Bill Text: OH SB21 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To revise the requirements of the Third-Grade Reading Guarantee, to revise the laws regarding facilities of a college-preparatory boarding school, and to declare an emergency.

Spectrum: Moderate Partisan Bill (Republican 34-11)

Status: (Passed) 2013-06-04 - Effective Date [SB21 Detail]

Download: Ohio-2013-SB21-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 21

Senator Lehner 

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A BILL

To amend section 3313.608 of the Revised Code to

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revise the requirements for reading teachers under

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the Third-Grade Reading Guarantee.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 3313.608 of the Revised Code be	4
amended to read as follows:	5

Sec. 3313.608.  (A)(1) Beginning with students who enter	6
third grade in the school year that starts July 1, 2009, and until	7
June 30, 2013, for any student who attains a score in the range	8
designated under division (A)(3) of section 3301.0710 of the	9
Revised Code on the assessment prescribed under that section to	10
measure skill in English language arts expected at the end of	11
third grade, each school district, in accordance with the policy	12
adopted under section 3313.609 of the Revised Code, shall do one	13
of the following:	14

(a) Promote the student to fourth grade if the student's	15
principal and reading teacher agree that other evaluations of the	16
student's skill in reading demonstrate that the student is	17
academically prepared to be promoted to fourth grade;	18

(b) Promote the student to fourth grade but provide the	19
student with intensive intervention services in fourth grade;	20

(c) Retain the student in third grade.

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(2) Beginning with students who enter third grade in the	22
2013-2014 school year, no school district shall promote to fourth	23
grade any student who attains a score in the range designated	24
under division (A)(3) of section 3301.0710 of the Revised Code on	25
the assessment prescribed under that section to measure skill in	26
English language arts expected at the end of third grade, unless	27
one of the following applies:	28

(a) The student is a limited English proficient student who	29
has been enrolled in United States schools for less than two full	30
school years and has had less than two years of instruction in an	31
English as a second language program.	32

(b) The student is a child with a disability entitled to	33
special education and related services under Chapter 3323. of the	34
Revised Code and the student's individualized education program	35
exempts the student from retention under this division.	36

(c) The student demonstrates an acceptable level of	37
performance on an alternative standardized reading assessment as	38
determined by the department of education.	39

(d) All of the following apply:

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(i) The student is a child with a disability entitled to	41
special education and related services under Chapter 3323. of the	42
Revised Code.	43

(ii) The student has taken the third grade English language	44
arts achievement assessment prescribed under section 3301.0710 of	45
the Revised Code.	46

(iii) The student's individualized education program or plan	47
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.	48
355, 29 U.S.C. 794, as amended, shows that the student has	49
received intensive remediation in reading for two school years but	50
still demonstrates a deficiency in reading.	51

(iv) The student previously was retained in any of grades	52
kindergarten to three.	53

(e)(i) The student received intensive remediation for reading	54
for two school years but still demonstrates a deficiency in	55
reading and was previously retained in any of grades kindergarten	56
to three.	57

(ii) A student who is promoted under division (A)(2)(e)(i) of	58
this section shall continue to receive intensive reading	59
instruction in grade four. The instruction shall include an	60
altered instructional day that includes specialized diagnostic	61
information and specific research-based reading strategies for the	62
student that have been successful in improving reading among	63
low-performing readers.	64

(B)(1) Beginning in the 2012-2013 school year, to assist	65
students in meeting the third grade guarantee established by this	66
section, each school district board of education shall adopt	67
policies and procedures with which it annually shall assess the	68
reading skills of each student enrolled in kindergarten to third	69
grade by the thirtieth day of September and shall identify	70
students who are reading below their grade level. Each district	71
shall use the diagnostic assessment to measure reading ability for	72
the appropriate grade level adopted under section 3301.079 of the	73
Revised Code, or a comparable tool approved by the department of	74
education, to identify such students. The policies and procedures	75
shall require the students' classroom teachers to be involved in	76
the assessment and the identification of students reading below	77
grade level.	78

(2) For each student identified by the diagnostic assessment	79
prescribed under this section as having reading skills below grade	80
level, the district shall do both of the following:	81

