Bill Text: IA HF2413 | 2015-2016 | 86th General Assembly | Enrolled


Bill Title: A bill for an act relating to reading proficiency assessments and intensive summer reading programs administered and provided by school districts. (Formerly HF 2229)

Spectrum: Committee Bill

Status: (Enrolled - Dead) 2016-05-04 - Sent to Governor. H.J. 999. [HF2413 Detail]

Download: Iowa-2015-HF2413-Enrolled.html
House File 2413 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON EDUCATION

                              (SUCCESSOR TO HF 2229)
 \5
                                   A BILL FOR
 \1
                                        House File 2413

                             AN ACT
 RELATING TO READING PROFICIENCY ASSESSMENTS AND  INTENSIVE
    SUMMER READING PROGRAMS ADMINISTERED AND PROVIDED BY SCHOOL
    DISTRICTS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 256.7, subsection 31, paragraph a, Code
 2016, is amended to read as follows:
    a.  By July 1, 2013, adopt Adopt by rule guidelines for
 school district implementation of section 279.68, including
  but not limited to basic levels of reading proficiency on
 approved locally determined or statewide assessments and
 identification of tools that school districts may use in
 evaluating and reevaluating any student who may not be or who
 is determined not to be deficient reading proficiently and is
  persistently at risk in reading, including but not limited to
 initial assessments and subsequent assessments, alternative
 assessments, and portfolio reviews. The state board shall
 adopt standards that provide a reasonable expectation that a
 student's progress toward reading proficiency under section
 279.68 is sufficient to master appropriate grade four level
 reading skills prior to the student's promotion to grade four.
    Sec. 2.  Section 279.68, Code 2016, is amended to read as
 follows:
    279.68  Student progression == remedial intensive reading
  instruction == reporting requirements == promotion.
    1.  Reading deficiency and proficiency, assessments, parental
 notification, and promotion.
    a.  A school district shall assess all students enrolled
 in kindergarten through grade three at the beginning of each
 school year for their level of reading or reading readiness on
 locally determined or statewide assessments, as provided in
 section 256.7, subsection 31. A If a student is not reading
 proficiently and is persistently at risk in reading, based
 upon the assessments administered in accordance with this
 paragraph, the school district shall provide intensive reading
 instruction to any the student who exhibits a substantial
 deficiency in reading, based upon the assessment or through
 teacher observations. The student's reading proficiency shall
 be periodically reassessed by locally determined or statewide
 assessments including periodic universal screening and annual
 standard=based assessments. The student shall continue to be
 provided with intensive reading instruction until the student
 is reading deficiency is remedied at grade level, as determined
 by the student's consistently proficient performance on valid
 and reliable measures of reading ability.  For purposes of
 this section, "persistently at risk" means the student has not
 met the grade=level benchmark on two consecutive screening
 assessments administered under this paragraph.
    b.  The parent or guardian of any student in kindergarten
 through grade three who exhibits a substantial deficiency in
  is persistently at risk in reading, as described in paragraph
 "a", shall be notified at least annually in writing and shall be
 provided all of the following:
    (1)  That the child has been identified as having a
 substantial deficiency in reading.
    (2)  (1)  A description of the services currently provided to
 the child student.
    (3)  (2)  A description of the proposed supplemental
 instructional services and supports that the school district
 will provide to the child student that are designed to
 remediate the identified area of areas in which the student is
 persistently at risk in reading deficiency.
    (4)  (3)  Strategies for parents and guardians to use in
 helping the child succeed in reading proficiency student read
 proficiently, including but not limited to the promotion of
 parent=guided home reading.
    (4)  Regular updates regarding the student's progress
 toward reaching or exceeding the targeted level of reading
 proficiency.
    c.  Beginning May 1, 2017, unless the school district is
 granted a waiver pursuant to subsection 2, paragraph "e", if the
 student's student is persistently at risk in reading deficiency
 is not remedied by the end of grade three, as demonstrated by
 scoring on a locally determined or statewide assessment as
 provided in section 256.7, subsection 31, the school district
 shall notify the student's parent or guardian that the parent
 or guardian may enroll the student in an intensive summer
 reading program offered in accordance with subsection 2,
 paragraph "e". If the parent or guardian does not enroll the
 student in the intensive summer reading program and the student
