ENGROSSED HOUSE
BILL NO. 1550	By:	Kern, Nelson and Cockroft of the House

			   and

		Jolley of the Senate

An Act relating to schools; amending 70 O.S. 2001, Sections 1210.508C, as last amended by Section 3, Chapter 431, O.S.L. 2005, 1210.508D, as last amended by Section 1, Chapter 387, O.S.L. 2008 and 1210.508E, as last amended by Section 2, Chapter 387, O.S.L. 2008 (70 O.S. Supp. 2010, Sections 1210.508C, 1210.508D and 1210.508E), which relate to the Reading Sufficiency Act; providing for retention of third-grade students not participating in a certain program; providing for retention of third-grade students not completing certain competencies; providing for the retention of third-grade students who score at a certain level on a certain test; requiring certain notification of parents; specifying notification; allowing exemption from mandatory retention for good cause; listing good cause criteria; adding category of students eligible for reimbursement; modifying authority of a teacher to recommend participation in a certain summer academy or other program; and requiring retention of a student who fails to complete certain competencies.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2001, Section 1210.508C, as last amended by Section 3, Chapter 431, O.S.L. 2005 (70 O.S. Supp. 2010, Section 1210.508C), is amended to read as follows:
Section 1210.508C  A.  1.  Each student enrolled in kindergarten in a public school in this state shall be screened for reading skills including, but not limited to, phonological awareness, letter recognition, and oral language skills as identified in the Priority Academic Student Skills (PASS) adopted by the State Board of Education.  A screening instrument approved by the State Board shall be utilized for the purposes of this section.
2.  For those kindergarten children at risk for reading difficulties, teachers shall emphasize reading skills as identified in the PASS, monitor progress throughout the year and measure year-end reading progress.
3.  Classroom assistants, which may include parents, grandparents, or other volunteers, shall be provided in kindergarten classes to assist with the screening of students if a teacher aide is not already employed to assist in a kindergarten classroom.
B.  1.  Each student enrolled in first, second and third grade of the public schools of this state shall be assessed at the beginning of each school year using a screening instrument approved by the State Board of Education for the acquisition of reading skills including, but not limited to, phonological awareness, phonics, spelling, reading fluency, vocabulary, and comprehension.  
2.  Any student who is assessed and found not to be reading at the appropriate grade level shall be provided a program of reading instruction designed to enable the student to acquire the appropriate grade level reading skills.  If a student is found not to be reading at the appropriate grade level and teachers, in collaboration with others, are concerned that undiagnosed health problems may affect the ability of the student to read, the school district may make a recommendation to the parents or legal guardians for medical evaluation without being liable for cost of the evaluation or any associated costs.
3.  Throughout the year progress monitoring shall continue, and diagnostic assessment, if determined appropriate, shall be provided.  Year-end reading skills shall be measured to determine reading success.
C.  The State Board of Education shall approve no more than three screening instruments for use at the beginning of the school year, for monitoring of progress, and for measurement of reading skills at the end of the school year as required in subsections A and B of this section; provided, one of the screening instruments shall be recommended by the Oklahoma Commission for Teacher Preparation.  The State Board shall also determine other comparable reading assessments for diagnostic purposes and for periodic and post assessments to be used for students at risk of reading failure.  The State Board shall ensure that any assessments approved are in alignment with the PASS.
D.  The program of reading instruction required in subsection B of this section shall align with the PASS and may include, but is not limited to:
1.  Sufficient additional in-school instructional time for the acquisition of phonological awareness, phonics, spelling, reading fluency, vocabulary, and comprehension;
2.  If necessary, tutorial instruction after regular school hours, on Saturdays and during summer; however, such instruction may not be counted toward the one-hundred-eighty-day school year required in Section 1-109 of this title; and
3.  Assessments identified for diagnostic purposes and periodic monitoring to measure the acquisition of reading skills including, but not limited to, phonological awareness, phonics, spelling, reading fluency, vocabulary, and comprehension, as identified in the student’s program of reading instruction.
E.  The program of reading instruction shall continue until the student is determined by the results of approved reading assessments to be reading on grade level.
F.  1.  Every school district shall adopt, implement, and annually update a district reading sufficiency plan which has had input from school administrators, teachers, and parents and if possible a reading specialist, and which shall be submitted to and approved by the State Board of Education as a part of each district's Comprehensive Local Education Plan.  The district reading sufficiency plan shall include a plan for each site which includes an analysis of the data provided by the Oklahoma School Testing Program and other reading assessments utilized as required in this section, and which outlines how each school site will comply with the provisions of the Reading Sufficiency Act.
2.  Each school site shall establish a committee, composed of educators, which if possible shall include a certified reading specialist, to develop the required programs of reading instruction.  A parent or guardian of the student shall be included in the development of the program of reading instruction for that student.
