Bill Text: AZ HB2520 | 2018 | Fifty-third Legislature 2nd Regular | Chaptered
Bill Title: Schools; reading requirements
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-05-16 - Chapter 309 [HB2520 Detail]
Download: Arizona-2018-HB2520-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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CHAPTER 309
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HOUSE BILL 2520 |
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AN ACT
amending sections 15‑211, 15‑249.03 and 15‑249.09, Arizona Revised Statutes; amending Section 15-701, Arizona Revised Statutes, as amended by Laws 2017, chapter 137, section 4, chapter 194, section 2 and chapter 210, section 3; repealing Section 15-701, Arizona Revised Statutes, as amended by Laws 2017, chapter 67, section 2; amending section 15‑704, Arizona Revised Statutes; relating to reading instruction.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-211, Arizona Revised Statutes, is amended to read:
15-211. K-3 reading program; receipt and use of monies; additional funding; report; program termination
A. The department of education shall administer a K‑3 reading program to improve the reading proficiency of pupils in kindergarten programs and grades one, two and three in the public schools of this state.
B. Each school district and charter school shall submit to the department of education a plan for improving the reading proficiency of its pupils in kindergarten programs and grades one, two and three. The plan shall include baseline data on the reading proficiency of its pupils in kindergarten programs and grades one, two and three and a budget for spending monies from both the K‑3 support level weight and the K‑3 reading support level weight established in section 15‑943. Each school district and charter school shall annually submit to the department of education on or before October 1 an updated K‑3 reading program plan that includes data on program expenditures and results, except that beginning in fiscal year 2016‑2017, a school district or charter school that is assigned a letter grade of A or B pursuant to section 15‑241 shall submit this plan only in odd-numbered years.
C. School districts and charter schools shall use monies generated by the K‑3 reading support level weight established in section 15‑943 only on instructional purposes based on the plan submitted pursuant to subsection B of this section intended to improve reading proficiency for pupils in kindergarten programs and grades one, two and three with particular emphasis on pupils in kindergarten programs and grades one and two.
D. Each school district and charter school that is assigned a letter grade of C, D or F pursuant to section 15‑241 or that has more than ten percent of its pupils in grade three who do not demonstrate sufficient reading skills as established by the state board of education according to the reading portion of the statewide assessment shall receive monies generated by the K‑3 reading support level weight established in section 15‑943 only after the K‑3 reading program plan of the school district or charter school has been submitted, reviewed and recommended for approval by the department of education and approved by the state board of education. The state board of education must give approval to a school district or charter school before any portion of the monies generated by the K-3 reading support level weight may be distributed to the school district or charter school pursuant to this subsection.
E. Pupils in a charter school that is in its first year of operation and that is sponsored by the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts are eligible for the K-3 reading support level weight.
F. The department of education shall solicit gifts, grants and donations from any lawful public or private source in order to provide additional funding for the K‑3 reading program.
G. The state board of education may establish rules and policies for the K‑3 reading program, including:
1. The proper use of monies in accordance with subsection C of this section.
2. The distribution of monies by the department of education in accordance with subsection B of this section.
3. The compliance of reading proficiency plans submitted pursuant to subsection B of this section with section 15‑704.
H. Pursuant to subsection G of this section, the department of education shall develop program implementation guidance for school districts and charter schools to assist schools in administering an effective K‑3 evidence‑based reading program plan. This guidance shall include identifying and recommending appropriate program expenditures, providing technical oversight and assistance for annually updating reading program plans, selecting and adopting evidence-based reading curricula and providing and promoting teacher professional development that is based on evidence‑based reading research. The department shall prioritize supports and interventions, including enrollment in reading trainings and professional development, for school districts and charter schools that have the highest percentage of pupils who do not demonstrate sufficient reading skills as established by the state board of education. The department shall deposit any monies received for offering reading trainings or professional development, into including coaching, in the department of education professional development revolving fund established by section 15‑237.01.
I. On or before December 15, the department of education shall submit an annual report on the K-3 reading program to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this annual report to the secretary of state, the state board of education and the chairpersons of the education committees of the senate and the house of representatives. The report shall contain all of the following:
1. Information on the improvement of K‑3 reading in this state, including achievement data statewide and achievement data at the school district and charter school level. The information pursuant to this paragraph shall include data and information on continued proficiency on the statewide assessment in subsequent grades.