 is ineligible for the good cause exemption under subsection
 5, the student shall be retained in grade three pursuant to
 subsection 3. If the student is exempt from participating in
 an intensive summer reading program for good cause, pursuant
 to subsection 5, or completes the intensive summer reading
 program but is not reading proficient proficiently upon
 completion of the program, the student may be promoted to grade
 four, but the school district shall continue to provide the
 student with intensive reading instruction until the student is
 proficient in reading proficiently as demonstrated by scoring
 on locally determined or statewide assessments administered
 under paragraph "a".
    2.  Successful progression for early readers.  If funds
 are appropriated by the general assembly for purposes of
 implementing this subsection, a school district shall do all
 of the following:
    a.  Provide students who are identified as having a
 substantial deficiency persistently at risk in reading under
 subsection 1, paragraph "a", with intensive instructional
 services and supports, free of charge, to remediate the
 identified areas of reading deficiency in which students are
 not proficient in reading, including a minimum of ninety
 minutes daily of scientific, research=based reading instruction
 and other strategies prescribed by the school district which
 may include but are not limited to the following:
    (1)  Small group instruction.
    (2)  Reduced teacher=student ratios.
    (3)  More frequent progress monitoring.
    (4)  Tutoring or mentoring.
    (5)  Extended school day, week, or year.
    (6)  Summer reading programs.
    b.  At regular intervals, apprise the parent or guardian of
 academic and other progress being made by the student and give
 the parent or guardian other useful information.
    c.  In addition to required reading enhancement and
 acceleration strategies, provide parents of students who are
 identified as having a substantial deficiency persistently at
 risk in reading under subsection 1, paragraph "a", with a plan
 outlined in a parental contract, including participation in
 regular parent=guided home reading.
    d.  Establish a reading enhancement and acceleration
 development initiative designed to offer intensive accelerated
 reading instruction to each kindergarten through grade three
 student who is assessed as exhibiting a substantial deficiency
  persistently at risk in reading. The initiative shall comply
 with all of the following criteria:
    (1)  Be provided to all kindergarten through grade
 three students who exhibit a substantial deficiency in are
 persistently at risk in reading under this section. The
 assessment initiative shall measure phonemic awareness,
 phonics, fluency, vocabulary, and comprehension.
    (2)  Be provided during regular school hours in addition to
 the regular reading instruction.
    (3)  Provide a reading curriculum that meets guidelines
 adopted pursuant to section 256.7, subsection 31, and at a
 minimum has the following specifications:
    (a)  Assists students assessed as exhibiting a substantial
 deficiency in who are persistently at risk in reading to
 develop the skills to read at grade level. Assistance shall
 include but not be limited to strategies that formally address
 dyslexia, when appropriate. For purposes of this subparagraph
 division (a), "dyslexia" means a specific and significant
 impairment in the development of reading, including but not
 limited to phonemic awareness, phonics, fluency, vocabulary,
 and comprehension, that is not solely accounted for by
 intellectual disability, sensory disability or impairment, or
 lack of appropriate instruction.
    (b)  Provides skill development in phonemic awareness,
 phonics, fluency, vocabulary, and comprehension.
    (c)  Includes a scientifically based and reliable
 assessment.
    (d)  Provides initial and ongoing analysis of each student's
 reading progress.
    (e)  Is implemented during regular school hours.
    (f)  Provides a curriculum in core academic subjects to
 assist the student in maintaining or meeting proficiency levels
 for the appropriate grade in all academic subjects.
    e.  Offer each summer, beginning in the summer of 2017,
 unless the school district receives a waiver from this
 requirement from the department of education for the summer of
 2017, an intensive summer literacy reading program for students
 assessed as exhibiting a substantial deficiency in who are
 persistently at risk in reading. The program shall meet the
 criteria and follow the guidelines established pursuant to
 section 256.9, subsection 53, paragraph "c", subparagraph (1),
 subparagraph division (g).
    f.  Report to the department of education the specific
 intensive reading interventions and supports implemented by the
 school district pursuant to this section. The department shall
 annually prescribe the components of required or requested
 reports.
    3.  Promotion to grade four.  In determining whether to
 promote a student in grade three to grade four, a school
 district shall place significant weight on any area in which
 the student is persistently at risk in reading deficiency
