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

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-Engrossed.html

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As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 21

Senator Lehner 

Cosponsors: Senators Sawyer, Gardner, Bacon, Beagle, Brown, Coley, Eklund, Faber, Hite, Jones, Manning, Obhof, Peterson, Seitz, Turner, Uecker 

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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 and to declare

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an emergency.

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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	5
amended to read as follows:	6

Sec. 3313.608.  (A)(1) Beginning with students who enter	7
third grade in the school year that starts July 1, 2009, and until	8
June 30, 2013, unless the student is excused under division (C) of	9
section 3301.0711 of the Revised Code from taking the assessment	10
described in this section, for any student who attains a score in	11
the range designated under division (A)(3) of section 3301.0710 of	12
the Revised Code on the assessment prescribed under that section	13
to measure skill in English language arts expected at the end of	14
third grade or who does not attain at least the equivalent level	15
of achievement under that section as determined by the department	16
of education, each school district, in accordance with the policy	17
adopted under section 3313.609 of the Revised Code, shall do one	18
of the following:	19

(a) Promote the student to fourth grade if the student's	20
principal and reading teacher agree that other evaluations of the	21
student's skill in reading demonstrate that the student is	22
academically prepared to be promoted to fourth grade;	23

(b) Promote the student to fourth grade but provide the	24
student with intensive intervention services in fourth grade;	25

(c) Retain the student in third grade.

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(2) Beginning with students who enter third grade in the	27
2013-2014 school year, unless the student is excused under	28
division (C) of section 3301.0711 of the Revised Code from taking	29
the assessment described in this section, no school district shall	30
promote to fourth grade any student who attains a score in the	31
range designated under division (A)(3) of section 3301.0710 of the	32
Revised Code on the assessment prescribed under that section to	33
measure skill in English language arts expected at the end of	34
third grade or who does not attain at least the equivalent level	35
of achievement under that section as determined by the department,	36
unless one of the following applies:	37

(a) The student is a limited English proficient student who	38
has been enrolled in United States schools for less than two full	39
school years and has had less than two years of instruction in an	40
English as a second language program.	41

(b) The student is a child with a disability entitled to	42
special education and related services under Chapter 3323. of the	43
Revised Code and the student's individualized education program	44
exempts the student from retention under this division.	45

(c) The student demonstrates an acceptable level of	46
performance on an alternative standardized reading assessment as	47
determined by the department of education.	48

(d) All of the following apply:

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(i) The student is a child with a disability entitled to	50
special education and related services under Chapter 3323. of the	51
Revised Code.	52

(ii) The student has taken the third grade English language	53
arts achievement assessment prescribed under section 3301.0710 of	54
the Revised Code.	55

(iii) The student's individualized education program or plan	56
under section 504 of the "Rehabilitation Act of 1973," 87 Stat.	57
355, 29 U.S.C. 794, as amended, shows that the student has	58
received intensive remediation in reading for two school years but	59
still demonstrates a deficiency in reading.	60

(iv) The student previously was retained in any of grades	61
kindergarten to three.	62

(e)(i) The student received intensive remediation for reading	63
for two school years but still demonstrates a deficiency in	64
reading and was previously retained in any of grades kindergarten	65
to three.	66

(ii) A student who is promoted under division (A)(2)(e)(i) of	67
this section shall continue to receive intensive reading	68
instruction in grade four. The instruction shall include an	69
altered instructional day that includes specialized diagnostic	70
information and specific research-based reading strategies for the	71
student that have been successful in improving reading among	72
low-performing readers.	73

(B)(1) Beginning in the 2012-2013 school year, to assist	74
students in meeting the third grade guarantee established by this	75
section, each school district board of education shall adopt	76
policies and procedures with which it annually shall assess the	77
reading skills of each student, except those students with	78
significant cognitive disabilities or other disabilities as	79
authorized by the department, enrolled in kindergarten to third	80
grade by the thirtieth day of September and shall identify	81
students who are reading below their grade level. Each district	82
shall use the diagnostic assessment to measure reading ability for	83
the appropriate grade level adopted under section 3301.079 of the	84
Revised Code, or a comparable tool approved by the department of	85
education, to identify such students. The policies and procedures	86
shall require the students' classroom teachers to be involved in	87
the assessment and the identification of students reading below	88
grade level.	89