2. A description of the activities of the department to support school districts and charter schools in improving K‑3 reading.
3. Specific findings on methods by which the department may continue to improve support and assistance for school districts and charter schools in the administration of K-3 reading program plans.
4. Information and data on K-3 reading program plans throughout this state and the expenditure of K-3 reading monies by school districts and charter schools.
5. Data reported pursuant to section 15‑701, subsection A, paragraph 2, subdivision (d).
J. The program established by this section ends on July 1, 2022 pursuant to section 41‑3102.
Sec. 2. Section 15-249.03, Arizona Revised Statutes, is amended to read:
15-249.03. Best practice examples of reading intervention and remedial reading strategies; posting
The department of education shall prominently post on the website maintained by the department best practice examples of evidence‑based reading intervention and remedial reading strategies used in school districts and charter schools in this state. The examples shall be selected from those school districts and charter schools that demonstrate improvement on third grade reading proficiency as measured by the statewide assessment administered pursuant to section 15-741. the school districts and charter schools selected shall represent school districts and charter schools in demographic composition, including rural and urban, size and student characteristics.
Sec. 3. Section 15-249.09, Arizona Revised Statutes, is amended to read:
15-249.09. Early literacy program fund; report; program termination; definitions
A. The early literacy grant program fund is established to provide support to improve reading skills, literacy and proficiency for students in kindergarten programs and grades one, two and three in addition to monies received pursuant to section 15‑211. The fund shall be administered by the department of education. The state board of education shall develop policies and procedures to be administered by the department of education.
B. Subject to review and approval by the state board of education, the department of education shall award grants on a three‑year cycle funds to eligible schools based on available monies on a per pupil basis. THE PER PUPIL AMOUNT SHALL BE CALCULATED USING THE STUDENT COUNT FOR PUPILS IN KINDERGARTEN PROGRAMS AND GRADES ONE, TWO AND THREE.
C. Eligible schools that receive funds pursuant to this section shall submit data on expenditures and results and other information required by subsection e of this section.
C. D. Eligible schools may use grant monies for eligible expenses to increase the reading proficiency of students in kindergarten programs and grades one, two and three. Eligible schools may also use grant monies to provide a full‑day kindergarten program that is structured to increase reading proficiency. Grant Monies must be used to supplement and not supplant activities expand, enhance and support the components included in a school's reading program plan submitted pursuant to section 15‑211.
D. E. Subject to review and approval by the state board of education, the department of education shall include a report on the early literacy grant program in the K-3 reading program plan required by section 15‑211. The report shall contain the following:
1. A description of the grants funds awarded each year.
2. A summary of the funded activities.
3. Information on the recipient schools' progress toward achievement goals.
4. Specific findings on grant‑funded strategies and activities and their level of effectiveness in improving reading proficiency in the recipient schools.
E. F. The program established by this section ends on July 1, 2025 pursuant to section 41‑3102.
F. G. For the purposes of this section:
1. "Eligible expenses" means expenses for evidence-based strategies and interventions designed to improve the reading proficiency of students in kindergarten programs and grades one, two and three pursuant to sections 15‑211 and 15‑704, including reading literacy coaches or and literacy specialists, reading curricula, kindergarten readiness assessments, summer programs or tutoring programs.
2. "Eligible school" means a public school with at least ninety percent of students who are eligible for free and reduced‑priced lunches under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785).
3. "STUDENT COUNT" MEANS THE AVERAGE DAILY MEMBERSHIP FOR PUPILS IN KINDERGARTEN PROGRAMS AND GRADES ONE, TWO AND THREE, AS PRESCRIBED IN SECTION 15-901 FOR THE CURRENT YEAR.
Sec. 4. Section 15-701, Arizona Revised Statutes, as amended by Laws 2017, chapter 137, section 4, chapter 194, section 2 and chapter 210, section 3, is amended to read:
15-701. Common school; promotions; requirements; certificate; supervision of eighth grades by superintendent of high school district; high school admissions; academic credit; definition
A. The state board of education shall:
1. Prescribe a minimum course of study, as defined in section 15‑101 and incorporating the academic standards adopted by the state board of education, to be taught in the common schools.