(a) Provide to the student's parent or guardian, in writing,	82
all of the following:	83

(i) Notification that the student has been identified as	84
having a substantial deficiency in reading;	85

(ii) A description of the current services that are provided	86
to the student;	87

(iii) A description of the proposed supplemental	88
instructional services and supports that will be provided to the	89
student that are designed to remediate the identified areas of	90
reading deficiency;	91

(iv) Notification that if the student attains a score in the	92
range designated under division (A)(3) of section 3301.0710 of the	93
Revised Code on the assessment prescribed under that section to	94
measure skill in English language arts expected at the end of	95
third grade, the student shall be retained unless the student is	96
exempt under division (A) of this section. The notification shall	97
specify that the assessment under section 3301.0710 of the Revised	98
Code is not the sole determinant of promotion and that additional	99
evaluations and assessments are available to the student to assist	100
parents and the district in knowing when a student is reading at	101
or above grade level and ready for promotion.	102

(b) Provide intensive reading instruction services and	103
regular diagnostic assessments to the student immediately	104
following identification of a reading deficiency until the	105
development of the reading improvement and monitoring plan	106
required by division (C) of this section. These intervention	107
services shall include research-based reading strategies that have	108
been shown to be successful in improving reading among	109
low-performing readers and instruction targeted at the student's	110
identified reading deficiencies.	111

(3) For each student retained under division (A) of this	112
section, the district shall do all of the following:	113

(a) Provide intense remediation services until the student is	114
able to read at grade level. The remediation services shall	115
include intensive interventions in reading that address the areas	116
of deficiencies identified under this section including, but not	117
limited to, not less than ninety minutes of reading instruction	118
per day, and may include any of the following:	119

(i) Small group instruction;

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(ii) Reduced teacher-student ratios;

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(iii) More frequent progress monitoring;

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(iv) Tutoring or mentoring;

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(v) Transition classes containing third and fourth grade	124
students;	125

(vi) Extended school day, week, or year;

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(vii) Summer reading camps.

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(b) Establish a policy for the mid-year promotion of a	128
student retained under division (A) of this section who	129
demonstrates that the student is reading at or above grade level;	130

(c) Provide each student with a teacher who satisfies one or	131
more of the applicable criteria set forth in division (H) of this	132
section.	133

The district shall offer the option for students to receive	134
applicable services from one or more providers other than the	135
district. Providers shall be screened and approved by the district	136
or the department of education. If the student participates in the	137
remediation services and demonstrates reading proficiency in	138
accordance with standards adopted by the department prior to the	139
start of fourth grade, the district shall promote the student to	140
that grade.	141

(4) For each student retained under division (A) of this	142
section who has demonstrated proficiency in a specific academic	143
ability field, each district shall provide instruction	144
commensurate with student achievement levels in that specific	145
academic ability field.	146

As used in this division, "specific academic ability field"	147
has the same meaning as in section 3324.01 of the Revised Code.	148

(C) For each student required to be provided intervention	149
services under this section, the district shall develop a reading	150
improvement and monitoring plan within sixty days after receiving	151
the student's results on the diagnostic assessment or comparable	152
tool administered under division (B)(1) of this section. The	153
district shall involve the student's parent or guardian and	154
classroom teacher in developing the plan. The plan shall include	155
all of the following:	156

(1) Identification of the student's specific reading	157
deficiencies;	158

(2) A description of the additional instructional services	159
and support that will be provided to the student to remediate the	160
identified reading deficiencies;	161

(3) Opportunities for the student's parent or guardian to be	162
involved in the instructional services and support described in	163
division (C)(2) of this section;	164

(4) A process for monitoring the extent to which the student	165
receives the instructional services and support described in	166
division (C)(2) of this section;	167

(5) A reading curriculum during regular school hours that	168
does all of the following:	169

(a) Assists students to read at grade level;

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(b) Provides scientifically based and reliable assessment;

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(c) Provides initial and ongoing analysis of each student's	172
reading progress.	173

(6) A statement that if the student attains a score in the	174
range designated under division (A)(3) of section 3301.0710 of the	175
Revised Code on the assessment prescribed under that section to	176
measure skill in English language arts expected by the end of	177
third grade, the student may be retained in third grade.	178

