of Educat ion shall establish a uniform
format for school districts to report the information r equired 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 stat e-level summary
information, and electronically report the information to the
public, the Governor, the Secretary of Education, the President Pro
Tempore of the Senate, an d the Speaker of the House of
Representatives.
R. L. The State Department of Educati on shall provide technical
assistance as needed to aid school d istricts in administering the
provision provisions of the Reading Sufficiency Strong Readers Act.
S. M. 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 bot h houses of the Legislature a Reading
Sufficiency Strong Readers Report which shall include, but is not
limited to, trend data detailing three (3) year s of data,
disaggregated by student subgroups to include economically
disadvantaged, major racial or ethn ic groups, students with
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disabilities, and English language lea rners, as appropriate for the
following:
1. The statewide aggregate number and percentage of students in
kindergarten through third grade determined to be at risk for
reading difficulties comp ared to the total number of students
enrolled in each grade;
2. The statewide aggregate number and percentage of students in
kindergarten who continue to be at risk for reading difficulties as
determined by the year -end measurement of reading progress
administration of the screening instrument required in subsection A
of this section;
3. The statewide aggregate number and percentage of students in
kindergarten through thi rd grade who have successfully completed
their program of reading instruction and are re ading on grade level
as determined by the results of approved reading assessments
screening instruments administered pursuant to subsection A of thi s
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 Comm ission for Educational Quality and
Accountability on the reading portion of the statewid e third-grade
assessment administered pursuant to Section 1210.508 of this title
grade-level targets for rea ding based on screening instruments
administered pursuant to subsection A of this section;
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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 sect ion, the number of students
promoted through each of the goo d-cause exemptions as provided for
in subsection L of this section and the number of stu dents retained
and the number of students promoted through probationary promotion
as provided for in subsect ion I of this section for each elementary
site;
6. Data tracking the progression of students promoted through
each of the good-cause exemptions as provided for in subs ection L of
this section and students promoted through probationary promotion or
students who are retained in third grade as provided for in
subsection I of this section. The data shall include but not be
limited to information regardi ng 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 interpretation 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 practices and methods
currently being used by school districts in the state;
10. 8. Socioeconomic information, access to reading reso urces
outside of school, and screening for and identification of learning
disabilities for students not read ing at the appropriate grade level
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by third grade in kindergarten and first through third grade, as
available;
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 grad e 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.
The State Department of Education may contract with an
independent entity for the reporting and analysis requirements of
this subsection.
T. N. 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 re cord of each student .
SECTION 5. 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 be 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
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this title, who is found to be in need of remediation or
intervention services in reading. The allocatio n shall be
distributed to each school district 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 reme diation or intervention
services in reading. To determine a per -student allocation amou nt,
the total amount of funds available for allocation each year shall
be divided by the total number of stu dents in the state identified
as in need of remediation or intervention services in reading as
provided for in Section 1210.508C of this title. Eac h 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 distric t.
B. Beginning with the 2022 -2023 school year, districts
receiving more than Two Thous and Five Hundred Dol lars ($2,500.00)
pursuant to subsection A of this section shall spend no less than
ten percent (10%) to provide professional development for teacher s
teaching prekindergarten through grade five. The professional
development shall inclu de training in the science of how students
learn to read as well as instructional materials required for
implementation.
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C. By June 30, 2022, the De partment shall approve and publish a
list of professional development programs that are evidence -based
and directly address the cognitive science of how students learn to
read for which districts are permitted to us e 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 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
the cost for a substitute teach er, based on the amount of fund s
allocated.
SECTION 6. 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 thi rd grade is not
reading at grade level by the end of the second quarter of the
school year, the parent or gu ardian of the student shall be notified
of:
1. The reading level of the student;
2. The program of reading instruction for the student as
required pursuant to the Reading Sufficiency Strong Readers Act; and
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3. The potential need for the student to parti cipate in a
summer academy or other progr am 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 pare nt 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 competencies for reading by the student
at complete a summer academy or other program. If the student does
not participate in the 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 tit le.
C. Summer academy programs 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 academy reading program
shall be a program that incorporates the content of a scientifically
research-based professional development program adminis tered by the
Oklahoma Commission for Teacher Preparation Commission for
Educational Quality and Accountability or a scientifically research-
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based reading program administered by the State Board of Education
and is taught by teachers who have successfully c ompleted
professional development in the reading program or who are certified
as reading specialists.
D. School districts may approve an option for students who are
unable to attend a summer academy. The optional program may
include, but is not limited t o, an approved private provider of
instruction, approved computer - or Internet-based instruction, or an
approved program of rea ding 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 the parent or
legal guardian the expectations of the program and any c osts that
may be involved.