3.  The State Board of Education shall adopt rules for the implementation and evaluation of the provisions of the Reading Sufficiency Act.  The evaluation shall include, but not be limited to, an analysis of the data required in subsection H of this section.
G.  For any third-grade student found not to be reading at grade level as determined by reading assessments administered pursuant to this section, a new program of reading instruction shall be developed and implemented as specified in this section.  If possible, a fourth-grade teacher shall be involved in the development of the program of reading instruction.  In addition to other requirements of the Reading Sufficiency Act, the plan may include specialized tutoring and may include a recommendation as to whether the student should be retained in the third grade at the close of that year.  The parent or guardian of the student shall be included in the retention consideration.
H.  1.  If a third-grade student is not reading at grade level by the end of the school year, the student shall be asked to participate in a summer academy or other program designed to assist the student in attaining grade-level reading skills as provided for in Section 1210.508E of this title.  If after consultation with the parent or guardian the student does not participate in a summer academy or other program, the student shall be retained in the third grade and a new program of reading instruction shall be developed and implemented for the student as set forth in this section.  If after consultation with the parent or guardian the student does participate in a summer academy or other program but does not successfully complete the competencies in the summer academy or other program as set forth in Section 1210.508E of this title, the student shall be retained in the third grade and a new program of reading instruction shall be developed and implemented for the student as set forth in this section.  
2.  In addition to the conditions for retention as set forth in paragraph 1 of this subsection, any third-grade student who scores at the unsatisfactory level on the reading portion of the third-grade criterion-referenced test administered pursuant to Section 1210.508 of this title shall be retained in the third grade and a program of reading instruction shall be developed and implemented for the student as set forth in this section.
3.  The parent or guardian of a student who is not reading at grade level or who scored at the unsatisfactory level on the reading portion of the third-grade criterion-referenced test shall be notified of the following:
a.	that the student will be retained if the reading deficiencies of the student are not remediated,
b.	the reasons the student is not eligible for a good cause exemption as provided for in paragraph 4 of this subsection,
c.	a description of the program of reading instruction that will be provided to the student, and 
d.	strategies for parents to use in helping their child succeed in reading proficiency. 
4.  A school district may only exempt students from mandatory retention as provided for in this subsection for good cause.  Good cause exemptions shall be limited to the following:
a.	limited English-proficient students who have had less than two (2) years of instruction in English,
b.	students with disabilities whose Individualized Education Plan (IEP) indicates that participation in the statewide criterion-referenced test is not appropriate, 
c.	students who demonstrate an acceptable level of performance on an alternative reading assessment or through a student portfolio as approved by the State Board of Education,
d.	students with disabilities who participate in the statewide criterion-referenced tests and who have an IEP that reflects that the student has received a program of reading instruction but still demonstrates a deficiency in reading and was previously retained in kindergarten, first grade, second grade or third grade for two (2) years, and 
e.	students who have received a program of reading instruction but still demonstrate a deficiency in reading and who were previously retained in kindergarten, first grade, second grade or third grade for two (2) years.
I.  On or before December 1 of each year, the State Department of Education shall issue to the Governor and members of the Senate and House of Representatives Education Committees a Reading Report Card for the state and each school district and elementary site which shall include, but is not limited to, trend data detailing three (3) years of data, disaggregated by student subgroups to include economically disadvantaged, major racial or ethnic groups, students with disabilities, and English language learners, as appropriate for the following:
1.  The number and percentage of students in kindergarten through third grade determined to be at risk for reading difficulties compared to the total number of students enrolled in each grade;
2.  The number and percentage of students in kindergarten who continue to be at risk for reading difficulties as determined by the year-end measurement of reading progress;
3.  The number and percentage of students in first through third grade who have successfully completed their program of reading instruction and are reading on grade level as determined by the results of approved reading assessments;
4.  The number and percentage of students scoring at each performance level on the third-grade criterion-referenced test in reading;
5.  The amount of funds for reading remediation received by each district;
6.  An evaluation and narrative interpretation of the report data analyzing the impact of the Reading Sufficiency Act on students’ ability to read at grade level; and
7.  Any recommendations for improvements or amendments to the Reading Sufficiency Act.
The State Department of Education may contract with an independent entity for the reporting and analysis requirements of this subsection.
I. J.  Copies of the results of the assessments administered shall be made a part of the permanent record of each student.