2. Prescribe competency requirements for the promotion of pupils from the eighth grade and competency requirements for the promotion of pupils from the third grade incorporating the academic standards in at least the areas of reading, writing, mathematics, science and social studies. The competency requirements for the promotion of pupils from the third grade shall include the following:
(a) A requirement that a pupil not be promoted from the third grade if the pupil obtains a score on the reading portion of the statewide assessment that demonstrates that the pupil's reading falls far below the third grade level or the equivalent does not demonstrate sufficient reading skills as established by the board. A pupil may not be retained if data regarding the pupil's performance on the statewide assessment is not available before the start end of the following current academic year. A pupil who is not retained due to the unavailability of test data must receive evidence-based intervention and remedial strategies pursuant to subdivision (c) of this paragraph if the third grade assessment data subsequently demonstrates that the pupil's reading ability falls far below the third grade level or the equivalent does not demonstrate sufficient reading skills.
(b) A mechanism to allow a school district governing board or the governing body of a charter school to promote a pupil from the third grade who obtains a score on the reading portion of the statewide assessment that demonstrates that the pupil's reading falls far below the third grade level for any of the following a pupil who does not demonstrate sufficient reading skills pursuant to subdivision (a) of this paragraph if the pupil:
(i) A good cause exemption if the pupil Is an English learner or a limited English proficient student as defined in section 15‑751 and has had fewer than two years of English language instruction.
(ii) A pupil who Is in the process of a special education referral or evaluation for placement in special education, a pupil who has been diagnosed as having a significant reading impairment, including dyslexia, or a pupil who is a child with a disability as defined in section 15‑761 if the pupil's individualized education program team and the pupil's parent or guardian agree that promotion is appropriate based on the pupil's individualized education program.
(iii) Has demonstrated or subsequently demonstrates sufficient reading skills or adequate progress towards sufficient reading skills of the third grade reading standards as evidenced through a collection of reading assessments approved by the state board of education, which includes an alternative standardized reading assessment approved by the state board.
(iii) (iv) A pupil who Receives intervention and remedial services during the summer or a subsequent school year pursuant to subdivision (c) of this paragraph and demonstrates sufficient progress may be promoted from the third grade based on guidelines issued pursuant to subsection B, paragraph 5 6 of this section.
(c) Evidence-based intervention and remedial strategies developed by the state board of education for pupils who are not promoted from the third grade. A school district governing board or the governing body of a charter school shall offer at least more than one of the intervention and remedial strategies developed by the state board of education. The parent or guardian of a pupil who is not promoted from the third grade and the pupil's teacher and principal may choose the most appropriate intervention and remedial strategies that will be provided to that pupil. The intervention and remedial strategies developed by the state board of education shall include:
(i) A requirement that the pupil be assigned to a different teacher for evidence-based reading instruction by a different teacher who was designated in that teacher's most recent performance evaluation in one of the top two performance classifications pursuant to section 15‑203, subsection A, paragraph 38.
(ii) Summer school reading instruction.
(iii) In the next academic year, intensive reading instruction that occurs before, during or after the regular school day, or any combination of before, during and after the regular school day.
(iv) Small group and teacher‑led evidence‑based reading instruction, which may include computer‑based or online reading instruction.
(d) A requirement that a school district governing board or charter school governing body that promotes a pupil pursuant to subdivision (b) of this paragraph provide annual reporting to the department of education on or before October 1 that includes information on the total number of pupils subject to the retention provisions of subdivision (a) of this paragraph, the total number of students promoted pursuant to subdivision (b) of this paragraph, the total number of pupils retained in grade three and the interventions administered pursuant to subdivision (c) of this paragraph.
3. Provide for universal screening of pupils in preschool programs, kindergarten programs and grades one through three that is designed to identify pupils who have reading deficiencies pursuant to section 15‑704.
4. Develop evidence-based intervention and remedial strategies pursuant to paragraph 2, subdivision (c) of this subsection for pupils in kindergarten programs and grades one through three who are identified as having reading deficiencies pursuant to section 15‑704.