E. Subject to the availability 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 kindergarten through
eighth-grade students. Summer academy programs shall be designed
for each grade level. N othing in this secti on shall prevent the
State Board of Education or a school district board of education
from utilizing private, local, or federal funds to imple ment this
section.
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F. The State Board of Education shall adopt rules to implement
the provisions of this section which shall include requirements for
instructional time for summer school academy programs, teacher
qualifications, and evaluation of student achievement as a result of
summer academy programs or other optional programs.
SECTION 7. AMENDATORY 70 O.S. 2021, Section 1210.508F,
is amended to read as follows:
Section 1210.508F. A. The State Board of Education Commission
for Educational Quality and Accountability shall ensure that the
reading competencies for eleme ntary teachers are included in the
competencies for special education teachers.
B. The State Board of Educa tion and the Commission for
Educational Quality and Ac countability in collaboration with the
Oklahoma State Regents for Higher Education shall ensur e that all
teachers of early childhood education, elementary education , and
special education are provided q uality training in intervention,
instruction, and remediation strategies in order to meet the needs
of students in kindergarten through third grade who are determined
to be at risk of reading difficulties in the science of reading to
provide explicit and s ystematic instruction in pho nemic awareness,
phonics, reading fluency, vocabulary, encoding, writing, and
comprehension and implement reading strate gies that research h as
shown to be successful in improving reading among students with
reading difficulties . In addition, quality education for
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prospective teachers sh all be provided in research-based
instructional strategies for instruction, assessment , and
intervention for literacy development for all students, including
advanced readers, typically developing readers, and struggling
readers who are coping with a range of challenges, including, but
not limited to, English learners and learners with handic apping
conditions and learning disabilities (including dyslexia), including
dyslexia. Quality training shal l include guidance from professional
resources such as the R eport of the National Reading Panel, Response
to Intervention guidelines multi-tiered system of supports, and
professional organizations such as the Council for Exceptional
Children, International Dyslexia Association, International Literacy
Association, National Council of Teachers of English , and National
Association for the Education of Yo ung Children.
C. All institutions within The Oklahoma State System of Higher
Education that offer elementar y, early childhood education , or
special education programs approved by the Commission for
Educational Quality and Accountability shall incorporate into those
programs the requirement that teacher candidates study the five
elements of reading instruction w hich are phonemic awareness,
phonics, reading fluency, vocabulary, encoding, writing, and
comprehension. Teacher candidates shall study strategies including,
but not limited to, instruction that is explicitly taught,
sequenced, multimodal (reading, writin g, speaking, listening, hands -
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on, etc.), multidisciplinary , and reflective to adapt for individual
learners.
D. Effective July 1, 2010 2025, teacher candidates enrolle d in
an institution within The Oklahoma State System of Higher Education
in a special education, early childhood education, or elementary
education program approved by the Commission for Educat ional Quality
and Accountability shall pass , prior to graduatio n, a comprehensive
assessment to measure their teaching skills in the area of reading
instruction. The assessment shall be developed and administer ed by
the institutions that offer special edu cation, early childhood
education, and elementary education programs that lead to
certification. The assessment shall measure the knowledge and
understanding of the teacher candidate in the teaching of the five
elements of reading instruction which are phonemic awareness,
phonics, reading fluency, vocabulary, encoding, writing, and
comprehension. The results of the assessment shall be
electronically reported annually by the institution to the
Commission for Educational Quality and Accountability as a p art of
the required annual report for the inst itution. The Commis sion
shall include the data in the annual report to the Oklahoma
Legislature as required pursuant to Section 6-186 of this title. It
is the intent of the Legislature to ensure that teachers graduating
from institutions within The Oklah oma State System of Higher
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Education have the knowledge and skills to effectively teach reading
to all children.
E. All candidates applying for an alternative placemen t
teaching certificate or emergency teaching certificate for
Elementary Certification sh all complete additio nal reading training
as determined by the State Department of Education literacy
instructional team.
SECTION 8. AMENDATORY Section 2, Chapter 288, O.S.L.
2023 (70 O.S. Supp. 2023, Section 1210.508H), is amended t o read as
follows:
Section 1210.508H. A. Beginning with the 2023-2024 school
year, the State Department of Education sha ll establish a three-year
pilot program to emp loy a literacy instructional team to suppor t
school districts in implementation of the requirements of Section
1210.508C of Title 70 of the Oklahoma Statutes. The Department
shall provide technical assistance for literacy instruction,
dyslexia, and relate d disorders, and serve as a primary source of
information and support for schools in addressing the needs of
students struggling with literacy, dyslexia, and related disorders.