(2) For each student identified by the diagnostic assessment	90
prescribed under this section as having reading skills below grade	91
level, the district shall do both of the following:	92

(a) Provide to the student's parent or guardian, in writing,	93
all of the following:	94

(i) Notification that the student has been identified as	95
having a substantial deficiency in reading;	96

(ii) A description of the current services that are provided	97
to the student;	98

(iii) A description of the proposed supplemental	99
instructional services and supports that will be provided to the	100
student that are designed to remediate the identified areas of	101
reading deficiency;	102

(iv) Notification that if the student attains a score in the	103
range designated under division (A)(3) of section 3301.0710 of the	104
Revised Code on the assessment prescribed under that section to	105
measure skill in English language arts expected at the end of	106
third grade, the student shall be retained unless the student is	107
exempt under division (A) of this section. The notification shall	108
specify that the assessment under section 3301.0710 of the Revised	109
Code is not the sole determinant of promotion and that additional	110
evaluations and assessments are available to the student to assist	111
parents and the district in knowing when a student is reading at	112
or above grade level and ready for promotion.	113

(b) Provide intensive reading instruction services and	114
regular diagnostic assessments to the student immediately	115
following identification of a reading deficiency until the	116
development of the reading improvement and monitoring plan	117
required by division (C) of this section. These intervention	118
services shall include research-based reading strategies that have	119
been shown to be successful in improving reading among	120
low-performing readers and instruction targeted at the student's	121
identified reading deficiencies.	122

(3) For each student retained under division (A) of this	123
section, the district shall do all of the following:	124

(a) Provide intense remediation services until the student is	125
able to read at grade level. The remediation services shall	126
include intensive interventions in reading that address the areas	127
of deficiencies identified under this section including, but not	128
limited to, not less than ninety minutes of reading instruction	129
per day, and may include any of the following:	130

(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	135
students;	136

(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	139
student retained under division (A) of this section who	140
demonstrates that the student is reading at or above grade level;	141

(c) Provide each student with a teacher who satisfies one or	142
more of the applicable criteria set forth in division (H) of this	143
section.	144

The district shall offer the option for students to receive	145
applicable services from one or more providers other than the	146
district. Providers shall be screened and approved by the district	147
or the department of education. If the student participates in the	148
remediation services and demonstrates reading proficiency in	149
accordance with standards adopted by the department prior to the	150
start of fourth grade, the district shall promote the student to	151
that grade.	152

(4) For each student retained under division (A) of this	153
section who has demonstrated proficiency in a specific academic	154
ability field, each district shall provide instruction	155
commensurate with student achievement levels in that specific	156
academic ability field.	157

As used in this division, "specific academic ability field"	158
has the same meaning as in section 3324.01 of the Revised Code.	159

(C) For each student required to be provided intervention	160
services under this section, the district shall develop a reading	161
improvement and monitoring plan within sixty days after receiving	162
the student's results on the diagnostic assessment or comparable	163
tool administered under division (B)(1) of this section. The	164
district shall involve the student's parent or guardian and	165
classroom teacher in developing the plan. The plan shall include	166
all of the following:	167

(1) Identification of the student's specific reading	168
deficiencies;	169

(2) A description of the additional instructional services	170
and support that will be provided to the student to remediate the	171
identified reading deficiencies;	172

(3) Opportunities for the student's parent or guardian to be	173
involved in the instructional services and support described in	174
division (C)(2) of this section;	175

(4) A process for monitoring the extent to which the student	176
receives the instructional services and support described in	177
division (C)(2) of this section;	178

(5) A reading curriculum during regular school hours that	179
does all of the following:	180

(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	183
reading progress.	184

(6) A statement that if the student attains a score in the	185
range designated under division (A)(3) of section 3301.0710 of the	186
Revised Code on the assessment prescribed under that section to	187
measure skill in English language arts expected by the end of	188
third grade or if the student does not attain at least the	189
equivalent level of achievement under that section as determined	190
by the department, the student may be retained in third grade.	191

Each student with a reading improvement and monitoring plan	192
under this division who enters third grade after July 1, 2013,	193
shall be assigned to a teacher who satisfies one or more of the	194
applicable criteria set forth in division (H) of this section.	195

The district shall report any information requested by the	196
department about the reading improvement monitoring plans	197
developed under this division in the manner required by the	198
department.	199

