Bill Text: MI SB0199 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Education: elementary; third grade reading law; amend. Amends sec. 1280f of 1976 PA 451 (MCL 380.1280f).
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2021-03-04 - Referred To Committee On Education And Career Readiness [SB0199 Detail]
Download: Michigan-2021-SB0199-Introduced.html
SENATE BILL NO. 199
March 04, 2021, Introduced by Senators
POLEHANKI, HOLLIER, BRINKS, IRWIN, WOJNO, BAYER, HERTEL, GEISS, CHANG,
ANANICH, ALEXANDER, BULLOCK and MOSS and referred to the Committee on
Education and Career Readiness.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1280f (MCL 380.1280f), as added by 2016 PA 306.
the people of the state of michigan enact:
Sec. 1280f. (1)
The department shall do all of the following to help ensure that more pupils
will achieve a score of at least proficient in English language arts on the
grade 3 state assessment:
(a) Approve 3 or more valid and reliable screening,
formative, and diagnostic reading assessment systems for selection and use by
school districts and public school academies in accordance with the following:
(i) Each approved
assessment system shall must
provide a screening assessment, monitoring capabilities for monitoring
progress toward a growth target, and a diagnostic assessment.
(ii) In determining which assessment systems to approve for use
by school districts and public school academies, the department shall also
consider at least the following factors:
(A) The time required to
conduct the assessments, with the intention of minimizing the impact on
instructional time.
(B) The level of
integration of assessment results with instructional support for teachers and
pupils.
(C) The timeliness in
reporting assessment results to teachers, administrators, and parents.
(b) Recommend or develop
an early literacy coach model with the following features:
(i) An early literacy coach shall
support and provide initial and ongoing
professional development to teachers in all of the following:
(A) Each of the 5 major
reading components listed in subsection (3)(a)(iv)(B) as
needed, based on an analysis of pupil performance data.
(B) Administering and
analyzing instructional assessments.
(C) Providing
differentiated instruction and intensive intervention.
(D) Using progress monitoring.
(E) Identifying and
addressing reading deficiency.
(ii) An early literacy coach shall also do all of the following:
(A) Model effective
instructional strategies for teachers.
(B) Facilitate study
groups.
(C) Train teachers in
data analysis and using data to differentiate instruction.
(D) Coach and mentor
colleagues.
(E) Work with teachers
to ensure that evidence-based reading programs such as comprehensive core
reading programs, supplemental reading programs, and comprehensive intervention
reading programs are implemented with fidelity.
(F) Train teachers to
diagnose and address reading deficiency.
(G) Work with teachers
in applying evidence-based reading strategies in other content areas,
including, but not limited to, prioritizing time spent on those teachers,
activities, and roles that will have the greatest impact on pupil achievement
and prioritizing coaching and mentoring in classrooms.
(H) Help to increase
instructional density to meet the needs of all pupils.
(I) Help lead and
support reading leadership teams at the school.
(J) Continue to increase
his or her knowledge base in best practices in reading instruction and
intervention.
(K) For each teacher who
teaches in a classroom for grades K to 3, model for the teacher, and coach the
teacher in, instruction with pupils in whole and small groups.
(iii) In the context of performing the functions described in
subparagraph (ii), an early literacy
coach shall must not
be asked to perform administrative functions that will confuse his or her role
for teachers.
(iv) An early literacy coach must meet all of the following:
(A) Have experience as a
successful classroom teacher.
(B) Have sufficient
knowledge of scientifically based reading research, special expertise in
quality reading instruction and infusing reading strategies into content area
instruction, and data management skills.
(C) Have a strong
knowledge base in working with adults.
(D) Have a minimum of a
bachelor's degree and advanced coursework in reading or have completed
professional development in evidence-based literacy instructional strategies.
(v) An early literacy coach shall must not be assigned a regular classroom teaching
assignment, but shall must
be expected to work frequently with pupils in whole and small group
instruction or tutoring in the context of modeling and coaching in or outside
of teachers' classrooms.
(2) Subject to
subsection (14), beginning in the 2017-2018 school
year, the board of a school district or board of directors of a public
school academy shall do all of the following to ensure that more pupils will
achieve a score of at least proficient in English language arts on the grade 3
state assessment:
(a) Select 1 valid and
reliable screening, formative, and diagnostic reading assessment system from
the assessment systems approved by the department under subsection (1)(a). A
school district or public school academy shall use this assessment system for
pupils in grades K to 3 to screen and diagnose difficulties, inform instruction
and intervention needs, and assess progress toward a growth target. A Excluding the 2021-2022
school year, a school district or public school academy periodically
shall assess a pupil's progress in reading skills at least 3 times per school
year in grades K to 3. The Excluding the 2021-2022 school year, the first of these
assessments for a school year shall must be conducted within the first 30 school days of the
school year.
(b) For any pupil in
grades K to 3 who exhibits a reading deficiency at any time, based upon the
reading assessment system selected and used under subdivision (a), provide an
individual reading improvement plan for the pupil within 30 days after the
identification of the reading deficiency. The individual reading improvement
plan shall must be
created by the pupil's teacher, school principal, and parent or legal guardian
and other pertinent school personnel, and shall must describe the reading intervention services the
pupil will receive to remedy the reading deficiency. A school district or
public school academy shall provide intensive reading intervention for the
pupil in accordance with the individual reading improvement plan until the
pupil no longer has a reading deficiency.
(c) If a pupil in grades
K to 3 is identified as having an early literacy delay or reading deficiency,
provide written notice to the pupil's parent or legal guardian of the delay or
reading deficiency in writing and provide tools to assist the parent or legal
guardian to engage in intervention and to address or correct any reading
deficiency at home.
(d) Require a school
principal or chief administrator to do all of the following:
(i) For a teacher in grades K to 3, target specific areas of
professional development based on the reading development needs data for
incoming pupils.
(ii) Differentiate and intensify professional development for
teachers based on data gathered by monitoring teacher progress in improving
pupil proficiency rates among their pupils.
(iii) Establish a collaborative system within the school to
improve reading proficiency rates in grades K to 3.
(iv) Ensure that time is provided for teachers to meet for
professional development.
(e) Utilize, at least,
early literacy coaches provided through the intermediate school district in
which the school district or public school academy is located, as provided for
under section 35a(4) of the state school aid act of 1979, MCL 388.1635a.
However, a public school academy may use an early literacy coach provided by
the public school academy, at the expense of the public school academy, rather
than using an early literacy coach provided through an intermediate school
district if the early literacy coach and the usage of the early literacy coach
otherwise meet the requirements of this section.
(3) Subject to
subsection (14), a school district or public school academy shall provide
reading intervention programs for pupils in grades K to 3, including at least
all of the following:
(a) For pupils who
exhibit a reading deficiency, a reading intervention program intended to ensure
that pupils are proficient readers by the end of grade 3 and that includes some
or all of the following features:
(i) Is provided to each pupil in grades K to 3 who is
identified with a reading deficiency based on screening and diagnostic tools,
and identifies and addresses the pupil's reading deficiency.
(ii) Periodically Excluding the 2021-2022 school year, periodically screens
and monitors the progress of each pupil's reading skills, at least 3 times per year.
(iii) Provides evidence-based core reading instruction that is
comprehensive and meets the majority of the general education classroom needs.
(iv) Provides reading intervention that meets, at a minimum, the
following specifications:
(A) Assists pupils
exhibiting a reading deficiency in developing the ability to read at grade
level.
(B) Provides intensive
development in the 5 major reading components: phonemic awareness, phonics,
fluency, vocabulary, and comprehension.
(C) Is systematic,
explicit, multisensory, and sequential.
(D) Is implemented
during regular school hours in addition to regular classroom reading
instruction.
(v) Provides parents, legal guardians, or other providers of
care for the pupil with a "Read at Home" read-at-home plan, including parent, guardian, or care
provider training workshops and regular home reading.
(vi) Documents efforts by the pupil's school to engage the
pupil's parent or legal guardian and whether or not those efforts were
successful.
(vii) Documents any dissenting opinions expressed by school
personnel or a parent or legal guardian concerning the individual reading
improvement plan provided for the pupil under subsection (2)(b).
(b) For grade 3 pupils
exhibiting a reading deficiency as determined by the pupil's teacher through
the diagnostic reading assessment system selected by the school district or
public school academy under subsection (2)(a), a reading intervention program
intended to correct the identified area or areas of reading deficiency and that
includes all of the following features as needed by the individual pupil:
(i) Is evidence-based and has proven results in accelerating
pupil reading achievement within the same school year.
(ii) Provides more dedicated time than the pupil's previous
school year in evidence-based reading instruction and intervention.
(iii) Provides daily targeted small group or 1-to-1 reading
intervention based on pupil needs as determined by assessment data, including
explicit and systematic instruction with more detailed and varied explanations,
more extensive opportunities for guided practice, and more opportunities for
error correction and feedback.
(iv) Provides administration of ongoing progress monitoring
assessments to frequently monitor pupil progress.
(v) Provides supplemental evidence-based reading intervention
delivered by a teacher, tutor, or volunteer with specialized reading training
that is provided before school, after school, during school hours but outside
of regular English language arts classroom time, or any combination of these.
(vi) Provides parents, legal guardians, or other providers of
care for a pupil with a "Read at Home" read-at-home plan, including parent, guardian, or care
provider training workshops and regular home reading.
(vii) Documents efforts by the pupil's school to engage the
pupil's parent or legal guardian and whether or not those efforts were
successful.
(viii) Documents any dissenting opinions expressed by school
personnel or a parent or legal guardian concerning the individual reading
improvement plan provided for the pupil under subsection (2)(b).
(c) Subject to
subsection (15), for pupils identified as English language learners by the
pupil's teacher or by the diagnostic reading assessment selected by the school
district or public school academy under subsection (2)(a), intervention services
that include at least all of the following:
(i) Ongoing assessments that provide actionable data for
teachers to use in interventions.
(ii) Instruction in academic vocabulary.
(iii) Instruction in the 5 major reading components listed in
subdivision (a)(iv)(B).
(iv) Common English language development strategies such as
modeling, guided practice, and comprehensive input.
(4) For all pupils
exhibiting a reading deficiency as determined by the pupil's teacher through
the diagnostic reading assessment system selected by the school district or
public school academy under subsection (2)(a), school districts and public
school academies are encouraged to offer summer reading camps staffed with
highly effective teachers of reading, as determined by the teacher evaluation
system under section 1249, providing reading intervention services and supports
to correct pupils' identified areas of reading deficiency.
(5) Beginning with pupils enrolled in grade 3 during the
2019-2020 school year, all of the following
apply:
(a) Subject to
subsection (6) and excluding the 2021-2022 school year,
the superintendent of the school district or chief administrator of the public
school academy in which the pupil is enrolled shall ensure that a pupil whose
parent or legal guardian has been provided with the notification under
subdivision (d) is not enrolled in grade 4 until 1 of the following occurs:
(i) The pupil achieves a reading score that is less than 1
grade level behind as determined by the department based on the grade 3 state
English language arts assessment.
(ii) The pupil demonstrates a grade 3 reading level through
performance on an alternative standardized reading assessment approved by the
superintendent of public instruction.
(iii) The pupil demonstrates a grade 3 reading level through a
pupil portfolio, as evidenced by demonstrating competency in all grade 3 state
English language arts standards through multiple work samples.
(b) Subject to
subsection (6), and excluding the 2021-2022 school year,
if a child younger than 10 years of age seeks to enroll for the first time in a
school district or public school academy in grade 4, the superintendent of the
school district or chief administrator of the public school academy shall not
allow the child to enroll in grade 4 unless 1 of the following occurs:
(i) The child achieves a grade 3 reading score as determined by
the department based on the reading portion of the grade 3 state English
language arts assessment.
(ii) The child demonstrates a grade 3 reading level through
performance on an alternative standardized reading assessment approved by the
superintendent of public instruction.
(iii) The child demonstrates a grade 3 reading level through a
pupil portfolio, as evidenced by demonstrating competency in all grade 3 state
English language arts standards through multiple work samples.
(c) Not later than May
23 of each year or not later than 14 days after the department finalizes the
scoring for the grade 3 state assessments, whichever is earlier, the department
shall provide CEPI with the grade 3 state assessment scores for every grade 3
pupil enrolled in a public school in this state who was administered 1 or more
of those assessments.
(d) Not later than June
1 of each year or not later than 14 days after CEPI receives the grade 3 state
assessment results from the department under subdivision (c), whichever is
earlier, using those state assessment results, CEPI shall identify each pupil
completing grade 3 that year who is subject to not being advanced to grade 4
due to the operation of subdivision (a)(i) and who
is not eligible to enroll in grade 4 under subsection (6)(a), and shall notify
the parent or legal guardian and the school district or public school academy
of each of these pupils that the pupil is subject to being retained in grade 3.
A school district or public school academy may also make its own notification
to a parent or guardian in addition to the notification by CEPI. The
notification by CEPI to a parent or legal guardian shall
must be by certified mail. The notification
by CEPI shall must clearly
state at least all of the following:
(i) That, based on standardized testing, this state has determined
that the pupil may be required to be retained in grade 3 as provided under
state law, with a reference to this section along with an explanation that even
if the pupil is not eligible to enroll in grade 4 based on state assessments,
the pupil may still be allowed to enroll in grade 4 if he or she demonstrates a
grade 3 reading level through performance on an alternative standardized
reading assessment or through a pupil portfolio.
(ii) That the parent or legal guardian has the right to request
a good cause exemption under this section that, if granted, will allow the
pupil to enroll in grade 4 in the next school year.
(iii) That the parent or legal guardian must request the good
cause exemption within 30 days after the date of the notification by CEPI and
must direct the request to the school district or public school academy in
which the parent or legal guardian intends to enroll the pupil for grade 4.
(iv) That the parent or legal guardian has the right to request
a meeting with school officials to discuss the retention requirement under
state law and the standards and processes for a good cause exemption from that
requirement.
(e) If a parent or legal
guardian receives a notification from CEPI under subdivision (d), the parent or
legal guardian may request a meeting with school officials to discuss the
retention requirement under state law and the standards and processes for a
good cause exemption from that requirement. If a parent or legal guardian
requests a meeting described in this subdivision, the school official to whom
the request is made shall ensure that an appropriate school official is made
available to the parent or legal guardian for such a the meeting.
(f) If a pupil is not
enrolled in grade 4 at the beginning of a school year due to the operation of
this subsection, then before placing the child in grade 4 during the school
year, an appropriate school official of the pupil's school district or public
school academy shall provide written notification to the pupil's parent or legal
guardian of the proposed placement.
(6) Subject to
subsection (11), if a pupil or child demonstrates both of the following, then
subsection (5)(a) and (b) do not apply and he or she may be enrolled in grade
4:
(a) That he or she is
proficient in all subject areas assessed on the grade 3 state assessment other
than English language arts, as evidenced by his or her scores on those
assessments.
(b) That he or she is
proficient in science and social studies as shown through a pupil portfolio and
as determined by the teacher who provided the grade 3 instruction to the pupil
in science or social studies, as applicable.
(7) For a pupil who is
not promoted to grade 4 or a child who is not enrolled in grade 4 due to the
operation of subsection (5), and for a pupil or child described in subsection
(6) or (11), the school district or public school academy shall provide a
reading intervention program that is intended to correct the pupil's specific
reading deficiency, as identified by a valid and reliable assessment. This
program shall must include
effective instructional strategies necessary to assist the pupil in becoming a
successful reader, and all of the following features, as appropriate for the
needs of the individual pupil:
(a) Assigning to a pupil
1 or more of the following:
(i) A highly effective teacher of reading as determined by the
teacher evaluation system under section 1249.
(ii) The highest evaluated grade 3 teacher in the school as
determined by the teacher evaluation system under section 1249.
(iii) A reading specialist.
(b) Reading programs
that are evidence-based and have proven results in accelerating pupil reading
achievement within the same school year.
(c) Reading instruction
and intervention for the majority of pupil contact time each day that
incorporates opportunities to master the grade 4 state standards in other core
academic areas, if applicable.
(d) Daily targeted small
group or 1-to-1 reading intervention that is based on pupil needs, determined
by assessment data, and on identified reading deficiencies and that includes
explicit and systematic instruction with more detailed and varied explanations,
more extensive opportunities for guided practice, and more opportunities for
error correction and feedback.
(e) Administration of
ongoing progress monitoring assessments to frequently monitor pupil progress
toward a growth target.
(f) Supplemental
evidence-based reading intervention delivered by a teacher or tutor with
specialized reading training that is provided before school, after school, during
regular school hours but outside of regular English language arts classroom
time, or any combination of these.
(g) Providing parents,
legal guardians, or other providers of care for the pupil with a "Read at Home" read-at-home
plan, including parent, guardian, or care provider training workshops
and regular home reading.
(8) If Except as otherwise provided
under this section, if the superintendent of the pupil's school district
or chief administrator of the pupil's public school academy, or his or her
designee, grants a good cause exemption from the requirements of subsection
(5)(a) for a pupil, then a pupil may be promoted to grade 4 without meeting the
requirements of subsection (5)(a). A good cause exemption may be granted only
according to the procedures under subsection (10) and only for 1 of the
following:
(a) The pupil is a
student with an individualized education program or with a section 504 plan and
the pupil's individualized education program team or section 504 coordinator,
as applicable, makes the decision to exempt the pupil from the requirements of
subsection (5)(a) based upon the team's or coordinator's knowledge of the
pupil.
(b) The pupil is a
limited English proficient student who has had less than 3 years of instruction
in an English language learner program.
(c) The pupil has
received intensive reading intervention for 2 or more years but still
demonstrates a reading deficiency and was previously retained in kindergarten,
grade 1, grade 2, or grade 3.
(d) The pupil has been continuously
enrolled in his or her current school district or public school academy for
less than 2 years and there is evidence that the pupil was not provided with an
appropriate individual reading improvement plan under subsection (2)(b) by the
school district or public school academy in which the pupil was previously
enrolled.
(e) The pupil's parent
or legal guardian has requested a good cause exemption within the time period
provided under subsection (10)(d) and the superintendent or chief administrator,
or his or her designee, determines that the good cause exemption is in the best
interests of the pupil.
(9) Subject to
subsection (14), if a pupil is promoted to grade 4 due to a good cause
exemption granted under subsection (8), the pupil remains eligible for reading
intervention services designed to enable the pupil to achieve proficiency in
reading. The services for a pupil described in this subsection shall must be similar to
those provided to pupils in grade 3 under this section.
(10) The Except as otherwise
provided under this section, the superintendent of a school district or
chief administrator of a public school academy, or his or her designee, shall
grant a good cause exemption under subsection (8) only through the following
procedure:
(a) For a good cause
exemption under subsection (8)(a) to (d), at the request of the pupil's parent
or legal guardian or upon the teacher's own initiative, the pupil's grade 3
teacher submits to the superintendent or chief administrator, or his or her designee,
a recommendation for a good cause exemption along with documentation that
indicates that a good cause exemption under subsection (8)(a) to (d) applies to
the pupil.
(b) For a pupil enrolled
in a school operated by a school district, the superintendent or his or her
designee shall review and discuss the recommendation with the pupil's grade 3
teacher and, if the pupil has an individualized education program, with the
pupil's individualized education program team. After this discussion, the
superintendent or his or her designee shall make a determination in writing of
whether or not to grant the good cause exemption for the pupil. The decision by
the superintendent or his or her designee is final.
(c) For a pupil enrolled
in a public school academy, the chief administrator of the public school
academy, or his or her designee, shall review and discuss the recommendation
with the pupil's grade 3 teacher and, if the pupil has an individualized
education program, with the pupil's individualized education program team.
After this discussion, the chief administrator or his or her designee shall
make a determination in writing of whether or not to grant the good cause
exemption for the pupil. The decision by the chief administrator or his or her
designee is final.
(d) For a pupil for whom
a request has been received from the pupil's parent or legal guardian, as
described in subsection (8)(e), if the request is received within 30 days after
the notification by CEPI under subsection (5)(d), the superintendent of the
school district or chief administrator of the public school academy, as
applicable, or his or her designee, shall review the request and any supporting
information and shall consider whether or not the good cause exemption is in
the best interests of the pupil. After this consideration, he or she shall make
a determination in writing of whether or not to grant the good cause exemption.
This determination shall must
be made and communicated to the parent or legal guardian at least 30
days before the first day of school for the school year. The decision of the
superintendent or chief administrator, or his or her designee, is final.
(e) The superintendent
of the pupil's school district or chief administrator of the pupil's public
school academy, or his or her designee, shall notify the pupil's parent or
legal guardian of the determination and decision under subdivision (b), (c), or
(d), as applicable.
(11) For a pupil or
child described in subsection (6) or a pupil who has been granted a good cause
exemption under subsection (8), the school district or public school academy
shall provide intensive reading intervention, as described under subsection
(7), for the pupil until he or she no longer has a reading deficiency.
(12) A school district
or public school academy shall not require a pupil to repeat grade 3 more than
once due to the operation of this section.
(13) Beginning June 4, 2019, if If a
school district or public school academy cannot furnish the number of teachers
needed to satisfy 1 or more of the criteria set forth in this section for a
school year, then by the August 15 before the beginning of that school year the
school district or public school academy shall develop a staffing plan for
providing services under this section. The school district or public school
academy shall post the staffing plan on its website for the applicable school
year. The staffing plan shall must include at least all of the following:
(a) A description of the
criteria that will be used to assign a pupil who has been identified as not
proficient in English language arts to a teacher.
(b) The credentials or
training held by teachers currently teaching at the school.
(c) How the school
district or public school academy will meet the requirements under this
section.
(14) This section does
not require or state an intention to require a school district or public school
academy to supplant state funds with federal funds for implementing or
supporting the activities under this section and does not prohibit a school
district or public school academy from continuing to use federal funds for any
of the purposes or activities described in this section.
(15) For pupils
identified as English language learners by the pupil's teacher or by the
diagnostic reading assessment selected by the school district or public school
academy under subsection (2)(a), if available staff resources allow, a school
district or public school academy is encouraged to provide the following
intervention services in addition to those required under subsection (3)(c):
(a) Instruction in the
pupil's native language, with withdrawal of that instruction as appropriate as
the pupil improves his or her English language skills. A school district or
public school academy is encouraged to provide this support for at least pupils
whose native language is Spanish, Chinese, Hindi, Korean, or Arabic.
(b) Opportunities for
speech production.
(c) Common English
language development strategies such as modeling, guided practice, and
comprehensive input.
(d) Feedback for the
pupil, including explanations in his or her native language.
(16) Beginning in 2020, not Not later
than September 1 of each year, a school district or public school academy shall
submit a retention report to the center for
educational performance CEPI and information
in the form and manner prescribed by the center. CEPI. The retention report shall
must contain at least all of the following
information for the most recent school year:
(a) The number of pupils
retained in grade 3 due to the operation of this section.
(b) The number of pupils
promoted to grade 4 due to a good cause exemption under subsection (8),
disaggregated by each of the specific exemptions listed in that subsection.
(17) As used in this
section:
(a) "CEPI" means the center for educational
performance created under section 94a of the state school aid act of 1979, MCL
388.1694a.
(b) (a) "Evidence-based"
means based in research and with proven efficacy.
(c) (b) "Individualized
education program" means that term as described in R 340.1721e of the
Michigan administrative code.Administrative Code.
(d) (c) "Kindergarten"
includes a classroom for young 5-year-olds, commonly referred to as "young
5s" or "developmental kindergarten".
(e) (d) "Reading
deficiency" means scoring below grade level or being determined to be at
risk of reading failure based on a screening assessment, diagnostic assessment,
standardized summative assessment, or progress monitoring.
(f) (e) "Reading
leadership team" means a collaborative system led by a school building's
principal or program director and consisting of a cross-section of faculty who
are interested in working to improve literacy instruction across the
curriculum.
(g) (f) "Section
504 plan" means a plan under section 504 of title V of the rehabilitation
act of 1973, 29 USC 794.