B. The Department shall employ a literacy instructional team
with team members who are placed regionally across the stat e. The
literacy instructional teams shall assist general education and
special education teachers in recognizing educational needs to
improve literacy outcomes for all students, including those with
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dyslexia or identified with the risk characteristics asso ciated with
dyslexia. The role of the literacy instructional team shall also
include increasing professional awareness and instructional
competencies to meet the educ ational needs of all students ,
including those with dyslexia or identified with risk
characteristics associated with dyslexia. The Department shall
prioritize supports and interventions including enrollment in
reading trainings and professional developmen t for schools which
have the highest percentag e of students who do not demonstrate
sufficient reading skills as established by the State Board of
Education.
C. Literacy instructional team members employed by the
Department shall have training in:
1. The science of how students learn to read , including
phonological awareness, phonics, 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 Strong Readers
Act;
5. Special education laws and procedures; and
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6. Appropriate interventions, accommodation s, and assistive
technology supports for stude nts with dyslexia or a related
disorder.
D. The literacy instructional team members employed by the
Department shall report to the Program Director of Reading
Sufficiency for Literacy at the Department and have:
1. A minimum of five regional literacy lea ds, at least one who
shall be designated by the Department 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:
a. have an endorsement or certification as a certified
structured literacy dyslexia specialist or certified
academic language therapist,
b. are knowledgeable of multitiered systems of support,
and
c. have been trained in the ide ntification of and
intervention for dyslexia and related disorders
including best pract ice interventions and treatment
models for dyslexia; and
2. A minimum of ten literacy specialists. The Department shall
give preference to educators applying for liter acy specialist who:
a. have training in the science of reading,
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b. are knowledgeable of multitiered systems of support,
and
c. have been trained in the identification of and
intervention for dyslexia and related disorders
including best practice interventi ons and treatment
models for dyslexia.
E. The State Department of Education shall submit a report to
the Governor, the President Pro Tempore of the Senate, and the
Speaker of the House of Representatives by December 31, 2026, that
includes an evaluation o f the pilot program by school districts,
data on whether the program had an impact on increasing the number
of students who demonstrate proficiency in reading, and
recommendations for changes to the Reading Sufficiency Strong
Readers Act.
SECTION 9. AMENDATORY 70 O.S. 2021, Section 1210.520, is
amended to read as follo ws:
Section 1210.520. A. Beginning with the 2022-2023 school year
and for each school year thereafter, any student enrol led in
kindergarten, first, second or third gr ade in a public school in
this state who is assess ed through the Reading Sufficiency Strong
Readers Act pursuant to Section 1210.508C of Title 70 of the
Oklahoma Statutes this title and who is not meeting grade -level
targets in reading after the beginning -of-the-year assessment shall
be screened for dyslexia. Screening also may b e requested for a
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student by his or her parent or guardian, teacher, counselor,
speech-language pathologist or school psychologist.
B. No later than July 1, 2021, the State Board of Education
shall develop policies for dyslexia screening required under th is
subsection and shall include, but not be limited to:
1. The definition and characteristics of dyslexi a and related
language disorders;
2. The process for referring students in kindergarten and
grades one through three for screening;
3. A process for providing notification to parents of the use
of a qualified dyslexia -screening tool and notification of t he
results of the screening;
4. A process for providing the parents of stu dents screened for
dyslexia with information and resource material regarding dyslexia;
5. A process for monitoring the student's progress after the
positive identification of chara cteristics of dyslexia, or other
disorders; and
6. Requirements and qualif ications for screeners that
demonstrate an understanding of and training to administer the
screening instrument.
C. The Board shall adopt a list of approved qualified dyslexia
screening tools that address the following components, as
developmentally appro priate:
1. Phonological awareness;
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2. Advanced phonemic awareness;
3. Sound symbol recognition;
4. Alphabet knowledge;
5. Decoding skills;
6. Encoding skills;
7. Rapid naming; and
8. Developmental langu age.
D. Screening shall be conducted in accor dance with the policies
developed by the State Board of Education pursuant t o subsection B
of this section and the Oklahoma Dyslexia Handbook, including
policies and information dev eloped relating to universal screening
of kindergarten students for charact eristics of dyslexia.
E. Beginning June 30, 2023, and for each year thereaf ter,
school districts shall provide the following data to the State
Department of Education:
1. The number of students by grade level in kindergarten
through grade three who were screened for dyslexia in a school year;
2. The number of students by grade level in kindergarten
through grade three who were newly identified as having
characteristics of dyslexia in a school year;
3. The process or tools used to evaluate student progre ss;
4. The number of trained school system personnel or licensed
professionals used to administer the qualified dyslexia screening
tool;
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5. The number of students in kindergarten through grade three
who were participating in interventions within the scho ol setting
and the number of students participating in interventions outside
the school setting; and
6. The programs used by districts for intervention within the
school setting.