5. Distribute guidelines for the school districts to follow in prescribing criteria for the promotion of pupils from grade to grade in the common schools. These guidelines shall include recommended procedures for ensuring that the cultural background of a pupil is taken into consideration when criteria for promotion are being applied.
B. School districts and charter schools shall provide annual written notification to parents of pupils in kindergarten programs and first, second and third grades that a pupil who obtains a score on the reading portion of the statewide assessment that demonstrates the pupil is reading far below the third grade level who does not demonstrate sufficient reading skills pursuant to subsection A of this section will not be promoted from the third grade. If the school has determined that the pupil is substantially deficient in reading before the end of grade three, the school district or charter School districts and charter schools shall identify each pupil who is at risk of reading below grade level in kindergarten and grades one, two and three, based on local or statewide assessments, and shall provide to the parent of that pupil a separate specific written notification of the reading deficiency that includes the following information:
1. A description of the pupil's specific individual needs.
1. 2. A description of the current reading services provided to the pupil.
2. 3. A description of the available supplemental instructional services and supporting programs that are designed to remediate reading deficiencies. Each school district or charter school shall offer at least more than one evidence-based intervention strategy and at least more than one remedial strategy developed by the state board of education for pupils with reading deficiencies. The notification shall list the intervention and remedial strategies offered and shall instruct the parent or guardian to choose, in consultation with the pupil's teacher, the strategy that will most appropriate strategies to be provided and implemented for that child.
3. 4. Parental strategies to assist the pupil to attain reading proficiency.
4. 5. A statement that the pupil will not be promoted from the third grade if the pupil obtains a score on the reading portion of the statewide assessment that demonstrates the pupil is reading far below the third grade level does not demonstrate sufficient reading skills pursuant to subsection A, paragraph 2, subdivision (a) of this section, unless the pupil is exempt from mandatory retention in grade three or the pupil qualifies for an exemption pursuant to subsection A, paragraph 2, subdivision (b) of this section.
5. 6. A description of the school district or charter school policies on midyear promotion to a higher grade.
C. Pursuant to the guidelines that the state board of education distributes, the governing board of a school district shall:
1. Prescribe curricula that include the academic standards in the required subject areas pursuant to subsection A, paragraph 1 of this section.
2. Prescribe criteria for the promotion of pupils from grade to grade in the common schools in the school district. These criteria shall include accomplishment of the academic standards in at least reading, writing, mathematics, science and social studies, as determined by district assessment. Other criteria may include additional measures of academic achievement and attendance.
D. The governing board may prescribe the course of study and competency requirements for promotion that are in addition to or higher than the course of study and competency requirements the state board prescribes.
E. A teacher shall determine whether to promote or retain a pupil in grade in a common school on the basis of the prescribed criteria. The governing board, if it reviews the decision of a teacher to promote or retain a pupil in grade in a common school as provided in section 15‑342, paragraph 11, shall base its decision on the prescribed criteria.
F. A governing board may provide and issue certificates of promotion to pupils whom it promotes from the eighth grade of a common school. Such certificates shall be signed by the principal or superintendent of schools. Where there is no principal or superintendent of schools, the certificates shall be signed by the teacher of an eighth grade. The certificates shall admit the holders to any high school in the state.
G. Within any high school district or union high school district, the superintendent of the high school district shall supervise the work of the eighth grade of all schools employing no superintendent or principal.
H. A school district shall not deny a pupil who is between the ages of sixteen and twenty‑one years admission to a high school because the pupil does not hold an eighth grade certificate. Governing boards shall establish procedures for determining the admissibility of pupils who are under sixteen years of age and who do not hold eighth grade certificates.
I. The state board of education shall adopt rules to allow common school pupils who can demonstrate competency in a particular academic course or subject to obtain academic credit for the course or subject without enrolling in the course or subject.
J. A school district may conduct a ceremony to honor pupils who have been promoted from the eighth grade.
K. For the purposes of this section, "dyslexia" means a condition that:
1. Is neurological in origin.
2. Is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities, including difficulties that typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and to the provision of effective classroom instruction.
3. May include secondary consequences such as problems with reading comprehension and reduced reading experience that may impede the growth of vocabulary and background knowledge.
Sec. 5. Repeal
Section 15-701, Arizona Revised Statutes, as amended by Laws 2017, chapter 67, section 2, is repealed.
Sec. 6. Section 15-704, Arizona Revised Statutes, is amended to read:
15-704. Reading proficiency; definitions
A. Each school district or charter school that provides instruction in kindergarten programs and grades one through three shall select and administer screening, ongoing diagnostic and classroom based instructional reading assessments, including a motivational assessment, as defined by the state board of education, to monitor student progress. Each school shall use the diagnostic information to plan evidence‑based appropriate and effective instruction and intervention.
B. Each school district or charter school that provides instruction for pupils in kindergarten programs and grades one through three shall conduct a curriculum evaluation and adopt an evidence‑based reading curriculum that includes the essential components of reading instruction. All school districts and charter schools that offer instruction in kindergarten programs and grades one through three shall provide ongoing teacher training based on evidence‑based reading research.
C. Each school district or charter school that provides instruction in kindergarten programs and grades one through three shall devote reasonable amounts of time to explicit evidence‑based instruction and independent reading in grades one through three.
D. A pupil in grade three who does not demonstrate proficiency on the reading standards measured by the statewide assessment administered pursuant to section 15‑741 shall be provided core reading instruction and intensive, evidence‑based reading instruction as defined by the state board of education until the pupil meets these standards.
E. The governing board of each school district and the governing body of each charter school shall determine the percentage of pupils at each school in grade three who do not demonstrate proficiency on the reading standards prescribed by the state board of education and measured by the statewide assessment administered pursuant to section 15‑741. If more than twenty percent of students in grade three at either the individual school level or at the school district level do not demonstrate proficiency on the standards, the governing board or governing body shall conduct a review of its reading program that includes curriculum and professional development in light of current, evidence‑based reading research.
F. Based on the review required in subsection E of this section, the governing board or governing body and the school principal of each school that does not demonstrate proficiency on the reading standards, in conjunction with school council members, if applicable, shall develop methods of best practices for teaching reading based on essential components of reading instruction and supported by evidence‑based reading research. These methods shall be adopted at a public meeting and shall be implemented the following academic year.
G. Subsections E and F of this section shall be coordinated with efforts to develop and implement an improvement plan if required pursuant to section 15‑241.02.
H. For the purposes of this section:
1. "Essential components of reading instruction" means explicit and systematic instruction in the following:
(a) Phonological awareness, including phonemic awareness.
(b) Phonics encoding and decoding.
(c) Vocabulary development.
(d) Reading fluency as demonstrated by automatic reading of text.
(e) Reading comprehension of written text.
(f) Written and oral expression, including spelling and handwriting.
2. "Evidence‑based reading research" means research that demonstrates either:
(a) A statistically significant effect on improving student outcomes or other relevant outcomes based on either:
(i) Strong evidence from at least one well‑designed and well‑implemented experimental study.
(ii) Moderate evidence from at least one well‑designed and well‑implemented quasi‑experimental study.
(iii) Promising evidence from at least one well‑designed and well‑implemented correlational study with statistical controls for selection bias.
(b) A rationale based on high‑quality research findings or positive evaluation that an activity, strategy or intervention is likely to improve student outcomes or other relevant outcomes and that includes ongoing efforts to examine the effects of these activities, strategies or interventions.
3. "Reading" means a complex system of deriving meaning from print written text that requires all of the following:
(a) The skills and knowledge to understand how phonemes or speech sounds are connected to print written text.
(b) The ability to decode unfamiliar words.
(c) The ability to read fluently.
(d) Sufficient background information and vocabulary to foster reading comprehension.
(e) The development of appropriate active strategies to construct meaning from print written text.
(f) The development and maintenance of a motivation to read.
Sec. 7. Rules for certification for common school instruction
Notwithstanding section 15‑203, Arizona Revised Statutes, the state board of education shall adopt rules that require applicants for all certificates for common school instruction to complete, from a public or private provider, a minimum of forty‑five classroom hours or three college‑level credit hours, or the equivalent, in both research‑based:
1. Systemic phonics instruction.
2. Reading instruction, including training on assessments, instructional practices and interventions to improve student reading proficiency.
APPROVED BY THE GOVERNOR MAY 16, 2018.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 16, 2018.