(D) Each school district shall report annually to the	200
department on its implementation and compliance with this section	201
using guidelines prescribed by the superintendent of public	202
instruction. The superintendent of public instruction annually	203
shall report to the governor and general assembly the number and	204
percentage of students in grades kindergarten through four reading	205
below grade level based on the diagnostic assessments administered	206
under division (B) of this section and the achievement assessments	207
administered under divisions (A)(1)(a) and (b) of section	208
3301.0710 of the Revised Code in English language arts, aggregated	209
by school district and building; the types of intervention	210
services provided to students; and, if available, an evaluation of	211
the efficacy of the intervention services provided.	212

(E) Any summer remediation services funded in whole or in	213
part by the state and offered by school districts to students	214
under this section shall meet the following conditions:	215

(1) The remediation methods are based on reliable educational	216
research.	217

(2) The school districts conduct assessment before and after	218
students participate in the program to facilitate monitoring	219
results of the remediation services.	220

(3) The parents of participating students are involved in	221
programming decisions.	222

(F) Any intervention or remediation services required by this	223
section shall include intensive, explicit, and systematic	224
instruction.	225

(G) This section does not create a new cause of action or a	226
substantive legal right for any person.	227

(H)(1) Prior to July 1, 2014, eachEach student described in	228
division (B)(3) or (C) of this section who enters third grade for	229
the first time on or after July 1, 2013, shall be assigned a	230
teacher who has been actively engaged in the reading instruction	231
of students for the previous three years and who satisfies one or	232
more of the following criteria:	233

(a) The teacher holds a reading endorsement on the teacher's	234
license and has attained a passing score on the corresponding	235
assessment for that endorsement.	236

(b) The teacher has completed a master's degree program with	237
a major in reading.	238

(c) The teacher has demonstrated evidence of a credential	239
earnedcompletion of a program from a list of scientifically	240
research-based reading instruction programs approved by the	241
department.	242

(d) The teacher was rated "above value added," which means	243
mostis an effective in reading instructor, as determined by	244
criteria established by the department, for the last two school	245
years.	246

(2) Effective July 1, 2014, each student described in	247
divisions (B)(3) and (C) of this section shall be assigned a	248
teacher who has been actively engaged in the reading instruction	249
of students for the previous three years and who satisfies one or	250
more of the following criteria:	251

(a) The teacher holds a reading endorsement on the teacher's	252
license and has attained a passing score on the corresponding	253
assessment for that endorsement.	254

(b) The teacher has completed a master's degree program with	255
a major in reading.	256

(c) The teacher was rated above "above value added," which	257
means most effective for the last two school years.	258

(d)(e) The teacher has earned a passing score on a rigorous	259
test of principles of scientifically research-based reading	260
instruction. This test shall be selected through a competitive	261
bidding process and shall beas approved by the state board.	262

(3)(2) If, on the effective date of this amendment, a school	263
district or community school cannot furnish the number of teachers	264
needed who satisfy one or more of the criteria set forth in	265
division (H)(1) of this section for the 2013-2014 school year, the	266
school district or community school shall develop and submit a	267
plan by June 30, 2013, in a manner determined by the department	268
indicating the criteria that will be used to determine those	269
teachers in the school district or community school who will teach	270
during that school year and how the school district or community	271
school will meet the requirements set forth in division (H)(2)	272
divisions (B)(3)(c) and (C)(6) of this section in subsequent	273
school years.	274

A school district or community school may include in this	275
plan the option to contract with another school district or	276
private provider that has been screened and approved by the	277
department to provide intervention services. If the school	278
district or community school's plan is not approved by the	279
department by August 15, 2013, the school district or community	280
school shall use a private contractor from a list approved by the	281
department or contract with another district to provide	282
intervention services for these students.	283

Section 2.  That existing section 3313.608 of the Revised	284
Code is hereby repealed.	285

Section 3.  Section 3313.608 of the Revised Code, as amended	286
by this act, shall take effect on March 22, 2013.	287

Section 4.  This act is hereby declared to be an emergency	288
measure necessary for the immediate preservation of the public	289
peace, health, and safety. The reason for such necessity is to	290
facilitate timely implementation of the act's revisions regarding	291
reading intervention and to coordinate those revisions with other	292
recently enacted amendments regarding reading intervention.	293
Therefore, this act shall go into immediate effect.	294