F. By December 31, 2023, and for each year thereafter, the
State Department of Education shall provide a report containing all
of the information provi ded in subsection E of this section to the
Governor and Legislature and make the report available on the
Department's website.
G. F. As funds are available, beginning with the 2021-2022
school year, the Department shall provide training on the best
practices for screening for dyslexia.
H. G. The State Board of Education may promulgate rules
necessary to implement the provisions of this section.
SECTION 10. This act shall become effective July 1, 2024.
SECTION 11. It being immediately n ecessary for the pre servation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect
and be in full force from and after its passage and approval ."
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Passed the House of Representatives the 25th day of April, 2024.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2024.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 362 By: Pugh of the Senate
and
Baker of the House
An Act relating to schools; amending 70 O.S. 2021,
Section 5-142, which relates to criminal history
record checks for school emp loyment; removing certain
exemption from obtaining new criminal history record
check; updating statutory language; providing
exemption from obtai ning new criminal history record
check to certain persons who have obtained a record
check for certain purposes within certain time
period; directing certain persons seeking employment
as a full-time teacher to include certain letter;
removing certain exem ptions from obtaining new
criminal history record check ; providing an effective
date; and declaring an emergenc y.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 12. AMENDATORY 70 O.S. 2021, Section 5 -142, is
amended to read as follows:
Section 5-142. A. Except as otherwis e provided for in
subsection F of this s ection, for purposes of employme nt, a board of
education may request in writing to the State Board of Education
that a national criminal history record c heck be conducted of any
employee of the school and shall reque st such information for any
person seeking employment with the school ; provided that a board of
education shall not be required to obtain a new criminal h istory
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record check for an individual w ho has obtained certificat ion from
the State Department of Educ ation within the previous twelve (12)
months. The Oklahoma State Bureau of Investigation (OSBI) shall
obtain fingerprints of the employee or prospective employee and
require that the person pa y a search fee not to exce ed Fifty Dollars
($50.00) or the cost of the search, whichever is the lesser amount.
The fee shall be deposi ted in the OSBI Revolving Fund. School
districts may reimburse employees for the cost of the search. The
State Board of Education shall contact t he Oklahoma State Bureau of
Investigation for any national criminal history r ecord of the person
within fourteen (14) working days of receiving a written request
from the board of education.
B. The Oklahoma State Bureau of Invest igation shall provide the
national criminal history record chec k requested by the State Board
of Education within fourteen (14) working days from the receipt of
the request. The Bureau may contact the Federal Bureau of
Investigation to obtain the informat ion requested.
C. The State Board of Education shall provide t he information
received from the Oklahom a State Bureau of Investigation to the
board of education within fourteen (14) days from the receipt of the
information. The State Board of Education sh all provide any follow -
up information received from the OSBI co ncerning a person for which
whom a national criminal history record chec k was requested to the
employing board of education.
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D. For the purpose of this sectio n:
1. “Board of education” includes both public and private boards
of education within or outsid e this state;
2. “Employing agency” means a political subdivision or la w
enforcement agency in this state;
3. “Law enforcement officer ” means a peace or poli ce officer
who is certified by the Council on Law Enforcemen t Education and
Training;
4. “National criminal history record check ” means a national
criminal history reco rd check as defined in Section 150.9 of Title
74 of the Oklahoma Statutes; and
5. “Prospective employee” means an individual who has received
an offer of temporary employment from a s chool district pending the
results of the national criminal history reco rd check.
E. Each public board of education within this state shall
promulgate a statement regarding the felony record s earch policy for
that school district. The policy may permit t emporary employment of
prospective employees for a maximum of sixty (60) days pending
receipt of results of national criminal history record check
requests. The temporary employment of the pro spective employee
shall terminate after sixty (60) days unless the school district
receives the results of the national criminal histor y record check.
The sixty-day temporary employment period shall begin on the first
day the prospective employee reports for duty at the employing
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school district. Prospective employe es shall be notified of the
requirement, the fee, and the reimbursement policy when first
interviewed concerning employment. The school district ’s
reimbursement policy shall provide, at a mini mum, that employees
shall be promptly reimbursed in full for th e fee if employed by the
district at the time the national criminal hist ory record check
request is made unless the person was employed pending receipt of
results as set forth above.