Each student with a reading improvement and monitoring plan	179
under this division who enters third grade after July 1, 2013,	180
shall be assigned to a teacher who satisfies one or more of the	181
applicable criteria set forth in division (H) of this section.	182

The district shall report any information requested by the	183
department about the reading improvement monitoring plans	184
developed under this division in the manner required by the	185
department.	186

(D) Each school district shall report annually to the	187
department on its implementation and compliance with this section	188
using guidelines prescribed by the superintendent of public	189
instruction. The superintendent of public instruction annually	190
shall report to the governor and general assembly the number and	191
percentage of students in grades kindergarten through four reading	192
below grade level based on the diagnostic assessments administered	193
under division (B) of this section and the achievement assessments	194
administered under divisions (A)(1)(a) and (b) of section	195
3301.0710 of the Revised Code in English language arts, aggregated	196
by school district and building; the types of intervention	197
services provided to students; and, if available, an evaluation of	198
the efficacy of the intervention services provided.	199

(E) Any summer remediation services funded in whole or in	200
part by the state and offered by school districts to students	201
under this section shall meet the following conditions:	202

(1) The remediation methods are based on reliable educational	203
research.	204

(2) The school districts conduct assessment before and after	205
students participate in the program to facilitate monitoring	206
results of the remediation services.	207

(3) The parents of participating students are involved in	208
programming decisions.	209

(F) Any intervention or remediation services required by this	210
section shall include intensive, explicit, and systematic	211
instruction.	212

(G) This section does not create a new cause of action or a	213
substantive legal right for any person.	214

(H)(1) Prior to July 1, 2014, each student described in	215
division (B)(3) or (C) of this section who enters third grade for	216
the first time on or after July 1, 2013, shall be assigned a	217
teacher who has been actively engaged in the reading instruction	218
of students for the previous three years and who satisfies one or	219
more of the following criteria:	220

(a) The teacher holds a reading endorsement on the teacher's	221
license and has attained a passing score on the corresponding	222
assessment for that endorsement.	223

(b) The teacher has completed a master's degree program with	224
a major in reading.	225

(c) The teacher has demonstrated evidence of a credential	226
earned from a list of scientifically research-based reading	227
instruction programs approved by the department.	228

(d) The teacher was rated "above value added," which means	229
most effective in reading, as determined by the department, for	230
the last two school years.	231

(2) Effective July 1, 2014, each student described in	232
divisions (B)(3) and (C) of this section shall be assigned a	233
teacher who has been actively engaged in the reading instruction	234
of students for the previous three years and who satisfies one or	235
more of the following criteria:	236

(a) The teacher holds a reading endorsement on the teacher's	237
license and has attained a passing score on the corresponding	238
assessment for that endorsement.	239

(b) The teacher has completed a master's degree program with	240
a major in reading.	241

(c) The teacher was rated above "above value added," which	242
means most effective for the last two school years.	243

(d) The teacher has earned a passing score on a rigorous test	244
of principles of scientifically research-based reading	245
instruction. This test shall be selected through a competitive	246
bidding process and shall be approved by the state board.	247

(3) If, on the effective date of this amendmentMarch 22,	248
2013, a school district or community school cannot furnish the	249
number of teachers needed who satisfy one or more of the criteria	250
set forth in division (H)(1) of this section, the school district	251
or community school shall develop and submit a plan by June 30,	252
2013, in a manner determined by the department indicating the	253
criteria that will be used to determine those teachers in the	254
school district or community school who will teach and how the	255
school district or community school will meet the requirements set	256
forth in division (H)(2) of this section.	257

A school district or community school may include in this	258
plan the option to contract with another school district or	259
private provider that has been screened and approved by the	260
department to provide intervention services. If the school	261
district or community school's plan is not approved by the	262
department by August 15, 2013, the school district or community	263
school shall use a private contractor from a list approved by the	264
department or contract with another district to provide	265
intervention services for these students.	266

Section 2.  That existing section 3313.608 of the Revised	267
Code is hereby repealed.	268