SECTION 2.     AMENDATORY     70 O.S. 2001, Section 1210.508D, as last amended by Section 1, Chapter 387, O.S.L. 2008 (70 O.S. Supp. 2010, Section 1210.508D), is amended to read as follows:
Section 1210.508D  A.  Contingent on the provision of appropriated funds designated for the Reading Sufficiency Act, school districts may be reimbursed in the amount of up to One Hundred Fifty Dollars ($150.00) for each enrolled first-, second- and third-grade student of the current school year, including any student who has been retained in the third grade pursuant to subsection H of Section 1210.508C of this title, who is found to be in need of remediation in reading.  The reimbursement shall be for expenses incurred in reading assessment and remediation at those grade levels pursuant to the provisions of the Reading Sufficiency Act.  School districts may be reimbursed up to Four Hundred Dollars ($400.00) for each student completing the third grade, including any student who has been retained in the third grade pursuant to subsection H of Section 1210.508C of this title, who is found not to be reading at the third-grade level and who subsequently participates in a summer reading remediation program.  A school district which has ten or fewer students participating in a summer reading remediation program may be allocated a base amount of One Thousand Five Hundred Dollars ($1,500.00) for the program which shall be in addition to the per-student reimbursement amount provided for in this subsection.  The State Board of Education shall promulgate rules for such a course that specify at least four (4) weeks of tutoring a half (1/2) day each day.  The summer reading remediation programs shall be taught by teachers who have successfully completed a professional development institute in reading administered by the Oklahoma Commission for Teacher Preparation or a scientifically-based reading professional development program administered by the State Board of Education.
B.  In order to be reimbursed, school districts shall file a claim with the State Department of Education at the end of each school semester or prior to the end of the fiscal year in which the remediation is provided.  Claims from summer remediation provided in July or August shall be filed with the first semester claim of the subsequent school year.  Claims shall be reimbursed in a timely manner.  The State Board of Education shall promulgate rules for the administration of reimbursements.
C.  If a teacher attends and completes a professional development institute in elementary reading approved by the Oklahoma Commission for Teacher Preparation during the summer or when school is not in session, the teacher shall receive a stipend equal to the amount of the cost for a substitute teacher, based on the amount of funds allocated.
SECTION 3.     AMENDATORY     70 O.S. 2001, Section 1210.508E, as last amended by Section 2, Chapter 387, O.S.L. 2008 (70 O.S. Supp. 2010, Section 1210.508E), is amended to read as follows:
Section 1210.508E  A.  If a teacher determines that a third-grade student is not reading at grade level by the end of the second quarter of the school year, the parent or guardian of the student shall be notified of:
1.  The reading level of the student;
2.  The program of reading instruction for the student as required pursuant to the Reading Sufficiency Act; and
3.  The potential need for the student to participate in a summer academy or other program designed to assist the student in attaining grade-level reading skills.
B.  A teacher who determines a third-grade student is unable to meet competencies required for reading for completion of third grade and promotion to fourth grade, may have the authority shall, after consultation with the parent or guardian of the student, to recommend that the promotion of the student to the fourth grade is contingent upon the participation in and successful completion of the required competencies for reading by the student at a summer academy or other program.  If the student does not participate in the summer academy or other program or does not successfully complete the competencies in the summer academy or other program, the student may shall be retained in the third grade as set forth in subsection H of Section 1210.508C of this title.
C.  Summer academy programs shall be designed to ensure that participating students successfully complete the competencies necessary in reading for promotion to fourth grade and to enhance next-grade readiness.  A summer academy reading program shall be a program that incorporates the content of a scientifically research-based professional development program administered by the Oklahoma Commission for Teacher Preparation or a scientifically based reading program administered by the State Board of Education and is taught by teachers who have successfully completed professional development in the reading program or who are certified as reading specialists.
D.  School districts may approve an option for students who are unable to attend a summer academy.  The optional program may include, but is not limited to, an approved private provider of instruction, approved computer- or Internet-based instruction, or an approved program of reading instruction monitored by the parent or guardian.  School districts shall not be required to pay for the optional program, but shall clearly communicate to the parent or guardian the expectations of the program and any costs that may be involved.
E.  Subject to the availability of funds, beginning one (1) year after implementation of this section, the requirements of subsection B of this section shall be expanded to apply to fourth-grade student promotion to fifth grade.  Each year thereafter, the requirements shall be expanded by one grade level until the requirements apply to third-grade students through eighth-grade students.  Summer academy programs shall be designed for each grade level.  Nothing in this section shall prevent the State Board of Education or a school district board of education from utilizing private, local, or federal funds to implement this section.
F.  The provisions of this section shall not apply to:
1.  Students who have individualized education programs pursuant to the Individuals with Disabilities Education Act (IDEA) and who satisfy the annual goals of the individualized education program for that student; and
2.  Students who are English language learners who have been determined not to be proficient in English as defined by a state-designated English proficiency assessment.  A third-grade student who is an English language learner and is found not to be reading at the third-grade level shall be eligible to participate in a summer reading remediation program.
G.  The State Board of Education shall adopt rules to implement the provisions of this section which shall include requirements for instructional time for summer school programs, teacher qualifications, and evaluation of student achievement as a result of summer academy programs or other optional programs.
Passed the House of Representatives the 14th day of March, 2011.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2011.

	
Presiding Officer of the Senate