F. 1. Any person who has been employed as a full-time teacher
by a school district in this state obtained a criminal history
record check for certification, as required by Section 6 -190 of this
title, or for employment with a school as required by this section
in the immediately preceding five (5) years and applies for
employment as a full-time teacher or substitute teacher in another a
school district in this state may not be required to have a national
criminal history record check if the teacher produces a copy of a
the national criminal history record check completed within the
preceding five (5) years and . Any person who has been employed as a
full-time teacher by a school district in this state who applies for
employment as a full-time teacher in another school district in this
state shall also provide a letter from the school district in which
the teacher was employed stating the teacher le ft in good standing.
2. For any person applying for employment as a substitute
teacher, a national criminal history reco rd check shall be required
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for the school year; provided, howev er, a board of education may
choose whether to require a national crimin al history record check
from a prospective substitute teacher who has been employed by the
school district in the last ye ar. Any person applying f or
employment as a substitute teacher in more than one school district
shall only be required to have one nat ional criminal history record
check, and, upon the request of the substitute teacher, that record
check shall be sent to all other school districts in which the
substitute teacher is a pplying to teach.
3. Any person employe d as a full-time teacher by a sc hool
district in this state in the five (5) years immediately preceding
an application for employment as a substitute tea cher may not be
required to have a national criminal history re cord check, if the
teacher produces a co py of a national criminal histor y record check
completed within the preceding five (5) years and a letter from the
school district in which the teacher w as last employed stating t he
teacher left in good standing.
4. Any person employed as a substitute tea cher by a school
district in this state for a minimum of five (5) years immediately
preceding an application for employment as a full -time teacher in a
school district in this sta te may not be required to have a nati onal
criminal history record check if th e teacher produces a copy of a
national criminal history record check completed within the
preceding five (5) years and a letter from the school district in
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which the teacher was employed as a substitute teacher stat ing the
teacher left in good standing.
5. Any person employed as a full -time teacher by a school
district in this state for ten (10) or more consecutive years
immediately preceding an applicat ion for employment as a su bstitute
teacher in the same school d istrict may not be required to have a
national criminal history record c heck for as long as the person
remains employed for consecutive years by that school district as a
substitute teacher, if the teacher left full -time employment in good
standing. If the teacher applies for employment as a su bstitute
teacher in another scho ol district, a national criminal history
record check shall be required.
G. 1. Except as otherwise provided by this sub section, any
teacher employed by an Oklahoma school district pr ior to the
effective date of this act May 19, 2020, who does not have an
Oklahoma criminal history record check from the Oklahoma State
Bureau of Investigation as well as a national criminal hi story
record check, as def ined in Section 150.9 of Title 74 of the
Oklahoma Statutes, on file with his or her employing district as
required by this section shall complete the criminal history record
checks upon the next renewal of his or her Standard Teaching
Certificate standard teaching certificate as required by Section 6-
154.1 of this title or State Bo ard of Education administrative rules
promulgated thereto.
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2. Except as otherwise provid ed by this subsection, any other
person employed by an Oklahoma school district prior to the
effective date of this act May 20, 2020, who does not have an
Oklahoma criminal history record check from the Oklahoma State
Bureau of Investigation as well as a national crimin al history
record check, as defined in Section 150 .9 of Title 74 of the
Oklahoma Statutes, on file with his or he r employing district as
required by this section shall have until July 1 , 2022, to complete
the criminal history record checks.
3. Any teacher eligible to retire from the Teachers ’ Retirement
System of Oklahoma who d oes not have an Oklahoma criminal histo ry
record check from the Oklahoma State Bureau of Investigation as well
as a national criminal history record check, as defined in Section
150.9 of Title 74 of the Oklahoma Statutes, on file wi th his or her
employing district as required by this section sh all complete the
criminal history record checks by the earlier of the fo llowing
dates:
a. July 1, 2022, or
b. at the next renewal of his or her Standard Teaching
Certificate standard teaching certificate as required
by Section 6-154.1 of this title or Stat e Board of
Education administrative rule s promulgated thereto.
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H. The provisions of this section shall not apply to technology
center employees hired on a part -time or temporary basis for the
instruction of adult st udents only.
I. The provisions of this section shall not apply to law
enforcement officers who are employed by an employing agency at the
time of application for employment at a public school district.
J. Nothing in this section sh all be construed to imp ose
liability on school districts, excep t in negligence, for employing
prospective employees within the sixty -day temporary employment
window pending the results of the national criminal history record
check.
SECTION 13. This act shall beco me effective July 1, 2023.
SECTION 14. It being immediately nece ssary 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.
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Passed the Senate the 7th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives