Bill Text: IL HB4703 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the K-3 Comprehensive Reading and Math Intervention Act. Allows a school district to offer an evidence-based reading or math intervention program to each kindergarten through grade 3 student who exhibits a reading or math deficiency. Provides that any student in kindergarten through grade 3 who exhibits a deficiency in reading or math may receive an individual reading or math improvement plan. Allows a school district to provide a summer reading and math camp to all grade 3 students scoring at the lowest achievement level on the grade 3 statewide assessment and to establish at each school, where applicable, an intensive acceleration class for any student retained in grade 3 who was previously retained in kindergarten, grade one, or grade 2. Allows each school district and charter school to establish an extended-time literacy and math intervention program for students in kindergarten through grade 3 who score basic or below basic on a reading and math screening assessment. Amends the School Code. Provides that, beginning with 2022-2023 school year, grade 3 students must demonstrate sufficient reading and math skills for promotion to grade 4. Provides that if the student cannot demonstrate sufficient reading or math skills, the student must be retained in grade 3, with exceptions. Sets forth provisions concerning parental notification, intensive reading and math intervention, and reporting. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4703 Detail]

Download: Illinois-2019-HB4703-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4703

Introduced , by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:
See Index

Creates the K-3 Comprehensive Reading and Math Intervention Act. Allows a school district to offer an evidence-based reading or math intervention program to each kindergarten through grade 3 student who exhibits a reading or math deficiency. Provides that any student in kindergarten through grade 3 who exhibits a deficiency in reading or math may receive an individual reading or math improvement plan. Allows a school district to provide a summer reading and math camp to all grade 3 students scoring at the lowest achievement level on the grade 3 statewide assessment and to establish at each school, where applicable, an intensive acceleration class for any student retained in grade 3 who was previously retained in kindergarten, grade one, or grade 2. Allows each school district and charter school to establish an extended-time literacy and math intervention program for students in kindergarten through grade 3 who score basic or below basic on a reading and math screening assessment. Amends the School Code. Provides that, beginning with 2022-2023 school year, grade 3 students must demonstrate sufficient reading and math skills for promotion to grade 4. Provides that if the student cannot demonstrate sufficient reading or math skills, the student must be retained in grade 3, with exceptions. Sets forth provisions concerning parental notification, intensive reading and math intervention, and reporting. Makes other changes.
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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the K-3
5Comprehensive Reading and Math Intervention Act.
6 Section 5. Legislative intent and goal.
7 (a) It is the intent of the General Assembly that:
8 (1) each public school student's progression from one
9 grade to another be based, in part, upon proficiency in
10 reading and math;
11 (2) school board policies facilitate evidence-based
12 reading and math instruction and intervention services to
13 address student reading and math needs; and
14 (3) each student and his or her parent or guardian be
15 informed of that student's reading and math progress.
16 (b) It is the ultimate goal of the General Assembly that
17every public school student demonstrate reading and math
18performance at or above his or her grade level by grade 3.
19 Section 10. Reading or math intervention program. A school
20district may offer an evidence-based reading or math
21intervention program to each kindergarten through grade 3
22student who exhibits a reading or math deficiency to ensure the

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1student has reading and math skills at or above his or her
2grade level by the end of grade 3. A deficiency shall be
3defined as scoring below grade level or being determined to be
4at-risk of reading or math failure based upon a screening
5assessment, diagnostic assessment, standardized summative
6assessment, or progress monitoring. The State Board of
7Education shall create a process for reviewing and approving a
8list of reliable and valid reading and math screening
9assessments, and each school district may administer one of the
10Board-approved reading and math screening assessments to all
11kindergarten through grade 3 students within 45 days after the
12beginning of the school year to identify students with reading
13and math deficiencies. The reading or math intervention program
14may be provided in addition to the core reading or math
15instruction that is provided to all students in the general
16education classroom. The reading or math intervention program
17may:
18 (1) be provided to all kindergarten through grade 3
19 students identified as having a reading or math deficiency
20 as determined by the Board-approved reading and math
21 screening assessment administered within the first 45 days
22 of school;
23 (2) regularly monitor the progress of all kindergarten
24 through grade 3 students who have been identified as having
25 a reading or math deficiency throughout the school year and
26 adjust instruction according to student needs;

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1 (3) in the reading intervention program, provide
2 explicit and systematic instruction in phonological
3 awareness, phonics, fluency, vocabulary, and
4 comprehension, as applicable;
5 (4) in the math intervention program, provide explicit
6 and systematic instruction in early numeracy skills, as
7 applicable;
8 (5) be implemented during regular school hours; and
9 (6) subject to available funds, provide professional
10 development for teachers responding to students' reading
11 and math issues and needs.
12 Section 15. Reading or math improvement plan. Any student
13in kindergarten through grade 3 who exhibits a deficiency in
14reading or math at any time, based upon the reliable and valid
15reading and math screening assessment approved by the State
16Board of Education under Section 10, may receive an individual
17reading or math improvement plan no later than 45 days after
18the identification of the reading or math deficiency. The
19reading or math improvement plan may be created by the teacher,
20the principal, or other pertinent school personnel, along with
21the parent or guardian, and may describe the research-based
22reading or math intervention services the student will receive
23to remedy the reading or math deficiency. Under the reading or
24math improvement plan, the student must receive intensive
25reading or math intervention until the student no longer has a

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1deficiency in reading or math.
2 Section 20. Summer reading and math camp. A school district
3may provide a summer reading and math camp to all grade 3
4students scoring at the lowest achievement level on the grade 3
5statewide English language arts and mathematics assessment. A
6summer reading and math camp must be staffed with highly
7effective teachers of reading and math, as demonstrated by
8student reading and math performance data and teacher
9performance evaluations. A highly effective teacher of reading
10or math may provide explicit and systematic reading or math
11intervention services and support to correct the identified
12areas of reading or math deficiency. A summer reading and math
13camp must include, at a minimum, 90 hours of instructional time
14in reading or math or both. If funding allows, a school
15district may offer a summer reading and math camp to students
16in grades one and 2 identified with a reading or math
17deficiency.
18 Section 25. Intensive acceleration class. A school
19district may establish at each school, where applicable, an
20intensive acceleration class for any student retained in grade
213 who was previously retained in kindergarten, grade one, or
22grade 2. The intensive acceleration class may:
23 (1) have a reduced teacher-student ratio; and
24 (2) provide explicit and systematic reading or math

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1 instruction and intervention for the majority of student
2 contact time each day.
3 Section 30. Extended-time literacy and math intervention
4program.
5 (a) Each school district and charter school may establish
6an extended-time literacy and math intervention program for
7students in kindergarten through grade 3 who score basic or
8below basic on the fall reading and math screening assessment
9or alternate reading and math screening assessment approved by
10the State Board of Education under Section 10. The school
11district or charter school shall submit the program to the
12State Board.
13 (b) The program may provide proven and effective
14research-based substantial intervention and shall include
15basic mathematics, phonemic awareness, decoding, vocabulary,
16comprehension, and fluency, as applicable to the student based
17on a formative assessment designed to, at a minimum, identify
18weaknesses in those areas. The program may include:
19 (1) online or digital instructional materials or
20 programs or library resources;
21 (2) a minimum of 60 hours of supplemental instruction
22 for students in kindergarten through grade 3 who score
23 below basic on the reading and math screening assessment;
24 and
25 (3) a minimum of 30 hours of supplemental instruction

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1 for students in kindergarten through grade 3 who score
2 basic on the reading and math screening assessment.
3 (c) To ensure students receive high quality literacy and
4math instruction and intervention, the State Board of Education
5may provide professional development to districts and schools
6on best practices supporting literacy and math instruction.
7 (d) Each school district and charter school establishing an
8extended-time literacy and math intervention program under
9this Section must annually report program participation and
10effectiveness to the State Board of Education. The State Board
11shall compile this data in an annual report that is sent to the
12Governor and the General Assembly, as provided in Section 3.1
13of the General Assembly Organization Act.
14 Section 90. State Board enforcement, technical assistance,
15and rulemaking.
16 (a) The State Board of Education has the authority to
17enforce this Act. However, a school district is exempt from the
18requirements of this Act if it can prove that it already has an
19effective program.
20 (b) The State Board may provide technical assistance to aid
21school districts in implementing this Act.
22 (c) The State Board may adopt any rules necessary to
23administer this Act.
24 Section 900. The School Code is amended by changing

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1Sections 10-20.9a and 34-18.51 and by adding Sections 2-3.182,
210-20.9b, and 34-18.51a as follows:
3 (105 ILCS 5/2-3.182 new)
4 Sec. 2-3.182. Student retention, promotion, and assessment
5information; report. The State Board of Education may establish
6a uniform format for school districts to report the information
7required under subsection (g) of Section 10-20.9b and
8subsection (g) of 34-18.51a. The format may be developed with
9input from school boards and may be provided to each school
10district no later than 90 days prior to the annual reporting
11due date.
12 The State Board may annually compile the information
13required under subsection (g) of Section 10-20.9b and
14subsection (g) of 34-18.51a, along with State-level summary
15information, and, by October 1 of each year, report that
16information to the public, the Governor, and the General
17Assembly, as provided under Section 3.1 of the General Assembly
18Organization Act.
19 (105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
20 Sec. 10-20.9a. Final grade; promotion.
21 (a) Teachers shall administer the approved marking system
22or other approved means of evaluating pupil progress. The
23teacher shall maintain the responsibility and right to
24determine grades and other evaluations of students within the

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1grading policies of the district based upon his or her
2professional judgment of available criteria pertinent to any
3given subject area or activity for which he or she is
4responsible. District policy shall provide the procedure and
5reasons by and for which a grade may be changed; provided that
6no grade or evaluation shall be changed without notification to
7the teacher concerning the nature and reasons for such change.
8If such a change is made, the person making the change shall
9assume such responsibility for determining the grade or
10evaluation, and shall initial such change.
11 (b) School districts shall not promote students to the next
12higher grade level based upon age or any other social reasons
13not related to the academic performance of the students. School
14On or before September 1, 1998, school boards shall adopt and
15enforce a policy on promotion as they deem necessary to ensure
16that students meet local goals and objectives and can perform
17at the expected grade level prior to promotion. Decisions to
18promote or retain students in any classes shall be based on
19successful completion of the curriculum, attendance,
20performance based on the assessments required under Section
212-3.64a-5 of this Code, the Iowa Test of Basic Skills, or other
22testing or any other criteria established by the school board.
23Students determined by the local district to not qualify for
24promotion to the next higher grade shall be provided remedial
25assistance, which may include, but shall not be limited to, a
26summer bridge program of no less than 90 hours, tutorial

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1sessions, increased or concentrated instructional time,
2modifications to instructional materials, and retention in
3grade. This subsection (b) is subject to Section 10-20.9b.
4(Source: P.A. 98-972, eff. 8-15-14.)
5 (105 ILCS 5/10-20.9b new)
6 Sec. 10-20.9b. Retention in grade 3 for reading or math
7deficiency.
8 (a) The parent or guardian of any kindergarten through
9grade 3 student who exhibits a deficiency in reading or math at
10any time during the school year must be notified, in writing,
11no later than 30 days after the identification of the reading
12or math deficiency, and the written notification must include
13all of the following:
14 (1) That his or her child has been identified as having
15 a deficiency in reading or math and a reading or math
16 improvement plan may be developed by the teacher, the
17 principal, or other pertinent school personnel, along with
18 the parent or guardian.
19 (2) A description of the current services that are
20 provided to the child.
21 (3) A description of the proposed research-based
22 reading or math intervention services and supplemental
23 instructional services and support that will be provided to
24 the child and that are designed to remedy the identified
25 areas of reading or math deficiency.

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1 (4) Notification that the parent or guardian will be
2 informed in writing of his or her child's progress toward
3 grade-level reading or math at least once every 2 weeks.
4 (5) Strategies for the parent or guardian to use at
5 home to help his or her child succeed in reading or math.
6 (6) That if the child's reading or math deficiency is
7 not corrected by the end of grade 3, the child will not be
8 promoted to grade 4 unless a good cause exemption is met.
9 (7) That while the statewide reading and math
10 assessment is the initial determinate for promotion, it is
11 not the sole determinate at the end of grade 3 and students
12 are provided with a test-based student portfolio option or
13 an alternative standardized reading and math assessment
14 option approved by the State Board of Education to
15 demonstrate sufficient reading and math skills for
16 promotion to grade 4.
17 (b) Beginning with 2022-2023 school year, grade 3 students
18must demonstrate sufficient reading and math skills for
19promotion to grade 4. Students may be provided with the
20following options to demonstrate sufficient reading or math
21skills for promotion to grade 4:
22 (1) scoring above a specific cut score, as determined
23 by the State Board, on the grade 3 statewide English
24 language arts and mathematics assessment;
25 (2) earning an acceptable score, as determined by the
26 State Board, on an alternative standardized reading and

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1 math assessment approved by the State Board; or
2 (3) demonstrating mastery of all grade 3 State reading
3 and math standards as evidenced through a test-based
4 student reading and math portfolio.
5The State Board shall establish criteria for the student
6reading and math portfolio and to define mastery of all grade 3
7State reading and math standards.
8 If the student cannot demonstrate sufficient reading or
9math skills under this subsection (b) and does not qualify for
10a good cause exemption under subsection (c), the student must
11be retained in grade 3. However, no student may be retained
12twice in grade 3.
13 (c) A school board may exempt a student from mandatory
14retention as provided in subsection (b) only for good cause. A
15student who is promoted to grade 4 with a good cause exemption
16may continue to receive intensive reading or math intervention
17that includes specific reading or math strategies prescribed in
18the student's reading or math improvement plan until the
19deficiency is remedied. The school district may assist schools
20and teachers with the implementation of reading and math
21strategies that research has shown to be successful in
22improving reading and math among students with reading and math
23difficulties. Good cause exemptions may be limited to the
24following:
25 (1) Students with disabilities whose individualized
26 education program indicates that participation in

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1 statewide assessments is not appropriate, consistent with
2 State law.
3 (2) Students identified as English learners who have
4 had less than 2 years of instruction in a transitional
5 bilingual education program.
6 (3) Students with disabilities who participate in the
7 statewide English language arts and mathematics assessment
8 and who have an individualized education program or a
9 federal Section 504 plan that reflects that the student has
10 received intensive reading or math intervention for more
11 than 2 years but still demonstrates a deficiency in reading
12 or math and was previously retained in kindergarten, grade
13 1, grade 2, or grade 3.
14 (4) Students who have received intensive reading or
15 math intervention for 2 or more years but still demonstrate
16 a deficiency in reading or math and who were previously
17 retained in kindergarten, grade 1, grade 2, or grade 3 for
18 a total of 2 years.
19 (d) A request to exempt a student from the mandatory
20retention requirement using a good cause exemption under
21subsection (c) may be made consistent with the following:
22 (1) Documentation may be submitted from the student's
23 teacher to the school's administration that indicates that
24 the promotion of the student is appropriate. Such
25 documentation may consist only of the good cause exemption
26 being requested and the existing reading or math

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1 improvement plan or individualized education program, as
2 applicable.
3 (2) The school's administration may review and discuss
4 the promotion with the teacher and make a determination on
5 whether the student meets the requirements for a good cause
6 exemption. If the school's administration determines that
7 the student meets the requirements for a good cause
8 exemption based upon the documentation provided, the
9 school's administration may make a recommendation, in
10 writing, to the district superintendent that the student be
11 promoted. The district superintendent may accept or reject
12 the administration's recommendation, in writing.
13 (e) The school district may assist a school with providing
14written notification to the parent or guardian of any student
15who is retained. The notification shall state that the child
16has not met the reading or math level required for promotion,
17the reasons the child is not eligible for a good cause
18exemption, and that the child will be retained in grade 3. The
19notification must include a description of the proposed
20intervention services and support that will be provided to the
21child to remedy the identified areas of reading or math
22deficiency in the retained year.
23 (f) Beginning with the 2022-2023 school year, a student
24retained under subsection (b) must be provided intensive
25reading or math intervention to remedy the student's specific
26reading or math deficiency. The reading or math intervention

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1services must include effective instructional strategies to
2accelerate student progress. A school district may conduct a
3review of the reading and math improvement plans of all
4students retained in grade 3 under subsection (b). The review
5may address additional support and services, as described in
6this subsection (f), needed to remedy the identified areas of
7reading or math deficiency. The district may provide any of the
8following to retained students:
9 (1) A highly effective teacher of reading or math as
10 demonstrated by student reading or math performance data
11 and teacher performance evaluations.
12 (2) Reading or math intervention services and support
13 to correct the identified areas of reading or math
14 deficiency, including, but not limited to:
15 (A) more dedicated time than in the previous school
16 year to scientifically research-based reading or math
17 instruction and intervention;
18 (B) the use of reading or math strategies or
19 programs that are scientifically research-based and
20 that have proven results in accelerating student
21 reading or math achievement within the same school
22 year;
23 (C) daily targeted small group reading or math
24 intervention based on student needs;
25 (D) explicit and systematic instruction with more
26 detailed explanations, more extensive opportunities

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1 for guided practice, and more opportunities for error
2 correction and feedback; and
3 (E) frequent monitoring of the reading or math
4 progress of each student's reading or math skills
5 throughout the school year and an adjustment of
6 instruction according to the student's needs.
7 (3) The option of a transitional instructional
8 setting. Such setting may specifically be designed to
9 produce learning gains sufficient to meet grade 4
10 performance standards in all other core academic areas
11 while continuing to correct the areas of reading or math
12 deficiency.
13 (4) Before-school or after-school supplemental
14 research-based reading or math intervention delivered by a
15 teacher or tutor with specialized reading or math training.
16 (5) An at-home plan outlined in a parental contract,
17 including participation in parent-training workshops or
18 regular parent-guided reading or math activities.
19 (g) On or before September 1 of each year, a school board
20must report, in writing, to the State Board of Education the
21following information for the prior school year:
22 (1) The school board's policies and procedures on
23 student retention and promotion.
24 (2) By grade, the number and percentage of all students
25 in kindergarten through grade 3 performing below grade
26 level on local and statewide assessments.

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1 (3) By grade, the number and percentage of all students
2 retained in kindergarten through grade 3.
3 (4) The total number and percentage of students in
4 grade 3 who demonstrated sufficient reading or math skills
5 on the test-based student portfolio for promotion.
6 (5) The total number and percentage of students in
7 grade 3 who demonstrated sufficient reading or math skills
8 on the alternative standardized reading and math
9 assessment for promotion.
10 (6) The total number and percentage of students in
11 grade 3 who were promoted for good cause, by each category
12 of good cause listed under subsection (c).
13 (7) In succeeding school years, the performance of
14 students promoted for good cause on the statewide English
15 language arts and mathematics assessment.
16 (h) The State Board of Education may provide technical
17assistance to aid school boards in implementing this Section.
18 (i) A school district is exempt from the requirements of
19this Section if it can prove to the State Board that it already
20has an effective program.
21 (105 ILCS 5/34-18.51)
22 Sec. 34-18.51. Committee on the retention of students.
23 (a) The board may create a committee on the retention of
24students. The committee shall consist of the general
25superintendent of schools or his or her designee, a district

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1administrator who directs student instruction and curriculum,
2a principal from a school of the district, and a teacher from a
3school of the district.
4 (b) Prior to retention in a grade, a school may submit, by
5a date as set by the committee on the retention of students,
6the names of all students determined by the school to not
7qualify for promotion to the next higher grade and the reason
8for that determination. Subject to Section 34-18.51a, the The
9committee shall review the school's decision to retain with
10respect to each student and shall make a final decision
11regarding whether or not to retain a particular student. The
12committee shall take into consideration the relevant data and
13evidence gathered during the Response to Intervention process.
14The committee may vote to overturn a retention decision if the
15committee determines that the student should be promoted after
16examining the student's access to remedial assistance,
17performance, attendance, and participation and the resources
18and facilities provided by the school district or due to the
19student having an undiagnosed learning disability.
20(Source: P.A. 99-592, eff. 7-22-16; 100-201, eff. 8-18-17.)
21 (105 ILCS 5/34-18.51a new)
22 Sec. 34-18.51a. Retention in grade 3 for reading or math
23deficiency.
24 (a) The parent or guardian of any kindergarten through
25grade 3 student who exhibits a deficiency in reading or math at

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1any time during the school year must be notified, in writing,
2no later than 30 days after the identification of the reading
3or math deficiency, and the written notification must include
4all of the following:
5 (1) That his or her child has been identified as having
6 a deficiency in reading or math and a reading or math
7 improvement plan may be developed by the teacher, the
8 principal, or other pertinent school personnel, along with
9 the parent or guardian.
10 (2) A description of the current services that are
11 provided to the child.
12 (3) A description of the proposed research-based
13 reading or math intervention services and supplemental
14 instructional services and support that will be provided to
15 the child and that are designed to remedy the identified
16 areas of reading or math deficiency.
17 (4) Notification that the parent or guardian will be
18 informed in writing of his or her child's progress toward
19 grade-level reading or math at least once every 2 weeks.
20 (5) Strategies for the parent or guardian to use at
21 home to help his or her child succeed in reading or math.
22 (6) That if the child's reading or math deficiency is
23 not corrected by the end of grade 3, the child will not be
24 promoted to grade 4 unless a good cause exemption is met.
25 (7) That while the statewide reading and math
26 assessment is the initial determinate for promotion, it is

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1 not the sole determinate at the end of grade 3 and students
2 are provided with a test-based student portfolio option or
3 an alternative standardized reading and math assessment
4 option approved by the State Board of Education to
5 demonstrate sufficient reading and math skills for
6 promotion to grade 4.
7 (b) Beginning with 2022-2023 school year, grade 3 students
8must demonstrate sufficient reading and math skills for
9promotion to grade 4. Students may be provided with the
10following options to demonstrate sufficient reading or math
11skills for promotion to grade 4:
12 (1) scoring above a specific cut score, as determined
13 by the State Board, on the grade 3 statewide English
14 language arts and mathematics assessment;
15 (2) earning an acceptable score, as determined by the
16 State Board, on an alternative standardized reading and
17 math assessment approved by the State Board; or
18 (3) demonstrating mastery of all grade 3 State reading
19 and math standards as evidenced through a test-based
20 student reading and math portfolio.
21The State Board shall establish criteria for the student
22reading and math portfolio and to define mastery of all grade 3
23State reading and math standards.
24 If the student cannot demonstrate sufficient reading or
25math skills under this subsection (b) and does not qualify for
26a good cause exemption under subsection (c), the student must

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1be retained in grade 3. However, no student may be retained
2twice in grade 3.
3 (c) The board may exempt a student from mandatory retention
4as provided in subsection (b) only for good cause. A student
5who is promoted to grade 4 with a good cause exemption may
6continue to receive intensive reading or math intervention that
7includes specific reading or math strategies prescribed in the
8student's reading or math improvement plan until the deficiency
9is remedied. The school district may assist schools and
10teachers with the implementation of reading and math strategies
11that research has shown to be successful in improving reading
12and math among students with reading and math difficulties.
13Good cause exemptions may be limited to the following:
14 (1) Students with disabilities whose individualized
15 education program indicates that participation in
16 statewide assessments is not appropriate, consistent with
17 State law.
18 (2) Students identified as English learners who have
19 had less than 2 years of instruction in a transitional
20 bilingual education program.
21 (3) Students with disabilities who participate in the
22 statewide English language arts and mathematics assessment
23 and who have an individualized education program or a
24 federal Section 504 plan that reflects that the student has
25 received intensive reading or math intervention for more
26 than 2 years but still demonstrates a deficiency in reading

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1 or math and was previously retained in kindergarten, grade
2 1, grade 2, or grade 3.
3 (4) Students who have received intensive reading or
4 math intervention for 2 or more years but still demonstrate
5 a deficiency in reading or math and who were previously
6 retained in kindergarten, grade 1, grade 2, or grade 3 for
7 a total of 2 years.
8 (d) A request to exempt a student from the mandatory
9retention requirement using a good cause exemption under
10subsection (c) may be made consistent with the following:
11 (1) Documentation may be submitted from the student's
12 teacher to the school's administration that indicates that
13 the promotion of the student is appropriate. Such
14 documentation may consist only of the good cause exemption
15 being requested and the existing reading or math
16 improvement plan or individualized education program, as
17 applicable.
18 (2) The school's administration may review and discuss
19 the promotion with the teacher and make a determination on
20 whether the student meets the requirements for a good cause
21 exemption. If the school's administration determines that
22 the student meets the requirements for a good cause
23 exemption based upon the documentation provided, the
24 school's administration may make a recommendation, in
25 writing, to the general superintendent of schools that the
26 student be promoted. The superintendent may accept or

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1 reject the administration's recommendation, in writing.
2 (e) The school district may assist a school with providing
3written notification to the parent or guardian of any student
4who is retained. The notification shall state that the child
5has not met the reading or math level required for promotion,
6the reasons the child is not eligible for a good cause
7exemption, and that the child will be retained in grade 3. The
8notification must include a description of the proposed
9intervention services and support that will be provided to the
10child to remedy the identified areas of reading or math
11deficiency in the retained year.
12 (f) Beginning with the 2022-2023 school year, a student
13retained under subsection (b) must be provided intensive
14reading or math intervention to remedy the student's specific
15reading or math deficiency. The reading or math intervention
16services must include effective instructional strategies to
17accelerate student progress. The school district may conduct a
18review of the reading and math improvement plans of all
19students retained in grade 3 under subsection (b). The review
20may address additional support and services, as described in
21this subsection (f), needed to remedy the identified areas of
22reading or math deficiency. The district may provide any of the
23following to retained students:
24 (1) A highly effective teacher of reading or math as
25 demonstrated by student reading or math performance data
26 and teacher performance evaluations.

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1 (2) Reading or math intervention services and support
2 to correct the identified areas of reading or math
3 deficiency, including, but not limited to:
4 (A) more dedicated time than in the previous school
5 year to scientifically research-based reading or math
6 instruction and intervention;
7 (B) the use of reading or math strategies or
8 programs that are scientifically research-based and
9 that have proven results in accelerating student
10 reading or math achievement within the same school
11 year;
12 (C) daily targeted small group reading or math
13 intervention based on student needs;
14 (D) explicit and systematic instruction with more
15 detailed explanations, more extensive opportunities
16 for guided practice, and more opportunities for error
17 correction and feedback; and
18 (E) frequent monitoring of the reading or math
19 progress of each student's reading or math skills
20 throughout the school year and an adjustment of
21 instruction according to the student's needs.
22 (3) The option of a transitional instructional
23 setting. Such setting may specifically be designed to
24 produce learning gains sufficient to meet grade 4
25 performance standards in all other core academic areas
26 while continuing to correct the areas of reading or math

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1 deficiency.
2 (4) Before-school or after-school supplemental
3 research-based reading or math intervention delivered by a
4 teacher or tutor with specialized reading or math training.
5 (5) An at-home plan outlined in a parental contract,
6 including participation in parent-training workshops or
7 regular parent-guided reading or math activities.
8 (g) On or before September 1 of each year, the board must
9report, in writing, to the State Board the following
10information for the prior school year:
11 (1) The board's policies and procedures on student
12 retention and promotion.
13 (2) By grade, the number and percentage of all students
14 in kindergarten through grade 3 performing below grade
15 level on local and statewide assessments.
16 (3) By grade, the number and percentage of all students
17 retained in kindergarten through grade 3.
18 (4) The total number and percentage of students in
19 grade 3 who demonstrated sufficient reading or math skills
20 on the test-based student portfolio for promotion.
21 (5) The total number and percentage of students in
22 grade 3 who demonstrated sufficient reading or math skills
23 on the alternative standardized reading and math
24 assessment for promotion.
25 (6) The total number and percentage of students in
26 grade 3 who were promoted for good cause, by each category

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1 of good cause listed under subsection (c).
2 (7) In succeeding school years, the performance of
3 students promoted for good cause on the statewide English
4 language arts and mathematics assessment.
5 (h) The State Board may provide technical assistance to aid
6the board in implementing this Section.
7 (i) The school district is exempt from the requirements of
8this Section if it can prove to the State Board that it already
9has an effective program.

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1 INDEX
2 Statutes amended in order of appearance