 identified pursuant to subsection 1, paragraph "a", that is
 not yet remediated. The school district shall also weigh
 the student's progress in other subject areas, as well as
 the student's overall intellectual, physical, emotional, and
 social development. A decision to retain a student in grade
 three shall be made only after direct personal consultation
 with the student's parent or guardian and after the formulation
 of a specific plan of action to remedy increase the student's
 reading deficiency skills until the student is reading at grade
 level.
    4.  Ensuring continuous improvement in reading proficiency.
    a.  To ensure all children are reading proficiently by the
 end of third grade, each school district shall address reading
 proficiency as part of its comprehensive school improvement
 plan, drawing upon information about children students from
 assessments and reassessments conducted pursuant to subsection
 1 and the prevalence of deficiencies areas in which students
 are persistently at risk in reading identified by classroom,
 elementary school, and other student characteristics. As part
 of its comprehensive school improvement plan, each school
 district shall review chronic early elementary absenteeism
 for its impact on literacy development. If more than fifteen
 percent of an attendance center's students are not proficient
 in reading proficiently and are persistently at risk in
 reading by the end of third grade, the comprehensive school
 improvement plan shall include strategies to reduce that
 percentage, including school and community strategies to raise
 the percentage of students who are proficient in reading at
 grade level.
    b.  Each school district, subject to an appropriation of
 funds by the general assembly, shall provide professional
 development services to enhance the skills of elementary
 teachers in responding to children's unique reading issues and
 needs and to increase the use of evidence=based strategies.
    5.  Good cause exemption.
    a.  The school district shall exempt students from the
 retention and intensive summer reading program requirements
 of subsection 1, paragraph "c", for good cause. Good cause
 exemptions shall be limited to the following:
    (1)  Limited English proficient students who have had
 less than two years of instruction in an English as a second
 language program.
    (2)  Students requiring special education whose
 individualized education program indicates that participation
 in a locally determined or statewide assessment as provided in
 section 256.7, subsection 31, is not appropriate, consistent
 with the requirements of rules adopted by the state board of
 education for the administration of chapter 256B.
    (3)  Students who demonstrate an acceptable level of
 performance on an alternative performance measure approved
 pursuant to section 256.7, subsection 31.
    (4)  Students who demonstrate mastery through a student
 portfolio under alternative performance measures approved
 pursuant to section 256.7, subsection 31.
    (5)  Students who have received intensive remediation in
 reading for two or more years but who are still demonstrate
 a deficiency persistently at risk in reading and who were
 previously retained in kindergarten, grade one, grade two,
 or grade three. Intensive reading instruction for students
 so promoted must include an altered instructional day that
 includes specialized diagnostic information and specific
 reading strategies for each student. The school district
 shall assist attendance centers and teachers to implement
 reading strategies that research has shown to be successful in
 improving reading among low=performing readers.
    b.  Requests For students described in paragraph "a",
 subparagraphs (3) and (4), a request for a good cause
 exemptions exemption from the retention requirement of
 subsection 1, paragraph "c", for students described in
 paragraph "a", subparagraphs (3) and (4), shall include
 documentation from the student's teacher to the school
 principal that indicates that the promotion of the student is
 appropriate and is based upon the student's academic record.
 Such documentation shall include but not be limited to the
 individualized education program, if applicable, report card,
 or student portfolio.


                                                             
                               LINDA UPMEYER
                               Speaker of the House


                                                             
                               PAM JOCHUM
                               President of the Senate
    I hereby certify that this bill originated in the House and
 is known as House File 2413, Eighty=sixth General Assembly.


                                                             
                               CARMINE BOAL
                               Chief Clerk of the House
 Approved                , 2016


                                                             
                               TERRY E. BRANSTAD
                               Governor

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